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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 05/03/1988 � i ' f I Office of the City Clerk CITY COUNCIL AGENDA Council Chambers ' City of Kent May 3 , 1988 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 . _.. CALL TO ORDER ROLL CALL 1. PUBLIC COMMUNICATIONS ,,A� Employee of the Month Proclamation - Public Works Week Proclamation - Older Americans Month Proclamation - Kent Community Clinic Week —� 7o less �C HEARINGS' - zoning o LeB1A-ne' Annexation --• Surplus Property 3 . CQNSENT CALENDAR Minutes jk! Bills Appointment to Centennial Committee Kantor Rezone - Ordinance Kantor MHP Combining District - Ordinance Ve. 1985 Sewer Rebuild Completion t,( Del Webb Pump Station - Transfer of Funds - yH/ Del Webb Pump Station Completion v1 Willis St. Improvement - State Agreement Segregation - LID 316 _., vK: Public Works Organizational Personnel Changes �: Sanctuary No. 3 Final Plat 4 . OTHER BUSINESS A. Council Chambers Remodel 5 . BIDS 6. 1/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 heard. A. Employee of the Month B. Proclamation - Public Works Week C. Proclamation - Older Americans Month Senior Center Week D. Proclamation - Kent Community Clinic Week Kent City Council Meeting Date May 3, 1988 Category Public Hearings 1. SUBJECT: LEBLANC ANNEXATION - INITIAL ZONING - AZ-87-5 2 . SUMMARY STATEMENT: This is the first hearing to consider the Hearing Examiner ' s recommended initial zoning of the LeBlanc Annexation No. AZ-87-5 . The property is approximately 15 acres in size and is located south of S.E. 232nd Street and east of 112th Avenue S.E. The Hearing Examiner has recommended zoning of MRG, garden density multi-family residential (with a maximum density of 12 units per acre) for the LeBlanc Gardens area and R1-9 . 6, single family residential (minimum lot size 9600 square feet) for the remainder of the site. The two conditions recommended by the Hearing Examiner are outlined in her findings and recommendation dated March 23 , 1988 (revised) . 3 . EXHIBITS: staff memo, staff report (2) . addendum, minutes (2) . order extending time (2) . findings and recommendation (2) , request for reconsideration, order revising conditions (including revised findings and recommendation) packet contains data regarding initial zoning as well as SEPA appeal 4 . RECOMMENDED BY: Hearing Examiner 2/24/88 as revised 3/23/88 (Committee, Staff, Examiner , Commission, etc . ) Zoning of MRG and R-19 . 6 with two conditions as outlined in the attached packet 5 . EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT• CLOSE HEARING: 6 . CITY COUNCIL ACTION: Councilmember J moves, Councilmember seconds to continue this public hearing on the LeBla Annexation initial zoning No . AZ-87-5 to June 7, 1988 DISCUSSION: ACTION• Council Agenda Item No. 2A DEPARTMENT OF PUBLC WORKS APRIL 28, 1988 TO: MAYOR KELLEHER,(�AND CITY COUNCIL FROM: DON WICKSTROM\y 1� RE: LEBLANC ANNEXATION INITIAL ZONING Revision of Hearing Examiner Condition #2 The properties within the LeBlanc Annexation area all have frontage on 112th Avenue S.E. The King County Assessor' s maps show that 40 feet of right of way exists in this area. There is not a clear deed of record for this right of way shown on the assessor' s map. 112th Avenue S.E. is a substandard roadway without curb and gutter, sidewalks, etc. The existing 40 feet of right of way is not sufficient for the eventual widening and improvement of the roadway to residential collector standards. Sixty feet of right of way is necessary for such improvements. Therefore, as a condition of initial zoning for the area, condition #2 of the Hearing Examiner's recommendations should be revised to read as follows: 2 . Prior to the issuance of a development permit (building, zoning, etc. ) for a permitted use for any properties within the LeBlanc Annexation area the Owner shall deed to the City of Kent sufficient property for street purposes such that 30 feet of right of way exists as measured from the north/south centerline of the southeast quarter of Section 17, Township 22, Range 5 W.M. With the present wording, until all property owners deed the required right of way, the final passage of the ordinance could not take place. This could be a problem if any of the property owners within the annexation area were to object to the condition and refuse to deed the additional right of way. By rewording the condition as noted above, we will avoid situations such as the recent problems with the former Good News Bay Rezone now known as Signature Point. FINDINGS AND DECISION OF THE HEARING EXAMINER FOR THE CITY OF KENT FILE NO: #AP-88-1 LEBLANC SEPA APPEAL APPLICANT: DENNIS DAGUE AND WARREN TUTTLE REQUEST: An appeal of the Determination of Nonsignificance for the LeBlanc Annexation #ENV-87-101 . LOCATION: South of SE 232nd Street and west of 112th Avenue SE APPLICATION FILED: January 4, 1988 DEC. OF NONSIGNIFICANCE: Not Applicable HEARING DATE: February 3, 1988 DECISION ISSUED: February 24, 1988 DECISION: DENIED STAFF REPRESENTATIVES: James P. Harris, Planning Director James M. Hansen, Planning Department Kathy McClung, Planning Department Greg McCormick, Planning Department Gary Gill, Public Works Department PUBLIC TESTIMONY: Dennis Dague - Warren Tuttle Jeff Garrett Monti Marchetti Debbie Montgomery Rick Foslin Tilak Sharma Debra Tuttle Carl Ricketts Alok Mathur WRITTEN TESTIMONY: Kent School District Carl Ricketts INTRODUCTION 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. - 1 - Findings and Decision LeBlanc SEPA Appeal 2AP-88-1 FINDINGS OF FACT 1 . The appellants, Dennis M. Dague and Warren J. Tuttle, appealed the State Environmental Policy Act (SEPA) Determination of Nonsignificance issued by the Planning Department on December 11 , 1987. 2. The Determination of Nonsignificance was issued for the City's request to establish initial zoning on a site recently annexed to the City of Kent. The site has an interim zoning of RI-20, Single Family Residential , and staff recommends in the initial zoning action that zoning of 5.5 acres known as LeBlanc Gardens be MRG, Garden Density Multifamily Residential , with the remainder of the site to be zoned R1-9.6, Single Family Residential , (approximately 10 acres) . 3. The site is approximately 15 acres in size and is located south of SE 232nd Street and west of 112th Avenue SE 4. The appellants and the public expressed numerous concerns which they felt could be addressed through the EIS process. These concerns include _ traffic, tree and bird preservation, hydrology and water runoff problems, pedestrian safety, vandalism, reduced land values, school overcrowding, sewer capacity, and fire response times. 5. Staff responds that since this is a non-project zoning request, the concerns expressed are premature since a site specific development plan would be required to submit another environmental checklist and the City of Kent would be able to make another environmental determination. At that time, staff could recommend mitigating measures or an Environmental . Impact Statement. k 6. The Public Works' Department indicates that the proposed multiple family use would generate only 15 additional P.M. peak hour trips per day than would single family uses on the same site. 7. The staff report, with its recommendation that the appeal be denied, is incorporated herein by reference as though set forth in full . CONCLUSIONS OF LAW 1 . Chapter 12. 12A of the Kent City Code and Washington State law require that the decision of the responsible official with respect to the need or lack of need for the preparation of an Environmental Impact Statement be given substantial weight. See e.g. Chapter 12.12A.520A1c of the Kent City Code. - 2 - _.. Findings and Decision LeBlanc SEPA Appeal 3AP-88-1 2. All concerns expressed by the public and the appellants are legitimate concerns. However, they are expressed prematurely. The undersigned agrees with staff's position that the request by the public and the appellants for an Environmental Impact Statement is premature on a non-project rezone. At such time that there is a site specific development proposal , site specific impacts can be addressed and mitigated. DECISION For each of the above reasons, the decision of the City of Kent Hearing Examiner on the LeBlanc SEPA Appeal is DENIAL. Dated this 24th day of February, 1988. _Yff L DIANE L. VANDERBEEK Hearing Examiner 144H-1H - 3 - HEARING EXAMINER MINUTES February 3, 1988 The public hearing of the Kent Hearing Examiner was called to order by the presiding officer, Diane L. VanDerbeek, Hearing Examiner, on Wednesday, February 3 , 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. The February 3, 1988 synopsis minutes for Tri-State Construction #CE- "' 87-9 are separate from the following verbatim minutes for LeBlanc SEPA Appeal #AP-88-1. LEBLANC SEPA APPEAL #AP-88-1 (Tape 1 at 448) James P. Harris: My name is James P. Harris, I 'm the Planning Director and my business address is 220 Fourth Avenue South, Kent, 98032. I 'm also the responsible official for the State Environmental Policy Act to the City of Kent. I guess what I will do -.• is go directly to the question that was asked about what an environment impact statement is and read into the record the pertinent sections out of State law. I have to go back a little bit and plow some ground before I get to the EIS. Before we get to an EIS situation in the City we do what is called a Threshold Determination and that's under the Washington Administrative Code 197-11-310 and this threshold determination comes about after someone has applied for a permit to either build something or to get a rezone or a conditional use permit or whatever and an environmental impact or environmental checklist has been filed out by the individual. And we then, myself and staff, review that environmental checklist and we make this threshold determination. I 'm going to read and quote a little bit from the WAC 197-11-310 it says, "The threshold determination is required for any proposed (unclear) and is not categorically exempt. " Now the State law exempts some certain projects and they don't have to go through the State Environmental Protection Act. The Responsible Official, and I 'm the Responsible Official, and that's per the Policy and Code, Chapter 12 . 12 A110, I won't read that, quote that, but that's the Section that designates the Planning Director as the Responsible Official in the City. The Responsible Official, the lead agency, the City of Kent, is the lead agency, shall make the threshold determination which shall be made as close as possible to the time that agencies developed or as presented as a proposal. And, skipping down a little bit here. Threshold Determinations shall be documented in a determination of nonsignificance, which we call a DNS, or a 1 Hearing Examiner Minutes Verbatim LeBlanc SEPA Appeal #AP-88-1 determination of significance. Now, if a determination of significance is made, we switch to the Washington Administrative Code 197-11-330 and it says, "Threshold Determination process" . . .and this says accordingly, "An Environmental Impact Statement is required for proposes for legislation and other major actions significantly affecting the quality of the environment. The lead agency, which I 'm a representative of as the Responsible Official, decides whether an EIS is required and a threshold determination processed. And, then it described a long, lengthy process here. So, I working with the - Planning Department staff work through the environmental checklist, make a threshold determination and what comes before us this evening is a determination of nonsignificance, conditioned, was made. I don't know if that answers the questions earlier. Diane VanDerbeek: What, could you, could you explain what the conditioned or mitigated determination of nonsignificance is? Harris: What the condition in this particular case is? VanDerbeek: What it is? I mean isn't it true that a mitigated determination of nonsigificance is a document that says to the applicant, you do not have to prepare an Environmental Impact Statement providing that you comply with certain conditions. Harris: In this case there is one condition applied which will have to be complied with in the future. VanDerbeek: And, if the mitigated determination of nonsignificance was not issued, then the other decision that the responsible official, meaning yourself, could have made would have been to require an environmental impact statement. Harris: Right, a declaration of significance which triggers the environmental impact statement that must be then prepared. VanDerbeek: All right. Does the witness understand now. Voice: My questions basically is "what is the checklist" , if you rule on one environmental impact statement, what things do you look at. VanDerbeek: Well, I think that process can explained during the City presentation in response to the appeal hearing. Are there any further questions. Voice: I have a question that might clear up something that I want to check on . Would conditions that will cause threats to personal health and well being, are those two conditions that would be affecting the quality of the environment. The quality of the environment is going to be affected to the point that it might cause conditions that would bring about threats to personal health and well-being. Is that then a 2 Hearing Examiner Minutes •� Verbatim LeBlanc SEPA Appeal #AP-88-1 condition that would start to have to file for environmental statement. VanDerbeek: That question can be responded to by staff during staff's response to the appeal hearing. That's a substantive question as -- opposed to a procedural hearing. There any other questions. Voce: You mentioned that there would be one thing they would have to do, didn't say what it was, that they would have to do an EIS. VanDerbeek: The City will indicate what that one thing is during their response to the appeal hearing. Are there any other questions that have to do specifically with the procedure at the hearings. All right, there appearing to be no further procedural questions at this time, at this time I would ask whether Dennis Dague or Warren Tuttle, who are the people who filed the appeal, intend to testify. Dennis Dague: I 'm Dennis Dague. VanDerbeek: All right. Do you intend to testify. Dennis Dague: Yes. VanDerbeek: All right. Please step forward to the podium, state your name and address for the record and then tell me the facts in support of the appeal which you wish to be considered. Dennis Dague: All right. I 'm Dennis Dague and my address is 11218 SE 234th Place in Kent. O.k. First of all as far as an impact on the community that I live in. If you put the condominiums in there, we will be having a lot of extra kids in the vicinity. There's no place for them to play, there were no places set aside in the conceptual plans for them to play, so they are going to do what kids who live in the neighborhood do already, go outside their neighborhood, come into our neighborhood to play. They are also going to do what kids do which is, to get to the school, the closest junior high school, they are going to go through my property, my neighbor' s property and continue to trespass and it' s a lot shorter, about by a mile, to go through our property then to go the legal route. The principal coming out hasn't stopped it, hosing them down hasn't stopped them, calling the police out hasn 't stopped them, continual rude remarks, destruction of our property and now we can see that that's going to increase. VanDerbeek: But how would an environmental impact statement stop that. Dague: O.k. , perhaps I don't understand, I guess I thought this was to show you what kind of impact it would have on the environment. But you say that what I have to show you is why an environmental impact 3 Hearing Examiner Minutes Verbatim LeBlanc SEPA Appeal #AP-88-1 statement, I guess, again, this way, you do it and hopefully, it will come out in the environmental impact statement, it will be one more thing negative to allowing those. VanDerbeek: O.k. , right. Dague: All right. VanDerbeek: Not right, I don't, (unclear) . Dague: You're understanding the point I 'm making. Another thing is that we have a road, a semirural atmosphere and if you put. . . VanDerbeek: Which road are you referring. . . Dague: 112th. If the condominiums are put in, then the conceptual plans show a beautiful laurel hedge. Well, the only laurel hedge that's there, it goes half the distance of the proposed condominiums and there's places where it will have to be removed, in order to allow for the additional setback for the road widening, so there will nothing there. Who is going to promise that they are going to put something in and do we have to wait for it to grow 40 years so it's tall enough to block the view and give us again a semi-rural atmosphere. By the way, I have some photographs to show you what it looks like now and can I submit these? VanDerbeek: Yes, you may. Dague: Who do I give these to? VanDerbeek: You can give those to Chris, the recording secretary, and she will mark them as an exhibit. Dague: O.k. You can see what it looks like now. VanDerbeek: Right. And, I will indicate to the record that I have viewed the site previously and have seen a video tape of this sight at a previous hearing and I will consider the photographs as evidence. Dague: Thank you. O.k. Now, I would like to read something here that, Item 6 of the environmental checklist of the environmental checklist on the LeBlanc Annexation, this is how it reads: "How will the proposal be likely to increase the demands on transportation, public services and utilities. And, then under the column for Evaluation for Agency Use Only, are the remarks, zoning a portion of this site to MFM would create a potential for increase demands to the higher density and increase site coverage and under comment now, they say, that if the only road to access the proposed condominiums was described by the Planning Department as a "substandard roadway with two lanes of pavement, rounded shoulders and open ditches" and in the 4 Hearing Examiner Minutes Verbatim LeBlanc SEPA Appeal #AP-88-1 addendum to the staff report for the Hearing Examiner meeting of December 16, 1987, this roadway has no street lights, it has no shoulders, it has no sidewalks except for a minute portion, it has open ditches and it is crowded with children walking to and from school twice a day, and with (unclear) other times of the day while dodging traffic. There has already been a child hit by a vehicle and there are near misses each day. In building the condominiums, 70 proposed, would produce at least a 100 cars from the owners of the condos, that would contribute an average of 1.5 cars per condo, which I think is conservative and these condo owners would have friends and service vehicles that visit them and increase traffic further. So, what is now a very dangerous situation would become a lethal one. This road cannot handle the increased traffic that the condos would bring. Allowing the condos, therefore, seems to contradict this Human Environment Element of the East Hill Plan which reads, "Overall Goal: Enhance, through good design, the aesthetic qualities of the natural amenities, manmade ..• environment to promote the health, safety and welfare of the community" . I would like to now submit these pictures of these children actually, in this case coming home from school, with the traffic going through them (Exhibit 2) . VanDerbeek: All right. Those photographs will be considered as an exhibit. -.- Daaue: Thank you. In addition, as mentioned for Item #1 of the Checklist under the column for Evaluation for Agency Use Only, it says there will be increased storm water runoff, I 'm paraphrasing this part, increased storm runoff it its increased for multifamily. So now I can see the children can do more than fall into the ditches, now they can drown in them. Am I allowed to comment, I 'm not sure this is appropriate now, on why proposing the condominiums is not the best way to save the trees. Or is that not the purpose of this hearing. VanDerbeek: Well, you can comment on preservation of the trees to the extent that requiring the applicant to prepare an environmental statement might result in preservation of the trees. Dague: What's this then. This is the overall conceptual plan and, if you noticed, get my (unclear) out of here, in the conceptual plans you want to save trees, yet you notice that it's almost wall to wall asphalt and buildings. The only trees that seem to be saved are on the periphery, that could be done with single family homes. There are some within that are being saved that could be done to the entrance to a single family home area and also a small cluster here, but the school district has requested and we all request that there be a place for the children to play, that could be done in a single family home area. Allowing more yard space seems to be more conducive to saving more of the trees. If the reason the Kent Planning Department, frankly I don't know why they don't ask for a six-acre skyscraper and j 5 Hearing Examiner Minutes Verbatim LeBlanc SEPA Appeal #AP-88-1 use the entire site to put the trees on. I don't understand how building more buildings saves more trees. It doesn't work that way, there's more asphalt, you have to allow parking, not only for the people that live there but for service vehicles and friends that visit. VanDerbeek: And, how do you think requiring the applicant to prepare an environmental impact statement would result in tree preservation? Dague: Well, if we are talking about, if you are saying that you do an environmental impact statement and taking away more trees reduces the semi-rural environment is detrimental to the semi-rural environment, well, in that case, they should do as they say they are trying to do and save more trees and I 'm saying an environmental impact statement might show that, in fact, building more units will not save more trees but, in fact, building fewer units with larger yards will save more trees thereby preserving more of our semi-rural environment. VanDerbeek: All right. I will indicate to the record that the proposed development plan is already before me in the previous hearing so you don't need to mark that as an exhibit, make that an exhibit. Dague: Thank you. VanDerbeek: All right. Dague: Yes, one last thing. Now, I think it's, should be, it' s important information that the notices that were posted for this meeting and for all other meetings were removed a day or so after they were posted and I might sound, I 'm not pointing an accusing finger, school children could have done it, but I 'm saying they have been removed. I 'm saying that notification of the hearings, including the previous one that you attended, was not adequate, (unclear) happening here. Person or persons unknown have removed all the public notice signs within a day or so after they have been posted. They are posted across an open ditch and they are unreadable from the road. The only way to read them before they disappear is to go into the ditch. The only sign that remained is when it was posted, hidden by telephone poles and telegraphs and that particular sign was for this meeting, all others have been removed. People living within short distances did not receive notification but yet we are definitely affected. Those who did know about it, except for those within 200 feet, and only those within 200 feet of the site and not even all of those within 200 feet. The person who passed and initiated the petition two years ago was conveniently not sent a notice and didn't learn about it until after the December 16 hearing. I submit the community is not properly notified and, I will least go on record, saying that I request there be a rehearing. I don't know if that's legal or whatever, obviously not, but I at least go on record as requesting a 6 Hearing Examiner Minutes Verbatim LeBlanc SEPA Appeal #AP-88-1 rehearing. I also go on record as saying that because the Planning Department sent out a notice of this meeting, they included in it a commentary which I don't think was necessary to include that they thought this was a premature meeting, and a number of other comments. But they kept away people that might have been here and might have had something to add, and it is my opinion that if perhaps it's possible that we may not be able to get a fair hearing and in the event to (unclear) there may be people who didn't come who might have come who might have had something to add. I feel that is out of place for the Planning Department to stab us in the back so to speak. VanDerbeek: Well, what negative commentary are referring to, specifically? Dague: O.k. I will let you know here. VanDerbeek: Are you talking about the staff report? Dague: Yes, I am. Is that, I can't believe that is something that they always sent out with the public notice of a meeting. The staff report itself. And, it was detrimental to our cause. Everyone I talked too, who received this, they all said to themselves, well, gee, why bother to go, and of the other, what, 200 people or so, on the mailing list, that I couldn't talk to, how many other (unclear) actually might have had something to add. I talked to the Assistant City Attorney who mentioned that perhaps it was the bases for a lawsuit and if we. . .I don't know what we can or can't do, I don't know whether or not there' s any—whether it would be wise to do it or not but I will say it here for the record that I will at least look into it. VanDerbeek: All right. Any further comments in support of your SEPA " appeal. Dacfue: One more second, if I may, and then I will be done. VanDerbeek: All right. You may have as much time as you need Dague: Thank you. Yes, something else that was brought up by the Kent Public Schools. I don't know if you've had a chance to read the letter by them from the Kent School District. It was submitted to the Planning Department so you should have a copy or you will have a copy. But, in support of an environmental impact statement, if an environmental impact statement was done, it would discover these things in the letter and it's not that long of a letter. Some of the issues have already been covered so I will skip the ones that talk about the dangerous roads. But I will mention here their second major concern is overcrowding at Park Orchard. This is a letter from George T. Daniels, Superintendent of the Kent School District, and I 'm quoting part of it. Our second major concern is overcrowding at Park 7 Hearing Examiner Minutes Verbatim LeBlanc SEPA Appeal #AP-88-1 Orchard Elementary Schools. Simply stated, we do not currently have the room in our existing schools for the students who would be drawn in from a development of this type. O.k. They go on to say that they would want an contribution in case there was building and it amounts to quite a bit of money if any of this was allowed. In any case, it is going to be necessary. The money must come from someplace to provide for their students and while they feel this, it is obvious, the developer is drawing in a substantial number of school-aged children whose daily recreational needs will not be met by existing parks and recreational facilities. I strongly urge you to require that sufficient land in the center of the proposed development be dedicated, landscaped and equipped to meet the needs of the school- aged children. Again, this affects the health, safety and welfare. . .also, it is obvious that each new residential development by its very nature brings an additional traffic burden to an already over extended streets and roads. This situation not only causes increasing greater hazardous for the students and staff who must walk these roadways but in addition causes our cost of operating school buses and other vehicles on increasing congested, on increasingly congested (unclear) . Therefore, we urge you to slow down development in this area and at least require the developer to play a substantial role in „ helping to solve the traffic problems attributable to his development. I would like to point out that 112th is not the only place where there would be traffic problems but, in fact, we who live in Kent Vista usually go through Park Orchard to go where we want because very often going to 240th, the intersection of 240th and 112th, it's so busy there we find it not convenient to go that way, so what will happen and the same with those people who will live in the condos, they will find it convenient instead to go through Park Orchard, through the narrow streets and through the places where there are kids walking on roads without sidewalks, narrow streets, with cars parked close together. I talked with some of the kids coming down 112th, giving them the notices of this meeting, and some of them didn't even live on 112th, they said it was more dangerous going through the narrow, winding roads of Park Orchard because cars would come upon them suddenly and there are no sidewalks there. All right, that's the end of my testimony, thank you. VanDerbeek: I will acknowledge receipt of two items of written correspondence which will be made a part of the record. First a letter dated January 27, 1988 from Kent Public Schools from George P. Daniels, Superintendent, addressed to the Sir Hearing Examiner, I assume that's to me, that's marked receipt February 3, 1988, I will consider those written comments as part of the record. There's also a letter from Carl Ricketts, with respect to this hearing and the letter from Mr. Ricketts raises issues with respect to notice for this hearing which I will ask the staff to respond to during their presentation. All right, at this time, Mr. Tuttle do you desire to give public testimony in support of the appeal which you filed? 8 Hearing Examiner Minutes Verbatim LeBlanc SEPA Appeal #AP-88-1 Warren Tuttle: Now, I will clarify some of the things that I might have developed that he didn't clarify. VanDerbeek: Sure, but you have to testify in front of the podium by stating your name and your address. Tuttle: O.k. , my name is Warren Tuttle and my address is 11308 SE 235th Place, Kent, Washington, 98031. O.k. , now, at the beginning of _ the hearing here you were talking about where we had to prove that the Planning Department made an error. O.k. , I just want to emphasize that on their, on the Planning staff's recommendation to you, the nonsignificance, the very end on page 8, o.k. , on some of their, their final recommendations. On Section E, it says recommendation of zoning would not appear to adversely affect the health, safety and general welfare of the citizens of the City of Kent and that's what we are appealing. Because we feel that an environmental impact should be done because of the poor conditions of the roadways, o.k. Now, also, if housing is put in there, State law requires because the roads that are put in there, would be put in there and they become public roads. Stop signs will be required, o.k. If condominiums go in there, there will be not stop signs. We already have a problem with the condominiums and the apartments next to us as it is without people failing to yield the right of way, o.k. VanDerbeek: Are you referencing stop signs through roads the interior of the development or what. . . Tuttle: Coming out onto 112th. VanDerbeek: All right. Tuttle: Now, we live in Kent Vista we have a stop sign because that is a public road. Condominiums went in there that is private property, any road accessing onto 112th doesn't have to because it's private property. VanDerbeek: All right. Tuttle: o.k. Now, one other thing, when we're talking about the roadway and the extra traffic going through the area, o.k. , as Mr. Dague mentioned that it would, they would go through Park Orchard, that means they have to go directly in front of the school, that means, you know, more safety problems for the kids because 112th, sure I understand, that 112th down to 240th, eventually 240th will be widened, o.k. We understand that but people are still going to continue to go through because there is such a traffic problem, unless a light is installed and I 've talked with the Engineering Department and there is no plans for upgrading 112th. Now, when Daybridge day care when in, there's those picture he had just to show now there are lines along the highway that road never had any lines until Daybridge 9 Hearing Examiner Minutes Verbatim LeBlanc SEPA Appeal #AP-88-1 went in, so you know you can wander anywhere on the road, cars could go basically anywhere they wanted to, they didn't have to yield the right of away. VanDerbeek: Are you saying that when there is no centerline you are not required to drive on the right hand of the road. Tuttle: That's the way the cars went, they just went anywhere they wanted to, because the road is very narrow. According to the Planning Department, we went out and measured it, it's 22 feet across. There are some areas that are a little wider in front of our housing development where they required sidewalks. Now, talking to the Engineering Department they said that if they put housing or condominiums in there, roads would be required to be either sidewalks put in, they said that was City policy. But, now, if that' s City policy when Daybridge went in, why weren't they required? Or, is someone telling us something that' s not going to happen? That's what we are worried about, we need sidewalks for the kids, so we feel that the staff has made an error in the safety and health of the citizens of the City of Kent. VanDerbeek: All right. Any further testimony in support of your appeal of the Planning Department's mitigated determination , of nonsignificance. Tuttle: No, I don't. VanDerbeek: All right, thank you for your testimony. Is there any public testimony in support of the SEPA appeal? All right, sir in the middle and then in the back there. (Mr. Garrett was not under oath, so Ms. VanDerbeek swore him in. ) Jeff Garrett: I 'm Jeff Garrett, 23512 110th Place SE, Kent, 98031. I was at the first hearing and I understand your procedure tonight. I asked some questions at the first hearing regards to the property and I expected an environmental impact statement to be processed and I was surprised when I got the notice about this, so I need to come up and ask the questions again. Maybe, they could be answered by staff because I didn't receive a staff report. I got the notice of the hearing but no staff report. I 'm concerned about the report and I agree with everybody about the health and welfare. But there is a problem with the property, I believe that an environmental impact statement would find out, there's a natural aquifers on the property, springs. A concern of mine would be if property was built on these springs not only to the detriment of the people living on the property but to the landowners around it which I 'm one of, we have natural runoff at all times, off of that property, condominiums or any type of housing they built on that if there wasn't adequate drainage put on, I wouldn't want to say disastrous but it has proportions of, you know, 10 Hearing Examiner Minutes Verbatim LeBlanc SEPA Appeal #AP-88-1 disaster. We get anywhere from 30 to 40 gallons an hour out of certain open areas on our property right now, if that land was covered with concrete, asphalt or any other means that water has got to go somewhere and its going be basically on anybody living below that property. The developer has mentioned in the first hearing that they had some sort of plan for storm drainage if it was deemed necessary by the City of Kent. I would think an environmental impact statement if there was any hydrology tests or soil samples taken would show that -•, the property possibly isn't even suited to have such high density of buildings. You've got natural forest land there. We've talked about the density of the overall structure and they're going to save trees by having, you know, the structure and then have trees all around it. I was hoping someone would mention that when you put these structures next to trees, a lot of trees are in there, like was mentioned at the first meeting are neither natural to the area or were brought into the area and they have different type of root structures. Looking at the plan at the first meeting, and I think the plan that was brought here tonight, they have the trees right next to these condominiums and they may last one to two years, standing there looking like good trees but with those structures being so close and with some of those root systems, I 'm sure those trees aren't going to last and I 'm pretty sure that an environmental impact statement, if they looked at the different type of trees that are on the property, it would show that. You just can't put a building right next to a tree and expect it to live. I realize, I stated the main point about the hydrology and soil sample tests, if that is involved with an environmental impact statement which, I hope, at least it should be, it would show that there does seem to be a need to show what is going on with that property at that time. Thank you. VanDerbeek: All right, thank you for your testimony, Mr. Garrett. Further public testimony. Monte Marchetti: I wasn't sworn in, I was a little late, sorry. (Ms. VanDerbeek swore in Mr. Marchetti. ) Marchetti: Monte Marchetti of 23608 112th Avenue SE and I would like to. . . VanDerbeek: Please spell your last name for the record. Marchetti: M-a-r-c-h-e-t-t-i. I was here at the first hearing. I too made some points at that time that I would like to reiterate. Some of the environmental concerns. I know it has been brought up _.. before but since I live directly on 112th and actually kitty-corner from the proposed property, I 've seen what's going on up there and I would like to object as far as the nonsignificance for the safety reason as well. My mail .box on 112th Avenue SE, there is no (unclear) so it's right there on the street so the mailman, you know, won't fall 11 Hearing Examiner Minutes Verbatim LeBlanc SEPA Appeal #AP-88-1 in the ditch to deliver the mail. But, anyway, it's been knocked over in the nine-and-a-half years I 've lived there, it's been knocked over four times, hit by a car. You know, I could have (unclear) everything's o.k. The thing that I want to bring up is that has the City Planning Department, I really, I feel have the real obligation to the community and especially the citizens beyond the, older citizens that do not have the presence of mind to protect themselves from potentially dangerous situations. School children, I would like to point out at this time too that there are three day cares so not just one major corporation day care on the corner there also a Lutheran Church that runs a preschool/day care, there's Ozzie's, it's been sold recently but just up a little ways there another day care. So actually within a probably a 100 or 200 foot range there we have three day care centers. I don't know the enrollment of the day care centers but that in addition to the public school at the other end of the street. So, we do have a lot of young kids that I feel that if a car hits, you know, you know you hear the auto/pedestrian type accidents, you know, if it doesn't result in a major injury, I think, you know, could be fatal to the kids and I think that is really should be a big thing of importance for adults to, (unclear) , this fashion to hold as kind of an honor that there is something that they are really expected to look out for hazardous. Another environmental concern I have is the hydrology. I don't know how, I see about two or three years ago, well really, back up, about six years ago, Clyde Downing, he was a, you know, infamous builder up on the East Hill. He put in a cute little development behind our area and probably three or four years after he was done, how the Planning Department, he went through the whole schnick with the Planning Department and everything else and he got his approvals. Now, this development, mind you is. . . VanDerbeek: Is this development within the City of Kent or in King County? Marchetti: I think it' s Kent, it's directly, Kent, thank you. O.k. , anyway those were energy saving homes but anyway this on the very crest of the hill on 112th as you go east, the hill slopes downward, as you go west, the hill slopes downward. Approximately three years after the homes were built, Clyde Downing was bankrupt, the people, we had a rain storm and the people were flood out of their basements. Now, this is right on top of the actual top of the hill and if you know that, I refer to testimony that gravity and water does go downhill. Now, what I would like to point out is, I don't know if that was nonsignificance, I really don't know the, what went on as far as putting the plan together on that project with Clyde but I do know that at the very crest of the hill, these people were flooded out of their homes. Subsequently, the Building Department or the Engineering Department (unclear) the first night was look at the footage to make sure the roadway you could see about approximately four and a half feet of asphalt from, oh, I would say anywhere from 235th all the way down, almost to the end of the Valley High project on 112th, had to be 12 Hearing Examiner Minutes Verbatim LeBlanc SEPA Appeal #AP-88-1 dug up and storm systems had to be put in to allow these people to, you know, go back into their homes and live. They could not handle " the heavy runoff at the very crest of the hill. So with respect to the nonsignificance and, you know, no hydrology studies, I would say that perhaps, you know, the past record with the Planning Department, perhaps it was somebody else then, whose in there now, there has been some abnormalities as far as the, what has happened, you know, as a community accepted these projects and this went on. And, they did a _. good job, they dug up the roadway, they put in culvert pipes and, you know, its working now, o.k. So, anyway, that's it for the environmental and I have some other things. Is it o.k. to bring up anything about property devaluation at this time? VanDerbeek• No. Marchetti: O.k. VanDerbeek: Well, not unless you somehow you think that requiring the developer to performance an environmental impact statement could somehow affect that but, I am not permitted in making a land use decision to require economic arguments because everyone would. . . If say law permitted decision makers in land use issues to consider personal economics then the whole world be commercial uses probably. Marchetti: Well, I talked to my attorney and he told me that if the land value will decrease, and he's with Olds, Morris and Rancard down at the Columbia Center, that you do have, you can sue to make up the difference from what your property was worth prior to the, you know, unfavorable zoning towards, with respect to the current value of your property and I think that if we had an environmental impact study and looked at the community as a whole instead of the interest of, you know, a few rather than a total community, it would perhaps work out best for the total community. VanDerbeek: All right. Thank you for your comments. Is there any - further public testimony in support of the appeal. Ma'am, and then I 'll hear the testimony from the two gentlemen in the front. Debbie Montgomery: I 'm Debbie Montgomery and the address is 23320 113th Place SE. I am member of the community there but I 'm here tonight representing the Park Orchard PTA. I 'm the president for the organization. They asked me to speak because this does have an impact on the school. We have a student body presently of 545 students. I believe State law requires that you can't have more 30 children in a classroom. Right now our classrooms are filled to capacity. Even -• though the bonds and levies have passed, it is going to be a couple of years before we get new schools. So the impact of 70 more homes in that area will impact the school. Park Orchard is a nonbussing school at this point. We do have other busses that come in to our school, that ship kids out to other schools. So the children that live in the 13 Hearing Examiner Minutes Verbatim LeBlanc SEPA Appeal #AP-88-1 vicinity, it's a walking school. A lot of them walk right down 112th. A percentage of (unclear) I have no idea. We also have the impact because the time of dismissal with the elementary, junior high is dismissed 20 minutes, just about 20 minutes prior to the elementary being dismissed. Most kids come up to 232nd to walk down 112th Avenue. So you don't only have the impact of the elementary children going down 112th you have the impact of junior high children which at times makes the road very impassable. Not only does it create a problem with the impact of bringing more students in right at this point. I have talked to Dr. Daniels. There is no more funding to bring in a portable to house these children. Even though we've got the bonds and levies past, at this point there is no fund. So we don't know where we are going o house them and that is the concern of the PTA. You know we have a responsibility here to our children and we have our responsibility for their safety and welfare. Thank you. VanDerbeek: All right. Thank you for your testimony. Further public testimony. Sir, did you want to testify? Rick Foslin: Rick Foslin, 23337 114th Place SE. The area that I want to talk about is has already been addressed. I just want to add my comments of concern that I feel that an environmental impact study would have probably brought to light the conditions that might cause threats to personal health and well-being. Namely the condition of the road, 112th. In its present condition right now is a hazard and I would like to quote from the letter from the school district, George Daniels, "Our first major concern is 112th Avenue SE, from SE 240th Street to Park Orchard Elementary. At the present time there is just only a small fragment of sidewalk covering this entire stretch of roadway. This lack of sidewalks coupled with the narrowness of the roadway and lack of shoulders makes this area one of the most dangerous areas for pedestrians in the school district" . I feel that probably an environmental impact statement would have brought this to light and maybe would have caused the Planning Commission to address the proposal of going back and entertaining plans to improve the roadway to sufficient safety to handle the proposed additional traffic that they are considering. An environmental impact study might have forced the Council or the Planning Committee to put the improvement of the road before the condition of changing the zoning to allow for further density in that area. Also, of environmental concern is the number of people that cross other people's property to get someplace. A sufficient amount of children coming through the middle of the block and I just happen to be in the wrong place and had the amount of 10 to 15 students in the morning and 10 to 15 students in the afternoon through the yard, over the fence, across the bushes because they did not want to walk the roadway of 112th out to either 240th or down to 232nd. It was sufficiently hazardous to them. . . for them to decide that and probably too kids are lazy but anyhow that did create a substantial amount of pedestrian traffic through my yard that I feel there is a detrimental environmental effect. I think the safety of 14 Hearing Examiner Minutes Verbatim LeBlanc SEPA Appeal #AP-88-1 the children should be considered, the health and safety should be considered in an environmental study and anything that would be detrimental or add hazardous conditions that would increase the danger to the children in the area should be highly considered in any environmental impact study. Thank you. VanDerbeek: All right. Thank you for your testimony. Do you wish to testify, sir? Tilak Sharma: Tilak Sharma, 11205 SE 235th Street, Kent. I wish to add a few things to the testimony which has been given earlier. Clyde Downing was one that was brought up and that is an example on how sometime the loopholes in the law or some other considerations can overlook the real issues. When construction start, 36 homes there were put in, those houses are posted by City of Kent and the building is substandard. And therefore, people should not move into the houses. A week later all those posters are taken out,I called the City of Kent and find out that I want to close my house, what is the condition of the (unclear) . They said everything seems to be fine. Within one week the substandard bill was gone and nothing happened then, nobody (unclear) , nobody put a new bill, so the highly logical I consideration which I have then brought up on near here , there are real situations. We can not hide them. There are loop holes by means of which you can hide them but the effects will still stay there. I would like to add one or two things, our people have gone to Orchard and we know the condition of the school and the facilities there, the temporaries have been mentioned in Dr. (unclear) letter, even if we have (unclear) for the temporaries, if you go look at the temporaries my son from my home here has no temporaries and during the summer season not the summer after the schools but between March and June they had to put special ice water for the kids so that they could drink and stay healthy in those temporaries they are not very conducive to their education. The traffic situation which has been mentioned earlier all along 240th street the left hand (unclear) either onto our area or onto the new apartments which have been built on the other side of 240th is so much now during the last two months it has increased so much that it takes on the average in the morning and in the rush hours it takes between five to seven minutes to take a left turn. And the fact is that all the way up the Benson Hwy the cars are waiting for this one or two left turners. There is a real traffic problem. On the average, every year there are about three or four cars which go in the ditches on 112th Avenue. The police record should show it. The latest one was just a few months ago. And right in front of the (unclear) the ditch there with a car. It's rather risky for the kids to walk back and forth from the school (unclear) there are footpaths or the sidewalks put in, there is not enough room space on the road where the cars, the cars can go very easily (unclear) . There was a one accident on 240th recently and the traffic was diverted onto 112th Avenue It took me seven minutes to come out of 235th street take a left turn to go towards 240th, just imagine, just 15 Hearing Examiner Minutes Verbatim LeBlanc SEPA Appeal #AP-88-1 one incident and when are a 100 or so more cars, what will happen at that time. I do not wish to make any judgement, or pass any judgement, but ever since some of the apartments have come into the area the quality of life has gone down in the (unclear) the crime has gone up and the stolen, the thefts have gone up. I have lost, my kids had lost three brand new bicycles during the last six years, five right from our driveway. The reason for that, in one case the police were able to recover the pieces of the bicycle and (unclear) the people and the reason for that is . . . VanDerbeek: . .They strip down the bikes? Sharma: Yes, they strip down the bikes, the police has the record. Now, the reason for that is when the apartments are put in people don't know each other, because they don't live there long enough. Therefore, anybody can walk into those areas, strangers they come in. Now we can't (unclear) that 36 homes. Nobody can go in there unnoticed. We know right away who is a new person. But in the apartments and the condos are there at that time because the amount of stay for each family is much less. People don't know each other, therefore, the strangers come in and therefore, the theft and the crime goes up. We (unclear) seldom find out. Thank you. VanDerbeek: All right. Thank you for your testimony. Any further testimony in support of the SEPA appeal. Ma'am. Debra Tuttle: My name is Debra Tuttle, 11208 SE 236th Place, Kent. I believe that an environmental impact statement would show that the sewers are already at capacity in that area. We've already--a letter in the LeBlanc file to the Kent Planning Department which states that an environmental impact would show that to be the case. In reference to driving and congestion, in addition to that, is that. . .well, my oldest child attends Park Orchard as a kindergartner, I 've received three letters so far from Park Orchard Elementary requesting us not to drive our children to school. The school 's too congested, there's too many cars passing to and from. . .myself, I 'm not going to let a five- year-old child walk down 112th unprotected without adult supervision. Therefore, myself and there are many other people in the area, have to drive our children to protect them. Just some of it. . .they went to school and got home o.k. That's the school position. They don't want us having to drive our children, they've asked us not too. When we call the Kent Planning Department. . . incidentally, I have four more pictures to add (Exhibit 44) , two of them show the condition of the last sign, the one that is that is still remaining and two others are again pedestrian from the condition of the roadway. May I submit, those. VanDerbeek: All right, you may pass those to Chris Holden, the recording secretary and those will be marked as an exhibit to this hearing. 16 Hearing Examiner Minutes Verbatim LeBlanc SEPA Appeal #AP-88-1 Tuttle: Thank you very much. When we called the city of Kent to report that the signs were removed almost immediately after they were posted. My house faces directly towards LeBlanc and I have extremely good visibility of when they are doing something there and when they are not. It's very noticeable to me. We called the City of Kent to report that the signs were not there, although we did know what they said, they were, you know, aware that the rest of the public did not know, we were told that the City of Kent would not replace the signs, would not go back and restand them, the signs were dead, they were in the ditch, broken in the ditch. That the City of Kent would not replace or set up the signs and we, by law, could not go and reset the signs. And so there was no way to. . .although we did what we could to, you know, make the City of Kent aware of the problem. In reference to devaluation and how that would effect. . .and how the environmental impact statement would click in with the devaluation problem that would ago or the resale that would occur. We feel that would lower the value of the homes which would increase the renting in the area because I believe a lot of people would not chose to live there, they would not want to deal with the headaches that would be created, there would be less care, less maintenance of the area, it would create a more slum-type setting for those that are there and I believe it would make a more transit and a more dangerous community all in all for all of those that would chose to live in that area. And I feel, that an environmental impact study would show that devaluating an area like that. I 'm sure you are aware that the configuration of our neighborhood. it's very definite and defined and we feel that the entire neighborhood would be affected in some way and that would create less desirable location and, therefore, make the entire area less desirable to anybody that moved there or in the future that would live there, it would create less pride, less care of the property and like I said more transient property, essentially that's all I ad to add. VanDerbeek: All right. Thank you for the testimony. Further public testimony in support of the SEPA appeal. Sir. Carl Ricketts: Carl Rickets, 23533 110th Place SE. I have been sworn in already and you have in your possession two letters that I 've sent in. We've covered an awful lot of ground here tonight and it' s getting late but I will go as quickly as I can. I will raise the issue of annexation size. . . VanDerbeek: Excuse me, Mr. Ricketts, you don't have to go quickly, you should feel like rushing your testimony. Ricketts: Well, it's late. VanDerbeek: Not for me. I 'm used to staying here until 10: 30 if I have too. 17 Hearing Examiner Minutes Verbatim LeBlanc SEPA Appeal #AP-88-1 Ricketts: The annexation size and several other items that I've raised the issue too and other issues that have been raised here tonight and at the previous meeting. Relate to the study of which I did receive a copy and in reading it find that, if I understood it correctly, if, in fact, this is approved, there will be other hearings covering other items later. Is that not correct. VanDerbeek: That is correct. Ricketts: If that be correct then many of the items that we've covered so far are inappropriate at the time as have to with this particular activity. VanDerbeek: Right, because the only issue at this hearing is whether or not the Planning Department erroneously did not require an environmental impact statement. Ricketts: I noted that more than my letters, my concern to the City, once the people, once it were, approve an activity. When it' s done, the City changes it mind and they did with the Senior Center. I would hate to see that happen to the extent that if this were to pass based on condos that, in fact, after having passed it would be converted into apartments which would increase the density. Those kind of things are a matter of concern to me. The traffic issue has been covered over, over and over but it is very much of a concern to me. Environmental drainage. My particular site has been in place for 20- 22 years, I pointed out at our last meeting. On both sides of my lot, drainage routes that accumulate on the LeBlanc property after leaving my property, I didn't design it that way, that's just the way it occurs, the growth of the trees, etc. in fact are not natural, they're planted. They're old, they're very mature, they're very attractive, I appreciate them being behind my, my back fence do not have any serious difficulty with the paved areas covered to date in terms of saving , those islands that the presenter at the last meeting identified would in fact be saved. I find that there, the bold issue has been covered locally in the (unclear) area and I think I heard something there tonight is, not an issue in terms of trees and shrubbery but is an issue in terms of cats over which we have no apparent control. I haven't any of them and would delight in shooting them if I had a gun to do so. The street, which I believe is 212, I am not, I very recently acquired the property that I have, but it' s the I believe north south, that it leads right into the school. I avoid that as much as I possibly can, much of reasons have already been covered. The road is extremely narrow, it's extremely heavily trafficked even when school is out in the summer time, a number of East Indians I 've noticed there, because they are just are walkers, I don't if they choose to or if they have to but the fact is the road is covered with people, going north and south going to the stores, etc. It's very, very narrow, vehicular and pedestrian traffic is very severe now on 18 Hearing Examiner Minutes Verbatim LeBlanc SEPA Appeal #AP-88-1 that street. Fencing, I know within the city that typically within the city when the property is totally resolved within the city, when a commercial venture is encountered that a twenty to thirty foot strip is provided that must be planted and fences are required typically a I believe a five or six foot cedar fence I think as defined, I have run into that being a member of a club that has some property here in town. My back fence is the city limits and I do not know and would like to know whether that fence which is twenty odd years old falling down, I 've actually taken out much of it will be replaced by this construction effort. It doesn't matter to me a whole lot in that I 'm building a fence in any case, it would be wire, I am not concerned about people passing through my property, I do have a pit bull, and they are welcome to pass through if they chose to, I really don't care I don't think he will either. I have not seen any posted notices whatever anywhere in the area, none, zero, I became aware of these hearings and the effort involved based involved based upon the former owner of the property who on two occasions now has notified me of activities, the school effort, I don't have that problem myself, I do understand it looks like perhaps as many as 66 kids based on the norms that are applied would be there that's two and a half class rooms, that's only part of the issue schools by definition require a specific acreage the more kids you put on a given area, the less acreage they have for their activities and that •becomes a pretty serious problem all on it's own. one of the other problems I have is times of construction of different efforts. For instance, when will these roads go in as opposed to when the construction of the facility would be built. The roads need to be there first, the lights need to be there first, (unclear) , the signs need to be there first, not after all these trucks are involved and all the people get there and six or eight months later a sign or two or light is fired up or whatever. The control efforts need to go up first if in fact this activity is approved. Hydrology, I think they've sized that pretty well, I 'm concerned with it because I don't what's going to happen to me if in fact all this water that comes down the hill does across my property, goes onto the LeBlanc property after it' s improved upon, whether or not I will run into law suite, there' s a great deal of water, again it comes down two sides of my property, I have no control over it and do I want to be first into the position where I have to control it because I have to pump it out up here. It can be controlled, but not by me hopefully. Apartments vs Condo, I think they've covered that, the school, the sewer, the sewer is a real problem, I have a real problem in that area this morning relevant to sewer back up, fortunately I was bowling tonight and drank a lot of beef so you can't smell it but I have a lot of it over my shoes and over my pants this morning, that' s unfortunate but I do believe that the sewers are running at near capacity and I think I mentioned this previously. Home evaluation, I think in fact the valuation of the homes will go up, not down. I think you can tell that by watching your taxes, I think that you will find that you will be paying more taxes, which has absolutely nothing to do with the resale value of that same property 19 Hearing Examiner Minutes Verbatim LeBlanc SEPA Appeal #AP-88-1 which I do believe will be going down. I think that covers pretty much most of the evidence that I had considered, traffic and drainage are probably the biggest items that I 've heard and that I am particularly concerned with, I have no desire to impact the city plans for annexation or to infringe upon the rights of the LeBlanc family in terms of making their property more saleable. Thank you very much. VanDerbeek: Thank you for your testimony. Any further public testimony in support of the appeal? Sir? Do you swear the testimony will be the whole truth and nothing but the truth? Alok Mathur: I do. My name is Alok Mathur. My address is 11213 S.E. 235th Place, Kent, Washington 98031. I strongly feel that environmental impact statement should be required within the last couple of years I have noticed that my basement it gets flooded a couple of times a year. And I have also noticed that a couple of houses in our neighborhood when they were put on sale, the banks required them to put sump pumps in their crawl space, so I feel it's really important that that be done before anything anymore development is done in that area. Thank you. VanDerbeek: Alright, thank you for your testimony. Any further testimony in support of the appeal? Carl Ricketts: I have a written comment, should I submit it now, or wait till the end of the meeting? VanDerbeek: You may submit it now sir. You can just pass your written comments to the recording secretary and then do you have any comments other than your written comments? Carl Ricketts: No. VanDerbeek: Alright. Any further public testimony? Alright at this time I'll have staff response to the appeal. James Harris: My name is James P. Harris, Planning Director also responsible official under the state environmental policy act. There are a lot of things have been covered this evening, 2 can't rebut all of them but I do want to discuss a little bit about the environmental check list and for those who haven't seen an environmental check list in the audience I will just hold it up and show you just what it looks like. You can come to the Planning Department and review this very document anyone that wants to can do this and it's several pages and it's pages have questions and the questions are related to certain kinds of environmental impact some environmental impacts that you might think would be impacts are not even questioned in this checklist. The question was asked earlier and I want to refer to it was what condition did we apply to the declaration of nonsignificance. And that one condition was the developers of the (unclear) garden 20 Hearing Examiner Minutes Verbatim LeBlanc SEPA Appeal #AP-88-1 property shall submit a true plan prior to the development of the property and in conjunction with the site plan or design the developer shall maximize the protection submitted in trues on this site, the true plan shall be drawn and submitted to the Planning Department as outlined in section 15.08.240 of the Kent Zoning Code. The, I think most of you probably know the (unclear) garden site is a an arboretum, a rather rare thing in this area, an individual over a long period of time planted some very rare trees such things as a copper beach tree, I found on the copper beach tree in the City of Kent, you won't find may here. White oak, spanish pine, redwood trees, you don't find very many redwood trees in this country. We feel as the county staff that most of those trees those that we can possibly save should be saved, so we are going to be really looking very, very closely at the way this property develops in the future. One thing I would like to clear up for the record is that there are two kinds of projects under the state environmental protection act that we deal with and one is called a project or non project. This has been identified as a non project. A non project is a something that deals with a rezone or a zoning code .-• or some governmental action that regulates or deals with a (unclear) situation through a regulation. A project declaration of nonsignificance or environmental check list deals with actual construction. A contractor is going to come on the site and actually start digging dirt and someone is going to start actually building buildings on the site. We are not at that point yet in the environmental review of this project. The point that we're at now is -. simply going through a environmental review of a zoning, that's the initial zoning for this site. The (unclear) staff has reviewed this reviewed this based on the fact that there's going to probably be some future action on this site, and someone is going to take out a building permit and build if it' s zoned for multi-family perhaps multi-family to a certain density, perhaps 12 units per acre. At that time the Planning Department staff, myself as the responsible official will take a very, very close look at the environmental check list that's submitted with that application and do an exhaustive review of all of the things that we've heard mentioned this evening. If we did that today we feel that we would have a premature situation as far as environmental review is takes place. The (unclear) may be applied if the council or the hearing examiner recommends approval of a certain zoning designation that the density will be set if the hearing examiner opposed that designation or that recommendation but nothing will happen with the ground, the ground will just sit there the trees will still be there because no one has taken out a permit to actually build anything and when the permit is taken out to build something that's the time when the situation with the streets, the situation with drainage, the situation of the school district and there is a specific question to ask in this environmental checklist how will this project affect schools, how will if affect police and fire service. And the person who filled this checklist out who is the applicant for this zoning states that this impact will occur at the time of the development, that's when the City is going to determine if an 21 Hearing Examiner Minutes Verbatim LeBlanc SEPA Appeal #AP-88-1 environmental impact statement is going to be done or if an expanded declaration of nonsignificance is going to be done. That's one thing we can do, we can have a person go back, do a traffic study, show us the impact at 212th and James Street, show us the impact on the children who are walking to school on 112th, show us the impact on the internal circulation system, the need for sidewalks. The, (unclear) , talk a little bit about our staff report because it was brought up this evening. The reference was to the staff report that was titled, Kent Planning Agency, Staff Report for Hearing Examiner Meeting of and then it says File No. , Appeal AP-88-1, LeBlanc SEPA Appeal. VanDerbeek: There was some question about that being distributed to people. Harris: O.k. that's distributed to the appellants, they are the people who have paid for and asked the Commission for an appeal from the. . .on the advisability of us doing a environmental, an EIS, environmental impact statement or not. The, however, as you well know, we always do a staff report for every case that comes before the Hearing Examiner, before the Board of Adjustment, the Planning Commission and we do a memo usually at the City Council level that describes the case at hand and the Planning Department does an analysis of the case at hand. In this case we had. a letter that was making certain points, we tried to find what points in that letter that were pertinent to an actual appeal to be heard on the determination on whether an EIS should be done or not and that's what we've done on pages 1, 2 , 3 and 4 . Someone here was talking about a page 8 in a staff report, our staff report only goes to page 4 so they obviously had some other staff report. VanDerbeek: I understood the reference to be to the environmental checklist. Whether it said page 8 of the staff report but the testimony of the witness, the way that page 8 related to the environmental checklist. Harris: O.k. But I think what I really want to say is that the staff does not feel this yet that someday, we don't know when, if this other zone for multifamily there may be a development on here on this site soon, some time in the future or never. At that time, they must then submit another environmental checklist and go through the whole procedure all over again. At that time, there is a much closer scrutiny, not that there wasn't a close scrutiny here, but a much closer scrutiny at that time because the impacts are real. We know that they are applying for a certain density, we know .that within six months the keys are going to be given to new purchasers of homes or whatever and people are going to be living on this site. When this site is rezoned, whatever density it is rezoned to, there are no keys given to anybody to move into any building because there's no building built. It's not built unit such time as somebody actually applies for a building permit. And it could well be and I cannot predict in the 22 Hearing Examiner Minutes Verbatim LeBlanc SEPA Appeal #AP-88-1 future, that it could well be we will do an expanded checklist or an environmental impact statement at that time. But, I can't predict that today, there's no way that I can say in advance that I would do that. That' s totally improper for the staff to do at this time. I do want to apologize for some of the notices. We, in the Planning Department, learn and learn and learn. We are learning an awful lot from this case. We are learning that in one case, we made the same mistake twice on notifying someone. I 've learned just recently about the stakes or the notices that were put into the ground and then taken out and our feeling is that we don't, we want people to know what's going on. There has been some question about notifying people within 200 feet not being far enough area out from the center of a piece of property that's being dealt with, the City Council has talk about maybe going 500 feet or even more, that hasn't been something that we've approved or has been approved. But we do want people to be able to know what's going on in their neighborhood, we post those notices and often times they are pulled out or knocked down or whatever, and I take personal responsibility for that kind of thing because it's my responsibility to make sure that we get public notices out properly. I 'm not going to talk about streets and School District situations at this time. If you would like some questions answered on that more specifically, we do have Gary Gill here who may talk about what might happen in the future on 112th, when road widening situations go in, at what point they go in, do they go in only at this property or is there a widening situation from, all the way from 240th to the elementary school, is it a half-street or a full street, when it's completed, is it curb and gutter, sidewalks, trees, that type of thing. The drainage that was talked about, is something that would be taken into consideration if a building goes on the site. Also, we be able to have someone come in and take core samples and find out really what's on that site. I think that most of the things are really related to schools and safety and some hydrology. I know that the school 's situation is really crowded there. We have letters from Dr. Daniels, the superintendent of the school district on almost all projects in the City of Kent now and we are trying to work with that school district to do what we can to mitigate impacts that are related to schools. At this time, that's all I really have unless there' s some questions you have. VanDerbeek: Well, I have some questions about the citizens concerns with respect to the hydrology issue but perhaps those questions should be directed to Mr. Gill. Or, you can answer them if you want, I don't know. Harris: Well, you could ask them but I probably can't because I 'm not a hydraulic' s engineer, I know very little about hydrology. VanDerbeek: Well, I probably shouldn't ask you. All right, thank you. 23 Hearing Examiner Minutes Verbatim LeBlanc SEPA Appeal #AP-88-1 Harris: I 'll answer any question. VanDerbeek: I 'm sure. Gary Gill: Gary Gill, City Engineer. Should I wait for specific questions or would you like me to address some of the general comments. VanDerbeek: Well, I guess I have a couple of specific questions that I will start out with. Gill: O.k. VanDerbeek: I guess my main questions has to do with the hydrology issue that was raised by the majority of the citizens testifying and I 'm just wondering what your response is to that issue is and what steps that the City could possibility take through the environmental review process to deal with some of the currently existing hydrology issues. Gill: O.k. I think as far as the environmental review process. I don't know if there' s anything that we do differently in this situation than we would under any normal development proposal. As part of the building process, we look in detail at any potential drainage impacts that the project would cause on the area and then the existing problems that already exist in the area. Some of the problems that were specifically discussed regarding the flooding in the basement, water under the homes in the development where Clyde Downing built, we are well aware of. Unfortunately, you've got to types of drainage systems that you have the public drainage system which is essentially the catch basins, the storm drains that are out in the public roadway system that pick up all the water draining into the street and directed off-site and then you've got private on-site drainage concerns. And in this particular case, a lot of those problems were specifically provided on-site builder oriented types of problems. If the builder had constructed subdrains as part of the structure improvements to that home and taken those subdrains out and tied them into a public drainage system when we probably would have been able to handle the water situation a lot better than he did. As far as I know, I don't even know, I think that all I have is perforated drains on the fittings, stubbed out so many feet passed the house and who knows where it went from there, obviously it didn't get away from the house too far. VanDerbeek: Oh, but doesn't the City have the authority to regulate that kind of thing? Gill: It's through the Building Code and it's through the Building Department. And the Public Works Department has the public streets and the public drainage system. The Building Code does not 24 Hearing Examiner Minutes Verbatim LeBlanc SEPA Appeal #AP-88-1 specifically require a builder to take a footing drain and tie it into a public storm drainage system. And, we've ran into that problem all over the east ridge area too. You had drains running through backyards, into people's houses and it's all on private property and we had no jurisdiction or control over it. Now, I know there's some legislation that's trying to be, it's being reviewed by King County and some other public agencies, that may require home builders to pipe line or directly connect storm drainage facilities that are part of residential construction, directly into an approved public storm drainage system. Right now it's not a requirement as part of any building code in the City or in King County. What I would say, as part of the on-site geo-technical investigation and the hydrologic investigations that are done by the private developer, the Building Department and the Public Works Department would have to review those reports and attempt to require adequate storm drainage control facilities to be put on-site to try to alleviate any potential problems. But, it's pretty hard to catch them all. VanDerbeek: All right. Did you have any further response to the comments of the public concerning the appeal. Gill: Well, what we looked at was with regard to part of the property as potentially zoned for multifamily use and the rest of it's residential, I think, ten acres residential and a little over five or six acres is multifamily. The impact that's going occurring from that type of development is not any different than the residential development impacts created from other residential developments in the area. When you already have traffic problems or drainage problems and we try to review those and require the property owner to mitigate those impacts as part of this development. In all cases, they would be required to construct on-site storm water control or drainage control facilities as part of their development and this would be on- site storm water detention facilities. We are looking as part of our storm drainage management, over-all management plan for the City, part of this drainage basin goes into the Garrison Creek system and we are in the process of constructing so the regional storm water detention facilities to alleviate some of the flooding, erosion problems that are taking place in that particular basin. So, as far as the adequacy, an environmental impact statement required on this particular proposal would not enlighten us anymore on the storm drainage or traffic problems in the area than we are already aware of. We are in the process on widening SE 240th Street from 104th to 116th, designs are underway right now. We hopefully would have that project under construction sometime this summer. That would be constructing a full five lane arterial section all the way from 116th to 104th. That also includes future provisions for traffic signal at 112th and 108th Avenue SE. The signals wouldn't necessarily be installed at this time but we would have to look and see whether the traffic warrants were . met to require signals to be installed. The, looking at the difference at what would take place if that six acres were developed 25 Hearing Examiner Minutes Verbatim LeBlanc SEPA Appeal #AP-88-1 as residential versus multifamily and the number of trips, peak hour traffic trips that would generated is 15 more trips than what would take place if it were residentially, single family residential for that six acres. We don't feel that 15 additional peak hour trips is going to unduly overburden an already overburdened traffic system. So the future plans are to widen and improve this roadway, 112th Avenue as well as the arterial that would serve the area. As far as what would be our, what our normal measures would be, I don't know if I even need to go to explain this but I think Mr. Harris said that this would help explain the situation of what we normally require. At the time when somebody comes in with an environmental proposal, an environmental checklist for multifamily development, we look at the impacts on the streets and arterial systems in the area. We've got several requirements that take place: we require the developer to participate in the regional transportation improvement projects that are planned as part of the Kent general area which would be the proposed 277th, 224th, 192nd arterial corridor projects which are identified in our Transportation Master Plan. We also would require the developer to make immediate improvements to the roadway which immediately abuts his property and some times we look at whether or not we have the ability to create a larger project. Our preference is to try to do a larger roadway improvement project rather than do a piecemeal improvements adjacent to each property as it develops. We would require that the property owner to execute a no-protest LID covenant for future widening and improvement of 112th Avenue SE to residential collector standards which would be essentially a 36-foot wide street, curb and gutter, sidewalks, street lighting, storm drainage, and normal improvements that are required for new streets under the present standards. And, this particular developer obviously would not have to bear the cost of improving a substandard roadway all the way from 240th to the site. Nobody could economically even begin to afford to pay for improvements of that magnitude. However, if - adjacent property owners along 112th which to participate in a program or a project of that nature then they can always submit an LID petition requesting that the City form an LID project, a local improvement district project, for widening and improvement of that roadway. We would be more than happy to accommodate them. So, I believe some of the comments regarding the Park Orchard area which is in King County, there are no sidewalks, it's a residential platted street and I believe they also have the option within Park Orchard to create LIDS for putting in sidewalks in their own residential neighborhoods. If there is a real serious safety problem with children, then I guess we would encourage them to do that. It's not within the City of Kent, so we don't really have any control over that part of it. VanDerbeek: All right, any further comments. Gill: Unless you had questions. 26 Hearing Examiner Minutes Verbatim LeBlanc SEPA Appeal #AP-88-1 VanDerbeek: No, I didn't have any questions. Thank you for your testimony, Mr. Gill. Any further response to the appeal by Planning staff. Mr. Hansen? Jim Hansen: Jim Hansen, Kent Planning Department. I wanted to make at least one concluding comment because I think it's important that the public understand the process and we've had a problem in the past and we'll probably continue to in the future because I think the way the development process works and the zoning process is confusing, always will be. But, I' ll try once again, I think, to explain it. That this particular appeal is dealing with one issue and one issue only and that is the establishment of zoning on this site that will eventually result in the number of units or the number of homes that can be built. That's really the only issue. Some time later, in a second stage or a second phase, we will have before us and the public will have an opportunity through the environmental review process, actual development plans which will show how many units they want to build, what they will look like, how they will be located on the site, which trees will be saved and so on. And, at that time, Gary Gill our City Engineer and all of us will be more specifically concerned in the evaluation of the impacts to your neighborhood, to the streets and so on. At this time, we aren't ignoring that potential impact, it simply isn't the issue before the City. The issue really only relates to the number of units, the number of homes they can eventually build on the property. I hope that's just a little clearer. Thank you. VanDerbeek: All right. Thank you for your comment. Any further response to the appeal from the City. Any rebuttal comments from the two persons who filed the appeal, any concluding comments. All right. Please step forward. Dactue: I (unclear) to the record, I 'm Dennis Dague. Just want to say that, what I know about filing with the Planning Department is what I now from the Fire Department is that it' s the worst response area that they have. Again, I would like to say, they call it a nonproject but plans have already been submitted. . .conceptual plans but they know basically what they want. I think it' s a confusing word to those who are not working in the Planning Department and I think it to be clear that in fact there's a project, a definite project in mind. But until we see the actual plans, we see conceptual plans. There is a project. O.k. (unclear) both the checklist and we should consider the fact this checklist just considers just a few items here and there, this is " exactly what I think. It doesn't consider anywhere near enough or deep enough, an environmental impact statement is needed. The checklist is insufficient, especially for a development of this magnitude. They say, (unclear) trees, they want to save rare trees and I would love to save all the rare trees, it (unclear) I wish we could. Whose going to maintain these rare trees. Condo owners who may end up renting their apartments, homeowners would maintain these rare trees, someone else living in condos, if they get bloat or a 27 Hearing Examiner Minutes Verbatim LeBlanc SEPA Appeal #AP-88-1 disease who will maintain them. If they are really concerned with an impact to the environment on this site, and that rare trees are a consideration that is, (unclear) environment they want to save certain rare trees then let' s do it right. Let's get the kind of development in there, the kind of people in there, who will, in fact, save these trees, who will preserve these trees and nurture these trees. Renters aren't going to and I 've got a feeling that a lot of people who own the condos will eventually move out, move into a home, do whatever, and (unclear) , will be just like apartments. Again, they mentioned that they want to save the trees and once again, someone mentioned, who, will the trees live, what kind of soil is needed for the trees, (unclear) asked by the (unclear) , and by the way, what about the fact that they are going to have buildings in there and the trees will now have more shade or less shade, or more water or less water. I wonder if you could consider that in the environmental impact statement. Are these so particular rare trees really conducive to living in the kind of conceptual development that we have presented here. O.k. They said that only the applicants, myself and Mr. Tuttle were to get the staff report with our notices. I suppose this was just an oversight or mistake that, in fact, they sent them out to everybody. Well, I consider the testimony and procedure about people, who not only (unclear) for us, I again state, that I have no doubt that we were damaged by people who thought it wasn't, probably wasn't going be need to come here when they received that staff report. And, I don't what avenues we have open to us but if we aren't successful here we will pursue all of them. Improper posting, improper notification has cost us the time and the money to come here. We could have been at the first meeting and presented all these arguments. We feel the City is responsible for this, we make the motion for the record for whatever it cost us to come here to file this appeal. We are going to add a 100 or so names, as many people as we can find, anywhere around the LeBlanc development, proposed development, to be added to the mailing list for the Kent Planning Department. So, in fact, we have to know about it, consider (unclear) put signs back up when we told them two or three times that they are down. And in fact, inconsiderate enough to mail more than 200 feet. Considering the fact that they are inconsiderate enough to put something negative in the notice of this meeting and we can only hope that, in fact, they will mail all the notices to all the people and not accidently leave out some of the most important (unclear) because this time didn't happen to get a notice sent to the very person who last time got over a hundred signatures so they didn't, some people in the community say they, in fact, they did not want the condos development, this was a few years ago and this particular person who started this petition, he didn't get his, and his is within 200 feet and by the way I have the signature, I don't know if that's something you need, but the Kent Planning Department, if it's something you need to see, if it's something important I would like to (unclear) now, but my questions is, if it's already in the LeBlanc file, so (unclear) , something you already have. 28 Hearing Examiner Minutes Verbatim LeBlanc SEPA Appeal #AP-88-1 VanDerbeek: What. . .are you referencing the signatures that were in the SEPA appeal file. Dague: Actually, what I'm talking about is two years ago, this man cam out with a petition and submitted over a hundred signatures from people in the community, around the area, saying they don't want to have this developed in this way. This man did not get a notice of the hearing you attended on December 16. VanDerbeek: Was that petition in connection with zoning hearing for the Comprehensive Plan? Dague: Was that either for a Council meeting or zoning, I 'm not sure, I don't have it in front of me right now. I have it here, but not in front of me. Harris: I can identify that Madam Hearing Examiner. VanDerbeek: Can you clarify that, Mr. Harris? Harris: Yes, two years ago we had the hearings on the Comprehensive Plan change, he is referring to files related to that. That went through the Planning Commission, Planning Commission made a recommendation to the City Council, City Council passed on the Planning Commission recommendation. You would not have those files. VanDerbeek: No, I don't think that the information in that particular petition would. . . Dague: Is relevant, o.k. VanDerbeek: Would be of assistance to me in determining the SEPA appeal. Dague: O.k. I ' ll just note then, in fact, the man who had enough initiative to start that is, happen to be the person within 200 feet, whose name is Carrett (?) , didn't get a notice. If I were he, he would have notified (unclear) , and we could have nipped this in the bud, hopefully, at the first hearing. O.k. , the Engineer mentioned that certain developments and buildings went up in Kent and there were certain problems with them. So the question is, who's watching them, who's watching over these builders, who's supposed to make sure these are done right. If they had trouble watching over the builders in the past, how do we know they aren't going to have the same troubles in putting in a huge complex (unclear) a significant problem that would be too expensive for anybody to really effectuate a remedy. Who's going to look over the construction of the condos. I noticed it seemed like the person up seemed to be passing the buck. Well, that's not my department, that's the Department of Public Works, well that's 29 Hearing Examiner Minutes Verbatim LeBlanc SEPA Appeal #AP-88-1 the department of this or that. Well then, who in the heck is going to do it and I don't know what kind of things that come out in the environmental impact statement but is that the kind of thing you can find out actually, who is responsible for every aspect and phase, so you can just give the answer, so we can know who to go to, to get the answers. Well, like I say, I don't know the, how far an EIS can go, but if not, can an environmental impact statement or an environmental impact statement (unclear) just tell me just who in the City of Kent is responsible, and just what they can require of a builder and the lack of an ability to control a private developer definitely affects our community. So, I would hope there would be something that could come out in the environmental impact statement, the responsible parties within the City of Kent, (unclear) mention to that. They mentioned a stop light at 112th, 240th as though that's going to be, hey we're taking care of a problem. The fact is that's going to make the situation worse only because now there' s a lot of traffic by the school that goes down to 216th to use the stop light there and (unclear) oh, wow, this is great, fantastic, now they can use the stop light here. They are going to attract out of area traffic down 112th that now bypasses us so we will not only have all the condo traffic but will have all the traffic that exists right now and then out of area traffic that is attract to a stop light plus people that go down 240th, they get caught behind traffic, go, wow, hey, I 'm going to get out of here and they will be attracted down, back ways to get home. I think it' s going to make the traffic worse. He mentioned something that instead of having 20 homes, you had 76 units, you would only have about 15 more trips during peak hour and I would just like to know what school he learned that two plus two is five. An environmental impact statement now could have saved all these things, at least I would think so. We would have the answers now. I 'm appalled that a development of this magnitude isn't required, up front, to do something like that. What is a no-protest LID? Does that mean that if a certain percentage of the homeowners say, o.k. we' ll do it, and only a couple opposed or is that nobody opposes and by the way, on this (unclear) , there are only two or three homeowners but there are large sections of land they are on, so are they going to bear the cost, no matter how much hundred of thousands of dollars it costs to put in the sidewalks, etc. But, they obviously can't afford it and for that matter, I 'm not sure that the entire Kent Vista can. It's isn't like we have a lot of homeowners to share this cost with, plus, the people that are making a profit on this, the developer, are the ones that are causing the impact. I don't understand why it is, that they should be the one's sharing the cost when in fact, the values, people doing articles, I didn't bring them, wished I had, some of it, in fact, (unclear) the City, or the (unclear) , the people, the developers ought to share more of the costs and one last thing is that the City of Kent, I understand, can require the developer to make improvements but they may be off-site. In fact, they might be miles away. How, do we know that, in fact, the improvements that they do require of this developer would be for our community, that we won't 30 Hearing Examiner Minutes Verbatim LeBlanc SEPA Appeal #AP-88-1 have our impacts lessened. I noticed, for instance, that on the (unclear) division, which is right down the street, they are saying, well, he can go ahead and he can. . .we might require that they put sidewalks in or improve the street or whatever, or they give the option of improving a place two or three miles away. So, how do we know about what's happening in Kent, that, in fact, we have problems but one of the outs they are giving us is, you can add to the corridor, and that's going to be called the 228th corridor or something like that. That's great for whoever lives two or three miles away but that doesn't the impact here but apparently would satisfy the legal requirement. Maybe be stuck without (unclear) as mentioned. But, I guess, you said, the gentleman over here, said that this is all a matter of zoning, this entire meeting is a matter of zoning. We were told at the very beginning that this is simply not an environmental impact statement. We have been told, that in fact, that this meeting was accomplishing the zoning whether, we can bet it would be a little bit differently. So. . . VanDerbeek: No, no, no. You are misscharacterizing the testimony. The issue is, at this hearing, and the only issue is, whether or not, what are the environmental impacts associated with the recommended zoning proposed in the annexation proceeding and whether those impacts require an environmental impact statement. This is not a hearing that has anything to do with the actual zoning. Dague: I misunderstood his remarks, and I apologize for that. But, also, and I 'm not sure if this is the place. I guess I will ask it and maybe it will be answered somewhere else. Is there anything that we can do, at this point, to keep it single family or to make it single family? I guess interim is single family zoning, so can we keep it single family. And, also, there was a meeting that we were at, you presided over on December 16 and I don't know what things we could have done, since we missed your meeting, we didn't know about it. I don't know what else we could have done besides what we are doing here. But, I know that we went to the Planning Department and said that we missed the meeting, didn't know about it, what can we do, is there anything we can do? And, we were told we can go to the City Council meetings, and about the only other thing we can do, when they come up. The only other thing we can do is to file a SEPA appeal. If there are other remedies, we were not informed even though we asked. I will say they seemed to bend over backwards to discourage us from filing it. But, just, upon us, it was a waste of time and that we've never had it done before and, if, (unclear) is when I called up the first time, the Planning Department, to find out what was going on here and I found out the first time, I said what does this all mean and I was told that it means he can build single family homes and I said that' s good, I like single family homes and I thought about it, and I thought, well, I better ask, is that all he can build, and I was told he could build duplexes if he wanted to. . . 31 Hearing Examiner Minutes Verbatim LeBlanc SEPA Appeal #AP-88-1 VanDerbeek: What possible relevancy does what you were told by the Planning Department have to this hearing, by the Planning Department. Dague: A lack of judgment, I should have had an environmental impact statement. If I can't trust them in one area, I can't them to use good judgment to say a checklist was enough. I was eventually told, when I asked, that they could, the fact that condos were proposed. VanDerbeek: All right, any further comments in rebuttal. Daque: I have no further testimony, thank you. VanDerbeek: All right, thank you. Mr. Tuttle did you have any response. Tuttle: (Unclear) . I'm Warren Tuttle, and the Planning Director was talking about basically he pushed off the issues we brought up basically about the safety of the roads and the water problems. Hey, those are real. They got to be attended to before. We as citizens, you know, the way I feel, he says, that' s their department or another department, o.k. What recourse do we have, he says, at the time we give the permits, that's when we are going to make the decisions but the Engineering doesn't realize, I 'm sure they realize, though, that he said an additional 15 trips per day, o.k. , how do you take 70 unit and only get 15 additional trips, o.k. 15 people out and 15 in, that' s 30 trips per day. That road, through which I 've looked through the files, has an average of 2 , 100 trips per day on that narrow road, it's in the file. VanDerbeek: I know, I heard the testimony to be 15 additional p.m. peak hour trips per day. In other words, during the afternoon peak hour trips 15 additional. . . Tuttle: How do you get that out of a proposed 70 units, I mean 15 trips. VanDerbeek: That was the testimony. Tuttle: That' s what I 'm trying to say, it doesn't add up. O.k. , and as far as the impact, on, like the hydrology, o.k. Now, I 've looked at pictures of the LeBlanc area which are in the file which are slides, o.k. It shows downed trees. Everyone that lives in that area knows that' s hardpanned. My trees in my yard are not very deeply rooted. What' s to say when they put apartments in there, how do we know how deeply rooted these trees that they have in there are now. The picture show that there are already fallen trees in there. Granted, that some of the trees have been there 40 years, o.k. But if they put additional condominiums and things in there, whose to say those trees are going to stay there, whose to say they are going to fall. How do we know. I know that the Planning Department's 32 Hearing Examiner Minutes Verbatim LeBlanc SEPA Appeal #AP-88-1 explanation weren't very well at all. Because the buildings are planned, they are saying that at a future date, that they may come and do this. Now, Mr. Dague talked about a petition and the signatures, o.k. Originally, they had it so that 236th, if you look at that plan, who go through, o.k. It seems to me that to appease these people on the King County side, they decided o.k. they aren't going to put 236th through, o.k. And we see that on the plans, whatever, contemporary plans, whatever they call it, that road doesn't go through anymore, so everything comes out onto 112th. So, I feel that the issues here are being evaded by the Planning Department, that there should be a statement (unclear) made. Because, you know, especially with the trees on there, we don't know how deeply rooted they are, you may not be able to build on there, you might not be able to save any of those trees. And, I 'm not saying, the Engineer was talking about the roadway, he says that County, am I correct, is that what he said. VanDerbeek: That's not what I heard. Tuttle: Because I going to say, how could it be both City limits on both sides and the road still be County. Now, when he talked about County roads by Park Orchard. Now, Park Orchard has a walkway coming through their driveway, through the access, they made one. It's asphalted, they've taken and put little blocks so the kids can walk through. Now, on the other side of Park Orchard where he' s saying there's not sidewalks, there are sections of sidewalks in Park Orchard and there is allowable walkway where there isn't on 112th. So, I feel, you know, can't say the County hasn't done anything why should they do anything but there is room on the County side for the children to walk and be off the road. That' s all I have. VanDerbeek: All right, thank you for your testimony. No additional rebuttal testimony from the public is permitted on the SEPA appeal. All right, at this time I will close the public hearing with respect to File #AP-88-1. I will issue written findings of facts and conclusions of law and decision with respect to this appeal within 14 calendar days from today's date but I believe there may be a City holiday in there, I don't know whether or not that will affect the time schedule but the secretary is nodding her head affirmatively, so it may but in any event I will issue written findings and decision on this matter as well as a recommendation to the City Council on the LeBlanc Annexation. I will indicate that the Rule of Ex Parte Communication strictly prohibits my conversing with anyone or receiving any information in any manner concerning the hearing outside of the record. Because everyone has the right to hear all of the testimony and so I would strongly discourage anyone from approaching _ me after the hearing and attempting to tell me anything because after sitting here for several hours and the other LeBlanc hearing I would hate to have to disqualify myself so that we would have to start back at the beginning so I would remind audience about the Rule of Ex Parte Communication. Thank you for appearing. 33 KENT PLANNING AGENCY STAFF REPORT FOR HEARING EXAMINER MEETING OF FILE NO: #AP-88-1 LEBLANC SEPA APPEAL REOUEST: An appeal of the Determination of Nonsignificance for the LeBlanc Annexation Initial Zoning #ENV-87-101. STAFF REPRESENTATIVE: LIN BALL/GREG MCCORMICK I. GENERAL INFORMATION A. Determination of Nonsignificance On December 11, 1987, a Determination of Nonsignificance (DNS) was issued for the initial zoning of the LeBlanc Annexation area. The Planning Department staff recommended that the 5. 85 acre area known as the LeBlanc Gardens be zoned MRG, Garden Density Multifamily Residential, with a maximum density of 12 units per acre and the remainder of the annexation area be zoned R1-9. 6, Single Family Residential (approximately ten acres) . The Planning Director concurred with the staff recommendations and a DNS was issued by the Director under his authority as SEPA Responsible Official for the City of _.. Kent. Dennis M. Dague whose address is 11218 SE 234th Place and Warren J. Tuttle whose address is 11208 SE 235th Place, have filed an appeal of the DNS. This appeal was made on January 4, 1988, within the time frame for appeals as set forth in Chapter 12 . 12 A, Kent City Code, Section 520, - Appeals. The SEPA threshold determination was made following WAC 197- 11-330, Threshold Determination Process. B. Location The LeBlanc Annexation area is located south of SE 232nd Street and west of 112th Avenue SE and is approximately 15 acres in size. 1 Staff Report LeBlanc SEPA Appeal #AP-88-1 II. HISTORY In July 1984, Land America Corporation representing Leo LeBlanc, requested an amendment to the East Hill Plan Map for the LeBlanc Gardens area from SF 4, Single Family 4 to 6 units per acre to MF 12, Multifamily Family 7 to 12 units per acre. Mr. LeBlanc' s intention was to develop this area in a PUD or cluster type of development rather than single family in an effort to preserve as many of the unique trees in the gardens area as possible. The City of Kent Planning Commission held public hearings on January 15, 1985 and February 26, 1985 to consider the East Hill Plan Map amendment requested by Mr. LeBlanc. At the February 26 meeting, the Planning Commission passed a motion unanimously to recommend approval of the requested change to the City council . On March 18, 1985, the City Council considered the requested plan map amendment and passed a motion approving the requested change. On April 1, 1985, the City Council adopted Resolution #1051 amending the East Hill Plan Map. In June 1987, Ordinance #2727 was passed annexing into the City of Kent a 15-acre area known as the LeBlanc annexation. The newly annexed land was given an interim zoning designation of R1-201 Single Family Residential, minimum lot size of 20, 000 square feet, until such time as the Hearing Examiner and City Council establish the initial zoning for the newly annexed land. As part of the initial zoning process, an environmental checklist was completed by the City. The initial zoning is considered under SEPA (WAC 197-11-704 2bii) to be a nonproject action. A nonproject action involves decisions on policies, plans, or programs as opposed to a project action which deals with a specific project. III. NATURE OF APPEAL The Kent Planning Department received on January 4, 1988 , an _ appeal and on January 5, 1988 , an addendum to the original appeal of the DNS issued for the initial zoning of the LeBlanc annexation area. The appeal submitted by Dennis Dague and Warren Tuttle addresses several issues relating to the SEPA review and the development of the LeBlanc Gardens area. Also submitted with the appeal was a petition with several signatures of persons concerned about the development of the LeBlanc Gardens site. These signatures have not been verified, but a review of the addresses indicate that the petitioners are both City and County residents in the vicinity. The following is a discussion of the issues raised in the SEPA appeal and Planning Department comment on each issue. 2 Staff Report LeBlanc SEPA Appeal #AP-88-1 1. Appellants request that none of the LeBlanc Annexation area be zoned for multifamily development. Planning Department Comment This issue raised by the appellants is not related to the SEPA process and should be addressed during the initial zoning hearing process. The SEPA Ordinance #2494 adopted by the City allows for procedural appeals (Section 12. 12 A. 520.A2a1) of the SEPA process. This issue does not appear to be related to procedural matters. 2. The appellants request that a Traffic Impact Study be completed for City, SEPA, plus public review prior to issuance of a Determination of Nonsignificance. Planning Department Comment The initial zoning is considered a nonproject action under SEPA. Requiring a traffic study at this point in time would be premature. The appropriate time to require this sort of information would be when an environmental checklist is submitted for a site specific plan for a development on the property in question. This will allow for the most accurate evaluation of the traffic impacts as they relate to a specific development. A complete and thorough assessment of both pedestrian and vehicular traffic needs is not only inappropriate at the nonproject stage, but also impossible without specific plans. 3 . The appellants request that a Tree and Vegetation Plan be submitted for City, SEPA and public review for the LeBlanc Gardens area. Planning Department Comment Prior to recommending the initial zoning, the Kent Planning Department required that a conceptual site plan for the proposed condominium project be submitted addressing the preservation of trees and vegetation. That plan was submitted and displayed at the public hearing held on December 16, 1987 . As mentioned earlier, since the initial zoning of the property is a nonproject action under SEPA, it is not appropriate to require a site specific tree plan to review as part of the SEPA process. The City staff does recognize the importance of preservation of some of the significant trees on the site because of their age and species. The Zoning Code contains regulations governing the preservation of trees. In order to strengthen the Ordinance in this situation, the DNS issued for this initial zoning did contain a condition that a tree plan must be submitted prior to development of the LeBlanc Gardens property. This plan must maximize the preservation of significant trees. The tree 3 Staff Report LeBlanc SEPA Appeal #AP-88-1 preservation issue would be addressed again during the SEPA review for a specific project and during the development plan review process. 4. The appellants request written plans showing how and when environmental impacts will be mitigated and how mitigation measures will be financed. Planning Department Comment Again, this request is premature. At such time as an environmental checklist is submitted for a site specific development plan, the impacts can be identified and mitigation measures established for the identified impacts. 5. The appellants request that an Environmental Impact Study be completed for the proposed condominiums. Planning Department Comment Assuming the appellants are referring to requiring an Environment Impact Statement (EIS) , this would not be the proper time to require an EIS for a conceptual project. The initial zoning proposed by the City staff is in conformance with the City's East Hill Subarea Comprehensive Land Use Plan. When a checklist is submitted for the condominiums, the environmental issues of that checklist will be reviewed and a determination will be made on the probable impacts of the project at that time. If it is determined that there are significant adverse environmental impacts which cannot be mitigated, an EIS will be required. KENT PLANNING DEPARTMENT January 25, 1988 4 CITY OF I ENT .KL•,H Planning : . ST � ! Y •b 222ND ST o 3E 222ND rT SE '223RD 7 B it si 515 W x N y M 2 W Z u ^T [ ., SE 224TH ^ ST 18F 17 40%[ SE'x�aT„ ,N, ` aJi SE E" 22PRD STH <224TN SE 225TH ---bbb 3E y1 m lu w < i E STH u c �' L/M/ SE 2asTH - < i SE 226TH ST a m ` \•\ ^< +TWA + w S WW x G .S.", > f v S 9 22BTH e iN SE uu ST 1 227TH 3T o< .� N � 3E 220T2STN ST SE 225TH I 14 I SE 229TN a� foe SE ST x N J 29THt I pL ST J < I (P"1) (") N i OS4+ y e4' SE 230 H ST tx- SE 231ST •\ x SE1 '�a fly SE 23IST PARK RCHA o S 23IST ST t- �� �•t' W 1CLC NTARY (Pvl) ST xN ■ 3 232N0 ST < .. PL.H �` Jf 232ND ST oW SCH L . ST ,( 3 232N0 SE 232ND ST w yE �< E232N0 ' •( ST SE 232N0 K 2]2ND 4t y w k. [;•: a f7`'T1�yE 233R0 A( P ._ ` � r��,INnTP ♦OS f V Sl q V !a ^ N '�. a• ny = sTH'"= 'o M1�� r- se 235 TH 231 S 236TH N P qi� SE 235TH ST AY 3T flat (Pvt) W O 2 e H SE 236TH pL u'e W014r q > a 11k. �'� SE 237TH ST >�^ < Y p6 < r[OQ NPS[fVO� A IN,..1. ` •\ x A �•� . " ` N cPvl) m I.E 23BTH m nt^ ._ r�T•-, W (Pvl) SE 239TH \ ST ST 8 D N It P S a ,18 17 ' r q t SE orH Sr. PlOOu EAST HILL 3 2415T ST rN ELEMENTARY Z ; SCHOOL S 242NOQ ST N . S 243RD ST G N < H N q I SE 244TH > S ST O W > p w N > < O 1 q N Fx• W S 246TH PL x 2 N W a k < d i4STH ST dE N 248TH " ST 2 '4 tt� W APPLICATION LeBlanc SEPA Appeal LEGEND : NUMBER-4AP-88-1 DATE--February 3, 1988, application silo 2= REQUEST--SEPA Appeal VICINTY MAP city limits -- — --- Scale== 1":1,000' � . 1 CITY OF KENT planning: 0 - Li 0- 232 10 1pp7 rt r . ,.� f �0f� a °I o _,,• L1 y4. � ❑ o� ! rf d fl i E ♦q � J u_ r'J�ry1\l ' S.E. 233TN 3T. C: ('� f .'r 00 L• .\ n APPLICATION NAME LeBlanc SEPA Appeal LEGEND° NUMBER--AAP-88-1 DATE--February 3, 1988 application site I REQUEST--SEPA Appeal toning houndary� TOPO/ZONING City Ilmil$ Scale = 111:2001 CITY OF KENT OFFICE OF THE LAND USE HEARING EXAMINER IN RE THE MATTER OF ) ORDER EXTENDING TIME LEBLANC SEPA APPEAL ) #AP-88-1 ) AND ) ) LEBLANC ANNEXATION ) #AZ-87-5 ) THIS MATTER having come on regularly for public hearing before the undersigned Hearing Examiner on February 3 , 1988 and December 16, 1987, respectively and the undersigned, having reviewed the record and file herein and deeming herself fully advised, it is now, HEREBY, ORDERED that the time for consideration of this SEPA appeal and annexation request shall be extended and the undersigned shall issue a written decision and recommendation, respectively, concerning the same ' on or before February 24, 1988. This extension is pursuant to the authority granted the undersigned in City of Kent Ordinance #2233 . Dated this 17th day of February, 1988. 4DANE ANDERBEEK Hearing Examiner CITY OF KENT OFFICE OF THE LAND USE HEARING EXAMINER IN RE ) ORDER REVISING LEBLANC ANNEXATION ) CONDITIONS #AZ-87-5 ) THIS MATTER having come on regularly for public hearing before the undersigned Hearing Examiner on December 16, 1987, and the undersigned having received the request for reconsideration in a timely manner, having reviewed the record and the file herein, and deeming herself fully advised, it is now, HEREBY, ORDERED that the condition requested is reasonable and attached herewith as though set forth in full is the revised Findings and Recommendation of the undersigned showing the added condition as underlined. Dated this 23rd day of March, 1988 . D ANE L. VANDERBEEK Hearing Examiner - FINDINGS AND RECOMMENDATION OF THE HEARING EXAMINER FOR THE CITY OF KENT FILE NO: LEBLANC ANNEXATION #AZ-87-5 APPLICANT: CITY OF KENT PLANNING DEPARTMENT REQUEST: A request to set the initial zoning on approximately 15 acres of land. LOCATION: The property is located south of SE 232nd Street, east of 112th Avenue SE. APPLICATION FILED: June 15, 1987 DEC. OF NONSIGNIFICANCE: December 11, 1987 HEARING DATE: December 16, 1987 RECOMMENDATION ISSUED: February 24 , 1988 March 23 1988 revised conditions RECOMMENDATION: Recommended zoning for the LeBlanc Gardens area is MRG, Garden Density Multifamily Residential, 12 units per acre. The recommended zoning for the -remainder of the site is R1-9. 6, Single Family Residential, minimum lot size of 9 , 600 square feet. STAFF REPRESENTATIVES: Kathy McClung, Planning Department Greg McCormick, Planning Department Ken Morris, Public Works Department PUBLIC TESTIMONY: Bill Kreager Robert Thomas Carl Ricketts Monte Marchetti Jeff Garrett Ernest Stowe WRITTEN TESTIMONY: Carl Ricketts R. M. Thomas Judith M. Redding Jeff & Shirley Garrett INTRODUCTION 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 recommendation of the Hearing Examiner on this application. „� 1 Findings and Recommendation LeBlanc Annexation #AZ-87-5 FINDINGS OF FACT 1. The City of Kent Planning Department requests the undersigned to recommend initial zoning on approximately fifteen acres of land which was annexed to the City of Kent in June 1987 . 2 . The subject site is approximately 15 acres in size and is located south of SE 232nd Street and east of 112th Avenue SE. 3 . The site is currently zoned R1-20, Single Family Residential. This is an interim zoning designation assigned to all newly annexed land until such time as the Hearing Examiner and City Council establish initial zoning for newly annexed areas. 4 . The Planning staff is recommending that the area known as LeBlanc Gardens which is approximately 5.85 acres in size be zoned MRG, Garden Density Multifamily Residential, with a maximum density of 12 units per acre. The remainder of the annexation area, or 9 . 15 acres, is recommended to be zoned R1-9 . 6, Single Family Residential. 5. The East Hill Plan Map designates the LeBlanc Gardens area as, MF 12 , Multifamily 7-12 units per acre. The remainder of the annexation area is designated as SF 6, Single Family Residential, 4-6 units per acre. 6. The southern portion of the subject site is known as LeBlanc Gardens. The evidence establishes that the LeBlanc family has owned the subject property for over 40 years. This site was developed as botanical gardens over 45 years ago when several grooves of trees unique to the Puget Sound region were planted here. Accordingly, since the site has gained national attention for its garden and landscaping, the limitation of residential density on the site would make it possible to preserve as many of the unique botanical features of the site as possible. 7 . The northern portion of the site is single family residential on large lots with the exception of the northern most parcel which is developed as a church. 8. Prior to the annexation the subject site was zoned SR 7200 in King County. This is a density of six units per acre maximum with actual density depending upon the availability of such services as water, sewer, paved streets and sidewalks that are available or could be provided to the subject site. 9 . At the time of the public hearing, numerous residents from the vicinity appeared to express concern with respect to the uses which would be permitted on the newly annexed land. 2 Findings and Recommendation LeBlanc Annexation #AZ-87-5 10. Concerns were expressed with respect to tree preservation, pedestrian safety, inadequacy of 112th Street for additional traffic and pedestrian safety, and the need to protect single family neighborhoods from encroachment by more multiple family development. 11. Additionally, concern was expressed with respect to the safety of children who frequently walk to and from the adjacent elementary school and are enrolled in the day care at 240th and 112th Street. 12 . Further, the residents expressed concern with respect to the affect which building will have upon the old tree root systems which might be weakened by buildings being placed immediately adjacent to them. 13 . With respect to adjacent land uses the evidence establishes that Park Orchard subdivision, located in King County, lies to the west of the site. The Park Orchard area is zoned SR 7200 and lots in the development range from 7 , 200 to 7, 500 square feet. This neighborhood currently has a density of approximately six units per acre. To the northeast of the site the Eastridge subdivision exists with a density similar to that of Park Orchard. Land to the south has been developed with multifamily uses including Kings Place and Kenton Ridge apartments. These areas are developed at a density of approximately 20 units per acre. Commercial uses exist to the south and west of the property. There is a commercial area at the intersection of 104th Avenue SE and SE 240th Street. 14 . Although the residents who live in the vicinity expressed some concern with respect to storm water runoff, Planning staff indicates that there are no apparent flood control problems on the site. 15. The subject property is bordered on three sides by predominantly single-family residential uses. In addition, 112th Avenue SE to the west of the subject site is classified as a residential collector. Development on the subject site will generate considerable traffic. Traffic impacts associated with future development on the site will need to be exactly determined and mitigated once the applicant submits a final site plan. 16. The staff report, with its recommendation that the LeBlanc Gardens area be designated MRG, Garden Density Multifamily Residential, with the remainder of the annexation area be designated R1-9. 6, Single Family Residential, is incorporated herein by reference as though set forth in full. µ 3 Findings and Recommendation LeBlanc Annexation #AZ-87-5 CONCLUSIONS 1. The City of Kent Zoning Code gives the undersigned no discretion with respect to recommendation for zoning on newly annexed land. Specifically, Kent Zoning Code Section 15. 09.055 D indicates "the decision of the Hearing Examiner shall be limited to recommending initial zoning designations which are consistent with the current Comprehensive Plan" . 2 . For reasons which are entirely unclear to the undersigned, the Comprehensive Plan and the East Hill subarea Plan were amended in April 1985 to designate portions of the subject property from single family, 4-6 units per acre, to multifamily, 7-12 units per acre. 3 . Considering the proximity of single family uses on three sides of the subject site, it is difficult to ascertain why the currently existing Comprehensive Plan designates portions of the site as multifamily. 4 . However, given the total absence of discretion granted the undersigned in annexation hearings, I am mandated to recommend initial zoning consistent with the currently existing Comprehensive Plan. RECOMMENDATION For each of the above reasons, the recommendation of the Hearing Examiner for initial zoning on the LeBlanc Annexation area is that the LeBlanc Gardens area be designated MRG, Garden Density Multifamily, 12 units per acre. The remainder of the annexation area should be designated R1-9. 6, Single Family Residential, with a minimum lot size of 9, 600 square feet with the following condition: 1. If the applicant makes a significant change to the conceptual site plan, the initial zoning designation on the newly annexed land should be brought back to the Hearing Examiner for review. For purposes of this condition, a significant change include, but shall not limited to: a. A landscape buffer of less than 30 feet, b. Different size or configuration of buildings on the site, and, or C. Different percentage of site coverage. 2 . The owners of property adjacent to 112th Avenue SE shall deed to the City of Kent sufficient property for street purposes such that 30 feet of right of way exists as measured from the 4 Findings and Recommendation LeBlanc Annexation #AZ-87-5 north/south centerline of the southeast quarter of Section 17 , Township 22 Range 5 W.M. Dated this 23rd day of March, 1988. D*NEANDERBEEK, 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. See ordinance #2233 and Resolution #896 for specific information. 5 vim CITY OF ��� _1 March 9 , 1988 r I �IN CTy�I Ms. Diane L. VanDerbeek Suite 312 Key Bank Building 10655 NE Fourth Street Bellevue, WA 98004 RE: LeBlanc Annexation #AZ-87-5 Request for Reconsideration Dear Ms. VanDerbeek: In your Findings and Recommendation for the LeBlanc Annexation Zoning #AZ-87-51 the following condition was not included. This was a condition the staff had recommended as part of an addendum to the staff report: The owners of property adjacent to 112th Avenue SE shall deed to the City of Kent, sufficient property for street purposes such that 30 feet of right of way exists as measured from the north/south centerline of the southeast quarter of Section 17 , Township 22 , Range 5 W.M. Please reconsider this condition and add it to your Findings. Sincerely, MCU Kathy McClung Senior Planner KM:ch cc: Public Works Department •. ,: I FINDINGS AND RECOMMENDATION OF THE HEARING EXAMINER FOR THE CITY OF KENT FILE NO: LEBLANC ANNEXATION #AZ-87-5 APPLICANT: CITY OF KENT PLANNING DEPARTMENT REQUEST: A request to set the initial zoning on approximately 15 acres of land. LOCATION: The property is located south of SE 232nd Street, east of 112th Avenue SE. APPLICATION FILED: June 15, 1987 DEC. OF NONSIGNIFICANCE: December 11, 1987 HEARING DATE: December 16, 1987 RECOMMENDATION ISSUED: February 17, 1988 RECOMMENDATION: Recommended zoning for the LeBlanc Gardens area is MRG, Garden Density Multifamily Residential, 12 units per acre. The recommended zoning for the remainder of the site is R1-9 . 6, Single Family Residential, minimum lot size of 9, 600 square feet. STAFF REPRESENTATIVES: Kathy McClung, Planning Department Greg McCormick, Planning Department Ken Morris, Public Works Department PUBLIC TESTIMONY: Bill Kreager Robert Thomas Carl Ricketts Monte Marchetti Jeff Garrett Ernest Stowe WRITTEN TESTIMONY: Carl Ricketts R. M. Thomas Judith M. Redding Jeff & Shirley Garrett INTRODUCTION 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 recommendation of the Hearing Examiner on this application. 1 Findings and Recommendation LeBlanc Annexation #AZ-87-5 FINDINGS OF FACT 1. The City of Kent Planning Department requests the undersigned to recommend initial zoning on approximately fifteen acres of land which was annexed to the City of Kent in June 1987. 2 . The subject site is approximately 15 acres in size and is located south of SE 232nd Street and east of 112th Avenue SE. 3 . The site is currently zoned R1-20, Single Family Residential. This is an interim zoning designation assigned to all newly annexed land until such time as the Hearing Examiner and City Council establish initial zoning for newly annexed areas. 4 . The Planning staff is recommending that the area known as LeBlanc Gardens which is approximately 5. 85 acres in size be zoned MRG, Garden Density Multifamily Residential, with a maximum density of 12 units per acre. The remainder of the annexation area, or 9 . 15 acres, is recommended to be zoned R1-9 . 6, Single Family Residential. 5. The East Hill Plan Map designates the LeBlanc Gardens area as MF 12 , Multifamily 7-12 units per acre. The remainder, of the annexation area is designated as SF 6, Single Family Residential, 4-6 units per acre. 6. The southern portion of the subject site is known as LeBlanc Gardens. The evidence establishes that the LeBlanc family has owned the subject property for over 40 years. This site was developed as botanical gardens over 45 years ago when several grooves of trees unique to the Puget Sound region were planted here. Accordingly, since the site has gained national attention for its garden and landscaping, the limitation of residential density on the site would make it possible to preserve as many of the unique botanical features of the site as possible. 7 . The northern portion of the site is single family residential on large lots with the exception of the northern most parcel which is developed as a church. 8 . Prior to the annexation the subject site was zoned SR 7200 in King County. This is a density of six units per acre maximum with actual density depending upon the availability of such services as water, sewer, paved streets and sidewalks that are available or could be provided to the subject site. 9 . At the time of the public hearing, numerous residents from the vicinity appeared to express concern with respect to the uses which would be permitted on the newly annexed land. 2 Findings and Recommendation LeBlanc Annexation #AZ-87-5 , 10. Concerns were expressed with respect to tree preservation, pedestrian safety, inadequacy of 112th Street for additional traffic and pedestrian safety, and the need to protect single family neighborhoods from encroachment by more multiple family development. 11. Additionally, concern was expressed with respect to the safety of children who frequently walk to and from the adjacent elementary school and are enrolled in the day care at 240th and 112th Street. 12 . Further, the residents expressed concern with respect to the affect which building will have upon the old tree root systems which might be weakened by buildings being placed immediately adjacent to them. 13 . With respect to adjacent land uses the evidence establishes that Park Orchard subdivision, located in King County, lies to the west of the site. The Park Orchard area is zoned SR 7200 and lots in the development range from 7, 200 to 7, 500 square feet. This neighborhood currently has a density of approximately six units per acre. To the northeast of the site the Eastridge subdivision exists with a density similar to that of Park Orchard. Land to the south has been developed with multifamily uses including Kings Place and Kenton Ridge apartments. These areas are developed at a density of approximately 20 units per acre. Commercial uses exist to the south and west of the property. There is a commercial area at the intersection of 104th Avenue SE and SE 240th Street. 14 . Although the residents who live in the vicinity expressed some concern with respect to storm water runoff, Planning staff indicates that there are no apparent flood control problems on the site. 15. The subject property is bordered on three sides by predominantly single-family residential uses. In addition, 112th Avenue SE to the west of the subject site is classified as a residential collector. Development on the subject site will generate considerable traffic. Traffic impacts associated with future development on the site will need to be exactly determined and mitigated once the applicant submits a final site plan. 16. The staff report, with its recommendation that the LeBlanc Gardens area be designated MRG, Garden Density Multifamily Residential, with the remainder of the annexation area be designated R1-9. 6, Single Family Residential, is incorporated herein by reference as though set forth in full. 3 Findings and Recommendation LeBlanc Annexation #AZ-87-5 CONCLUSIONS 1. The City of Kent Zoning Code gives the undersigned no discretion with respect to recommendation for zoning on newly annexed land. Specifically, Kent Zoning Code Section 15.09 .055 D indicates "the decision of the Hearing Exaipiper shall be limited to recommending initial zoning designations which are consistent with the current Comprehensive Plan" . 2 . For reasons which are entirely unclear to the undersigned, the Comprehensive Plan and the East Hill subarea, Plan were amended in April 1985 to designate portions of the subject property from single family, 4-6 units per acre, to multifamily, 7-12 units per acre. 3 . Considering the proximity of single family uses on three sides of the subject site, it is difficult to ascertain why the currently existing Comprehensive Plan designates portions of the site as multifamily. 4 . However, given the total absence of discretion granted the undersigned in annexation hearings, I am mandated to recommend initial zoning consistent with the currently existing Comprehensive Plan. RECOMMENDATION For each of the above reasons, the recommendation of the Hearing Examiner for initial zoning on the LeBlanc Annexation area is that the LeBlanc Gardens area be designated MRG, Garden Density Multifamily, 12 units per acre. The remainder of the annexation area should be designated R1-9 . 6, Single Family Residential, with a minimum lot size of 9 , 600 square feet with the following condition: 1. If the applicant makes a significant change to the conceptual site plan, the initial zoning designation on the newly annexed land should be brought back to the Hearing Examiner for review. For purposes of this condition, a significant change include, but shall not limited to: a. A landscape buffer of less than 30 feet, b. Different size or configuration of buildings on the site, and, or C. Different percentage of site coverage. 4 Findings and Recommendation LeBlanc Annexation #AZ-87-5 Dated this 24th day of February, 1988. DIANE 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. See Ordinance #2233 and Resolution #896 for specific information. 5 . ... 01 CITY OF KENT planni ng U I I ~>s h o0 y Single Family - 4 1 8 , 0 4 C�j - LeBlanc Property 9 �.T. C] a 0 ��1 _ Kent City Limits C3 �] Single �o -Family Multifamily \ (^ w c _ a WS, t . �lu EMI o Ut 1 0 1 � s'�• !T� S.E. 240th Street L -.trl APPLICATION Name LE BLANC GARDENS LEGEND: Number Date 12/18 84 application site Request COMPREHENSIVE PLAN CHANGE zoning boundary w,uw• city limns SCALE = 1 N:200 CITY OF KENT planning . .` S c rb �O a ,.yQ o O `'......�`r E7, R1; 60 l i FAWV I < �76 7/\ �r��1"" n JO S.E. 23' V�V 7 l-•vat.' '. � ;• ot�Iia � o y .. p o U V • J y _ S.E. 23 STH 3T. l d MRG Gar e De sit / L Dc` s C cl f ) 233T1 L" v c= y� � I 1 H I� D f 1 Y .L z } HEARING EXAMINER 'S RECOMMENDAT APPLICATION Namo__ re a AN(' LEGEND : Number Az-R7.3 Dale —71/4/R7 application site i PORUast ANNFXAl ON ZONING zoning boundary =-- TOPO/ZONING City limits "" SCALE = I°:zoo' CITY OF KENT OFFICE OF THE LAND USE HEARING EXAMINER IN RE THE MATTER OF ) LEBLANC ANNEXATION ) ORDER EXTENDING TIME _... ) e #AZ-87-5 ) THIS MATTER having come on regularly for public hearing before the undersigned Hearing Examiner on December 16, 1987 with the public hearing held open for further information until December 23, 1987 . FURTHER, on January 5, 1988, a Request for Appeal on the SEPA Determination of Nonsignificance issued December 11, 1987 , was filed and the undersigned having reviewed the record and file herein and deeming herself fully advised, it is now, HEREBY, ORDERED that the time for consideration of this initial zoning request shall be extended and the undersigned shall issue a written recommendation concerning the same on or before February 17, 1988 . This extension is issued pursuant to the authority granted the undersigned in City of Kent Ordinance #2233 . Dated this 6th day of January, 1988 . DIANE L. VANDERBEEK HEARING EXAMINER HEARING EXAMINER MINUTES December 16, 1987 The public hearing of the Kent Hearing Examiner was called to order by the presiding officer, Diane L. VanDerbeek, Hearing Examiner, on Wednesday, December 16, 1987 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 tq 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. The December 16, 1987 synopsis minutes for Goodwin Professional Center ICE-87-6 are separate from the following verbatim minutes for LeBlanc Annexation #AZ-87-5. LEBLANC ANNEXATION #AZ-87-5 The following correspondence was received: Carl Ricketts (two letters) , R. M. Thomas (map attached) , Jeff and Shirley Garrett, and Judith Redding. _ (Tape 2) Grecr McCormick: Greg McCormick, city Planning Staff. The LeBlanc Annexation was passed in June 1987 under Ordinance 2727 and is composed of approximately 15 acres. Staff recommends that the area known as LeBlanc Gardens, which is approximately 5. 85 acres in size, to be zoned MRG, Garden Density Multifamily Residential, with a maximum density of 12 units per acre. The remainder of the annexation area or--which comprises 9. 15 acres is recommended to be zoned R1-9. 6, Single Family Residential. Currently, this land is under an interim zoning designation of R1-20, Single Family Residential, with minimum lot size of 20, 000 square feet. The interim zoning is in effect until the Hearing Examiner and City Council hold the required public hearings and establishes the initial zoning for the newly annexed area. The LeBlanc Annexation area is located south of 232nd Street and east of 112th Avenue SE. The property is approximately 15 acres in size. Zoning in the area includes, to the south of the site, MRM, Medium Density Multifamily Residential, with a 23-unit per acre density and to the east across 112th is R1-7 .2, Single Family Residential. The northern most area of this site is developed with a Church and central area of the site is developed with single family residential on large lots and the southern area has some single family dwellings and the most of the area is in a botanical garden. The LeBlanc family developed this site as a botanical 1 Hearing Examiner Verbatim Minutes LeBlanc Annexation #AZ-87-5 , garden in the early 19401s. The site has several species of trees which are unique to the Puget Sound region. In addition to the unique trees several native shrubs and flowers have been planted making the site a special, natural area worthy of preservation. This particular area--this particular site was featured in a story done by Sunset Magazine giving the LeBlanc Gardens national exposure. A preliminary site plan submitted on December 4 by the applicant for the LeBlanc Garden area addresses the conservation of the unique vegetation that exists on the site and we posted that on the board over here. It's proposed to be a seventy-unit condominium complex and the trees that are identified on here are unique in most cases, Copper Beech, Black Pine, Spruce, Spanish Fir, several Sequoia Redwoods, White and Red Maple and Magnolias and some other species that are unique. Staff feels that the MRG, Garden Density Multifamily with a maximum of 12 units per acre, would allow greater flexibility in site planning which would result in a larger amount of vegetation to be preserved on the site. It is understood that the preliminary site plan was submitted and is conceptual at this stage. However, staff recommends that if there is substantial change in the preliminary site plan that has been filed with the Planning Department that plan should be reviewed and brought back before the Hearing Examiner. This particular area is a mixture of _. multifamily and single family residential with some community facilities in the form of a church on the north portion, up in this area, I believe that is the footprint for it, and on the north side of 232nd is Park Orchard Elementary School. Land uses to the east of the site is generally single family residential, small subdivision that enters onto 212th at this point which is to the northern end of the LeBlanc Garden site and east of, excuse me, west of the site is the Park Orchard Subdivision and Eastridge Subdivision to the northeast. These areas provide a majority of single family development in the area. In addition there are a number of smaller plats and large lots that have been developed for single family residential use in the area. Land uses to the south of this site have been developed with multifamily uses including Kings Place and Kenton Ridge apartments which are " developed at a density of approximately 20 units per acre. The core of the commercial area exists at the intersection of 104th and 240th Street which lies southwest of this site. At this time - I would like to show a short video of the annexation area. The video was shown. As was earlier noted, the LeBlanc Gardens area is noted for its unique and significant vegetation. The area has been developed as a botanical garden which includes several species of trees that are unique to this region including Catalpa trees, Sequoia 2 Hearing Examiner Verbatim Minutes LeBlanc Annexation #AZ-87-5 Redwoods, Norway and Colorado Blue Spruce, Spanish Fir, Copper Beech, White and Red Oak, Japanese Larch, Magnolia and Japanese _ Black Pine. Parcels to the north of the evergreen area, I have some native evergreen and deciduous trees. The initial zoning was reviewed under the State Environmental Policy Act and a mitigated pN$, Declaration of Nonsignificance was issued on December 11, 1987 for the proposed zoning. The Comprehensive Plan which was adopted by the City in 1969 addresses a broad range of land use regulations. From the comments received from the various City departments, the Comprehensive Plan as well as the East Hill Plan, will be reviewed as it pertains to this annexation zoning request. Under the City-wide Comprehensive Plan, the Natural Environment/Open Space Element, the Overall Goal being to ensure the preservation of land for a variety of open space uses within the City of Kent. Goal 1 is to encourage open space throughout the City. Objective 2 under that goal is to encourage private development of open space and Policy 2 under that is to promote the incorporation of open space/natural elements on existing developments. The area on the southern portion of the annexation area known as LeBlanc Gardens, I believe, will be the area that's going to be recommended as zoned MRG, 12 units per acre, has been developed for several years and has been recognized nationally for its unique and significant vegetation. The northern part of the annexation site is recommended to be zoned as R1-9 . 6, Single Family Residential, which requires a 9, 600 square foot single family residential lots. The MRG designation is to act as a transition area between the higher density residential to the south and the single family residential to the north and to the east of the site. - Diane VanDerbeek: Excuse me, is the area that you are recommending MRG, does that follow the same line as on the East Hill Plan Map where it's recommended Multiple Family, 4 . . . McCormick: Yes, it follows. . . Diane VanDerbeek: Also, I think there is, isn't there a typographical error in the staff report that references the development to the south of the site as having 201 units per acre, that's Manhattan. McCormick: Yes, that should be 20 units per acre. The area known as LeBlanc Gardens is approximately this area here, in here, and the area north of that would be the area recommended MRG, excuse me, R1-9.6 and that's essentially the same, referring to the East Hill Comp Plan Map. It's the same area under the Comprehensive Plan that is designated Multifamily MF 12 which is Multifamily 7- 12 units per acre. Under the East Hill Comprehensive Plan the 3 Hearing Examiner Verbatim Minutes LeBlanc Annexation #AZ-87-5 Human Environment Element the Overall Goal being to enhance, through good design, aesthetic qualities of the natural and manmade environment to promote the health, safety and welfare of the community. Goal 2 being to. . .development that will preserve, maintain and enhance East Hill's natural and manmade environments. Objective 1, preserve those natural features which_ contribute to the aesthetic quality and Yufral feeling that exists on the East Hill i.e. streams, lakes, significant views, tall evergreen trees, woodlands and pastures. Policy 1, consideration shall be given to the integration and natural features such as streams, lakes, views, woodlands and pastures into the design of residential and commercial development. The recommended zoning designation for the southern area of the annexation area would allow a clustering of dwelling units on the site. This would encourage innovative site plans and integrate as many of the grooves of trees into future development as possible and, as noted on the site plan, many of the significant trees under that plan have been preserved. This area would also act as a buffer between high density multifamily developments to the south which range, are in the 20- unit per acre range to the large lot, single family residential areas to the northeast and northwest of the project. The subject site is bordered to the east by 112th Avenue SE which is classified as a residential collector. The preliminary site plan does not contemplate the extension of 236th and with this development that is being proposed, that would not, the extension of 236th would not be necessary. The Planning Department has reviewed this proposed zoning in relation to the Comprehensive Plan, current zoning, land use, street system, flood control problems and comments from other departments and agencies and finds that the Comprehensive Plan designates the LeBlanc Gardens area as MF-12, Multifamily 7-12 units per acre. The remainder of the property in the annexation area is designated as SF-6, Single Family Residential, it should be 4-6 units per acre. The property is currently under an interim zoning designation of R1-20, Single Family Residential which will remain in effect until such time that the City Council passes the initial zoning for the property. Land uses adjacent to the annexation area include to the south, multifamily residential at approximately 20 units per acre. North, single family residential on large lots. Further north is the Park Orchard Elementary School and a church. To the west, single family residential and to the east, single family residential with some vacant land. The City has recently adopted amendments to the Zoning Code which includes standards and criteria to be used by the Hearing Examiner and City Council to evaluate a request for rezone and that's covered under Section 15. 09 . 050 A3 of the Kent Zoning Code. Staff feels that it is appropriate to use these criteria also when establishing the initial zoning for newly annexed land. The 4 Hearing Examiner Verbatim Minutes LeBlanc Annexation #AZ-87-5 , initial zoning should only be established if the City Council and Hearing Examiner feel that the zoning is consistent with the following standards and criteria: 1. The proposed zoning is consistent with the Comprehensive Plan. 2. The proposed zoning and( subsequent development of the site would be compatible with development in the vicinity. 3 . The proposed zoning will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. 4 . Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed zoning. 5. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. The Planning staff has reviewed the proposed zoning in light of these criteria and finds that: 1. The Comprehensive Plan designates LeBlanc Garden area as MF- 12 , Multifamily Residential 7-12 units per acre. The remainder of the area is designated SF-6, Single Family Residential, 4-6 units per acre. The recommended zoning would be consistent with the Comprehensive Plan. The lid of, generally or normally under MRG zoning you are allowed a density of 16 units per acre. However., to keep in, in keeping with the Comprehensive Plan, staff recommends that be limited to 12 units acre. The single family designation to the north is R1-9 . 6 which works out to be roughly four units per acre which is also consistent with the Comprehensive Plan designation for the area. The annexation area, as I mentioned before, is bordered on the south by multifamily on the north, east and west by predominantly single family and the recommended MRG zone would act as a transition from the higher density which I believe is or which the MRM allows 23 units per acre but these developments have been developed at approximately 20 units per acre. It would act as a transition area from that density to the lower density single family to the north. The annexation area is bordered on the west, on the east by 112th Avenue which is classified as a residential collector. The necessity of street improvements will be determined at the time of environmental and development plan review, once the permit process is entered into by the developer of the property. It is anticipated by 5 Hearing Examiner Verbatim Minutes LeBlanc Annexation #AZ-87-5 staff that all of the traffic impacts will be able to be mitigated. This area was zoned SR, Suburban Residential, under King County prior to annexation. Staff 's position is that if the MRG designation is given to the LeBlanc Gardens area, the increased flexibility in .site design will result in a greater number of the unique species of trees being saved on the site. The zoning recommended for the balance of the area is comparable to the King County designation prior to annexation. And, finally, the recommended zoning would not appear to adversely affect the health, safety or general welfare of the citizens of Kent. The City staff recommendation is that LeBlanc Gardens area be designated MRG, Garden Density Multifamily Residential with 12 units per acre maximum density and the remainder of the annexation area be designated R1-9.6, Single Family Residential, with a minimum lot size of 9, 600 square feet. During the course of the environmental review for this annexation zoning some additional comments were received from the Kent Public Works Department concerning the transportation system in the area of the LeBlanc annexation. The Public Works Department is recommending that the following condition be applied to the approval of the initial zoning of the property. That prior to or in conjunction with the development of the property in accordance with the herein established zoning designation, the owners of property adjacent to 112th Avenue SE shall deed to the City of Kent sufficient property for street purposes such that 30 feet of right of way exists as measured from the north/south centerline of the southeast quarter of Section 17, T 22 N, R 5 E. , W.M. Can I answer any questions at this time. VanDerbeek: What, what's the amount of lot size permitted under the former County zoning, SR, Suburban Residential? Isn't it 12 , 000 square feet. McCormick: The answer that I got from the person I talked to at the County was that it depends on what's happening there now and I 'm not really sure what that meant but I asked that question and that was the response I got. I was under the impression that was around 10, 000 square feet but I didn't get that answer. VanDerbeek: You mean that if someone wants to do a development in King County on, if someone wants to do a subdivision on SR zoned land, a developer, and they walk into the County and say I have a piece that's this size, how many lots can I make, the people at King County are going to say, it depends on what's happening there now. 6 Hearing Examiner Verbatim Minutes LeBlanc Annexation #AZ-87-5 McCormick: Well, I'm under the impression that they have a pretty flexible zoning ordinance and they have a lot of sub, they have a lot of classifications that in certain situations you can develop say, a site to a higher density than would normally be allowed under that general zoning designation but I 'm not real familiar with King County code. VanDerbeek: Well, I think that type of flexibility is for some sort of plan, what's called a planned unit development but there must be a minimum lot size. McCormick: Well, I asked the question and that was the response I got from the person I talked to at the County. VanDerbeek: Do you think you could possibly find that out. McCormick: Sure, I could check into it again and see if I can't get a better answer than that. VanDerbeek: All right. And the other question I had was with respect to the area designated that you are recommending for multiple family zoning, MRG with, yeah, MRG, you are recommending that there be a limitation of 12 units per acre which is the maximum density recommended by the East Hill Plan. Why in the area to be recommended single family residential are you recommending at the low end of the density scale as recommended by the East Hill Plan in other words four units per acre and then on the multiple family area why are you recommending the developer be permitted to have the maximum units, number of multiple family units. McCormick: Well, under the MRG zone, just the straight MRG zone you are allowed 16 units per units so actually you are reducing the net density under that zoning district by four units per acre. We do not have a zoning designation that exactly matches the Comprehensive Plan designations so that's why we went with a MRG with 12 units per acre which also offers a good transition between the 20 units per acre to the south and the larger lot residential to the north. VanDerbeek: Oh, but in other cases, in other cases where staff has recommending that multiple family zoning be used as a transition zone and MRG zoning designation is used there has been a previously recommended a smaller number of units per acre and I 'm thinking of that zero-lot line development, Walnut Tree or Park or something wasn't that seven units per acre. McCormick: I think it was six units per acre. MRG, six units per acre. 7 Hearing Examiner Verbatim Minutes LeBlanc Annexation #AZ-87-5 VanDerbeek: And that's essentially a development pattern which is somewhat similar to this one in that the neighborhood there on one side there was intense multiple family development and then on the other side there was single family development, so what facts are different here to justify the different density recommendation. McCormick: Well, I believe, tbat particular development was a zero lot line development and was more--would have more of a single family residential appearance with common walls for the residences this is more of a--it' s a condominium type of project and, you know, different configurations and the density recommended was felt by staff would be a compromise, not a , compromise, but would be a happy medium between what's to the south and realizing the potential for subdividing this particular piece of property into single family, should it be zoned single family and have the significant vegetation on the site probably be all but taken down if it was subdivided into single family residential lots. VanDerbeek: Well, I guess, one of the staff's justifications for recommending multiple family zoning the site is that there would be additional flexibility to cluster development to preserve more of the vegetation which exists on the site but if density were more strictly limited, wouldn't you preserve more? McCormick: That' s right you could. VanDerbeek: For example, the East Hill Plan is recommending multiple family 7 to 12 units per acre. Well, if you recommended MRG, seven units per acre then more trees would be left. McCormick: That' s correct, there would probably be more trees left. But with the design that has been submitted the major areas of significant trees have been preserved. That was a consideration that was taken into account when staff recommended the 12 units per acre was the site design that was submitted. And, the applicant has done' a good job of incorporating that vegetation into a site design and accomplished close to 12 units per acre. VanDerbeek: I guess my question is that basically the East Hill Plan for that particular LeBlanc Gardens area recommends multifamily 7 to 12 units per acre, so basically we are going 36 units over the minimum number of units recommended in the East Hill Plan for the southern portion of the site and then you want to recommend the least density possible for the northern portion of the site where the single family is recommended. I guess I don't see the, I don't understand the rationale for that recommendation. McCormick: Well, I guess, I ' ll just kind of repeat myself. Staff looked at the site design prior to recommending what the, 8 Hearing Examiner Verbatim Minutes LeBlanc Annexation #AZ-87-5 recommending the density for the zoning. The applicant was able to incorporate the majority of the vegetation which, I think, is .._ the main issues on this particular piece of property and was able to incorporate that into the site design to preserve most, if not- -I won't say all, but most of the significant trees on the site. The lots to the north run in the area of close to an acre to about " an acre and a half from what I have been able to tell from the Assessor's map and staff felt that the 9.6 zoning designation which requires 9, 600 square feet would probably be less than the size of many of the lots in the area but compatible with the lot size in say the subdivision just to the east of the subject site. VanDerbeek: Well, but, but, staff is suggesting that one thing, that it's appropriate for me to consider the same standards that considered for a rezone proposal one of which is impacts on the transportation system and so, basically, the way I see it that the density recommended on the southern portion of the site would result in 36 additional multifamily units and, you know, I can ask Mr. Morris the number of trips per day for multifamily, I can't remember it exactly but, you know, there's a conclusionary statement here that, you know, probably will be able to mitigate all the traffic impacts at the time of environmental review and plan review which is probably true but, I guess, I 'm still not seeing the justification for 12 units per acre on the southern portion of the site for that recommendation. But, you already answered by question twice and if you don't have any other comments, then I won't put you on the spot any further. Thank you. Any further testimony from staff. All right at this time I will hear from the applicant or the applicant's representative. Bill Kreacier: Madam Examiner, my name is Bill Kreager. I 'm an architect and planner with the Mithun, Bowman, Emrich Group and privileged to work on the LeBlanc Gardens site and it has been a privilege because it's been a lot of fun. It' s a wonderful site. Before I get into my plan presentation which is a brief slide presentation I would like to clarify a couple of things/questions that you have raised previously to staff. One, I was the architect/planner of record on the Walnut Park project and appeared before you in this room during the approval process. You asked the question relating the density transition at Walnut Park which is a zero lot line detached unit community and its relationship as a buffer, a transition to what was proposed by staff here. If I might turn on this and illustrate this again. What we are looking at here is the MRM zoning which is currently 23 units to the acre and I 'm told it was developed at 20 units to the acre and what we will say politely what is an existing project of bland quality. We are going transitionally between the 20 acres, these buildings and the single family area, the drop would be 20, to 12, down to 9 . 6 and that's where we're headed at this point. So we have a 20, a 12 and a 9.6 up there. At Walnut Park we were going from the Shires which is a townhouse community with 9 Hearing Examiner Verbatim Minutes LeBlanc Annexation #AZ-87-5 a density of approximately, but they are totally different from what we are proposing here at LeBlanc where they are looking at around 12 units to the acre. At Walnut Park we were doing six units to the acre as a transition to single family which were much, much larger lots than that. So we were going there 12, 6 and then I don't know what the other lots were but great big, you know, still undivided pieces of ground. So, if we had 12, 6 and big, then here we are looking at 20, 12 and 9. 6, it is the same sort of incremental, almost half the density drop. VanDerbeek: It's 20, 12, 4. See that's what I don't understand, four units per acre to the north--20, 12, 4 . ' Kreager: . O.k. , then, I won't make any statement about the 4 point but I want to relate to you what had happened at Walnut Park and how that, since you've raised that project, how that transition was made and based and ultimately approved. I would like a clarification from staff. I haven't seen on this drawing or the other documentation where exactly the line is. You were standing in front of the drawing, so we couldn't see it back here. The line between the 12 and the 4 . I 'm presuming, it appears on this map here, that the incremental jump is about like that there. We are looking at this piece which is completely LeBlanc residence and the gardens and all of that as the 12 and then from the upper portion of LeBlanc's, I 'd say their property line up is the 9. 6. Is that correct? VanDerbeek: I 'm sorry, it's entirely out of order to ask questions of staff. You can direct questions to the chair and then I can direct staff to answer that question at the time of rebuttal testimony. Kreager: O.k. , fine, that's my question to confirm where that line is actually going to be. VanDerbeek: All right. Kreager: Do we have the slides? You were going to do slides for me. Where usually are slides set up? Short discussion concerning the setup of the slides was made. A short recess was called by the Hearing Examiner. Kreager: O.k. The discussion that I 'm going to illustrate with the slides is addressing specifically on page 8 of the staff, item D which has to do with their position on the MRG designation as a tool for flexibility to allow us to maintain as many of the trees, existing trees, on the site as we can. I think items A. B, C and E were covered very, very well by staff and so I won't take the time of the Examiner to hear those. Turn on the slides. The site 10 Hearing Examiner Verbatim Minutes LeBlanc Annexation #AZ-87-5 plan for the purposes of the slides, can everyone see that, is it too light, o.k. It's also nice, this is the first opportunity, I believe, the neighbors have had a chance to see what -we are proposing to do, so it's great to have you all here and questions follow later on. For the LeBlanc Gardens site, it's 40 years. Mr. LeBlanc, who's here with us this evening, started planting the trees there some 40 years agp and the goal of the site planning and the entire philosophy is as "says here, is to increase the flexibility and site design resulting in a greater number of the unique trees to remain in the area" . The site itself has become somewhat overgrown. He's had a lot of problems with kids in the area coming in and breaking down trees, there's been a maintenance _ problem just protecting the trees from them. What we are trying to do at this point is maintain or create a site plan that will allow the maximum amount of trees in clumps to be saved. What we are proposing, if I speak from here, can I be heard on the tape. What we are proposing to do then is to run off of 112th, a looped site circulation road that will minimize the amount of vehicular access points to it. In other words we're clustering our parking within the uniclusters or villages themselves. What this does, it allows us to have a narrower road and thereby save more and more of the trees, that's sort of the goal. Everything we are doing here is to maintain the site. It is a joy as a planner to be able to attract a site of this nature with everything in place in the way of landscaping. It' s really a delight. In clustering the homes then, we're buffering with existing landscaping, both side to side and also back to back so that we are able to maximize the use of the trees for the benefit of the people who will be buying homes in the community as well. We are going to be illustrating the homes themselves. We are going to illustrate the entry feeling and the buffer feeling with slides of other projects in the Bellevue, east side Kent area rather than come along and show you drawings that would show anything I want to show in the sense that an architect's drawing make something pretty lousy look pretty good. It's simpler, I think, to illustrate what we are looking to do with slides of existing projects that we all can relate to. Let's start with the entry. (The slide presentation was started. ) Right near the entry is a row of Magnolia trees planted 40 years ago. The trees them don't even bloom for the first 20 years of their existence. To have a 40 year old canopy of trees over the entry is a delight to a site planner. We're going to be doing that. We've chosen to put the trees in an island illustrating the entrance to Kalhiana out in Issaquah which is an island type entry. Oops, can't do that without putting a showed in. Excuse me, if I 'm in the way. With the island up the center, separating and maintenance of existing landscaping on either side, there will be an architectural entry statement of sports. This is from the point at Mill Creek up in Mill Creek, Washington. The effort would be to provide screening and privacy from 112th so that the units along there wouldn't have 11 Hearing Examiner Verbatim Minutes LeBlanc Annexation #AZ-87-5 Ir any of the noisy from that street, and so, that the community itself will have a dignified and attractive entrance. Just as we did here at the entrance to Mill Creek we will be using berms and landscaping and maintenance of existing trees to create a separation, a sound buffer and a definite sense of entry to the community. I might mention here, although I will be mentioning a little bit more later, that- the, the width and designation of that road has a lot to do with whether it becomes public and it only becomes a publically owned piece of ground/road, if, in fact, it had to go through and connect to, am I broadcasting? Am I recording? O.k. It would only become a public right of way if the City required us to carry it straight on through to 236th, we don't want to do that for a number of reasons, I will get into after the slides. But, if it remains a private road, it's a narrower road and we can maintain a lot more landscaping and existing vegetation with it. Looking at the architecture. I 've mentioned already that the units themselves are clustered around parking courts, each unit will have a minimum of two parking places, some of the units will have double car garages, some will have single. There will also have parking immediately in front of them. There will be no parking on the loop street at all, again, in order to keep that street as narrow as we can within reasonable standards to maintain more of the landscaping. VanDerbeek: How will the no parking on that street be enforced if it's a private street. - Kreager: The Homeowner's Association. Initially there will be signs, also there will be adequate parking to carry the parking that would normally be in front of someone's home. So, the front of this home has its own double-car garage, there is additional parking in this parking apron and like that. The width of the street will be such also that it will be comfortable to drive and pass but not to park on it itself. The parking there will be far in excess of the required parking anyway, both for the City requirements for parking per unit and also for the market requirements. If we look at the architecture of these, I would illustrate it with a project known as Stonebridge which is in Juanita, Washington, which is a condominium of approximately the same density on an area that is buffered actually buffered from existing single family neighborhoods. Stonebridge itself is a similar scale. The architectural character may be different from this but the scale of two-story homes with pitched roofs, one- story in some areas, two stories to balance the home will give more of a feeling of a detached scaled product. As I mentioned earlier, each of the homes will have a private entrance, a private access point, its own attached garage. The rear of the homes will look out into landscaping in the buffer area and the buffer area in this case is a 30-foot wide, fully maintained, landscaped buffer area. If we look at it specifically, we'll see that it's a wonderful thing. The buffer area itself, 30-feet, goes all the 12 Hearing Examiner Verbatim Minutes LeBlanc Annexation #AZ-87-5 way around the site. The, where are we, on the north side of the site we have a full row of the white oak, there's a huge bank of rhododendrons along here which will be faced by all the units facing in that direction. So, there's privacy and there's that wonderful buffer. Moving around, we have Doug fir and there's a whole row of huge evergreens along here. Again, which will be maintained. They're so big, that the house right here on 236th is almost enveloped in them. It's just a beautiful background for that home. Those, of course, are all remaining. Coming along the south side of the site, there's a row of existing trees. Many of them are poplars, there's spruce, there's an intermix in here. This will all stay. Unfortunately, there'-s an open space here which will be replanted. The drawings that we are using to illustrate show only the existing trees, they do not show the infilling and the additional planting that will take place to create additional buffer and additional inplanting. But, the buffer that we're looking at and the scale of the project is very similar to what we are looking at here at Stonebridge. From the neighbors perspective, we about 30 feet from the house. The landscaping is in front of us. This is sort of the scale and character that would be visible, is visible, and I 'm not sure it will be with all of these evergreens in here to the neighboring community. One of the fun things that we are doing with this, again, this is the point of Mill Creek. This is an attached home but what we are doing and I 'll illustrate off here. As often as possible, the ends of the cluster, these units will face outside the cluster in such a way that it will have the appearance of a front door and a private garage which is the same tool that we've used with these homes at Mill Creek which are attached homes. It _. gives a very much lower density, more single family scale to the community. The courts themselves will be heavily landscaped. Each home, of course, will have its own front door and focus. As close to a single family in character as we can come in a detached development. The emphasis will be on landscaping. The community, the Homeowners Association will be maintaining all of the public spaces, public spaces in the sense of the community dedicating open space so that all these areas will be pruned, will be maintained, the buffer lawns will all be permanently maintained. Its not on a neighbor by neighbor, whatever I feel like doing this weekend basis. It will always be an attractive neighborhood. And emphasis also on privacy. A little bit on the interior. It's not a planning issue but for the character and the scale of the homes. Typically they will be one-level and two-level homes. Because there is so much beauty outside there, there will be a lot of window, we want to bring the environment into these homes. That's what makes it so desirable to live there. The buffering. . .let's go back to the site plan a little bit, the areas in and among the homes themselves would be in fields. The areas where we're doing new planting and pedestrian ways and the like will be in field with medium 13 Hearing Examiner Verbatim Minutes LeBlanc Annexation #AZ-87-5 vegetation or vegetation sympathetic to the kind of planting that is already there and in areas of open space, we probably will be using the same technique that was used successfully before which is an in fielding of native wild flowers. In an area which is community maintained, it works just beautifully. This is the Providence Point project out above Lake Sammammish at Issaquah where this same technique haseworked very, very attractively. The overall goal then is to maintain as much of the gardens as we possibly can. It would make the project more financially successful for the developer to keep the trees and it would make a whole lot better neighbor for the people around the outside. If you took and plotted this as a Single Family development and gave each owner the rights over the trees in his yard which he would have, I would project that you would lose a whole lot more trees than you will by allowing this kind of development and sensitive maintenance of the trees. That's what we are at LeBlanc Gardens. I have a couple more points, but I'll turn off my projector. A couple of items that have come up in the staff report. One is the issue of the extension of 236th Street. The staff is not recommending that it happen, the street current deadends into the property line right now. There's a, not really a cul-de-sac but a number of very, it's like cul-de-sac living, it's a very pleasant - neighborhood on the other side. We don't want to run through, we don't want to carry that through to 236th for a number of reasons. One, it would be a severe impact on the neighbors in that it would generate a lot of through traffic from our community as well as theirs through ours, shortcuts over to the commercial area. More cars means safety problems, that' s a very quiet street and we don't want to inflict our traffic upon that neighborhood. In addition, if that road goes through then it becomes a public right of way which requires a much wider ownership, a wider road, different standards than private roads would have and I'm afraid we would losing, looking at losing a lot more of the existing trees. Another question I would like to address would be the situation on 112th. The staff has recommended that the. . .the Traffic Division has recommended that the right of way be allowed to increase to a total of 60 feet. We have no problem at all with that. We do have a question though, there is a thick buffer, it showed up in the film presentation of exiting laurel and evergreen along that street that is in the right of way now. If staff were to later on require, they have not so far on that side of the street, that sidewalks and curbs and everything be put in then that full buffer which would shield the community from the existing single family homes on the east side of 112th would come out. Now, we are anticipating in a (unclear) trees would be running a fence for privacy and, again, screening, from that street but at the same time we would much prefer to have those trees maintained as a buffer and a nice, lush green line along 112th. To my understanding, the Kings Place and the Kent Ridge were not required to do and the most recent project on that side 14 Hearing Examiner Verbatim Minutes ' LeBlanc Annexation #AZ-87-5 , of the road was the day care center down at the corner of 240th and they also did not. So, my question has to do and I would address it to the Hearing Examiner for reference to the staff with the dedication of that right of way, is there an intent, what is the situation with traffic as far as the relationship of the improvements on 112th. That's the completion of my presentation. It has been an existing project to plan. It's seldom, if ever, that an architect/planner gets this beautiful piece of ground to work with. VanDerbeek: Thank you. Further presentation on behalf of the applicant or not. All right. At this time T will hear the public testimony with respect to this matter. All right. Sir, why don't you take it first. Robert Thomas: I'm Robert Thomas of 23520 110th Place SE in Kent and my property. . .back property line forms a boundary of the LeBlanc annexation. I think I first must apologize to you, Madam Hearing Examiner, for the chauvinistic assumption in my written submittal when I addressed you as Dear Sir. VanDerbeek: It's all right, I'm used to it. Thomas: I would like to bring us back to a state of reality from the state of architectural euphoria that we've just enjoyed and if I could I would like to use the overhead projecting, if it's still - working. What I have is the same map, but somewhat different scale. VanDerbeek: Mr. McCormick, would you help the witness focus that please. Thomas: What I would like to do is to repeat principally one of the points that I made in my written submission and then couple of additional ones that have occurred during this_ evenings testimony. The property under consideration for rezoning is shown in yellow on this particular map. I too will attempt the trick of moving with the microphone. The area in green shown around here is single family residential. At present, the LeBlanc Gardens section is the southern end of this. This, at the moment, is single family residential and the church at the top. We've had a great many instances where we are being told that we are being provided with a buffer zone between multiple residence and single family. This area in here is supposedly providing a buffer to whom I 'm hard put to understand since that are apartments right here, right next to this development already and this really is an extrusion into an existing, single-family residential area. I have lived in that particularly area for almost 20 years now and there are a number of my neighbors in the audience who, I know, brought property in that area because we knew it was zoned single family. Now, to change the zoning at this time, I think, is quite 15 Hearing Examiner Verbatim Minutes LeBlanc Annexation #AZ-87-5 unjustified and to use the argument that this development would provide a buffer, I think is completely fallacious. In a previous case, the Planning Department issued the opinion that an additional 236 trips a day onto 104th Street which is a five-lane highway was totally unacceptable. Seventy units, in merging out onto 112th is an absurdity if you consider that statement. At present, it's hardly able tb fake the traffic that exists and even though the current plan does not call for 109th or 236th, whichever it is, to be extended into the property, I would hazard the suggestion that people who would live in such a development who had an intent of traveling north would not travel down 112th, they would go north to 232nd and then issue forth into Park Orchard and the architect for the proposed project made the comment that they did not want to open up that street because he felt it would provide an unacceptable traffic level in a residential area. That is going to happen anyway. An argument also used in the previous hearing was that if you allowed a particular zoning in an area that was not currently zoned for that purpose, some of the requests would be likely to follow. Once a precedent has been set it would be very difficult to deny further applications. I fail to see why the current proposal which says multiple residents on one chunk and single residential on the next shouldn't next year become multiple residential on that entire piece of property. So I think the whole application lacks merit. Thank you. Vanderbeek: Thank you for your testimony Mr. Thomas. Other witnesses? I don't care, any order is fine. Carl Ricketts: I am Carl Ricketts, 23533 110th Place SE. Two of the documents you have there were provided by me. One was delivered just today; it was not mailed with the one dated the 14th. I am not adverse to annexation, per se. I am adverse to the fact that this area where I have two of the border lines, specifically here, on two sides and most of what has been said to date has been reasonably accurate in terms of the beauty of the area, the flowers, the trees, etc, with one possible exception. There are some flowers there that are on berry vines, they are like' 50 foot canes, I 've measured them. It is still beautiful, there are some beautiful hollies, etc. in that area. There is a fence along that area, a little cedar fence, 20 odd years old that is falling down. In fact, on my property it literally completely fell. I 've cleaned that up and I 've also removed another section that was dangerous. I have not yet replaced it. We've talked about traffic. In this area, and I 'll point to the other drawing, in order for me to go to Safeway which is down here, I planned it out in such a way that I can make all right-hand turns. That is today; that isn't after they put a whole bunch more vehicles and people up into that area. It is almost impossible to utilize 240th or Bensen if you want to go left, so you plan everything ahead when you're going somewhere if you're coming out of this 16 Hearing Examiner verbatim Minutes LeBlanc Annexation #AZ-87-5 general area up here. The roads, as you can see, are all crooked and were not designed as throughways, they're for local access and _ when this is opened up as stated by Mr. Thomas (and incidently I concur with everything you had to say) vehicles will be going every which way up there and cars are nothing but grief. Now I 've been active in the City's planning for their police and for their fire, I know what the problems are up in that area for that activity and it's severe. I know what the planning is for streets and they do have some plans but that brings us up to date, just up -.. to date, the plans that are in effect today, just bring us up to date. They don't talk about all this expansion. I have friends who live on 240th where some more complexes have already been built. They are adding sewer. Those people haven't asked for it, they're being assessed high amounts of money to add to these sewers that the apartments need. Now we have adequate supply up there, our sewers work well, we have adequate water. We haven't been. . .had to cut back severely or anything of that nature but as soon as we start adding more people, more requirements we are going to have more difficulties. Wells have to drilled, (unclear) pay for the drilling of wells to get us more water, we're going to pay for it, all of us. Streets have been widened, sewers have to be made larger or extended. That developer is only going to pay for that area right around there, not the rest of it. The problem may be clear down here in downtown Kent. We're all going to have to pay the bill. The only people that's really going to make out and, again, I 'm not adverse to an individual doing something with their property, selling it, building it up, doing something with it, that isn't my argument is what you do with it, that is my argument. So I would like to see as stated in my letter which I would like to become a matter of record, that the City put a stop to all expansion, multifamily, for a while until we catch up. All of our people have been running for office for the last three elections that I 'm aware of, have been in favor of doing something similar, holding up the multifamilies, let's catch up a little bit. We can't even get to work appropriately. I have to be to work at 7 : 30, I get up at 5:15 so I can get there, that's from that area today. So there is a lot of problems and this is just some of them. The letter that I've provided gives the pro's and the con's from my point of view and, again, I'm fully aware that the City needs to square off its boundaries, to do that you need F" annexation but the mechanics of doing it are very, very important to all of us. So, I 'm totally against this application. one more thing that I would like to mention. I do have a background in engineering. I would like to show this one slide for just a moment, if I may, your slide. In the field of cartography, these little lines here are contour lines. I know that area, this is my house, right up there, it tells me that these lines are about five feet apart, or two meters depending on what kind of a measure that they used. The property that is immediately behind those buildings is, and my neighbor next door can attest too, is in fact a pass. It actually drops down about five feet. I would like to 17 Hearing Examiner Verbatim Minutes LeBlanc Annexation #AZ-87-5 , point out one thing and indicate where another one exists just like it. There, and there's another one right there. Now my time with the University of Idaho in the field of hydraulics tells me one thing, water runs downhill. When you see (unclear) typed out on a map, a contour line, heading up, it points up towards where the water is coming from. Another thing, distance between contour lines. Look how far apart they are. Know what that tells me? It's darn near flat, it's darn near flat. Where's all that water going. Right now, today, its not 12 percent but is a very wet lands. I think that needs to be taken into consideration. Now, is the developer going to put in some mechanics for removing that water and taking it to the sewer that's already at capacity or are they going to have to make it bigger. Now, how are you going to handle these kind of things. And, these are the things that are important to me. None of this is a benefit to me or any of my neighbors that I 'm aware of except the owners of the property today and they have every right to do something to it. I 'm not arguing with that and the developer. The developer is going to make his money and then he' s going to be long gone. The rest of us is going to have to pay the bill later for all these grandiose ideas. We haven't even got into the schools, the inner transportation problems and what not which I would hope the City takes under consideration. I don't want to take any more of your time, I think you get the idea. Thank you very much. VanDerbeek: Thank you for your testimony. Further public testimony. Monte Marchetti: My name is Monte Marchetti. My address is 23608 112th Avenue SE. I would just like to show. VanDerbeek: Would you spell your last name for the record? Marchetti: M-a-r-c-h-e-t-t-i. My house, I live right on 112th, like I said. This is my house, as you see here. This is an overhead view and I too have trees on my property bordering all around my property. I've got, right here on the corner of the lot where the City's, where the Engineering Department is recommending moving the road back, I have about an 80-year-old cherry tree that would have to come out. You know, as long as we are talking about preservation of the, you know, the natural beauty, that tree kind of means a lot to me. My concerns with this, and first of all I would like to say that my neighbors to the north are children of the LeBlancs or their son and the LeBlanc's have been, you know, really good neighbors and I really, you know, appreciate them as neighbors, like they've been in the neighborhood for 40 years. Now, directly across from my house is the entrance to the Valley High condominiums. Now, I don't know how familiar everyone is with the secondary market for paper. . . for condominiums. They 18 Hearing Examiner Verbatim Minutes LeBlanc Annexation #AZ-87-5 generally sell well the first time out, you know, the new microwave and everything but when you go to try to resell them, really the banks don't want the paper and as I think a lot of people would attest to there is not much secondary market for them. Now, I know this because there has been a lot of for sales of the unit across the street. I've seen the cars come and go. I've taken my daughters acpogs the street to trick-or-treat and, you know, the neighbors aren't there for more than six months and then you get this turn around and that's a less desirable type of ,., neighbor than say the LeBlanc's or other long-standing citizens that are going to stay in the community. This concerns me because it generally diminish, I feel, the value of the residential property that is more appropriately laid out and, you know, all the services and amenities available than this type of higher density. Even though, you know, on pictures and everything it looks like they've done their homework. One of the major concerns •- in terms of the. . .one of the policies here was for the safety and welfare of the community as far as the street goes, I've been concerned for some time of the substandard condition of the road on 112th. I have a daughter, two years old, and a daughter, five years old, and, luckily I have a half-acre lot right on 112th and I have a fenced yard with a six-foot chain link fence. I can't let my children play in the front yard because of the traffic -- situation. Without any, even the way it stands right now, today, most of the joggers get Christmas presents of these highway suits, you know, with the florescent lights on them so they can run up and down the streets. It' s not conducive, when you know, we show pictures of Mill Creek, a Japanese development, and compare this with the situation that is present up there today, it's kind of a mockery to the infrastructure as it exists in our own area and try to relate this to some Japanese-owned development and, you know, another area entirely different. That safety concern bothers me, because we do have, if you take the map and if we would go down a little further to 240th, we've just had a new, say this is 240th and 112th, we have another problem here with traffic. We have a brand new, I don't know how many, probably 20 plus units per acre and they have a driveway that is trying to get out, to get onto 240th, facing directly. You've got this chicken chase every morning with 112th going this way, who's going to go left, who's going to go right, head-on to each other as well as bumper to bumper going down 240th on a slope, gaining speed from their cars, coming down. Personally I go up to 236th, zig-zag backwards, go down Benson Hill so I can get to work, seven miles away, in a reasonable fashion. These are some of the concerns that I have, I have others but mainly is the, you know, what happens down the road with the condominiums. I know that people have these funds and they put them all in together. Well, at the Valley High condominiums for years they were being swindled out of the Homeowners dues and they were hiring fictitious people to do work and paid them with money and the work never got done. The siding pulled back out, the parking lots went to pieces until it got to 19 Hearing Examiner Verbatim Minutes LeBlanc Annexation #AZ-87-5 , such a, in just you say in seven years, got to such a degraded state that finally it was uncovered that this was going on. Also, my neighbors now over at Valley High, temporary, you know, they may be gone soon, I hope some of them, because they are in the diesel truck business now, they start out at 3:30 in the morning, crank up the diesel engine, and they warm the truck up for two hours, you know, this is not. the kind of thing that I'm looking for in the neighborhood, you know, where we have in one picture the architect painting, you know, St. Thomas Aquinas, across the street and I'm thinking, oh, God, the diesel truck starting up at 3 :30 in the morning. So, let's just, you know, say that I'm not really highly in favor for more of this high density until we can straighten out some of the traffic, straighten out some of the other safety concerns and these kind of issues. I would like to see and I fully agree with development and doing things as far as economically and turning your land and, you know, I appreciate all that but I really feel that we should have something that is more, that this is going to be a more substantial, long-term type of development. That people are going to stay an it's going to be a benefit to me and my neighborhood and community. That's basically what I would like to say. VanDerbeek: Thank you for your testimony. Further public testimony? Jeff Garrett: I 'm Jeff Garrett and I live at 23512 110th Place SE. First of all I would like to apologize to you also about my letter, I believe I probably went overboard in the apartment situation when I first got the notice. Apartments first sprang to mind, I just found out tonight that the Valley High was condominiums, they look like apartments and that was the first fear that came to my mind that apartments were coming into the area. The developers, I have to give them one thing, they put on a very slick presentation and if I was going to buy in the area, I probably would be in to do so just by their slide by their slide show but I feel that it is necessary that you take into consideration where the other units were placed. Kloohonie, Mill Creek and I wasn't sure of the other area, they did show. . . VanDerbeek: Juanita. Garrett: O.k. , Juanita. I 'm not real sure from where I seeing the developments and looking at their pictures, I can't see that type of development being built in the LeBlanc Gardens. They didn't mention anything about prices of the condominiums but the ones in Kloohonie, I know, a lot of people that moved up from the Phoenix in my office, they went to go look out there and those were substantial cost and that' s not the general area if you look at the South King County, what home sales are going, I just don't believe that that area is going to be built like a Kloohonie or a Mill Creek there in the LeBlanc Gardens. And the pictures are 20 Hearing Examiner verbatim Minutes ' LeBlanc Annexation #AZ-87-5 , really wonderful, but there again, what's to say what really will be built there. The idea of keeping the trees, that's a great idea and I understand the idea of single family homes probably couldn't reduce the number of trees but the perversity of the whole situation is that you do have the trees there now, you have natural setting and you want to preserve this by putting in condominiums, it's a little, bat beyond me. It's a form of double speak, I believe. Speaking of the water problems here, I noticed in the staff report, there were things that their wasn't any flood control problems that they noticed, drainage didn't seem to be a problem, so that any storm drainage would be, if necessary, would be looked at when the units were built or the in process of being built. When I. . .I just bought last year, in the house, I live on 110th, and we have a considerable slope in our backyard. I know the units from, at least what we've been able to see, we haven't distinguished the property line yet that I know of tonight on where these units are going to be, but we are talking about the whole fifteen acres possibly being designated tonight. There is considerable runoff, let's put it that way, at least onto my property, and the slope goes further away from me and I notice some of the other neighbors have runoff problems. If you have a good rain, a whole days rain, three days later_ if it's not raining you still have runoff, I mean it keeps running, it's not just trickling down. Out streets are full on 110th at times, down by the Pringles, if you don't keep the storm drain clear, you've got a lake. You know, I guess the other thing, this is going to be City land and City things are happening on it and unfortunately you're affecting County residents. Everything in here says, no problems for the City, no problems for City residents. Well, you're affecting County residents and there doesn't seem to be anybody here from the County. We were told that the County couldn't even come up with a great answer on what they want to do with the land themselves. I think you do have a water problem there that does need to be looked at a little bit more, maybe, you know, it would be great, I would love the water problem to be taken care of because I sick of having the runoff in my yard and in my basement so maybe, you know, if you do get some units you can get, you know, the City might have this great plan of diverting all the water in one big storm system, you know, I would be all for that if that could help them. There are other concerns that are here, the Park Orchard Elementary, I 'm looking forward to having my children attend there. I haven't been associated with the school as of yet and I 'm not sure what its capacity is. There again, if the condominiums are of the such as they show at Mill Creek and Kloonhonie, that might not lead to a burst of children coming into the neighborhood. If they are of a lower standard, more like the area around us where condominiums are now, you are going to have a much higher density of children. I 'm not sure right now if it needs to be addressed to see if Park Orchard could handle, you know, the influx of children. I would like to emphasize to, everybody has been talking about, 112th, that is a 21 Hearing Examiner Verbatim Minutes LeBlanc Annexation #AZ-87-5 ' street with open ditch, the City is recommending that it be widened. Widened in it just increases the traffic on it. It's not an easy area to get out of and, I think, several people have mentioned that to you, it's just not an easy area to get out of, there's about two ways of getting out and its a little over utilized right now. And there is also the concern that, I believe, Mr. Thomas raised, 'on if these units do, if they are placed where they are right now, what is there to say they will not continue on up. I believe that if they get started here it would easily be determined that more units could be build, because it would just be another buffer to the single family homes. This area is single family, believe it should stay the way it is or a consideration of utilizing more open space, large lots and keeping it single family, thank you. VanDerbeek: All right. Thank you for your testimony. Further public testimony on this application. Ernest Stowe: Yes, I 'm Ernest Stowe: 23625 112th SE Unit G 201, Kent,_I kind of feel like a thief in the night, I 'm the chairman v of the board of the Valley High Condominum Association. That land unit area just south of the proposed rezone. Since we are a high density area we really don't concern ourself with if its going to be rezoned a high density area per se. The things that we do concern ourselves with and before I get into that, I purchased into Valley High prior to its building. So I have seen it from ground up. I was the original chairman of the board. I was off the board for a while from burn out. I came back on a couple of years ago. Unfortunately I haven't lined my pocket like some of the testimony has been alluded to here tonight. We are now self governed. I think we have done giant strides. This is a problem all condo associations run into. Our concern at the association level if you recall the video that was shown earlier, the one twelfth, looking both ways, the area adjacent to Leblanc Gardens is a laurel hedge and is probably at least 20 feet high. Where we enter 112th from our driveway, our visibility is very limited to the north, now. With the proposed widening of the road, I would anticipate that would have to come out. Probably that would not bother us at all because it would be much safer. All the traffic now with their not putting 236th through where they enter onto 112th, now this means they are going to be probably within 100 - 150 feet north of our entry way. We have 80 units, they' ll have 70 units. That's going to throw a lot more traffic on 112th. Some of them have said that they go north. Taking them through Park Orchard. I do that sometimes too, just to get rid of the traffic down on James St. or 240th. - School busses. School busses travel that road also on their way to and from Park Orchard. In the evenings, nights, its a part time drag strip also. Because there are no -- The only place to coming in is 235th, and from there all the way to 232nd, from our 22 Hearing Examiner Verbatim Minutes LeBlanc Annexation #AZ-87-5 + area, the bottom line of the annexation to 232nd is no cross streets except 235th. Our area has people who ride Metro. They have to walk from 236th down to 240th, James St. to catch a Metro bus. Here again, we are talking about and as set forth by the planning dept, here, the roadway is substandard, and quoting two lanes of pavement, narrow, gravel shoulders, and open ditches. This is not conducive to .walking. Very dangerous, very dark. There is one light from James St. to 236th. I think there is one light about 237th. One overhead, sodium vapor. There have been alluded to the traffic at 240th and 112th in the mornings. This morning I waited there, and this was at about 6:40 in the morning, I was first in line, but I still had to wait about 3 or 4 minutes to enter the traffic going, making a right turn. I wasn't even trying to go across traffic, but making a right turn. Coming home at night, I make a left turn there. I've had cars pass me on the shoulder on the right hand side, going East bound. We've got 80 units, Ken Ridge also has an entrance that goes onto 112th. I don't know how many units that services that particular entrance, but I would venture a guess, only a guess, you're probably talking 20 to 30 units, maybe even 40 that would use that entrance. The day care center at 240th and James, 240th and 112th now, been open a year, year and a half, is generated a lot of peak hour traffic. People coming in and dropping off their young children. Drop them off in the morning, pick them up at night. Here again, you are generating right turns, you are generating left turns, cross traffic. The Royal first traffic someone alluded to the coming down 112th, you run directly towards this driveway coming out of Royal First which is south of 240th. These cars, you really do play chicken. They have no stop sign over there other than their good graces and common sense. And they have to go across and turn left, whereas we only have to turn right. And that is very bad. Now, we don't have a problem with the annexation or the zoning per se, the only thing we are concerned about is the traffic. We would recommend that there be no rezone until the traffic problems are mitigated, whatever that means. That is, we would like to see 240th and I believe, I believe these are plans to be accomplished, 240 upgraded from 108th, I believe it is to 116th, upgraded to 5 lanes. I 'm not sure what the timing is on that. Also, in line with the planning commission statement about the substandard 112th street, we would like to see that upgraded from substandard, to include walkways, at least one, on one side or the other from 240th at least to 235th. This would give the people who live in our area and the people who live in the proposed area, a opportunity to walk safely out of traffic from their homes to James Street, 240th, and then they could go on down to the shopping center at Benson Center 240th and Benson. Couple of more things I picked up as we were sitting here. I'm not sure what an EIS Nonsignificance is. If I recall correctly, that means they don't need an EIS. 23 Hearing Examiner Verbatim Minutes LeBlanc Annexation #AZ-87-5 ' Vanderbeek: That is correct. Stowe: I 'm not sure they don't. Maybe they don't need it for planning, but I would certainly hope they would have an EIS for the building and the approval of their plans. If I recall correctly, the things that, V have addressed here, have a direct bearing on an EIS. The tree root systems: The trees are very nice, they are very old, they have very big root systems. We have many of these popular trees along the southern border of LeBlanc Gardens encroaching on our area, significantly. The trunks are planted within probably .within 6 feet of our fence line. And if you are familiar with popular root systems, they just really travel because they are a shallow rooted tree. And we have them encroaching almost to our foundations in one of our areas. My guess is when they start their development, they will have to be removed anyway. So, I guess that is all I have got to say. Vanderbeek: Alright. Thank you for your time. Further public testimony on this proposal? There appearing to be no further public testimony at this time I will hear rebuttal comments first from the staff, if there are any. There are a couple of questions, did you get those Mr. McCormick, or did you want me to go through those? McCormick: Fire away. Vanderbeek: Ok. There is a question with respect to 112th St. improvements, and whether or not the developer will be expected to participate in putting in curbs, gutters, and sidewalks. There was the question about surface water runoff and what improvements would be required in that regard. There was a question with respect to where the line is in terms of the . multiple family recommendations which staff is making versus. the single family. Then there was the question concerning the need for an EIS. McCormick: First in regard to the 112th St. improvements. What is recommended by the staff of the public works dept. is that the property owners along 112th be required to deed the necessary property to have a 30-foot half street right of way on the west side of 112th, have a 30-foot right of way on that side of the street. At this point there would be no improvements required. Those come at the point in time when the development plans have been submitted for review and the Environmental checklist for the project has been reviewed. Vanderbeek: The proposal is for 30 feet on the west? McCormick: On the west side of 112th. 24 Hearing Examiner Verbatim Minutes LeBlanc Annexation #AZ-87-5 , Vanderbeek: So what eventually, you want a 60 foot right of way? McCormick: Now, I think that would be what Public Works would plan on getting in that area, would be a 60 foot right of way. Vanderbeek: How wide is the right of way there now? McCormick: It wasn't specified in the staff report, and I don't know what it is currently. But I would estimate it probably 36 to 40 feet looking at the road way and the ditches that are existing now. Vanderbeek: All right. You still have the opportunity for further rebuttal at this point. I didn't see it as the addendum anyway, maybe it is Carol 's. All right, you may continue. McCormick: The question regarding the requirement of an EIS, at this point in time it was not felt that the requested zoning was significant to the point where it required an Environmental Impact Statement. That doesn't cover any proposed development on the site which time when the plans are brought in for submittal for review another environmental check list will be required for that project and a separate environmental review will take place with those specific development plans. In terms of storm water runoff, that is a public works department area, and generally, all I can tell you is what happens generally in these instances, is that the public works department requires that each development provide some kind of volume of on site storm water detention and that is usually in the form of a holding pond or that sort of thing or underground vault that is designed to hold a specified amount of storm water runoff for a specified storm or a specified storm duration. I 'm sorry, what was the other question that had come up? Oh, the boundary line. At this point the staff is recommending that the MRG zoning be applied only to the area that we have the site specific plan for. The LeBlanc zone property also to the north of this site which is in this area here, the staff is recommending this area south of this line here approximately be recommended MRG. Anything north of that line which should coincide with this line here, be zoned single family residential R1-9. 6. Vanderbeek: All right. McCormick: Ok, a couple of the other concerns, one concerning the buffer strip, the Kent zoning code had provisions that on any undeveloped piece of property that contains or has trees six inch calliper or larger a site specific tree plan is required and that in cases where it is possible, that as many trees of that size be 25 Hearing Examiner Verbatim Minutes LeBlanc Annexation #AZ-87-5 , preserved, so prior to any development occurring on this site, a site specific tree plan will be required and reviewed by the planning department to see that it is in compliance with that section of the zoning code. The traffic generation precedent set for future zoning. The staff is recommending that part pf, the area that is designated on the comprehensive plan as MF 12 be zoned to MRG, 12 units per acre. This would not be setting a precedent for rezoning property from single property to multifamily. LeBlanc's came in, it has been two- and one-half to three years ago now, to approach the City with the concern to preserving as many trees on the site as possible when it came time to develop the property. The staff sat down with the LeBlanc's and felt that in order to accomplish that goal that the zoning of a multifamily type of development where you could use a more flexible site design techniques and not have the subdivision type of development go on there that they could preserve the maximum number of trees. Of which was a concern of both the applicant as well as the city. It was agreed upon during the process of the Comprehensive Plan amendment that the MF 12 would be a reasonable designation for that property. Currently there are plans for improvement of 240th. I can't say specifically what those plans are, I am under the impression that those improvements to 240th are to begin early this year. I believe the engineering has been done on this project, and I believe construction is supposed to start in the spring of 1988. I 'm not sure specifically what those improvements are, I know however, it will be improved to a four lane facility with a continuous left turn lane. As far as traffic signals, I 'm not sure what is proposed for traffic signals on 240th. As far as development impacting the city's transportation system, it is not only development that occurs within the city, but development occurs in close proximity of the city that is going to have an impact on traffic. As been testified, tonight, there is a significant problem on 240th which results from the numerous sub- divisions going on in the county that are east and out 240th from anywhere from a mile to 3 or 4 miles out of town. Those sub- divisions in conjunction with what is happening in the city are impacting the system. I don't think you can point the finger to what is happening in the city is creating the traffic problems that are solely the cause of the traffic problems on the East Hill. Royal Firs does have a driveway that comes out on 112th, however that is not their only access out onto 240th. They have another one further west, so you don't have the entire development all the traffic funneling out of one driveway. There is another access onto 240th west of 112th. That all the rebuttal comments I have unless Ms. McClung has some as well. Vanderbeek: I have a question. What is the zoning to the west of the site? 26 Hearing Examiner Verbatim Minutes LeBlanc Annexation #kAZ-87-5 McCormick: The zoning to the west is the Park Orchard area. That is King Co. , and I believe it is suburban residential, but I 'm not sure what density. Vanderbeek: Well, would you please find out, I am going to leave the record open for you to, find out the density of the zoning to the west of the site and also that the permitted density on the site prior to the annexation under King Co. zoning. I want to know the minimum lot sizes, and the number of home units per acre permitted under the existing zoning. Ms. McClung, do you have some rebuttal comments? McClung: Yes, I do. There were a few things that Greg didn't cover and I want to add them. On the issue of where 112th meets 240th, my memory may not be correct, and I invite any interested citizen to call our office and verify this after Friday. I will check with the Engineering Department, but I believe that the Royal Firs development was required to pay into a traffic light for that intersection. And I could check on the time plan for that particular traffic light. Just because it came up tonight I thought it might be good to bring it up again. Also it was brought up that this project affects county residents. That is true, but I wanted to bring out that. it is the city who has the utilities in that county area. We service that area with water and sewer and maintain those systems. So any problem that we create here as far as utilities goes, is our own problem. There was also a question about the school district and I just wanted to let people know that the school district is notified whenever a development comes in through the environment review. They get a copy of the site plans and they do let us know when they feel a project is significantly impacting the school district. As far as the EIS issue is concerned, at the time this goes through a development review should this rezone be approved, a whole new environmental review will be done. At that time the property will be posted and we will welcome any public input at that time. Lastly, because this came up since the staff report has been written on another project. I would like to suggest adding another condition should the zoning be approved as recommended that if there is a significant change to the plans as shown, that they be brought back to the Hearing Examiner for a public hearing. Vanderbeek: How do you define a significant change in the site plan? McClung: In this particular case, I don't think the density is as much an issue as the scale of the project. It has been represented tonight as basically one and two story buildings. If the height of the buildings were changed, I would consider that a significant change. It's been represented with a 30 foot buffer around the site. If that were to change or if the trees were to 27 Hearing Examiner Verbatim Minutes LeBlanc Annexation #AZ-87-5 be removed through the development process. Those types of things. Vanderbeek: All right. Thank you for your comments. Is there any rebuttal comments from the applicant or the applicant's representative? Bill Kreager: A few very brief comments. Most of the comments this evening have to do with the very real concerns over traffic and utilities. The project as it proceeds through the process will be responding in complete compliance with all the standards of the city of Kent. And those will be focused, obviously, upon the specific needs of traffic and utility loads the project will engender. In addition, having to do with the value of the property, I am not going to get into the sociological definition of condominium and the rest of that. The floor price on these homes is anticipated at this point being between a low of 85 and a high of 110, 000 dollars. So, these truck drivers may make a lot of money, and we can't control that. But I would suspect that the same kind of people who live in the surrounding community will be becoming the neighbors in the new project. Vanderbeek: All right. Thank you for your comments. At this time I will leave the record open for the submission of additional evidence by the city. Specifically, I want to know the density to the west of site, how that entire area is zoned, along the entire frontage of the site, if it is zoned differently, the area located in King Co. I want to know the minimum lot size permitted under that county zoning. I want to know the number of units per acre under the county zoning. I am also interested in determining the number of units per acre permitted on the actual site prior to its annexation into the City of Kent. And I want the historical county zoning designation and the minimum lot size on the site prior to its annexation. I would invite either the city or the applicant or both to submit that information to me in writing. Can that be done within one week? All right. I will set December 23, at 5: 00 pm, as the deadline. I would assume that city employees only get Christmas Day and New Year's Day off, right? No extra time off? All right. That being the case, I think that the 14 days for the commencement of my decision would start on the 24th. Unless there is some objection to that from the city. All right. So that appears to conclude the hearing with respect to this matter. Hearing closed at 10:00 a.m. 28 KENT PLANNING AGENCY ADDENDUM TO STAFF REPORT FOR HEARING EXAMINER MEETING OF DECEMBER 16, 1987 FILE NO: #AZ-87-5 LEBLANC ANNEXATION APPLICANT: CITY OF KENT PLANNING DEPARTMENT REOUEST: The request is to set the initial zoning on approximately 15 acres of land. STAFF REPRESENTATIVE: GREG MCCORMICK STAFF RECOMMENDATION: The LeBlanc Garden area - MRG, Garden Density Multifamily Residential The remainder of the annexed area - R1-9 . 61 Single Family Residential, minimum lot size of 9, 600 square feet. ADDITIONAL INFORMATION During the couse of the environmental review for the LeBlanc annexation zoning, some additional comments were received from the Kent Public Works Department concerning the transportation system in the area of the LeBlanc annexation area. The annexation area is bordered to the east by 112th Avenue SE which is classified as a residential collector. The street has a public right- of-way widthof 40 feet while the actual paving is approximatley 22 feet. One Hundred Twelfth is considered a substandard roadway with two lanes of pavement, narrow gravel shoulders and open ditches. The Public Works Department is recommending that the following condition be applied to the aproval of the initial zoning of the property: 1. The owners of property adjacent to 112th Avenue SE shall deed to the City of Kent, sufficient property for street purposes such that 30 feet of right of way exists as measured from the north/south centerline of the southeast quarter of Section 17 , -- Township 22, Range 5, W.M. KENT PLANNING DEPARTMENT December 11, 1987 •. 1 KENT PLANNING AGENCY STAFF REPORT FOR HEARING EXAMINER MEETING OF DECEMBER 16, 1987 FILE NO: #AZ-87-5 LEBLANC ANNEXATION APPLICANT: CITY OF KENT PLANNING DEPARTMENT REOUUE_ST: The requesp is to set the initial zoning on approximately 15 acres of land. STAFF REPRESENTATIVE: GREG MCCORMICK STAFF RECOMMENDATION: The LeBlanc Garden area - MRG, Garden Density Multifamily Residential The remainder of the annexed area - R1-9 .61 Single Family Residential, minimum lot size of 9 , 600 square feet. I. GENERAL INFORMATION _ A. Description of the Proposal The LeBlanc annexation ( annexed in June 1987 , Ordinance #2727) is composed of approximately 15 acres. Staff recommends that the area known as the LeBlanc Gardens which is approximately 5.85 acres in size be zoned MRG, Garden Density Multifamily Residential, with a maximum density of 12 units per acre. The remainder of the annexation area or 9 . 15 acres, is recommended to be zoned R1-9 . 6, Single Family Residential . All newly annexed land is given an interim zoning designation of R1-20, Single Family Residential, minimum lot size of 20, 000 square feet. This interim zoning remains in effect until the Hearing Examiner and City Council establish the initial zoning for the newly annexed area. B. Location The LeBlanc annexation area is located south of SE 232nd Street, east of 112th Avenue SE (see attached vicinity map) . C. Size of Property The annexation area is approximately 15 acres in size. 1 Staff Report LeBlanc Annexation #AZ-87-5 ' D. Zonincf The property is currently zoned R1-20, Single Family Residential. Prior to annexation, the property was zoned SR, Suburban Residential, under King County zoning. E. Comprehensive Plan ` The City of Kent first adopted a City-wide Comprehensive Land Use Plan in 1969 . This Plan, updated in 1971 and 1977, addresses a broad range of land use , considerations. The goals, objectives and policies of the Comprehensive Plan represent an expression of community intentions and aspirations concerning the future of Kent and the area within the Sphere of Interest. The Comprehensive Plan is used by the Mayor, City Council, City Administrator, Planning Commission, Hearing Examiner and City departments to guide growth, development, and spending decisions. Residents, land developers, business representatives and others may refer to the plan as a statement of the City' s intentions concerning future development. The City of Kent has also adopted a number of subarea plans that address specific concerns of certain areas of the City. Like the City-wide Plan, the subarea plans serve as policy guides for future land use in the City of Kent. The area under consideration in this instance is covered by the East Hill Plan. The East Hill Plan Map designates the LeBlanc Gardens area as MF12 , Multifamily, 7 to 12 units per acre, the remainder of the annexation area is designated as SF6, Single Family Residential, 4 to 6 units per acre. CITY-WIDE COMPREHENSIVE PLAN NATURAL ENVIRONMENT - OPEN SPACE ELEMENT OVERALL GOAL: INSURE THE PRESERVATION OF LAND FOR A VARIETY OF OPEN SPACE USES WITHIN THE CITY OF KENT. GOAL 1: ENCOURAGE OPEN SPACE THROUGHOUT THE CITY. Objective 2 : Encourage private development of open space. Policy 2 : Promote the incorporation of open space/natural elements on existing developments. 2 Staff Report LeBlanc Annexation #AZ-87-5 , Planning Department Comment: The area in the southern portion of the newly annexed area is known as the LeBlanc Gardens. The LeBlanc family has owned the subject property for over forty years. The family developed the site as a botanical garden in the early 1940 's by planting several groves of trees unique to the Puget Sound region. Several years ago this site gained national attention in Sunset magazine for its garden and landscaping. Limiting the residential density on this site would make it possible to preserve as much of this unique site as possible. The northern part of this annexation is single family residential on large lots except for the northern most parcel which is developed with a church. The zoning for this section of the annexation area reflects the implementation of the Comprehensive Plan Map for this area. The recommended zoning of R1-9 . 6, Single Family Residential , will stay in character with the surrounding residential neighborhoods. EAST HILL PLAN HUMAN ENVIRONMENT ELEMENT OVERALL GOAL: ENHANCE, THROUGH GOOD DESIGN, THE AESTHETIC QUALITIES OF THE NATURAL AND MANMADE ENVIRONMENT TO PROMOTE THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY. GOAL 2 : Development that will preserve, maintain and enhance East Hill ' s natural and manmade environments. Obiective 1: Preserve those natural features which contribute to the aesthetic quality and rural feeling that exist on the East Hill, i.e. , streams, lakes, significant views, tall evergreen trees , woodlands and pastures. Policy 1: Consideration shall be given to the integration of natural features such as streams, lakes , views, woodlands, and pastures into the design of residential and commercial development. Planning Department Comment The recommended zoning designation for the southern portion of the annexation area would allow for clustering the dwelling units on the site. This would encourage innovative site planning to integrate as many of the groves of trees into future developments as possible. This area would also 3 Staff Report LeBlanc Annexation #AZ-87-5 ' act as a buffer between higher density multifamily developments to the south (201 units per acre) and large lot single family residential to the north. II. HISTORY A. Site History This area was annexed into the city in April 1978 . The northern most area of this annexation site is developed with a church. The central section of the area is developed with single family dwellings on lots ranging in size from .96 to 1. 31 acres. The southern parcel of the area is known as LeBlanc Gardens. The LeBlanc family developed this site as a botanical garden in the early 19401s. There are several species of trees on the site which are unique to the Puget Sound area. In addition to the trees on the site, several native shrubs and flowers are interspersed making this site a special natural area worthy of preservation. Several years ago, Sunset Magazine did a feature story of the LeBlanc Gardens giving the site national exposure. A preliminary site plan, submitted on December 4 , 1987 , for the LeBlanc Gardens area addresses the conservation of the unique vegetation that exists on the site. The plan for LeBlanc condominiums contemplate development of the 5. 85 acre site with 70 condominium units which results in a density of 11. 97 units per acre. Staff feels that the MRG, Garden Density Multifamily Residential, maximum of 12 units per acre, zoning will allow greater flexibility in site design resulting in a larger amount of the site' s vegetation being preserved. It is understood that the preliminary plan that was submitted is conceptual at this stage. However, staff recommends that if there is a substantial change from the preliminary site plan on file in the Planning Department, that the plan should be brought back before the Hearing Examiner for review. B. Area History The East Hill area of Kent was first settled in the early 1900 ' s . Since that time commercial and residential development have grown steadily. The property in this area is a mixture of multifamily and single family residential and community facilities in the form of a church and Park Orchard Elementary School just north of the annexation site. 4 Staff Report LeBlanc Annexation #AZ-87-5 The LeBlanc Family has owned the gardens area for nearly fifty years. Part of the original homestead was sold for the Park Orchard subdivision adjacent to the east of the site. III. LAND USE Land uses adjacent to the annexation area includes single family and multifamily developments and community facilities. Park Orchard subdivision lies to the west and Eastridge subdivision is to the northeast. These areas provide a majority of the single family development in the area. In addition, there are a number of smaller plats and large lots that have been developed for single family residential use. Land to the south has been developed with multifamily uses including King' s Place and Kenton Ridge apartments which are developed at a density of approximately 20 units per acre. Commercial uses exist to the south and west of the property. The core of this commercial area is the intersection of 104th Avenue SE and SE 240th Street. IV. ENVIRONMENTAL CONCERNS A. Significant Physical Features 1. Topography and Hydrology The area's topography is generally flat with a slight east to west slope. The slope is approximately zero to three percent. 2 . Vegetation As pointed out in earlier sections of this report, the site known as LeBlanc Gardens has significant vegetation. This area has been developed as a botanical garden which includes several species of trees that are unique to this region. Some of the trees are considered rare. Some of the unique species on the site are Catalpa trees, Sequoia Redwoods, Norway and Colorado Blue Spruce, Spanish Fir, Copper Beach, White and Red Oak, Japanese Larch, Magnolia, and Japanese Black Pine. The parcels to the north of the garden area have some native evergreen and deciduous trees located on them. 5 Staff Report LeBlanc Annexation #AZ-87-5 + C. Significant Social Features 1. Street System The subject site has access to 112th Avenue SE which is classified as a residential collector. Southeast 236th Street terminates, at the west property line of LeBlanc Gardens. The preliminary site plan does not contemplate that SE 236th will continue through the property to connect with 112th Avenue SE. Such an extension would radically alter the site plan and would likely lead to destruction of significant numbers of rare plant species identified on the site. 2 . Water System Most of this area is served by City of Kent water. There are existing water lines in 112th Avenue SE, SE 232nd and SE 236th Streets. Water mains will have to be extended or upgraded where development occurs if inadequacies exist or water line are nonexistent. 3 . Sanitary Sewer System The City's sanitary sewer system serves portions of the newly annexed area. Lines exist along SE 232nd Street ending 280 plus/minus feet east of 110th Place SE and at the easterly end of 109th Avenue SE (SE 236th Street) . Main line extensions will be required in accordance with the Comprehensive Sewerage Plan as development occurs in this area. 4 . Storm Water System Storm drainage requirements will be determined at the time of development. 5. LID's There are no existing or proposed LIDS for these properties at this time. VI. PLANNING DEPARTMENT REVIEW The Planning Department has reviewed this proposed zoning in relation to the Comprehensive Plan, current zoning, land use, street system, flood control problems and comments from other departments and agencies and finds that: 6 Staff Report " LeBlanc Annexation #AZ-87-5 A. The Comprehensive Plan Map designates the LeBlanc Gardens area as MF12 , Multifamily, 7 to 12 units per acre, the remainder of the property is designated SF6, Single Family Residential, 5 to 6 units per acre. B. The property is currently under an interim zoning designation of R1-20 , Single Family Residential . This interim designation is given to all land annexed into the City until such time as the initial zoning designations are determined. C. Land uses adjacent to the annexation area include; south-- multifamily residential (approximately 20 units per acre) ; north--single family residential, Park Orchard Elementary School; west--single family residential ; and east--single family residential and vacant land. D. The annexation area has access to 112th Avenue SE which is classified as a residential collector. The site is bordered to the north by SE 232nd Street. Southeast 236th Street terminates at the west property line of LeBlanc Gardens. E. There are no apparent flood control problems on the site. F. The City has recently adopted amendments to the Zoning Code which included standards and criteria to be used by the Hearing Examiner and City Council to evaluate a request for rezone (Section 15. 09 . 050 A3) . Staff feels it is appropriate to use these criteria when establishing the initial zoning for newly annexed land. The initial zoning should only be established if the City Council determines that the zoning is consistent with the following standards and criteria. 1. The proposed rezone is consistent with the Comprehensive Plan. 2 . The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. 3 . The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. 4 . Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. 5. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. 7 Staff Report LeBlanc Annexation #AZ-87-5 The Planning Department has reviewed this application in relation to the Comprehensive Plan, present zoning, land use, street system, flood control problems and comments from other departments and finds that: A. The Comprehensive Plan Map designates the LeBlanc Gardens area as MF12 , Multifamily Residential, 7 to 12 units per acre; the remainder of the area is designated SF6, Single Family Residential , 4 to 6 units per acre. The recommended zoning would be consistent with the Comprehensive Plan. B. The annexation area is bordered on the south by multifamily development, to the north, east and west is predominately single family residential . The area recommended to be zoned MRG will act as a transition from the higher density (23 units per acre) multifamily to the south and the single family area to the north. C. The annexation area is bordered on the west by 112th Avenue SE which is classified as a residential collector. The necessity of street improvements will be determined at the time of environmental review and development plan review. It is anticipated that all of the traffic impacts will be able to be mitigated. D. This area was zoned SR, Suburban Residential under King County prior to annexation. The staff' s position is that if an MRG designation is given to the LeBlanc Gardens area, the increased flexibility in site design will result in a greater number of the unique tree species being preserved. The zoning recommended for the balance of the area is comparable to the King County designation prior to annexation. E. The recommended zoning would not appear to adversely affect the health, safety and general welfare of the citizens of Kent. VII. CITY STAFF RECOMMENDATION The Staff recommends to the Hearing Examiner the following: A. The LeBlanc Gardens area be designated MRG, Garden Density Multifamily Residential, 12 units per acre. B. The remainder of the annexation area be designated R1-9 . 6, Single Family Residential, minimum lot size of 9, 600 square feet. 8 KENT PLANNING DEPARTMENT December 9 , 1987 _ CITY OF KENT planning . .:: J Li �w- o 23210 , 1 c V r < � ( l °Ipi°�� S.E. 235TH ST. �7 (`� s j S.E f ! (..1 � 235T1 ?d �- a ! APPLICATION Name_ Le Rim: LEGEND Numller. 87-87_3 Dale „/a/R, application silo i bequest--ANNEXATION ZONING zoning boundary.--.: TOPO/ZONING City limits "m SCALE = 1":200' CITY OF KCNT _ planning . 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ST SE 236TH PL u j� w < u SE 231 TN ST (rip EL H'rseevol• E 238TN m A nVL SE 239TH ST Arch J O ryV < $ O „ ST 1 PL = Ix- ry w ST w .18 17 o i SE OTH ST tu2 C Pod U•H•q EAST HILL 3 241ST ST ¢ ELEMENTARY m SCHOOL 3 '~u S 242NOQ ST a S 243RO SE 244TH a ST H y W I O W w I Q N W < w O � t F 1 ^ m P H W S 246TH 1 a i T,> S W a 248TH ST SE 248TH ST w P > I < < APPLICATION NameJg,eRlanc LEGEND Number-AZ-8"7-3 Dale Novc►T,ber y,tga� . application site 12M Regllesl Ln=A't)h Onihr.. viGini� Matte � city limits — — — SCALE _ �'` = ►,000' -L_J'' Kent City Council Meeting Date May 3 , 1988 Category Public Hearings 1. SUBJECT: SURPLUS PROPERTY 102ND/240TH 2 . SUMMARY STATEMENT: This date has been set for a public hearing on the sale of a 50 by 50 parcel located in the vicinity of 102nd Ave. S.E. and S.E. 240th which the City has declared surplus . The City Clerk has given the proper legal notice. 3 . EXHIBITS• 4 . RECOMMENDED BY• (Committee, Staff , Examiner , Commission, etc . ) 5 . EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS• OPEN HEARING: PUBLIC INPUT• CLOSE HEARING:. 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember )_seconds the hearing be osed and a call for bids be authorized to offer the property for sale with a minimum acceptable bid being the appraised value. DISCUSSION:- ACTION: Council Agenda Item No. 2B s188st a N 0 B 202 a1 SE20051 S d'i < Q 3206 a1 cc p 9 208 91 207 C N N F < u CO — a212s1 � N S 213 PI i Flr 8216SI /i ffi 8220at < <> "xt N S 222 SI SE 222 81 . ,f.;'::•� a 224 at SE 22151 y2' 8227 P1 aE 226 B1 t SE 22 _ ' Ke t y Hall . a > ti y - SE 231 SI 81 ollce Station < Y SE23261 .. n7 V Kent 4 Library < N W 9231SI n norlalP A Q g 3 S 238 y Vol 0 _. Jarnu8l Q V < Y e 8 241 < •,. O St W Tam, renca n 1 I S 24 k r < ci Iln 91 > > r § SE 2/4 N • 1 owe, N eOq <o . .I ` • ` V a' a Hwr 16omp 3�` C W r i IOer Ca rpue Park N wsl H m oc Lp CO VI 5AD Walnut n P Maple 81 r 826181 N q F 2 SI ' Location Map '7 1111 9IS266SI N a SE i �4" a 277 at w PROPERTY AT 240_th. and 102nd OLYMPIC APPRAISALS A FULL SERVICE APPRAISAL COMPANY CONSENT CALENDAR (r 3 . City Council Action: r Councilmember k+ moves, Councilmember seconds that Consent Calendar Items A through L be approved. Discussion Action 3A. Appro val of Minutes. Approval of the minutes of the regular Council meeting of April 19, 1988 and authorization to correct the minutes of April 5 , 1988, on page 5, as follows : 1989 Community Development Block Grant Funds (3 ) allocate 6% of planning and administration ., 3B. Approval of Bills . - Approval of payment of the bills received through May 9, 1988 after auditing by the Operations Committee at its meeting at 8 : 30 a .m. on May 16 , 1988 . Approval of checks issued for vouchers : Date Check Numbers Amount 3/28 - 4/13/88 59400 - 59414 59813 - 59836 $187, 528 .76 4/15/88 59840 - 60243 $966,015 . 83 Approval of checks issued for payroll : Date Check Numbers Amount 4/20/88 103117 - 103713 $601, 145 .40 Council Agenda Item No . 3 A-B Kent, Washington April 19, 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 Director Harris and City Engineer Gill. Councilmember Woods, Finance Director McCarthy and Public Works Director Wickstrom were not in attendance. Approximately 120 people were at the meeting. PRESENTATIONS Drinking Driver Task Force Poster Recognition Awards. Mayor Kelleher noted that the Kent Drinking Driver Task Force has conducted a "Keep A Friend Alive" poster contest for Kent, High- line and Federal Way students in an effort to raise student awareness on sober driving and safety belts . He announced the winners of the contest and presented each with a certificate. The Mayor also thanked the Boeing Aerospace Company for their commitment of printing costs, as well as all the volunteers who helped make the contest a success . Barber Shop Harmony Week. Mayor Kelleher read a proclamation declaring the month of April 1988 as Barbershop Harmony Month in the City of Kent. He then introduced the SEA-TAC Chapter of the Society for the Preservation and Encouragement of Barber Shop Quartet Sing- ing in America, Inc. , who sang several songs. Volunteer Week. The Mayor declared the week of April 17-23 , 1988 as Volunteer Week, and noted that the City of Kent has volunteers working in numerous departments and offices. He then introduced Information Desk Volunteers Ann Erickson, Helen Barber and Kathy Crock and presented them with flowers and a certificate. Student Employment Week. The Mayor read a proclamation declaring the week of April 17-23 , 1988 as Student Employment Week in the City of Kent. Victim Rights Week. Mayor Kelleher read a - proclamation declaring the week of April 17-23 , 1988 as Victim Rights Week and presented the proclamation to Kathleen Groshong of the Drink- ing Driver Task Force. April 19, 1988 CONSENT CALENDAR JOHNSON MOVED that Consent Calendar Items A through M be approved. Biteman seconded and the motion carried. MINUTES (CONSENT CALENDAR ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of April 5, 1988. HEALTH & (CONSENT CALENDAR ITEM 3H) SANITATION The Lakes Short Plat. ACCEPTANCE of the bill of sale and warranty agreement for continuous operation and maintenance of approximately 4, 572 feet of water main improvements and approximately 2, 413 feet of sanitary sewer improvements constructed in the vicinity of James Street and 64th Avenue South for the Lakes Short Plat Development and release of cash bond after expiration of maintenance period. STREETS (CONSENT CALENDAR ITEM 3J) LID 297 - Meeker Street Improvement. AUTHORI- ZATION to transfer $32 , 000 from the Unencumbered Sewerage Funds to this project for settlement of the outstanding claim against this project, as approved by the Public Works Committee. SEWERS (CONSENT CALENDAR ITEM 3F) LID 334 - Derbyshire No. 7 Sanitary Sewer. ADOPTION of Resolution 1167 setting May 17 as the date for a public hearing to consider the creation of LID 334 for sanitary sewer install- ation in the Derbyshire area. WATER (CONSENT CALENDAR ITEM 3K) Clark Springs Improvements - Fund Transfer. AUTHORIZATION to transfer $47 , 000 from the Unencumbered Funds of the Water Utility to this project to compensate for the project overrun due to previously approved additional work, as approved by the Public Works Committee. (CONSENT CALENDAR ITEM 3L) Clark Springs Building Improvements. ACCEPT as complete the contract with Clements and Son Construction for the Clark Springs build- ing improvement project and release of the retainage after receipt of the necessary releases from the State. 2 - April 19, 1988 SURPLUS PROPERTY Surplus Property - 520 Scenic Way. This date has been set for a public hearing on the sale of an 8 ' strip of utility property in the vicinity of 520 Scenic Way which has been declared as surplus to the City' s needs. The City Clerk has given the proper legal notice of the hearing. The Mayor declared the public hearing open. There were no comments from the audience and DOWELL MOVED to close the public hearing. Houser seconded and the motion carried. JOHNSON MOVED that a call for bids be authorized to offer the property for sale with the minimum acceptable bid being the appraised value. White seconded. Motion carried. (CONSENT CALENDAR ITEM 3G) Surplus Property - 102nd S.E. and S.E. 240th. ADOPTION of Resolution 1168 setting May 3 as the date for a public hearing on the sale of surplus property located in the vicinity of 102nd S.E. and S .E. 240th. EQUIPMENT RENTAL ( CONSENT CALENDAR ITEM 3I ) Surplus Equipment. DECLARE as surplus the various pieces of equipment as listed in the Committee ' s minutes and authorize the Public Works Department to offer same for sale at public auction and to sell the vibrator/static roller to the City of Snohomish for its appraised value, as concurred with by the Public Works Committee. TRAFFIC CONTROL (CONSENT CALENDAR ITEM 3E) LID 333 - Traffic Signal - 72nd Avenue S. and S. 180th. ADOPTION of Resolution 1166 setting May 17 as the date for a public hearing to con- sider the creation of LID 333 for a traffic signal at 72nd Avenue S. and S. 180th. HISTORICAL Linda Vannest , 13521 S .E. 266th, stated that PRESERVATION she is President of the Neeley Mansion Associ- ation, and announced that there will be a tour of White River Valley Historial Sites on May 21 . Vannest noted that the Ponsey house, built around 1899•, is presently for sale, and is concerned that the historical landmarks in Kent are disappearing. She suggested that the City either enter into an historical preserva- tion interlocal agreement with King County or - 3 - April 19, 1988 HISTORICAL set up their own review board through the PRESERVATION Planning Department. Harris noted that they have discussed an interlocal agreement with the County in the past and that it is very complicated. He said that the Planning Com- mittee has also discussed this matter. Bite- man noted that not all owners of historical property would be interested in having their property classified as an historical site. White asked that this matter be referred to the Planning Committee and a recommendation brought back to the Council. The Mayor requested that staff notify Vannest as to when the matter will come before the Planning Committee. REZONE Kantor Recreational Vehicle Park Rezone No. RZ-88-1 . This date has been set for a public meeting to consider the Hearing Examiner ' s recommendation of conditional approval of the Kantor RV Park Rezone. The request is to rezone approximately 14 acres from M2 ( limited industrial ) to MRM (medium density multi- family residential ) . The property is located on the north side of 262nd Street and bounded to the east by a Puget Sound Power and Light Company right-of-way and on the west by SR167 . Greg McCormick of the Planning Department pointed out the area on the map and noted that in addition to the rezone, a mobile home park combining district request has been submitted and reviewed by the Hearing Examiner. He noted also that a shoreline substantial develop- melt permit has been submitted, reviewed and approved by the Hearing Examiner and forwarded to the State for review. McCormick noted that the RV park code stipulates that in order to get the combining district overlay, the site must first have a residential designation other than R1 . He noted that one of the condi- tions is that the rezone to MRM be directly tied to the development of the recreational vehicle park and •that if there are any sub- stantial changes to the plans , that the Hearing Examiner will require a new public hearing. Upon questions from White, McCormick clarified this condition and Mayor Kelleher noted that this parcel had been zoned M-2 and was not 4 - April 19, 1988 REZONE designated as agricultural. It was determined that without this rezone, manufacturing use would still be allowed there. Upon Biteman' s question, McCormick described the access to the proposed park. - DOWELL MOVED to adopt the findings of the Hear- ing Examiner, to concur with the Hearing Examiner ' s recommendation of conditional approval and to direct the City Attorney to prepare the required ordinance. Biteman seconded and the motion carried. COMBINING DISTRICT Kantor Recreational Vehicle Park Combining District No. CD-MHP-88-1 . This date has been set for a public meeting to consider the Hear- ing Examiner ' s recommendation of conditional approval of the Kantor RV Park mobile home park combining district to allow the develop- ment of a recreational vehicle park. The property is on the north side of So. 262nd Street and bounded to the east by a Puget Sound _power and Light Company right-of-way and the west by SR167 . There were no comments from the audience and BITEMAN MOVED to adopt the findings of the Hearing Examiner, to concur with the Hearing Examiner ' s recommendation of approval with one condition and to direct the City Attorney to prepare the required ordinance. Dowell seconded and the motion carried. ANNEXATION ZONING (CONSENT CALENDAR ITEM 3C) Le Blanc Annexation Initial Zoning No. AZ-87-5. AUTHORIZATION to set the Council meetings of May 3 and June 7, 1988, as the public hearing dates to consider the Hearing Examiner ' s recommended initial zoning for Le Blanc Annex- ation No. AZ-87-5. The property is located south of S .E. 232nd Street east of 112th Avenue S.E. and is approximately 15 acres in size. PRELIMINARY (CONSENT CALENDAR ITEM 3D) SUBDIVISION Josey Glenn Preliminary Subdivision No. SU-88-1 . AUTHORIZATION to set May 17, 1988, as the public meeting date to consider the Hearing Examiner ' s recommendation of conditional approval of the Josey Glenn preliminary sub- division for nine residential lots. The subject property is located on the southeast corner of S.E. 232nd and 112th Avenue S.E. 5 - April 19, 1988 CONDITIONAL Goodwin Professional Center No. CE-87-5 Appeal. USE APPEAL This hearing was postponed to this date by City Council action on April 5, 1988. The hearing will consider an appeal of the Hear- ing Examiner ' s denial of Goodwin Professional Center conditional use permit No. CE-87-5. The request was for a conditional use permit to allow retail uses for up to 50% of a planned development in the O Professional and Office Zoning District. The subject property is located on the east side of 104th Avenue S.E. south of S.E. 248th Street. Greg McCormick of the Planning Department des- cribed the area. Upon White ' s question, Harris noted that although the Planning Commission was to report to the Council regarding addi- tional commercial zoning on East Hill, the Council ' s resolution regarding 20% reduction of multifamily zoning is delaying any changes to the East Hill Plan. Mayor Kelleher clarified that Resolution 1123 in effect, stopped any ongoing work on the East Hill Plan until the multifamily reduction proposal had been resolved. He pointed out, however, that a majority vote of the Council could forego the provisions of a resolution. White noted that the area con- tinued to grow even though work on the plan had halted. The Mayor declared the public hearing open. Robert West, attorney for the Goodwins, noted that 50% retail use in Office zoned property is permitted by the Zoning Code under a con- ditional use. He described the limited com- mercial uses proposed for this complex, noting that the Goodwins had potential tenants for such retail activity. He noted that limited commercial businesses which might be used by employees of the area, such as a barber shop or a deli are shown in the Zoning Code. WHITE MOVED to continue the hearing to May 3 to allow time to study the concerns listed by the appellant. Houser seconded. Dowell noted that West ' s notice of appeal showed a list entitled "Assignment of Errors" and asked if the Hearing Examiner had addressed this. It was determined that the applicant had not asked for reconsideration by the Hearing Exam- iner but had appealed directly to the Council . - 6 - r April 19, 1988 CONDITIONAL Dowell opined that the Council should hear USE APPEAL the Hearing Examiner' s answers to the allega- tions in the appeal letter. It was deter- mined that the Council could ask for input from staff or from the Hearing Examiner. Driscoll suggested that this could be referred to the Hearing Examiner as a reconsideration, in which case she would provide a written response. White withdrew his motion, and MOVED to close the public hearing and to remand the matter to the Hearing Examiner for her written response to the issues . Houser concurred and seconded this motion, which then carried unanimously. STREET VACATION Brutsche Street Vacation No. STV-88-1 . This date has been set for a public hearing to consider the petition of Leo and Norma Brutsche to vacate portions of North 2nd Avenue, North 3rd Avenue and two adjacent alleys. Proper legal notice has been given by the City Clerk. µ The Planning Department has recommended that the vacation be approved with the condition that the City be compensated at half of the full appraised value of the area being vacated. Harris noted that these were "paper" streets only, which had never been developed. Jerry Klein, attorney for the Brutsches , showed a sketch, pointing out that portions of these same streets and alleys had been vacated in 1964, under Ordinance 1265. He stated that J compensation to the City was not required then, and asked that the City not make this con- dition a part of the approval. City Attorney Driscoll determined that Ordinance 2333 pro- viding for such compensation states that com- pensation may be required, based upon the -•• administrative costs of the street vacation. Dowell suggested that the City negotiate the costs with the applicants . WHITE MOVED to close the public hearing. Biteman seconded. Motion carried. BITEMAN MOVED to approve street vacation No. STV-88-1 conditioned upon the payment of $100 for administrative costs and for the City Attorney to prepare the necessary ordinance upon receipt of such funds. Mann seconded. - 7 - April 19, 1988 STREET VACATION Upon further questions, McFall suggested that $100 would not cover the City 's costs and Biteman and Mann agreed to change the motion to reflect that the City be compensated for "out of pocket" expenses, to be determined. The motion carried unanimously. PARKS AND Kent Commons Alterations. Two bids were RECREATION received on April 14 for the Kent Commons Alteration Project with HBI Construction Ser- vices being the low bidder. The department and architect recommend award of the construc- tion contract to HBI Construction Services in the amount of $18, 488. 60 for the following: Base bid $15, 654 . 50 Alt. 1 1 , 749. 60 Alt. 2 654 . 50 Alt. 3 430 . 00 Total $18, 488. 60 DOWELL SO MOVED. Houser seconded. Upon White ' s question, McFall noted that this is well below the architect ' s estimate. The motion then carried. PERSONNEL (CONSENT CALENDAR ITEM 3M) Lead Mechanic Position. APPROVAL of the reclassification of the Maintenance Supervisor position in the Equipment Rental section of Public Works to that of Lead Mechanic, as approved by the Public Works Committee and Personnel Department. FINANCE (CONSENT CALENDAR ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through April 21 , 1988 after auditing by the Operations Committee at its meeting at 8: 30 a.m. on April 29 , 1988 . Approval of checks issued for vouchers: Date Check Numbers Amount 3/4/88 58867 - 58868 $ 64,418.42 3/15/88 - 3/25/88 59366 - 59399 947.886.75 3/13/88 59415 - 59812 672,418.53 Approval of checks issued for payroll: Date Check Numbers Amount 4/5/88 102520 - 103116 $610,399.28 8 - April 19, 1988 REPORTS Council President. White announced that City staff will meet informally with Salt Air Hills residents at the Marcus Whitman Presbyterian Church at 7: 00 p.m. on April 25 . Council- members are invited to attend. White stated that the Council would meet with Lyle Sumak at the Red Hen Pantry at 5: 30 p.m. on April 26 . White reported that he and Councilmember Mann, along with Mayor Kelleher and City Administrator McFall, had attended the National League of Cities meeting in Washington D.C. As a member of the steering committee, he attended trans- portation and communications meetings. He noted that the number one issue was concern over the future of the Federal Highway and Transportation programs . Paul Mann noted that he had attended workshops on energy, natural resources and community and economic development. He pointed out that he had tapes from these sessions and would make them available for other Councilmembers . Parks Committee. Dowell noted that the Com- mittee would not meet in April, and that the next meeting will be on May 25 . Administrative Reports. McFall announced that the Kent Planning Department has received a Merit Award from the American Planning Associ- ation and the Planning Association of Washington for the work done on the multifamily density issue which is currently before the Council . A formal presentation will be made at a future Council meeting. ADJOURNMENT The meeting was adjourned at 8: 45 p.m. Marie Jens n, CMC City Clerk 9 - �0 Kent City Council Meeting Date May 3, 1988 Category Consent Calendar 1. SUBJECT: CENTENNIAL COMMITTEE APPOINTMENT 2 . SUMMARY STATEMENT: Confirmation of Mayor Kelleher ' s appointment of Russell Dunham to the Centennial Committee to replace Steve Harris . 3 . EXHIBITS• _ 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 . 3C OFFICE OF THE MAYOR DATE: April 25, 1988 TO: Jim White, City Council President City Council Members FROM: Dan Kelleher, Mayor SUBJECT: CENTENNIAL COMMITTEE APPOINTMENT For your information, I have appointed Russell Dunham to the City of Kent Centennial Committee, effective April 1988. Mr. Dunham will fill a vacancy of the five member Centennial Committee. 2602A-07A Kent City Council Meeting Date May 3, 1988 Category Consent Calendar 1. SUBJECT: ORDINANCE FOR REZONE OF KANTOR RECREATIONAL VEHICLE PARK 2. SUMMARY STATEMENT: Adopt Ordinance No. rezoning Kantor Recreational Vehicle Park from M2, limited industrial, to MRM, medium density multi-family residential, with certain conditions as approved by the Council at its meeting on April 19, 1988 . 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: City Council (Committee, Staff, Examiner, Commission, etc. ) _- 5 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No . 3D ORDINANCE NO. ij it AN ORDINANCE of the City of Kent, Washington, relating to land use and zoning, providing for the rezoning with conditions of approximately fourteen (14) acres located on the north side of South 262nd Street and bounded to the east by Puget Power 6 Light Company right-of-way and the west by SR 167 from M2, Limited Industrial to MRM, Medium Density Multifamily Residential. WHEREAS, an application for a rezone of Kantor Recreational Vehicle Park was filed on January 21, 1988 for the property described in the attached Exhibit A and incorporated herein by this reference; WHEREAS, the applicant requested that the property be rezoned from M2, Limited Industrial to MRM, Medium Density Multifamily Residential; and WHEREAS, the Hearing Examiner held a public hearing to consider the rezone of the property on March 16, 1988; and WHEREAS, following the public hearings and consideration of reports and testimony submitted into the record on the proposed rezone and the staff recommendation, the Hearing Examiner for the City of Kent rendered her findings, conclusions, and recommendations for conditional approval on March 30, 1988, in Kantor Recreational Vehicle Park: Findings and Recommendation of the Hearing Examiner for the City of Kent; and WHEREAS, on April 19, 1988, a hearing was held before the City Council at 7 o'clock p.m., in the City Hall of the City of Kent, upon proper notice given; NOW, THEREFORE, -• THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1 . The findings, conclusions, and conditional recommendations of the Hearing Examiner as set forth in Kantor Recreational Vehicle Park: Findings and Recommendation of the Hearing Examiner for the City of Kent, which is on file with the Kent City Clerk, are hereby adopted and the findings, conclusions, and conditional recommendations are concurred with for this site. Section 2. Zoning for this cite, generally located at the north side of South 262nd Street and bounded to the east by a Puget Sound Power s Light Company right-of-way, and on the west by SR 167, and legally described in attached Exhibit A, incorporated by this reference, is hereby changed from M2, Limited Industrial, to MRM, Medium Density Multifamily Residential. Section 3. The rezone is subject to the following conditions as set forth in the findings and recommendations of the Hearing Examiner for the City of Kent as referenced above: A. The developer shall execute a signal participation agreement for the future construction of a traffic signal system at the intersection of the northbound on-ramp of SR167 and South 277th Street. B. Approval of this rezone is tied directly to the Kantor RV Park site and landscape plan submitted ` as a part of the application. Any significant changes to the plans will require a new public hearing. Section 4. Effective Date . This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. DAN KELLEHER, MAYOR ATTEST: MARIE JENSEN, CITY CLERK APPROVED AS TO FORM: SANDRA DRISCOLL, CITY ATTORNEY -2- rjT0 Kent City Council Meeting Date May 3 , 1988 C Category Consent Calendar 1. SUBJECT: ORDINANCE FOR KANTOR RECREATIONAL VEHICLE PARK COMBINING DISTRICT 2 . SUMMARY STATEMENT: Adopt Ordinance No. approving the Kantor Recreational Vehicle Mobile Home Park Combining District to allow development of a recreational vehicle park with certain conditions as approved by the Council at its meeting on April 19. 1988 . 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: City Council (Committee, Staff, Examiner, Commission, etc. ) 5 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3E ORDINANCE NO. _ AN ORDINANCE of the City of Kent, Washington, relating to land use and zoning, approving a mobile home park combining district with conditions for approximately fourteen (14) acres generally located on the north side of South 262nd Street and bounded to the east by Puget Sound Power & Light Company right-of-way and on the west by SR 167. (CD-MHP-88-1) WHEREAS, an application for a mobil home park combining district was filed on January 21, 1988, for the property described in Exhibit A, and incorporated herein by this reference; and WHEREAS, the Hearing Examiner held a hearing on March 16, 1988, on the application for a mobile home park combining district -- to allow the development of a recreational vehicle park; and WHEREAS, following the public hearings and consideration of reports and testimony submitted into the record on the application for the mobile home park combining district and staff recommendations, the Hearing Examiner for the City of Kent rendered her findings, conclusions, and recommendations for conditional approval on March 30, 1988, in Kantor Recreational Vehicle Park: Findings and Recommendation of the Hearing Examiner for the City of Kent; and WHEREAS, a hearing was held before the City Council on April 19, 1988, at 7 o'clock p.m. in the City Hall of the City of Kent, on proper notice given; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1 . The findings, conclusions, and conditional recommendations of the Hearing Examiner as set forth in Kantor Recreational Vehicle Park: Findings and Recommendation of the Hearing Examiner for the City of Kent, CD-MHP-88-1, which is on file with the Kent City Clerk, are hereby adopted and the findings, conclusions, and recommendations with conditions are concurred with for this site. Section 2. The application for the Kantor Recreational Vehicle Park mobile home park combining district is granted subject to the following condition: A. The property shall be developed substantially as shown on the plan submitted with the application. Major revisions from the plan shall be returned to the Hearing Examiner for further review. 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 PASSED the day of , 1988. 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 hereo indicated. (SEAL) MARIE JENSEN, CITY CLERK 5670-190 -2- 1- Y Kent City Council Meeting Date May 3, 1988 Category Consent Calendar 1. SUBJECT: 1985 SANITARY SEWER REBUILD 2 . SUMMARY STATEMENT: Accept as complete, the contract of Shoreline Construction for the 1985 Sanitary Sewer Rebuild Project and release of retainage after receipt of the necessary releases from the state. 3 . EXHIBITS: A memorandum from the Director of Public Works and an excerpt from the Public Works Committee minutes 4 . RECOMMENDED BY: Staff and Committee (Committee, Staff, Examiner, Commission, etc. ) 5 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3F DEPARTMENT OF PUBLIC WORKS APRIL 28, 1988 TO: MAYOR KELLEHER AND CITY COUNCIL FROM: DON WICKSTROM 4/"`-' RE: 1985 SANITARY SEWER REBUILD The project was awarded to Shoreline Construction in October, 1986 for the bid amount of $843 , 491.95. Notice to proceed was given in February of 1987. ~ The project consisted of rebuild of sanitary sewer mains in various locations throughout the City as detailed on the attached map and associated storm drainage, water main and street improvements. A budget established for the project in the amount of $1, 151, 966 of which $ 999 , 368 has been spent to date. Construction costs were $856. 476.89. It is recommended the contract be accepted as complete and the retainage released after receipt of the necessary releases from the State. v I) 84 LOCATION - 14 lift (Pg. 24) N �H „ 214 I J0 =_ LOCATION-II (Pg. 20) s im IT LOCATION- 12 1 ) '~ ( Pg. 21) 2, 12 LOCATION - 10 " . \ (Pg. 19) r 11 c 12» T CONNECT S SEWUM LOCATION - 8 QL (Pq. 14) t. ! , Try LOCATION - 13 J (Pg. 22 &23) t S IT AT �1 i� i i •' - -----�.5�191 '12 12' 1 24 19 LOCATION- I-r (Pg. 27 ) LOCATION - 9 - ro.. Iri_ IA1 �— LOCATION- 17 l (Pg. 27 ) LOCATION - 9 ( Pg. 15— 18) LOCATION — 21 (Pg. 32 8 33) ASANDON is a; /B LOCATION - 20 (Pg. 31 ) LOCATION - 16 . ".."' ( Pg. 26 ) 6 r i � Itr I � ,, • r w r • f I7\ '' o..�� - LOCATION - 19 i � _ .. wee■E• it ' ( Pg. 30 ) _ t r LOCATION - 7 (Pg. 13 ) _. [: 4 Is ` LOCATION - 18 R (Pg. 28 8 29) 23 14r r LOCATION- 6 72 (Pg. 11 8 12 ) 24 /9 25 30 LOCATION - I (Pg. 4—5) LOCATION - 5 ( Pg. 9 8 10) LOCATION - 4 (Pg. 8 ) LOCATION - 3 --(Pa. 7 ) Kent City Council Meeting Date May 3. 1988 Category Consent Calendar 1. SUBJECT: DEL WEBB SANITARY SEWER PUMP STATION 2 . SUMMARY STATEMENT: As approved by the Public Works Committee, authorization to transfer $18, 400 from the Unemcumbered Sewer Funds to the project fund to cover cost overruns in project. 3 . EXHIBITS: Except from the Public Works Committee minutes _ 4. RECOMMENDED BY: Staff and Committee (Committee, Staff , Examiner, Commission, etc. ) 5 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3G Public Works Committee April 26, 1988 Page 2 Willis Street Improvements Wickstrom commented the City has a UAB grant for the Willis Street Improvement project which will improve Willis Street from 4th Avenue to Central making it a four lane facility. We anticipate advertising the project this summer. The State has budgeted an overlay of Willis Street in 1989 . We have negotiated with the State to contribute their overlay funds of approximately $140, 000 to the City so we can include the overlay work in our project. The State Highway Commission will review the proposal the first part of May and we will need authorization for the Mayor to sign the agreement once it is prepared. The Committee approved the request. LID 316 - 94th Avenue Water Main - Segregation of Assessment Wickstrom explained that one 5-acre tract included in the LID has been split into four lots and they are requesting the assessment be segregated and distributed over the four lots. The Committee approved authorizing the City Attorney to prepare the resolution. Del Webb Sanitary Sewer Pump Station Proiect The project included the rebuild of the pump station on 132nd and Kent Kangley. The project was awarded with less than a 100 contingency. An engineering consultant billing used up the contingency and project was overrun by $18 , 400 . Wickstrom recommended that amount be transferred from the unencumbered sewer funds to balance the project fund. The Committee concurred. Burlington Northern Petition for Increase in Speed Limit Wickstrom stated this was on the agenda to let Council know there is a hearing on Burlington Northern' s request to increase the speed limit. Brent stated that Mayor Kelleher will be at the hearing. Biteman inquired about the number of accidents at the crossings. It was explained that most result when people go around the crossing gate arms . Biteman suggested we contact the railroad asking they place a sign on the crossing gate arm alerting the driver they can not get off the tracks if they go around. Brent stated we could certainly inquire about any additional actions the railroad could take on this matter. Wickstrom added we are working on programming the signals so that when the arms go down, the signals on Central Avenue will not hold the traffic back. Kent City Council Meeting p}� Date May 3 , 1988 Category Consent Calendar 1. SUBJECT: DEL WEBB SANITARY SEWER PUMP STATION 2 . SUMMARY STATEMENT: Accept as complete, the contract with Harlo Construction for the Del Webb Sanitary Sewer Pump Station project and release of retainage after receipt of the necessary releases from the state. 3 . EXHIBITS: Memorandum from the Director of Public Works 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. 3H DEPARTMENT OF PUBLIC WORKS APRIL 28, 1988 TO: MAYOR KELLEHER AND CITY COUNCIL FROM: DON WICKSTROM _ RE: DEL WEBB PUMP STATION The project was awarded to Harlow Construction on July 7, 1987 for the bid amount of $101, 348 . 31. The project consisted of improvements to the sanitary sewer pump station at 132nd and Kent Kangley. Construction costs were $103 , 398. 02 . A project budget was established in the amount of $160 , 000 with project costs paid to date of $178, 380. 12 . The overrun was due to the need to retain a consultant on the project due to its complicated nature. The Public Works Committee has approved a transfer of $18, 400 from the unencumbered sewer funds to balance this project fund. It is recommended the project be accepted as complete and retainage released after receipt of the necessary releases from the State. i Kent City Council Meeting Date May 3, 1988 Category Consent Calendar 1. SUBJECT: WILLIS STREET IMPROVEMENTS 2. SUMMARY STATEMENT: As approved by the Public Works Committee, authorization for the Mayor to sign an agreement with the State to incorporate the State ' s planned 1989 overlay of Willis Street in the City' s Willis Street improvement project. 3 . EXHIBITS: Excerpt from the Public Works Committee minutes 4 . RECOMMENDED BY: Staff and Committee (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. 3I Public Works Committee April 26, 1988 Page 2 Willis Street Improvements Wickstrom commented the City has a UAB grant for the Willis Street Improvement project which will improve Willis Street from 4th Avenue to Central making it a four lane facility. We anticipate advertising the project this summer. The State has budgeted an overlay of Willis Street in 1989 . We have negotiated with the State to contribute their overlay funds of approximately $140, 000 to the City so we can include the overlay work in our project. The State Highway Commission will review the proposal the first part of May and we will need authorization for the Mayor to sign the agreement once it is prepared. The Committee approved the request. LID 316 94th Avenue Water Main - Segregation of Assessment Wickstrom explained that one 5-acre tract included in the LID has been split into four lots and they are requesting the assessment be segregated and distributed over the four lots. The Committee approved authorizing the City Attorney to prepare the resolution. Del Webb Sanitary Sewer Pump Station Project The project included the rebuild of the pump station on 132nd and Kent Kangley. The project was awarded with less than a 10% contingency. An engineering consultant billing used up the contingency and project was overrun by $18 , 400 . Wickstrom recommended that amount be transferred from the unencumbered sewer funds to balance the project fund. The Committee concurred. Burlington Northern Petition for Increase in Speed Limit Wickstrom stated this was on the agenda to let Council know there is a hearing on Burlington Northern' s request to increase the speed limit. Brent stated that Mayor Kelleher will be at the hearing. Biteman inquired about the number of accidents at the crossings. It was explained that most result when people go around the crossing gate arms . Biteman suggested we contact the railroad asking they place a sign on the crossing gate arm alerting the driver they can not get off the tracks if they go around. Brent stated we could certainly inquire about any additional actions the railroad could take on this matter. Wickstrom added we are working on programming the signals so that when the arms go down, the signals on Central Avenue will not hold the traffic back. Kent City Council Meeting Date May 3, 1988 Category Consent Calendar 1. SUBJECT: L. I .D. 316 - 94TH AVENUE WATER MAIN SEGREGATION OF ASSESSMENT 2. SUMMARY STATEMENT: As approved by the Public Works Committee, authorization for the City Attorney to prepare a resolution authorizing the segregation of the assessment of a parcel involved in the LID. 3 . EXHIBITS: Excerpt from the Public Works Committee minutes 4 . RECOMMENDED BY: Staff and Committee (Committee, Staff, Examiner, Commission, etc. ) 5 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: N Council Agenda Item No. 3J Public Works Committee April 26, 1988 Page 2 Willis Street Improvements Wickstrom commented the City has a UAB grant for the Willis Street Improvement project which will improve Willis Street from 4th Avenue to Central making it a four lane facility. We anticipate advertising the project this summer. The State has budgeted an overlay of Willis Street in 1989. We have negotiated with the State to contribute their overlay funds of approximately $140, 000 to the City so we can include the overlay work in our project. The State Highway Commission will review the proposal the first part of May and we will need authorization for the Mayor to sign the agreement once it is prepared. The Committee approved the request. LID 316 - 94th Avenue Water Main - Segregation of Assessment Wickstrom explained that one 5-acre tract included in the LID has been split into four lots and they are requesting the assessment be segregated and distributed over the four lots. The Committee approved authorizing the City Attorney to prepare the resolution. Del Webb Sanitary Sewer Pump Station Protect The project included the rebuild of the pump station on 132nd and Kent Kangley. The project was awarded with less than a 10% contingency. An engineering consultant billing used up the contingency and project was overrun by $18 , 400 . Wickstrom recommended that amount be transferred from the unencumbered sewer funds to balance the project fund. The Committee concurred. Burlington Northern Petition for Increase in Speed Limit Wickstrom stated this was on the agenda to let Council know there is a hearing on Burlington Northern' s request to increase the speed limit. Brent stated that Mayor Kelleher will be at the hearing. Biteman inquired about the number of accidents at the crossings. It was explained that most result when people go around the crossing gate arms . Biteman suggested we contact the railroad asking they place a sign on the crossing gate arm alerting the driver they can not get off the tracks if they go around. Brent stated we could certainly inquire about any additional actions the railroad could take on this matter. Wickstrom added we are working on programming the signals so that when the arms go down, the signals on Central Avenue will not hold the traffic back. Kent City Council Meeting n ,e) Date May 3 , 1988 �[v Category Consent Calendar 1. SUBJECT: PUBLIC WORKS ORGANIZATIONAL CHANGES 2 . SUMMARY STATEMENT: As approved by the Public Works Committee, authorization to change a part-time Accounting position in Engineering to full time and to reclass a vacant Administrative Assistant position in the Operations Division to that of Administrative Assistant I and to fill that position. - 3 . EXHIBITS: Excerpt from the Public Works Committee minutes and supporting documentation 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff , Examiner, Commission, etc . ) 5 . EXPENDITURE REQUIRED: $ ATTACHED SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3K PUBLIC WORKS COMMITTEE APRIL 26, 1988 PRESENT: JON JOHNSON GARY GILL BERNE BITEMAN TIM HEYDON DON WICKSTROM MIKE LEDBETTER BRENT MCFALL JEWEL MELTON _ Request for Sidewalks from 104th Down S.E. . 236th Place and 105th Place S.E. Between S .E. 236th Place and S.E. 237th Street A video tape of the area was shown to the Committee demonstrating the areas that do not have sidewalk. Biteman asked what the cost of installing sidewalks in these areas would be. It was calculated the section on 104th would be approximately $2,500 and the portion on 105th would be approximately $1,500. Wickstrom suggested if the Committee wanted to pursue the installation of the sidewalk, we could contact the property owners to determine if they would be willing to pay for the improvements. Biteman suggested we contact the property owners of those portions on 104th and perhaps offering to share the cost. Johnson countered he would contact the property owners and if they did not have any interest in paying for the sidewalk then it not be put in since there is a sidewalk on the other side of the street. Johnson added he would be more willing to participate in the costs for the portion on 105th. Mrs. Melton offered the names of the property owners of the 104th portion. After further discussion, Biteman moved a letter be written to the commercial property owners for the 104th portion stating we have received a request for sidewalk, indicate the approximate costs, ask if they are interested in pursuing the project and follow the letter up with a phone call. The Committee approved. Public Works Operations/Administration Division Organizational Changes Wickstrom explained that a review of the organizational structure of the Operations Division has been done indicating that a currently vacant administrative support position could be reclassed to a lower level, the budget responsibilities could be transferred to the Public Works Accountant and the part time accounting clerk position could be increased to full time. This would provide better accounting control for the department and still provide the necessary administrative support for the Operations Manager. Brent added he has reviewed the proposal and feels it makes better use of the employees and supports the proposal. The Committee approved the request. Biteman raised some questions about the minimum hiring requirements for the City and indicated he would be discussing it further with Personnel. • L-#7QrGutICV� �J.C; DEPARIMENP OF PUBLIC WORKS MEMO TO: BRENT MCFALL DATE: APRIL 13, 1988 FROM: DON WICKSTROM� SUBTECT: OPERATIONS AD RATION DIVISION ORGANIZATIONAL CHANGES I am forwarding our proposal to you for organizational changes in the Operations Administration Division. I have also attached Mike's comments for your review. If you are in concurrence with this proposal, I would like to present it at the next Public Works committee meeting on April 26th, 1988. Please let me know if you have any questions or further comments. i ..,, CITY OF RENT DEPARTMENT OF PUBLIC WORKS MEMO APR p 7 1988 TO: MIKE WEBBY DATE: APRIL 6, 1988 ENGINEERING DEPT. FROM: DON WICKSTROM Suw=: PUBLIC WORm6S STAFFING CHANGES I am attaching a proposal from Tim Heydon regarding the filling of the position recently vacated by Carol Gagnat-Duran. Please review this proposal and position description and let me ]mow if you feel it is compatible with the results of the classification study. I have had preliminary discussions with Brent regarding these changes and he agrees with the overall concept of the proposal. We are currently short 2 staff members in our Operations Administration Division, and thus, your prompt attention on this matter would be greatly appreciated so that we may proceed in filling this position. Enclosure 776 ""�4 � J �oUG Gct� rTkf� {�� �iY10GV• �y�fGfU MEMORANDUM CITY OF nEiJT DATE: March 29, 1988 APR 0 5 1988 TO• Don Wickstrom WHIRRING DEFT. Director of Public Works FROM: Timothy Heydon Operations Manager SUBJECT: Filling the Position Left Vaca/t by - Carol Gagnat Duran' s Resignation As you know, I have been studying the needs of the Public Works Operations office in light of Carol ' s departure. It is my recommendation that an Administrative Assistant I be hired in her place. The person would perform the following primary functions: 1) Assist in budget preparation and in monitoring budget compliance. 2) The Administrative Assistant I would get the computerized Pavement Management Information System on line by helping with data input. 3 ) The Administrative Assistant I, would get the automated Plant and Equipment Maintenance System into operation. 4) The individual would be responsible for the Records room and placing it in proper filing order. 5) The Equipment Rental/Warehouse computer program could be brought up to speed when it is purchased with the help of this individual . 6) The individual would aide the Operations Manager in putting together various reports, studies and projects as they arise. In looking through the City job descriptions, it appears that the Administrative Assistant I best fits the position. I have attached a copy for your review. Since Carol was being paid at a grade 30 and this new position would be at a grade 22 , there would be a savings in salaries. .,_. Filling of Vacant Position - continued Due to the transfer of accounting duties, the addition of the auditing and accounting system, and budget development responsibilities to Bonnie, she has need for additional accounting , assistance in Public Works accounting within the engineering office. This assistance could be provided by changing the existing part-time accounting clerk position to a full-time position. The savings in salaries on Carol ' s position could be used to supplement the costs associated with the part- time to full-time change. I have also attached a copy of the financial implications for this change. As for the question of needing additional clerical help in our office, I want to work on improving the efficiency and computerization of the existing operation in order to more closely fit the work to the existing number of employees. I will continue to keep you updated on how this program is going. TH/map Attachment: cc: Bonnie Fell CGD.wp CITY OF RENT CLASS TITLE : ADMINISTRATIVE ASSISTANT I BASIC FUNCTION: Under the direction of a division head , performs a variety of responsible administrative support duties ; processes administrative details not requiring the immediate attention of the assigned supervisor . DISTINGUISHING CHARACTERISTICS : The class of Administrative Assistant reports to the head of a large , complex division . The duties and responsibilities are similar to that of an Administrative Assistant II , but encompass division—wide administrative assistance duties . Incumbents assigned to the class are required to exercise tact , independence , judgment and initiative . The Administrative Assistant II positions assume a higher level of responsibility and performs a variety of complex and technical administrative assistance involving an entire department . This class requires a substantial amount of tact , independent judgment and initiative . REPRESENTATIVE DUTIES : Serve as Administrative Assistant relieving the supervisor of a variety of technical and administrative support duties ; serve frequently as liaison between supervisor and the public , management and other City employees . Collect and compile statistical data and other information for inclusion into special and periodic reports ; prepare special reports as necessary ; research and analyze information and establish appropriate report formats ; prepare Board agenda items and back—up materials as required . Assist in the preparation of the division budget ; verify the accuracy of budget information ; monitor budget expenditures . Assist in developing procedures to expedite transmittal of information or facilitate implementation of division services . Coordinates staff input regarding special and periodic reports ; prepare and assemble agenda materials ; review and proof documents , records and forms for accuracy , completeness and conformance to applicable rules and regulations . Attend meetings , seminars , conferences and training as appropriate ; maintain a current understanding of department functions and programs ; represent division as required . ADMINISTRATIVE ASSISTA14T I — Continues' Confer with the supervisor to receive assignments , instructions and information ; maintain appointment schedule as assigned . Conduct independent research and analysis concerning administrative assignments ; evaluate information and recommend alternative courses of action . Assist callers by relaying messages , answering questions , responding to requests , resolving problems , explaining City policies and procedures and referring callers to others as appropriate . Directs the operations of the computerized Pavement Management Information System , including preparation of projections , reports , input of all maintenance data (labor , equipment and materials) relating to all aspects of street maintenance including oiling , overlay , patching , drainage, sidewalks , right—of—way, vegetation control and bridges . Directs the development and operation of the automated Plant and Equipment Maintenance System, including operation of the Query Retrieval System software to provide ad hoc reporting , cost analysis , labor utilization , schedule maintenance activities for all water transmission facilities and provide similar management information and planning reports . Establish and maintain complex, inter—related filing systems such as the plans and records for water , sewer , storm drainage and streets . Prepare a variety of correspondence , memoranda , reports and other material ; record and prepare minutes from a variety of meetings; arrange and schedule a variety of meetings , conferences and travel ; attend meetings as assigned . Operate a variety of office equipment in particular computer terminals and related equipment . Perform related duties as assigned . KNOWLEDGE AND ABILITIES : -- KNOWLEDGE OF: Modern office practices , procedures and equipment . Record—keeping techniques . Budgeting procedures including preparation , monitoring , transfers and reporting . Correct English usage , grammar , spelling , punctuation and vocabulary . City organization , operations , policies and objectives . Oral and written communications skills . Technical aspects of field of specialty. Interpersonal skills using tact , patience and courtesy . Telephone techniques and etiquette . Basic research and analysis and techniques . .� t ADMINISTRATIVE ASSISTANT I — Continued ABILITY TO: Perform administrative assistance and relieve the supervisor of administrative details . Learn to interpret and apply City laws , rules and policies . Type at an acceptable rate of speed . Perform work requiring good analytical skills . Understand and follow oral and written directions . Work confidentially with discretion . Work independently with little direction . Establish and maintain effective and cooperative working relationships with others . Meet schedules and time lines . Plan and organize work . Prepare and edit correspondence and reports . Communicate effectively both orally and in writing . Assemble diverse data nad prepare reports . Maintain inter—related files and records . Learn quickly to apply specific rules , policies and procedures of specific division to which assigned . Operate a variety of standard office equipment including computer terminal or P . C. Analyze situations accurately and adopt an effective course of action . EDUCATION AND EXPERIENCE: Any combination equivalent to : graduation from high school supplemented business training and two years of increasingly responsible administrative support experience . WORKING CONDITIONS : Typical Public Works office environment . -- r SHOPS CLERICAL RESTRUCTURE SCENARIO 11 Classification Division Overall Months/Level Name Credit Salaries Benefits Net Effect Net Effect + over budget OPERATION ADMINISTRATION () under budge♦ 12 46D Pace ($55,283) ($55,283) 11.5 46C Heydon 541,044 $10,671 551,715 2.5 30C Gagnat 9.5 30D ($36,998) 54,810 $1,250 ($30,938) 6 22A New ADM.1 s10,716 2 229 New ADM 1 $3,764 $3,765 518,245 • 6 12A Temporary(Kelly Services) $8,905 $8,905 ($7,356) ENGINEERING ADMINISTRATION 1 178 Storment FT $11661 5432 5 17C 58,715 $2,266 6 123 Storment PT ($13,289) $5,123 $1,332 $6,240 Sal.Cless. Adj. ($666) $333 (5333) $5,907 TOTAL EFFECT ON BUDGET 1+ Over Budget, () Under Budget (51,449) Kelly Person based on a monthly average of 174 working hours for a 6 month period. ........... ..w i XV \ ,5 Kent City Council Meeting Date May 3, 1988 ttt x1 Category Consent Calendar 1. SUBJECT: SANCTUARY NO. 3 FINAL PLAT NO. SU-87-2 2 . SUMMARY STATEMENT: Authorize May 17, 1988, as the date for a public meeting, to consider the Sanctuary No. 3 Final Plat No. SU-87-2 . The site is located at 4802 So. 216th St . between 42nd Ave. So. and Frager Rd. 3 . EXHIBITS: None 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. 3L �Y C Kent City Council Meeting Date May 3, 1988 Category Other Business 1. SUBJECT: APPROVAL OF PLANS TO PROCEED WITH CITY COUNCIL CHAMBERS REMODEL 2 . SUMMARY STATEMENT: The City Council has approved funding of $80,000 in the Capital Improvement Program for the remodel of City Council Chambers . Architects have been selected and schematic design has taken place. It is now time to decide whether or not to proceed with the project based upon the schematic design, cost estimates and review of the Operations Committee. •-• The Committee recommends proceeding with the project, subject to final design approval . 3 . EXHIBITS: Operations Committee minutes, cost estimate, schematic design 4 . RECOMMENDED BY: Operations Committee (Committee, Staff , Examiner, Commission, etc. ) 5 . EXPENDITURE REQUIRED: $80,000 SOURCE OF FUNDS: Capital Improvement Program 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds that the City Council proceed with plans to remodel the City _. Council Chambers and to direct the City Administrator to work with the architect to develop final plans . DISCUSSION: ACTION: Council Agenda Item No. 4A OFFICE OF THE CITY ADMINISTRATOR DATE: April 27, 1988 TO: Mayor and City Council FROM: J. Brent McFall SUBJECT: COUNCIL CHAMBER REMODEL The subject of remodeling the City Council Chambers has been reviewed by the Operations Committee with no consensus being reached on final design. The Operations Committee has instructed me to work with the architect to attempt to resolve such issues as configuration of public seating and location of staff seating in a manner that will be satisfactory. It should be noted that the issue of the seating configuration is one which can be determined almost up to the point of placing orders for furnishings. Therefore, it is not essential that this issue be resolved at the current time. However, what is essential is that we make a decision as to whether or not to proceed with the project. We are having significant problems with the sound system in the room and need to make repairs and replacements. If the Council should decide not to proceed with the remodel project, it will be necessary for us to proceed with a significant effort on the sound system similar to that contemplated in the remodeling project. It should be noted that the most significant elements in the cost of the remodeling project are items such as lighting, sound system, corrections to electrical and HVAC systems, and replacing carpet. These are items that you will probably want to address in the near future even if the room itself is not reconfigured.. I would recommend that you consider this in reaching your decision on whether or not to proceed with the project. I will be happy to answer any questions you might have regarding cost, scope of project, design, or any other matter relating to this project. 2626A-01A OPERATIONS COMMITTEE MINUTES March 15, 1988 COUNCIL 14EMBERS PRESENT: Christi Houser Steve Dowell Paul Mann STAFF PRESENT: Brent McFall Tony McCarthy Rod Frederiksen Norm Angelo May Miller Charles Lindsey OTHERS PRESENT: Jackson Carter, Arai Jackson Architects Dee Moschel , Chamber of Commerce Lyle Price, Kent News Journal APPROVAL OF VOUCHERS All claims for the period ending March 15 , 1988, in the amount of $1 ,133,488.36 were approved for payment. COUNCIL CHAMBER REMODEL Jackson Carter of Arai Jackson Architects, reviewed with the Council the remodeling possibilities for the City Council Chambers. Ile noted that the limitations of the brick wall and the angular shape of the Chamber roof limited the remodeling possibilities. Based on these limitations, he presented a proposal to the Committee that would provide for improved lighting, new carpeting, Council dais with greater room, improved audio system and an improved seating arrangement for the public plus future possibilities for improved video presentations. It was noted that these improvements could be made within the $80,000 amount budgeted in the 1987 Budget. A number of questions were raised by Councilmember Dowell on possibly reducing the _. cost of the remodel by not moving the Council dais but still providing additional Council space. Mr. Carter noted that in his professional opinion there would be nc_ significant savings by using the existing dial with an enlargement and a shift toward the audience. Operations Committee Minutes March 15, 1988 Page 2 Following the response to Councilmemeber Dowell 's questions for which he asked for additional information to be provided at a later date on individual components of the cost estimate, the Committee members reviewed alternative public seating arrangements. Individual Council members favored various proposals, staff facing the public and staff facing the Council . Based upon hearing the individual - • concerns, the architect noted that he would provide some additional alternatives on the seating arrangement. With this input, the Committee unanimously recommended that the item be brought forward to a Council meeting of April 5, with the following additional review by Mr. Dowell on the various components of the cost and with the notation that the final seating arrangement obtain additional review by not only the Council but other groups meeting in the Chambers. Additional options for this will be prepared by the architect. NDING THE POLICE/FIRE TRAINING CENTER Chie Angelo distributed a memorandum to the Committee noting tha ollowing the issuance f the Public Safety Bond Issue in December of 1986, at the regional Police/Fire aining facility anticipated in that bond is a was no longer a viable solution for nei 'boring cities. Based upon this, a dditional $950,000 was needed to complete th Police/Fire Training Faci ity. This amount was incorporated in the 1989 component�O `tie Capital Improve cent Program and this information is being brought to the Council Xntation so that bonding capacity can be reserved for that purpose. _.. Following Chief Angelo' s pras noted by Finance Director McCarthy that the $950,000 amou/nt, had not been set as�d in Councilmanic capacity presentations previ Gsly made to the Council . In he initial discussions of their additional fund it was thought that some kind of un ' ue public/private partnership ould be arranged such that the City's Cound �anic capacity would not be aff ed. When later information showed that this could rl t be the case the ad, tment in the Councilmanic capacity forecast was, inadvertant not adjusted. 14 ✓ Appendix 1: Comparative Remodel Kent City Council Chamber Remodel 8/28/87 Pre-Design Estimate SCHEME 3 REVISED 2/8/88 1. Demolition, dais & bench 400 SF 1.20 $ 480.00 2. Demolition, fixed seating 156 LF 3.00 470.00 Subtotal: Demo $ 950.00 3. Stud wall 810 SF 2.75 $ 2,225.00 4. Counters 5 LF 185.00 925.00 5. Dais, podiumm, clerk, staff 39 LF 160.00 6,240.00 6. Dais, platform, steps 288 SF 2.25 650.00 7. Doors 4 EA 550.00 2,200.00 8. Ceilings 400 SF 1.35 540.00 9. Floor covering 210 SY 21.00 4,410.00 10. Fixed seats 26 EA 250.00 6,500.00 11. Acoustic background @ dais 216 SF . 5.50 1,190.00 12. Rear projector screen 1 EA 1500.00 1,500.00 13. Glazing 222 SF 14.00 3,110.00 14. Repair of surfaces LS 1,500.00 15. Painting 3000 SF .45 1,350.00 ! Subtotal: Finish $32,340.00 16. Changes to HVAC LS $ 1,500.00 17. Electrical & lighting 2400 SF 6.50 15,600.00 Subtotal: Mechanical $17,100.00 Total $50,390.00 Contractor 13% 6,550.00 Contingency 15% 7,560.00 Total $64,500.00 Council chairs 9 600.00 $ 5,400.00 . Conference chairs 18 275.00 $ 4,950.00 Conference tables 2 1600.00 $ 3,200.00 Stacking chairs 88 80.00 $ 7,040.00 Video Allowance $52,525.00 i Audio Allowance $24,000.00 i if I I co rl I zQ � Z Q y3 d uj Z LU y J lop Q i o00r n .•x y R E P O R T S i A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTEE Vy i D. PLANNING COMMITTEE e E. PUBLIC SAFETY COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS PUBLIC WORKS COMMITTEE APRIL 12 , 1988 PRESENT: Jon Johnson Tim Heydon Judy Woods Jim Hansen Don Wickstrom Jack Spencer Brent McFall Fred Satterstrom Gary Gill Carol Proud Sandra Driscoll Carol Thompson - Metro Ken Morris Surplus Equipment Wickstrom reviewed the list of equipment to be declared surplus and sold at auction. He added that the City of Snohomish is interested in purchasing the vibratory roller. He requested the equipment be offered for sale at state auction with the exception that the vibratory roller be sold to the City of Snohomish at its appraised value. The Committee concurred with the request. Lead Mechanic Wickstrom explained the position of Maintenance Supervisor in Equipment Rental has been redefined to that of lead mechanic which better meets the division's needs by putting more mechanics on the floor. The Committee concurred with the redefinition. LID 333 Traffic Signal 72nd and S. 180th Street Wickstrom explained the process that has been taken in developing the LID boundary. There have been several ' 'meetings with the property owners. It appears the project is now acceptable to the majority of the property owners within the project boundary. The area is zoned industrial but there is one remaining single family residence within the boundary. Johnson asked if the signal would be interconnected with the one at 180th and WVH. Wickstrom responded it would be interconnected with the City' s system. The Committee approved proceeding with the creation of the LID. Public Works Committee April 12 , 1988 Page 2 LID 334 - Derbyshire *7 Sewers Wickstrom explained some of the septic systems in the area have failed and at least one resident has been evicted by the Health Department. The property owners in the area have requested the LID and almost all are supportive of the project. Wickstrom commented that in conjunction with this project the City would be participating with the replacement of an old water main in the area and an overlay of the street . The Committee approved of proceeding with the formation of the LID. LID 297 - Meeker Street Improvements Wickstrom reminded the Committee that when the LID was finalized it was done so knowing there was an outstanding claim the amount of which we did not know at the time. It now appears the claim will be settled for approximately $75 , 000 . There are some funds remaining in the project budget but will require an additional $32, 000 to settle the claim. Wickstrom recommended that amount be transferred from the unencumbered sewerage fund. The Committee concurred with the request. Clark Springs Building Improvements Wickstrom explained that in reviewing the status of the project, it was determined that some work. had been approved by the former Operations Manager which would overrun the budget. It appears the project fund is $47 , 000 short. Wickstrom recommended that amount be transferred from the unencumbered water utility fund to cover this overrun. The Committee concurred. County Wide Road Funding Wickstrom commented this is an informational item. Woods commented that information had been received on this item under separate cover as well. Wickstrom explained the County is looking at a County wide bond issue . Involved in that , will be the establishment of a board of elected officials from various communities. Public Works Committee April 12 , 1988 Page 3 TSM (TMP) Ordinance Morris distributed a memo to the Committee (copy attached) detailing background information on the development of this ordinance. Morris explained work has been taking place on the development of the ordinance for about eight months. Since the initial presentation to the Council, the ordinance has gone through revision by the legal department and staff resulting in this current format (copy attached) . Morris commented the requirements of the ordinance should help in relieving traffic congestion. Morris continued that the basic recommendation would be for the Council to consider carpooling and transit useage as a method of relieving the demand on the transportation system. Morris commented further it is planned to present this version of the ordinance if acceptable to the Committee to the Chamber of Commerce and to VATA. Comments from those organizations will be brought back to the Committee for further direction. Woods commented she thought the present format was very positive. She suggested a copy of the memorandum also be given to the other members of the Council. Jim Hansen suggested also that some additional time could be spent with those Council members who had expressed initial strong concerns. McFall noted that in the process of the West Valley Study this issue was addressed by the Planning Commission. Hansen suggested also that a time line for review of the ordinance be developed. Johnson suggested that was a good idea and Woods added that the time line be sent to the Council members as well as notification that the Public Works Committee considered it this date and concurred that the process should continue. Morris introduced Carol Thompson of Metro who has been very helpful to the Task Force during the process of developing the ordinance. Ms . Thompson complimented the effort that has been expended in developing the ordinance. She commented that other jurisdictions in the area are addressing this issue as well. She offered her services for resource and support. Morris added that Metro has been willing to assist with the monitoring and administrative work required in the ordinance. Additionally, Metro has contributed funds for bus pullouts on WVH. Public Works Committee April 12, .1988 Page 4 South King County Regional Water Association Wickstrom commented that in conjunction with the development of the Critical Water Supply Plan for the South King County area, a ground water management study is being done and will eventually develop proposed legislation on protection of the aquifers . Kent' s comprehensive water plan is being updated for this and will be presented to the Council soon. There are three subcommittees working on the ground water management study one of which is the Public Involvement Committee chaired by John Sawyer formerly of Federal Way Water and Sewer District. This subcommittee has developed a technical demonstration which they would like to present in Kent. Tentative plans are to hold this in conjunction with National Public Works Week on May 16. Other Items Woods requested some information on the Victoria Ridge project so that she could respond to concerns of residents of Carriage Row. There was a brief discussion regarding the activity with the development and McFall indicated he would develop the information for her. k . 12-Apr-BB MEMO T0: Public Works Committee FROM: Trarsportation Systems Management Task Force RE: Transportation Management Program Ordinance The Transportation Systems Management (TSM) Task Force has developed a Transportation Management Program in accordance with recommendations of the West Valley Industrial Study. Due to the fact that the City Council has placed a high priority on targeting transportation problems within the City of Kent, we believe that this issue is very important in helping to resolve the problem of traffic congestion. The following is a list of reasons why the Task Force feels it is important to adopt a TMP program within the City of Kent. 1 . The West Valley Industrial Study concluded that due to increasing densities of. developments in the industrial area, the City of Kent will experience an increase in the amount of traffic generated from these developments. 2. Approximately 900000 additional daily vehicle trips will be added on the City of Kent Transportation System based on the increased densities in the West Valley area. 3. The additional trip generation due to increased densities in the industrial area would result in the need for two additional east/west corridors. 4. Due to funding limitations, it would be virtually impossible to build two additional east/west corridors in additional to the three east/west corridors already planned. 5. Continued growth in the industrial areas will adversely impact pea{: hour transportation capacity of arterial streets and public highways as outlined in the City of Kent Master Transportation Plan and the West Valley Industrial Plan. b. However, by encouraging ridesharing and transit usage, the City of Kent will experience less automobile demand thereby resulting in fewer automobile emissions, reduction in automobile accidents, reduction in automobile fuel consumption and improvement ' of the overall safety for the motoring public-'-'.;;: 12-Apr-BB 7. City staff would therefore recommend that the City Council consider the usage of carpooling and transit usage as a method of relieving the demand on the transportation system now and in the future. We would also ask for comments from the City Council on the latest version of the Transportation Management Plan Ordinance. We would also recommend that this version of the TMP Ordinance be presented to the Chamber of Commerce and VATA if the current version is acceptable to the City Council . Once public input is received from the Chamber and VATA, the TMP Ordinance will be brought back to the Public Works Committee for further direction. KENT PLANNING DEPARTMENT November 23 , 1987 MEMO TO: FRED SATTERSTROM FROM: CAROL. PROUD`-Y RE: TMP ORDINANCE PROJECT REVIEW The attached chart includes all developments within the M1, Industrial Park, M2, Limited Industrial, and M3 , General Industrial, zoning districts that were reviewed 'in light of SEPA provisions in 1987 . The following figures summarize the number and the extent projects would be required to comply with the proposed TMP Ordinance. 1. Total number of 'projects reviewed = 27 2 , Number of projects required to submit annual TMP report = 21 3. , Number of projects required to post and distribute information only = 8 4 . Number of projects required to provide transportation coordinator and financial incentives 5. Number of mixed-use projects = 10 6. Number of projects exempt from TMP = 5 The Ordinance requires transportation coordinator services based on one FTE coordinator per 1, 000 employees. If a project were determined to have 50 employees (the minimum requiring such services) then five percent of a FTE coordinator would be required or two hours per week of coordinator services. The program targets an eventual reduction of employee peak hour trips by 20 percent. Therefore the maximum amount an employer will be required to provide financial incentives is $15 x 20 percent of the total number of employees per month. In the 50 employees scenario the maximum amount of financial incentives required annually would be $1, 800. tmpord.cp cc: Hansen 1 TRANSPORTATION MANAGEMENT PROGRAM REQUIREMENTS APPLIED TO 1987 SEPA PROJECTS , No Post Distribute Transportation Preferential Financial Protect Name V= StaSF R@suirements Information Information Co-Ordinator -Parkins Incentive CPS Continental N/WH 140,330 X X X X X KMD Incorporate M/WH 22,500 X X Bisold Floor Covering M.U. 21,894 X X X X X Burger King RET 3,300 X Anderson Commercial Center M.U. 48,000 X X X X X Neumeier Industrial Park M/WH 23,500 X X Boeing 7-59 Building M/WH 26,400 X X Little Deli Mart M.U. 11,800 X X Hill Industrial Park M.U. 62,670 X X X X X Green River Square , RET 270,000 X X X X Fevre M/WH 14,490 X Herbert/Bisold` M.V. 11,274 X X Northward Business Park M/WH 100,000 X X X X X East Valley Plaza H.V. 32,500 X X X X X Light House Mini-Storage _ 66,295 X. Perk 234.. M.U. 250,000 X X X X X KGM Addition M/WH 10,460 X Van Doren's Canter M.U. 250,000 X X X X X .228th Mini- Storage 34,900 X . Exotic Metals 'M/WH 22,319 X X Sound Warehouse H.U. 49,125 X X X X X Turner i Pease Company M/WH 22,500 X X - Mill Creek Dist. Center M/WH 216,000 X X X X X Goodwin Professional Center M.U. 21,140 X X X X X 228th Building M/WH40,000 X X Schafer Development M/WH 125,985 X X X X X - Dunn Building M.U. 11,970 X P.O. - Professional/office M/WH - Manufacturing/Warehouse RET - Retail M.U. - Mixed Use carolfol - ORDINANCE NO. AN ORDINANCE of the City of Kent, . Washington, establishing a Transportation Management Program; and adding a new Chapter 12.15 to the Kent City Code. WHEREAS, the City maintains a Transportation Management _. System consisting of arterials, streets , highways, and boulevards, public improvements, plans, and authorities to provide for and regulate its System; and WHEREAS, the City Council has placed a high priority on transportation and targeted problems associated with transportation in Resolution Nos. 1130, 1047, and 1158 calling for recovery of public improvement costs and transportation capacity losses associated with development inside and outside the City of Kent; and WHEREAS, on February 17, 1987, the Kent City Council adopted Resolution No. 1128 amending the Comprehensive. Plan and adopting the West Valley Industrial Plan which establishes a nexus between industrial development in M1 , M2, and M3 Zoning Districts and needed Transportation System improvements and programs ; and WHEREAS, by such plans the City determines that continued growth in M1 , M2, and M3 Zoning Districts adversely impacts peak hour transportation capacity of affected arterials, streets, „• public highways, and boulevards ; and WHEREAS, the West Valley Industrial Plan identifies the industrial employment centers as the generators of peak hour trips and capacity loss to the City ' s Transportation Management System, and provides for objectives to reduce traffic congestion in the West Valley Industrial Area, including programs for ride sharing and public transit use; and WHEREAS, the Council recognized and adopted as a part of its Transportation Management System, certain standards and provisions of King County and Municipality of Metropolitan Seattle Plans and requirements which do not otherwise expressly conflict with the City' s transportation plans , policies, and authorities; and I WHEREAS, through these plans the Council has established a policy that the private sector should be encouraged and/or required to develop employee related transportation programs, such as ride sharing, transit use, and flex-time to reduce and avoid Transportation Management System impacts in part serving to mitigate the need for future public improvements and capacity service levels; and WHEREAS, this Ordinance shall apply to new development and improvements to existing structures for which the City grants permits or land-use clearances are sought or for development which is not otherwise subject to the Washington State Environmental Policy Act (SEPA) requirements; and WHEREAS, the City of Kent, pursuant to KCC Chapter 12.12A, provides for policies and plans as supplemental substantive environmental authorities pursuant to SEPA to provide for the public health, safety, and welfare; and WHEREAS, it is also the desire of the Kent City Council to incorporate the provisions of this Ordinance as an enforceable environmental policy for purposes of Chapter 43.21C RCW and KCC 12.12A; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1 . A new Section 12.15 is added to the Kent City Code as follows: 12.15. TRANSPORTATION MANAGEMENT PROGRAM. 12.15.010. Impacts to Transportation Management System The Council finds that continued economic growth and development and new employment opportunities in the City of Kent, including development on the valley floor in designated M1 , M2 and M3 Zoning Districts adversely affects the City Transportation - Management System including peak hour transportation capacity of the City's system. Such impacts occur in use of arterials, streets, public highways and boulevards as detailed in Kent's West Valley Industrial Plan, the City of Kent's Comprehensive Plan, Master Transportation Plan and other City adopted transportation policies and plans . The Council finds that through such plans and policies that Zoning Districts other than Ml , M2, - 2 - ,;3 i and M3 do not produce the same level of adverse system impacts caused by development and growth in the City as do Ml , M2, and M3 zones. Other Zoning Districts and the impact of new development in such Districts upon peak hour system capacity are under study and may be covered by amendments to this Ordinance at a later time. The Council further finds that new industrial developments, including existing structures seeking improvements , requiring City permits or land-use clearances will attract new employees within Ml , M2 and M3 zoning districts unlike other zoning districts. These employees will generate significant single occupancy vehicle trips thereby contributing to traffic congestion, air pollution and energy consumption among other things. Mitigation measures and provisions of this Ordinance will alleviate in part the loss of peak hour system capacity and acceptable levels of service to the City's Transportation Management System. Public transit, ride sharing, commuter pool , and "flex time" employer programs as developed by the Municipality of Metropolitan Seattle (METRO) and other cities are relatively simple, inexpensive, and effective means for reducing peak hour single occupancy vehicle trips which have been identified as the principal cause of traffic congestion, loss of peak hour transportation capacity, and need for presently - planned and future transportation infrastructure improvements. Developers, either as landowners and/or employers, have a responsibility to reduce the number of employee SOV peak hour trips, extend the life of the City's Transportation Management System, and help restore lost capacity to the City's Transportation Management System caused by their development. The requirements of this Chapter are supplemental to and not in lieu of public improvement requirements provided under Kent City Code Chapter 4.14 and Kent City Code Titles 12, 13, 14, and 15. 12.15.020 Purpose and Goals. 1 . The purpose of this Ordinance is to: a, reduce peak hour traffic congestion and lost transportation system capacity caused by anticipated and actual growth and development through the reduction of the number of ., single occupancy vehicle (SOV) trips associated with new development in Ml , M2, and M3 zoning districts, including improvements to existing structures requiring City permits; b, mitigate adverse traffic impacts associated with increased SOV trips and traffic congestion by requiring all 3 _ new industrial development and existing development to the extent improvements or expansion is sought to be responsible for providing facilities and incentives to their employees or tenants to encourage greater participation in ride sharing, transit (public and private transportation providers) , "flex time" , and other employee-related programs Large developments will be expected to accomplish a higher percentage SOV reduction than small developments; and c. protect the public 's health, safety, welfare and the environment and to lower public sector and social costs associated with traffic congestion by providing for the establishment and maintenance of sound planning and decision-making practices for carrying out a range of Transportation System Management actions and incentives. d. mitigate impacts upon specific City Transportation Management System protects and elements that are the direct result of proposed development which the City has identified in its Comprehensive Plan Master Transportation Plan, and West Valley Industrial Plan relating to transportation impacts as a consequence of industrial development in MI , M2, and M3 Zoning Districts whether or not such consequences or direct impacts are identified in an environmental document prepared under the State Environmental Policy Act, RCW 43.21C. 2. The provisions of this Ordinance applies directly to new and existing development as is permitted by law; and, further it is incorporated into environmental policies for purposes of RCW 43.21C.060 and RCW 43.21C.120;_ and KCC 12.12A.510.D.3. , as enforceable environmental policies, plans, and regulations in the mitigation of adverse environmental impacts to the built and the natural environment. Enforcement of such policies plans and regulations shall include_ mitigation of such impacts through conditioning and denial of permit applications in the City's land-use and decision-making process. It is the further intent of the Council that the requirements of this Chapter shall be imposed upon real property subject to this property and shall bind any and all successors in interest, assigns, transferees, and heirs as a duly recorded and interest in real property that shall run with the land as enforceable covenants. - 4 - i f . f j 3. This ordinance incorporates by reference the City's Comprehensive Plan, Master Transportation Plan, West Valley Industrial Area Plan and other related transportation policies, codes, plans, and resolutions contained in KCC 12.12A. This Ordinance shall not be interpreted or construed as creating or authorizing the provisions of this Ordinance to constitute the sole or exclusive means for mitigating adverse traffic and transportation impacts within or affecting the City of Kent or be treated as sole or exclusive mitigative measures in lieu of those required under KCC Chapter 4.14 or other code provisions related to public improvements. The goals of this Program is to ultimately increase ride sharing and public transit share of employee work trips in the City's industrial area to ten (10) percent within one year, fifteen (15) percent within two years, and of twenty (20) percent within three years. 12.15.030. Definitions. "Applicant" for purposes of this Ordinance means a person submitting an application for a permit or other City approval -_.• ` ,' which requires preparation of a Transportation Management Program under this Chapter. This term includes persons and individuals, firms, associations, organizations, partnerships, trusts, companies, and corporations, including developers, employers, owners, lessors, and lessees of real property affected by the requirements of this Chapter seeking City permits or clearances for development in the City. "Developer" means an applicant proposing to develop land within applicable M1 , M2, and M3 zoning districts upon which new structural development is proposed, including improvements of existing structures and which require a City permit or other approval , and includes the responsible owner, employer, lessor, or lessee of real property subject to this Ordinance and any subsequent successors, assigns, heirs or transferees. ,. "Development" means the proposed development siting, construction, or occupancy of real property, including improvements to existing property by application to the City involving lands located within Ml , M2 and M3 zoning districts in the City of Kent likely to generate related peak hour trips by single occupancy vehicles (SOVs) within the City's Transportation - Management System. 5 "Director" means the Director of the Kent Planning Department or his or her designate. "Employees" means all new on-site workers in buildings subject to requirements of this Chapter, including but not limited to management employees officers and executives_, full and part-time independent contractors and agents if present on-site. "Employer" means the responsible owner and developer of property, and includes lessors and lessees of property who exercise management control of employees on the site. "METRO" means the Municipality of Metropolitan Seattle. "Transportation Management Plan" means a series of programmatic developer actions, including but not limited to appointment of an Employee Transportation Coordinator, transit pass subsidy, preferential parking for high occupancy vehicles (HOVs) and operation of a company sponsored vanpool fleet and other services provided by public and private transportation providers designed to preserve access to a development or improvement while reducing the number of single occupancy vehicles (SOVs) to the development. "Transportation Management Program" means is a low-cost project that can be implemented by developers within a short period of time Such programs are designed to increase the efficiency of existing transportation facilities and to minimize the impact of development upon the City's peak hour transportation capacity as set out in the regulations implementing this ordinance. "Transportation Management System means the City of Kent's arterials streets boulevards highways and right-of-ways as may be designated in City Ordinances and in City plans under KCC 12 12A including but not limited to transportation policies, plans laws, agreements operating equipment and lighting. 12.15.040. Applicability. 1 . Coverage. The Council finds that development of new and existing structures as defined below within M1 , M2, and M3 Zoning Districts at levels established in Table A of this Ordinance will have a direct and indirect adverse affect and result in identifiable impacts to specific Transportation Management System projects and elements as a consequence of such development, whether or not such consequences or direct or indirect impacts are identified in subsequent environmental documents prepared in concert with an application for a City_ i - 6 - � �jxt} ,fU� y ,•: ;1 permit or land-use clearance, as identified in the City's Comprehensive Plan Master Transportation Plan, and West Valley Industrial Plan. The Council further finds that it is the intent of this Ordinance that developments subject to the State Environmental Policy Act, RCW 43.21C, are responsible for mitigating specific and adverse environmental impacts identified in an environmental document submitted or prepared for the proposed development. 2. New Structures . Developers of real property within Ml , M2, and M3 Zoning Districts designated by the Kent Zoning Code and Table A in which new structural development or improvements are submitted for City permits or approvals shall , prior to any initial occupancy of any building, establish a Transportation Management Program relating to mitigating transportation impacts in accordance with the provisions of this Ordinance. 3. Existing Structures . Existing structures are not subject to the requirements of this Chapter; Provided, however, that an improvement identified in Table A requiring a City permit or land-use decision is subject to the provisions of this Ordinance upon a determination by the Director that such improvement is likely to result in increased employment which is capable of generating additional peak hour SOY trips to the City' s Transportation Management System. Provided further, that if new structural development is proposed on a site on which there are existing structures, the Director may require that the entire development and site be made subject to the requirements of this Chapter unless an alternative program is approved by the Director under this Chapter. 12.15.050. Submittal Requirements. A. The Director of Planning shall specify the submittal requirements, including type, detail , format, methodology, and number of copies, for an application subject to this Chapter to be deemed timely and complete and accepted for filing. B. The Director of Planning may waive in whole and in part specific submittal requirements determined to be unnecessary for review of an application and shall establish criteria for such waiver. 7 - } f (}y � I{ 12.15.060. Transportation Management Program Requirements. A. .Applicable Requirements. The developer of any proposed development or improvement subject to the requirements of this Chapter identified in Table A shall submit a proposed Transportation Management Program to the Director. ln accordance with regulations promulgated by the Director. B. The Director, in consultation with City Departments and METRO, is authorized to develop implementation regulations consistent with Table A and this Ordinance setting forth developer Program and Plan requirements. Upon development; regulation shall be submitted to the Council for review. Said regulation shall then be filed with the City Clerk. The regulation may be amended as deemed necessary by the Director. Such amendment shall be presented to the Council for review and filed with the City Clerk. The implementation regulations, at a minimum set forth requirements and procedures for the program; including information posting and distribution requirements; provision of a transportation coordinator, preferential parking and financial incentives, such as employee incentive programs; and procedures for informing developers of these requirements. 12.15.090 Enforcement A. Failure to Submit or Implement Transportation Management Plans. Any developer who fails to comply with the provisions of this Ordinance and implementing regulations shall after thirty (30) days notice from the Director to remedy the failure be guilty of a criminal infraction. The fine shall be an amount not exceeding one hundred dollars ($100) for the first infraction, an amount not exceeding two hundred dollars ($200) for a second infraction and an amount not exceeding five hundred dollars ($500) for third and subsequent infractions in any calendar year. Each and every. day of non-compliance with this Chapter shall constitute a separate violation of this Chapter. B. In addition to the remedies provided for in this section, the City is permitted to pursue other legal remedies, including but not limited to enforcement of property covenants running with said property, and revocation proceedings for permits and approvals issued by the City for such developments or improvements. 8 _ j, I � 12 .15.120. Recording . Prior to the issuance of a building permit or of any development approvals by the City, developers of property subject to this Section shall record an agreement between the City and the property owner with King County - Division of Records and Elections and with the Kent City Clerk that requires compliance with this Chapter by the developer. Such agreement shall constitute a binding covenant to run with the land and shall pass to future developers, including successors in interest assigns transferees, purchasers , and heirs . 12 .15 . 130. Appeals. Any decision made pursuant to this Chapter which is part of an approval identified in Title 12, 13, 14 and 15 of the Kent City Code may be appealed in accordance with the same procedures for appeal available on the underlying approval . If. a decision made pursuant to this Chapter is not a part of an approval subject to a Kent City Code appeal , then such decisions shall be appealable pursuant to the provisions of this Chapter and implementing regulations . 12.15.140 , Transportation Management Program Requirements. For purposes of this Chapter, Table A prescribes the levels of developments and improvements subject to the above-described requirements for Transportation Program compliance. Table A. Ml , an h13 TRANSPORTATION 11 RAM REQUIREMENTS (gsf = gross square feet Program Professional Light equirement ervices : Industry: Retail/Mixed 0 fT ice Nigh I t n g7 RetaiT7Mixed Uses ecTi—n_oT ogy ssem 5 ly opping Centers CT-F— 110 Less than Less than Less than 'Requirements SNU-gam- U gsf 3-0,nz gsf (3) Post 5000 20,000 30,000 n ormation gsf-and gsf and gs and (3) over over over ) Distribute 5000 20,000 n orma ion gsT-and gst and (2) (3) over over Provide 12,000 50,000 ranspor- gs7 and gs and N/A (3) tonation over over oor 1nator - 9 - Provide 12,000 50,000 70,000 (3) re eren- gs and gs and gs-'—and is ar ing over over over ) Provide 12,000 50,000 financial �s and 9sTand N/A 3) ncen five over over Section 2. Section 12.12A.510D.3. is amended as follows: 3. The City adopts by reference the policies in the following City codes, ordinances, and resolutions(( : ) ) now and as hereafter amended: a. Kent Citywide Comprehensive Plan (Resolution 817) , and its specific components, including, but not limited to the East Hill Plan (Resolution 972) . the West Hill Plan (Resolution 1016) , the Kent Central Business District Plan (Resolution 764) and the Valley Floor Comprehensive Plan (Resolution 873 and 924) , as amended. b. Shoreline Master Program (Resolution 907). c. City of Kent Surface Water and Drainage Code (KCC 12.14) . d. Electrical or Communications Facilities - Underground Requirements (KCC 7 .10 ) . e. Transportation Master Plan (Resolution 1014) . f. Wastewater Facilities Master Plan (KCC 7.12) . g. Comprehensive Water Plan (Ordinances 2369 and 2329) . h. Construction Standards for Public Works (KCC 4.04) . i . Street Use Permit Requirements (KCC 4.07 ). j . Flood Hazard Protection (KCC 14.22) . k. Kent Subdivision Code (KCC 12.04 ). 1 . Kent Mobile Home Park Code (KCC 12.08 ) . M. Valley Studies (as adopted in Resolutions 920, 921 , 922 , 923, ( (and) ) 924( ( ) . ) ) , and 1128. n. Noise Control (KCC 9.20). o. State Building Code, together with the local implementing ordinances (KCC Title 14 ) . p. State Fire Code, together with the local implementing ordinances (KCC Title 13 ) . q. Kent Zoning Code (KCC Title 15 ). r. Recreational Vehicle Park Code (KCC 12.06 ). - 10 - s. Water Shortage Emergency Regulations (KCC 9.24) . t. Kent Comprehensive Park & Recreation System Plan (KCC 4.10 & KCC 4.12 ) . u. Kent Public Improvements Ordinance (KCC 4.14 & KCC 4.18) . V. Storm Drainage Utility (KCC 7.20). W. Storm Drainage Policies (Resolutions 920 and 937 ). x. Six Year Transportation Improvement Plan (Resolution ( (1020)( . ) ) 1135. y. Comprehensive Sewerage Plan (Resolution 915 ). Z. Fire Master Plan (Ordinance 2511 ) (0.2494, 0.2511 , 33; 0.2547, §4 ) . Section 4. Effective Date . This ordinance shall take effect and be in force ninety (90) days from and after its passage, approval and publication as provided by law. ATTEST: APPROVED AS TO FORM: PASSED the day of , 1988. APPROVED the day of 1988. PUBLISHED the day of 1988. - 11 - 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) 5490-180 12 MARIE JENSEN CITY CLERK KENT CITY COUNCIL PLANNING COMMITTEE _... April 19, 1988 3 : 30 PM Council Members Present Others Present Judy Woods, Chair Anne Biteman Steve Dowell Larry K. Frazier Lowell A. Hall City Administrator David Hyde Michael Ledbetter J. Brent McFall Dee Moschel _. Leona Orr Staff Present Colin Quinn Susan Rae Sampson Charlene Anderson T. M. Sharp Jim Harris Michael Spence Fred Satterstrom Carol Stoner Dan Stroh Pam Studeman Laurie Sundstedt Mary H. Williams 20% MULTIFAMILY DENSITY REDUCTION Chairwoman Woods stated the purpose of the meeting, added that the Planning Committee would take no action at this time, and asked for public comment. Lauri Sundstedt, 24805 - 114th Avenue SE, Kent supported the 20% reduction in multifamily density. If apartment complexes all over the City have signs indicating "Now Renting, " it means there are currently too many apartments in Kent. Tom Sharp, 11126 SE 256th, Kent suggested there is an elitist attitude prevailing about apartment dwellers; the single family homeowner says "I have mine and we are going to keep you out. " Mr. Sharp is a small developer and stated people in his apartments could afford a single family home but for various reasons have chosen to reside in a multifamily dwelling unit. Mr. Sharp stated that if the City's intention is to reduce densities, then single family districts also should be subject to the reduction, for example by increasing lot size requirements. The 20% reduction in units per acre will increase apartment prices and essentially lower value; it represents an economic burden. Mr. Sharp believes developers must be the ones to protect the interests of apartment dwellers since most of them cannot or do not vote. Mr. Sharp does not understand where the attitude comes from that apartments are bad. People will choose to live either in single family or in multifamily residences. It appears to him that the City is getting its way by shutting the door. Leona Orr, 24909 - 114th Avenue SE, Kent stated the request for a 20% reduction in multifamily density came about from a Town Hall meeting City Council Planning Committee Minutes of Meeting of April 19 . 1988 about a year-and-a-half ago. There was congestion in Kent that the streets couldn't handle, the schools couldn't handle, and the Fire and Police Department need additional staff to handle. With an imbalance of 60% multifamily in the City, reduction must begin somewhere. Ms. Orr added that at one of the Planning Commission hearings on this issue, it was stated that there was a survey done which indicated that there were not enough jobs in Kent available to fill housing, meaning many people living in Kent do not work here. Developers are not now building to maximum density so the 20% reduction shouldn't make a difference. Ms. Orr supports the 20% reduction in multifamily density at least until the City can catch up with services required. Mike Spence, Governmental Affairs Director, Seattle King County Board of Realtors, 2810 Eastlake Avenue East, Seattle 98102 stated that wherever he goes he sees people downzoning, i.e. , Bear Creek, Soos Creek, Enumclaw. With King County predicting 500, 000 more people by the year 2000, Kent should be planning to accommodate the influx within their own city limits rather than pushing people to outlying areas and have them travel through the area anyway. With 500, 000 additional people in the area, supply and demand will get out of whack. He suggests creatively solving the traffic problems. Housing affordability will be an issue with the 20% reduction. He added that the "Now Renting" signs are seasonal and the Cain & Scott vacancy reports show vacancy rates are under 3%. In the near future, aesthetic problems might arise, but in the long term multifamily building is reasonable. He requested that rather than an across-the-board 20% reduction in multifamily density, there might be reason to require the reduction in some areas only. Lowell Hall, 22823 - 134th Avenue SE, Kent 98042 is a real estate broker that has lived in the area since 1968 . He has watched influx and outflow and Kent is presently once again experiencing an influx. He is concerned about his grandchildren being able to afford housing and questions whether the City is looking far enough ahead in considering the 20% reduction. The 20% reduction takes 20% of the value of a property out of the owner' s pocket because the developer will deduct that amount when purchasing the property; the $70, 000 for the developer's mitigation fees was deducted from Mr. Hall when he recently sold his property. There are financial considerations here and owners and builders are risking more and more whenever they pay more and get less. Housing payments today are terribly high and a 20% reduction in multifamily density will force apartment costs to be high also. If costs become too high, developers will stop building housing. Traffic congestion is a problem on East Hill but we are facing these problems. Developers are paying fees to mitigate the traffic problems. He knows Americans can buckle down, meet a problem and solve it. There has been a logical zoning setup in the City which works. He applauds the multifamily design changes that recently passed and believes they will help looks and visibility in multifamily areas. 2 City Council Planning Committee Minutes of Meeting of April 19 . 1988 Mary H. Williams, 25331 - 68th Avenue South, Kent 98032 supports the 20% reduction. She considers Kent a valley; there is very little here, not much for children to do. Quality of life is what she thinks about. People can't get to libraries. She advocates more small homes with a bit of ground for growing vegetables. She doesn't want to cover the soil with concrete and blacktop. Multifamily areas will be slum areas in years because apartment dwellers move out. She is aware how costly things are and how tough it is but she wants more single family. David Hyde, 10625 SE 281 Street, Kent 98031 stated the Puget Sound area is the ninth most active area in the country for residential real estate; commercial is even higher. With a half million people projected to move into the area by the year 2000, housing will be a problem. Multifamily density reduction would not be an advantageous solution. Mr. Hyde wants more work done to alleviate traffic congestion by building additional roads; east/west corridors are now being researched. A price increase will occur as a result of the 20% reduction. Reduction in specific areas only might be a better solution than an across-the-board reduction. Colin Quinn, 3025 - 112th Avenue NE, Bellevue represents Centron, the largest multifamily builder in the Pacific Northwest. The Lakes is one of the company' s chief developments. Mr. Quinn paraphrased a March 31, 1988 letter he had written to the Mayor and City Council. The Lakes is exempt from the 20% reduction because .a Master Plan for the project has been approved by the City. Mr. Quinn stated the 20% reduction is a political solution to be problem rather than a planning solution. What started the process was a series of town meetings where people in neighborhoods felt their lifestyle was being affected by multifamily units. These people do have concerns and the City has an obligation to fulfill the neighborhood dreams, but an across-the-board reduction will not solve the issue of impact to neighborhoods. The ratio of single family to multifamily is a hot issue and one doesn't often hear the argument that this is a positive indication that the community is thriving and changing with the times. The City has done a good job of allowing . a large number of multifamily units to meet the demand. To meet the requirements for housing, one needs to be sensitive to demand, changing socioeconomic patterns occurring throughout America. Single parents, empty nesters, senior citizens are choosing multifamily dwellings. Patterns and lifestyles are changing. People are moving approximately once every seven years so home equity is not an issue; single family home purchases might not be advantageous given this mobility. Mr. Quinn philosophically opposes governmental interference in market forces affecting people' s choices and lifestyles. A 20% reduction in multifamily density will not provide a balance of opportunities , will foreclose a viable housing opportunity, discriminate against a class in the City desiring to live in multifamily dwelling units, and interfere with socioeconomic patterns. 3 City Council Planning Committee Minutes of Meeting of April 19 . 1988 A 20% reduction will not be in the best interests of the public welfare and safety. It has been his experience, and statistics show, that multifamily developments are a more effective use of the land, water, sewer, and represent a better return for dollars spent on infrastructure. Trips generated and students generated, as well as service needs are less with multifamily than with single family. At a recent PSCOG symposium, it was stated that the solution to traffic problems is putting people where jobs are, not building more streets, etc. The employment base in the City is in warehousing and manufacturing. For each executive there are six support people renting apartments. By foreclosing the opportunity of multifamily near an expanded job base, people will have further to travel to work and this will cause additional trip generation, clogged arterials. METRO will provide service when densities have increased; this METRO service is a key to solving traffic problems. Vacancy signs at apartment buildings do not mean apartment buildings are empty; there is a 98% occupancy rate in the area. Demand is here. Banks wouldn't be lending money for building unless they were convinced there was demand and it was a good investment. Developers need to speak for those multifamily people who haven't yet arrived; they need affordable housing or they will be forced to live elsewhere. His letter states the 20% reduction in multifamily density is a generic solution to a complex problem; Kent deserves better than a generic solution. Information generated in the "Red Book" is working its way through the system. The 20% reduction is so broad it misses the point of protecting single family neighborhoods. The reduction should be only in areas which are affected by the problem. If there are too many people in the area, then the City should look at reducing both single family and multifamily. In response to the comment regarding builders not building to maximum density anyway so who cares, property owners care. The 20% reduction reduces property values. Developers care because with less land to work with, it becomes difficult to build projects the way they should be built. The Lakes can create amenities because there's lots of space with which to work. In response to Chairwoman Woods, Mr. Quinn suggested that a good EIS would be a source of information regarding number of students generated from a multifamily development. He stated multifamily student generation is approximately .3 students per unit; single family "is double that. Mr. Quinn stated families don't live in apartments. Apartments have single parents, empty nesters, senior citizens, Yuppies with no children, etc. Anne Biteman, 24324 Military Road, Kent 98032 has been a property owner since 1960 and has deep concerns about apartments. She is a school nurse and sees low cost housing with 4 , 5, and 6 children in an apartment. She agrees that in expensive apartments one might not find many children. She stated the Planning Commission mandate from the City Council was to reduce multifamily; many developers did not vent their concerns at the Planning Commission public hearings. The Planning Commission worked six months on the reduction issue and their 4 City Council Planning Committee Minutes of Meeting of April 19, 1988 work is for nothing if all builders have to do is go to the City Council. Not many citizens attended the hearings either. The .majority of speakers at the hearings were builders from outside the City and their good points were taken into consideration when drafting the Planning Commission recommendation to the City Council. Ms. Biteman stated that personally it bothers her that builders who live outside the City voice their objections to a 20% reduction of multifamily density within the City of Kent. Pam Studeman, 521 S 2nd, Kent 98032 stated her concern is not a reduction of multifamily density but a reworking of the zoning laws, perhaps placing emphasis on preserving downtown neighborhoods. An across-the-board reduction is rather arbitrary. Ms. Studeman is sympathetic to developers who want to get more profit out of the land but there has to be some quality control and respect for people who want to keep single family neighborhoods. The downtown neighborhoods of old and nice homes are slowly being eaten up. These houses have a history and charm that should be preserved. Ms. Studeman is referring to the South of Willis area. The area has industry on each side of it and railroad tracks. She added that there is a place for apartments but admitted that since she has purchased her home, she is more concerned about quality of life and of her surroundings than she was when she lived in an apartment. Further, those building apartments in the downtown neighborhoods should be required to take responsibility for the area, e.g. , storm drainage, sidewalks, road improvements. The City should consider changing some of the downtown neighborhoods into single family zoning so that the City can catch up with the decay and wear and tear that has occurred. Larry Frazier, Seattle Master Builders Association, 2155 - 112th Avenue NE, Bellevue, WA stated he has written all kinds of correspondence to the Planning Commission, City Council and Planning Committee. He reminded those present that condominiums and townhouses are also part of the density issue, and those structures represent homeowners not renters. Mr. Frazier stated the Planning Commission had a political solution to the City Council 's request for a 20% reduction. Staff provided information that was requested. The multifamily development standards and the 20% reduction issues should have been one issue and instead were split into two parts for consideration. Reduction already started with the multifamily development standards. Although Mr. Frazier gave the Planning Commission material that showed the 20% reduction would cause problems, he did not see that material incorporated into the ordinance recommended to the City Council. Mr. Frazier added that perhaps the Planning Commission should have been given more direction from the City Council. Mr. Frazier stated that multifamily density does not contribute to the many problems Kent has. For years, the City has by its comprehensive plan mandated where multifamily, commercial, transportation network, etc. will be and the policy provides a focus on multifamily development. The zoning 5 City Council Planning Committee Minutes of Meeting of April 19 , 1988 ordinance implements that. People have purchased property based on that direction. The traffic is caused by everyone, including those passing through the City, not just by multifamily development. The entire comprehensive plan needs to be updated to look at all areas not just multifamily density and to consider industrial and commercial development, creation of jobs, spinoffs and traffic. A review of the comprehensive plan might show that multifamily density needs to be reduced in some areas; it might also show a need to reduce in commercial and industrial. Multifamily creates less traffic generation than single family. The City needs to prove that multifamily development is the cause of traffic problems; the taking issue is involved especially since the City for years has promoted multifamily development. Further, developers have the right to make a living in this area whether they live in Kent or not. People's attitudes toward single family home ownership is changing. More people are going to be housed in multifamily based among other things on pure economics. Mr. Frazier has the job of keeping housing costs low and he discussed increasing costs. He stated it was poor planning to do an across-the- board reduction; the City needs to specify areas. The City needs to analyze the problems and come up with a better solution. There was some discussion and clarification on the statement made about builders who live inside or outside of the City of Kent. Carol Stoner, 19708 - 121st Avenue SE, Renton, represented the Planning Commission. She stated there was citizen concern about multifamily development; that concern was expressed at the Town Hall meeting in. which the citizens asked the City Council to come up with a political solution to impacts of growth; who pays for impacts of growth. The City Council ' s job is to manage growth. The speakers at the hearings did not say don't grow but the City needs to make a decision that allows management of that growth so that it can accommodate impacts in a reasonable fashion. Perhaps rather than comparing trips and students per unit, one needs to compare trips and students per acre. Impacts of zoning land can be measured by impacts per acre. There were not many citizens at the hearings on this issue because the citizens spoke at the Town Hall meeting. They saw the City Council respond and saw the process move forward and the citizens felt the issue was being handled. One of the reasons the Planning Commission recommended a 20% reduction is because it is equitable; everyone has to bite the bullet as property owners and whatever. The 20% reduction in multifamily density is one way to manage growth. Chairwoman Woods ended public discussion for this meeting. She provided an example of a recent Council action which lessened density in single family zones even further than what was recommended. The meeting was adjourned at approximately 4 :50 PM. 6