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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 11/21/1989 ... .. ... .r.......................•...................,..ir..«..::.:';'..:..::::::::.'::::::::.:i;<i..::a\i::}..`:.:.,o}}}::<:r:a.;}::<;'}}}'.}:%::.:i:j::i:`:':2:i:::i:::::::i:: CNtof Kent Y nc EI Meeting Cit Cou �# Agenda t :ns Mayor Dan Kelleher Council Members Jim White, President Berne Biteman Steve Dowell 111*111 Christi Houser Jon Johnson Paul Mann Judy Woods S,4Aj; November 21 , 1989 Office of the city clerk CITY COUNCIL MEETING November 21, 1989 Summary Agenda City of Kent Council Chambers office of the City Clerk 7 : 00 p.m. NOTE: Items on the Consent Calendar are either routine or have been previously discussed. Any item may be removed by a Councilmember. The Council may add and act upon other items not listed on this agenda. CALL TO ORDER ROLL CALL 1. PUBLIC COMMUNICATIONS A. Proclamation - Home Care Month B. Presentation - VATA 2 . PUBLIC HEARINGS A. Lemmon Appeal Dover Place PUD-89-1 and SU-89-2 B. Cam West Appeal Dover Place PUD-89-1 and SU-89-2 C. Adjustment of Salary Ranges D. Executive Sessions - Procedure 3 . CONSENT CALENDAR A. Minutes B. Bills C. Economic Development Corporation-Resolution D. Contract for Collection of Solid Waste E. ATCO-WATT F. Kent Library Sculpture Commission G. Annual Accounts Receivable Write-Off H. Mayor's Appointments 2 4 . OTHER BUSINESS A. Dover Place Preliminary Subdivision No. SU-89-2 B. Green River Corridor Trail C. Senior Housing Bond Issue - Ordinance D. Human Service Roundtable Action Agenda Funding Package E. Adjustments to the 1990 Budget 5 . BIDS A. Food Service for Corrections Facility 6 . REPORTS CONTINUED COMMUNICATIONS ADJOURNMENT PUBLIC COMMUNICATIONS Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A. Proclamation - Home Care Month B. Presentation - VATA Terry Lewis of the Boeing Company will make a presentation on the South County Area Transportation Benefit Proposal. I+0'i 01 1989 CITY OF KENT CITY CLERK TO: COUNCILMEMBERS FROM: JIM WHITE, COUNCIL PRESIDENT RE: Valley Area Transportation Alliance (VATA) DATE: NOVEMBER 1, 1989 The Valley Area Transportation Alliance (VATA) would like to make a brief presenttion to the members of the council to express the business community' s support for the ongoing efforts of the regional plan for the South King County Transportation Benefit District. Mr. Terry Lewis, from the Boeing Company, will be making the presentation at the Novmeber 21, 1989 council meeting. JW:am cc: Dan Kelleher, Mayor �-• Ed Chow, City Administrator Marie Jensen, City Clerk Kent City Council Meeting lSUvl' Date November 21, 1989 Category Public Hearings 1. SUBJECT: LEMMON APPEAL DOVER PLACE PUD-89-1 AND SU-89-2 2 . SUMMARY STATEMENT: This public hearing will consider an appeal filed by Lucille and John Lemmon of the Hearing Examiner's recommendation of conditional approval of the Dover Place PUD-89-1 and Preliminary Subdivision No. SU-89-2 . MRS. LEMMON HAS FILED A REQUEST TO POSTPONE THE APPEAL HEARING TO THE DECEMBER 19 COUNCIL MEETING. 3 . EXHIBITS: Postponement request, Notice of Appeal (see other Business section (Item 4A) of packet for additional material on Dover Place) 4 . RECOMMENDED BY: Hearing Examiner 10/25/89 conditional approval (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X _ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REQUIRED: None SOURCE OF FUNDS: MOTION TO POSTPONE HEARING OR OPEN HEARING: PUBLIC INPUT CLOSE HEARING: 7 . CITY COUNCIL ACTION: Councilmember moves, Councmember seconds to adopt/modify/deny the findings of/the Hearing Examiner and to concur with/disagree with the Hearpg Examiner's recommendation of approval of PUD-89-1 and SU-89-�2 with 17 conditions. DISCUSSION: ACTION• Council Agenda Item No. 2A E c E �. PJOU 13 1989 CITY OF KENT ._ CITY CLERIC 46, cz- J4 / 1; . I Office of the City Clerk 220 S . 4th - 859-3370 City of Kent Order for Transcript for Appeal from Decision of Hearing Examiner Resolution 896 Ordinance 2233 (7p Date Q 1, 6 ��d 1 Appeal filed Appellant ' s Name Address �OtSt P�-- SGS �en-�- cyl� `��y3 ) Phone_8Sa-Y��3 Hearing Examiner ' s File No . �) nOVer r r4ct Date of Hearing Examiner Public Hearing � �/�� q . CG O/1S% i0n Date of Hearing Examiner ' s DecisionCo�2�c'o�%e., /ssucc/ ioAs�f9 Notice of appeal must be filed with the City Clerk within 14 days of the action taken by the Hearing Examiner and must be accompanied by a $25 filing fee. Treasurer ' s Receipt # 7/0; Within 30 days of the Hearing Examiner ' s decision, the appellant shall order from the City Clerk a full transcript of the hearing held before the Hearing Examiner and must post at the time of the order, security . in the amount of $100 for each tape to be transcribed. If the actual cost incurred by the City exceeds the amount posted, the appellant shall be required to reimburse the City for the excess amount. If the cost is less tham the amount posted, any credit due will be returned to the appellant. Order for Transcript received Treasurer ' s Receipt # (100 . 00) NOV 81989 ut CITY OF KENT _•. TREASURY October 16, 1989 aa nn Oa ! 61989 Mr. Theodore Paul Hunter ` Hearing Examiner City of Kent r 220 Fourth Ave. S. Kent, WA 98032 Re: ResryDnse to Cam-West's Request for Reconsideration PrOPOsed Lover Developrent JU- Y f_oZ Dear Mr. Hunter: We the people of Kent, specifically Brier Lane, have the follcwihq objections to the Proposed Dover Development we would like to submit in r1. esponse to Cam-West's Request for Reconsideration. The proposed Lover Development has reduced its average size lot even further, to a typical lot size of 4,140 (which was stated on Cam-West's Request for Reconsideration Exhibit "A" Typical Lot Dimensions of 45 ft by 92 ft. ) They have enlarged the street width which is great, but to acconmlish this they have not compromised by eliminating a lot, but rather reduced the lot sizes even further at the expense of the families who will be living there and the surroundinq community. Thev have taken even more land from the future residents. The people of Kent have been strongly opposing 5,000 sq. ft. lot$ the last few months and Cam-West want to build a twical lot size which i.5 under the 5,000 sq. ft. , almost 20% under. This would be a gross injustice to this community, that has an average lot size of 9,600 sq. ft. for single family homes. A PUD is suppose to be a buffer between multi-family and single family homes. As stated by the Citv, if 5,000 sq. ft. lots are passed they are to be for areas between apartments and single family homes so there would be a gradual transistion from seeing an apartment, a developed area of 5,000 sq. ft. lot homes, and then normal single family homes. The Proposed project is surrounded by R-1 9.6 lots. You are asking us to annrove lots less than 1/2 in ire. We are even being asked to approve lots sizes which are less than the 5,000 sq, ft. The Proposed Lover Project is located in the middle of a R-1 9. (see map, Exhibit A of Brier 6 zoned area Lane) True, Dover Development will. have the same minimum requirement of an 8 ft. back yard, 5 ft. side yard and 20 ft. front yard. However, no homes in Kent only have this bare minimum yard space due to the fact that the lot sizes Hearina Examiner October 16, 1989 Page 2 are a minimum of 7,200 to 9,600 sq. ft. , so their yards are much larger. Dover Development, with an average lot size of 4,140 sq. ft. will only be able to have the bare minimum yard space. This in no way will blend in with the existing neighborhood or community. We will be forcing people to have their children leave home to plav (in the proposed open space) where they will be left unattended and out of sight (even worse they will be forced to play in the street) and the city will be discouraging any gather- ings or family get-togethers, holiday parties, etc. These are the reasons people want yards, and yards are the reason people want to own homes versus condaninums or living in apartments. Space and privacy - this is what it all entails. The oeople'of Kent and Western Washington have spoken out. Don't litter our hills with dense housing. When we walk, jog or drive around our area we want to see space, not door to door housing. There is also the question of an unsightly parking lot right in the middle of the north side of the development. Parking lots are for apartments. This develoFzment will become an extension of Brier Lane. Parking lots do not fit in with the immediate housing area. They will become a place to park your broken down car, a source of litter, etc. According to John Newell, the Engineering consultant for CamrWest, the fact that in order to install the biofiltration system some of the natural vegetation, which from his testimonv was the trees on the west side of the property, will be cut down and replaced by grass. According to page 19 of the Staff Report, 15% of the site must be retained as native vegetation. The tree plan had been submitted, now they need to bulldoze this area for installing the biofiltration system. A percentage of the required 15% vegetation is lost. Cam-West's map does not clearly show the development's actual dimensions; lot sizes, roads, open area, passive area, etc. They have barely qualified for their bonus points and the way they have moved thinqs around we do not know if they still qualify. For instance, they have added four additional parking spaces to the active open space. This section of land can no longer be called open active space. Another case in question would be lot #36. Hoka do they propose to n_ut in an access way from the lot into the street. I think an indepth map would clear some of these obvious concerns. A map showing actual footages, that you can read. There is also the question of. the CCR's. This was to be submitted but as to date has not. How will the open space be maintained? This particular PUD falls way short of its main purpose. See Exhibit B of Brier Lane ll.......Y y.lN LACu lIL llJ. October 16, 1989 Page 3 RESPONSES TO CITY WIDE CaTPREHENSIVE PLAN: "tom 0_?c,"')a17_ /3 GOAL 2, OBJECTIVE 2, POLICY 1: The City has already stated that 100th Avenue, which is the street our children use to walk to school, is alreadv substandard and inadepuate. Adding 39 additional. homes would make it more dangerous and would also increase the city's liability of a lawsuit. GOAL 2, OBJECTIVE 2, POLICY 3: This particular PUD would not be attractive to single-£amily homeowners. Single-family homeowners desire yards and privacy. Parking lots in the middle of their development would not be attractive. GOAL2, OBJECTIVE 2, POLICY 4 : PUD's belong down in the valley, next to the freeways and work areas. Thev do not belong on the East I1il.l, which creates urban sprawl.. GOAL 2, OBJECTIVE 3, POLICY 3• Allowing a private road severely reduces services to this project. GOAL 2, OBJECTIVE 3, POLICY 4• Havinq this project on a private road reduces services to it. GOAL 2, OBJECTIVE 3, POLICY 5• This project would be in the middle of an already developed area that is zoned R-1 9.6. No apartments are around the ilmlediate area. This project would be against this policy. GOAL 2, OBJECTIVE 3, POLICY 6• They have refused to help out in the area of sidewalks and street lighting for the children of this development to enable them to get to school safely when they walk down 100th- Avenue. 100th Avenue is the only way to get to the elementary school from this development. GOAL 2, OBJECTIVE 3, POLICY. 8: This policy is aimed at improving multi-family neighborhoods. This project will not improve the quality of development in this particular area. GOAL 2, OBJECTIVE 3, POLICY 9: This will not be a new development. THis will be an extension of the existing Brier Lane develo?xnent as there is only one way to get into Dover Development and that is through Brier Lane. Once they plant the trees, it will take approximately 15-20 years before there would be adequate buffering. nea.i.uiy Exaitmier October 16, 1989 Page 4 GOAL 3, OBJECTIVE 1, POLICY 3: How will the city guarantee any/all services to a project on a private road? Where will liability fall? GOAL 3, OBJECTIVE 3, PO.LICY 3: First of all, this PUD is not in an appropriate area for density. This development is surrounded by R-1 9.6 zoned areas. Brier Lane and the surrounding areas already have a variety of lot sizes (7,200 and up) styles of homes, and a wide range of home prices. A variety of homes and styles on 7,200 sq. ft. .to 12,000 sq. ft lots would be comparable to the surrounding community. Havinq this wide range of lot sizes would increase the variety of home prices. WE THE UNDERSIGNED REQUEST THAT THE REQUEST FOR RECONSIDERATION BE DENIED AND THE HEARING EY,AMINER RECONAEND TO THE CITY COUNCIL DENIAL OF THE PUD. oZdy'/ SC rl P_JL /D .s� PL /�-e-��-- �' 3// 1 2.0 7 ZZ� ,�i �/� ���J • � / �,,- ///�r" �(�l ' �,� 0 1 � � �p/11/1t� 6 f���f�A( may) ^�7% bearing Exanuner October 16, 1989 Page S rd /0 rZ1Ci .. 1,123 .(po r- � � � ��i ire a(-t l� 3 ,-e � 03 . ` 2zK 12- 03 25 /Z '4171 < 7 Hearing Examiner October 16, 1989 Page 6 C I Z2o3 Cl IC a19 S' �. 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E-mrJ�^4° �� p o �� r,r � 1 Y •6 e; j �y `J 40 '1 "-/o �sO�N� +�..r°°, ^ "�r., .�°°• r r'�B y9° ^ Iz�aiB F,e°'r's � Il A't i.,I ]A r,.5 o W Z,?�r°,)"i �. !.': (l�\\\, 93i 40 r•+/n �r 3 �N12 Ivrr r .Tn•n"^:ri. I•ro w • Y5 �, r r5 '0 ,..IS rr °2 uc s.av:yra x.7 oN f+,arsz.rs ,, 0 2T t' .I!-' prr �� oK A 1�ouS l N C� �(.�itri�1 T '�P pATE' K,�oRfi f 7W' ; O t Y41!7 1 61OS9} '��te ome housing is located on the Valley Floor. � Block Grant funds ftheseeareas I th�f areas are earmarked for City it is not only areas infrastructure improvements. However, which are in need of upgraded infrastructure. For example, lace. In working to preserve j that have been annexed into the City do not always have existing ` and/or adequate infrastructure in p the City should of correction. and protect these existing neighborhoods, identify such deficiencies and establish a program While the City provides for adequate public services to existing I neighborhoods, it should also insure the protection of existing residential neighborhoods from incompatible hstheauseoofeopen This can be accomplished bthrough hr lug, density gradations, intrusions. fencing, space buffers, ' landscaping, means. intensity gradation, and other appropriate ere GOAL 2 : Guide new residential development into and ein aas h manner e needed services and facilities areresidential neighborhoods. which is compatible with existing ment on Objective 1_: Encourage new residential close vtooptransportation suitable areas of the Valley Floor, corridors . al 2 , Objective 1 applies solely to the Valley (Editor' s Note: Go Floor. ) Policy 1: Designate suitable areas for future residential development. po1�2: Expand opportunities for multifamily development where feasible e a commercial centers , major transportation corridors, and major commuter transit routes. policy 3 • Retain agricultural and rural residential opportunities. obile poles manufacturedProvide formhousing- ntial uses in home parks and poles 5: Encourage upper-story reside commercial and office buildings. Objective 2 : peas1thenew necessarytfacilitiesal pandtservices East are and West Hills available. sin le-family neighborhoods poll 1; protect existing g from adverse impacts of n8R/0Z LA 22 J3 Policy 2 : Designate suitable areas for future residential development. Policy 3 : Encourage development of new single-family housing, by creating neighborhood environments attractive to single-family builders and homeowners. Policy 4 : Utilize regulatory measures, such as zoning, to restrict and discourage development which contributes to urban sprawl. Policy 5 : Limit opportunities for multifamily development. Policy 6 : Limit expansion of multifamily development in rural residential areas. Objective 3 : Guide new residential growth so that it occurs in a responsible manner, consistent with neighborhood objectives. Policy 1: Limit opportunities for high-density multifamily development, where appropriate. Policy 2 : Provide opportunities for low-or medium- density multifamily development in nodes and near commercial centers. Policy 3 : Encourage infill development of areas already served by utilities and transportation systems, to achieve maximum efficiency in the provision .of services and preservation of natural features. Policy 4 , For undeveloped areas, encourage densities which promote efficiency in providing needed utilities and services. Policy 5 : Provide for increased single-family residential densities as a transition between more intensive and less intensive residential areas. Policy 6 : Require developments to provide for all necessary on-site improvements, as well as their fair share of off-site improvements needed as a result of the development. Policy 7 : Through enhanced development standards and other mechanisms, improve the appearance and 8(Z I O 2 l_ 23 "fit" of multifamily developments within the community. /Policy 8 . Encourage the use of clustering, zero lot line, planned unit development and other site planning techniques to improve the quality of developments. Policy 9 : Ensure adequate buffering between new developments where buffering is needed to mitigate an adverse impact of the new development. Polic 1 Promote annexation as a means of guiding development which may impact existing residential areas. RATIONALE FOR GOAL 2 Kent is an urban area. The large amount of industrial/commercial/ office development within the City, which coexists with the residential development here, has forever changed the rural character that once was. Although the opportunities for large-lot, pastoral development should be protected where feasible, the city' s population will presumably continue to grow and housing will be required for new residents. By Resolution 1123 , Kent ' s City Council evidenced a desire to achieve reductions in the density of multifamily housing developments within the City. Through the Housing Study authorization, the Planning Department was charged with the task _ of determining areas appropriate for density reductions, for potential new multifamily areas, or for density increases. Using input from the September 1988 public meeting and the meetings of the Housing Advisory Committee, an overall strategy for locating residential density was established: "Limit new opportunities for high density multifamily development. Provide opportunities for low- or medium-density multifamily development in nodes or near commercial centers. Protect and expand existing single- family neighborhoods . " Efficient use of city services--including utilities and transportation systems--is reinforced through careful density planning. By concentrating multifamily development in centers , advantage can be taken of the economies of scale. By limiting densities on the urban fringe and encouraging infill development, continued urban sprawl can be slowed. A gradual integration of densities--from highest to lowest--creates a smooth transition in order to protect all housing types . Higher density developments have typically suffered from "intensity" problems . Unattractive features of such development could be mitigated through enhanced development standards or 2 /&2 L - 24 Kent City Council Meeting Date November 21, 1989 Category Public Hearings 1. SUBJECT: CAM WEST APPEAL DOVER PLACE PUD-89-1 AND SU-89-2 2 . SUMMARY STATEMENT: This public hearing will consider an appeal filed by Cam West Development, Inc. of the Hearing Examiner's recommendation of conditional approval of the Dover Place PUD-89-1 and Preliminary Subdivision No. SU-89-2 . 3 . EXHIBITS: Notice of Appeal ,(see Other Business section Item 4A of packet for additional material on Dover Place) { 4 . RECOMMENDED BY: Hearin `Examiner 10 25 89 conditional approval (Committee, Staff, ,Wxaminer, Commission, etc. ) 5 . UNBUDGETED FISCALA6SONNEL IMPACT: NO YES FISCAL/PERSONNEL. OTE: Recommended Not Recommended 6. EXPENDITURE UIRED: None SOURCE OF FUG DS. OPEN HEARING: PUBLIC INPUT CLOSE HEARING: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to adopt/modify/deny the findings of the Hearing Examiner and to concur with/disagree with the Hearing Examiner's recommendation of approval of PUD-89-1 and SU-89-2 with 17 conditions. DISCUSSION: ACTION• Council Agenda Item No. 2B FROM:CITY OF WENT TO: 226 454 5719 NOU 7, 1989 9:34RM #339 P.02 Ff T Office of the City Clerk p (, 220 S . 4th V 859- 3370 NOV g 1989 Ll City of Kent CITY OF KENT Order for Transcript for CITY CLERK Appeal. from Decision of 14earing Examiner Resolution 896 Ordinance 2233 Date- 11-08-89 Appeal filed 11-08-89 Appellant ' s Name 'Cam-West Development, Inc. (Eric Campbell ) Address P. O. Box 308 , Kirkland, WA 98083-0308 Phone 454-9160 Hearing Examiner' s File No. Dover Place #PUD'89-1 and #SU-89-2 Date of Hearing Examiner Public Hearin 9-6-89 Reconsideration g filed O-Qd-a2- Reconsideration decision Date of Hearing Examiner' s Decision 9-20-89 issued 10-25-89 Notice of appeal must be filed with the City Clerk within 14 days of - the action taken by the Hearing • Examiner and must be accompanied by a $25 filing fee. Treasurer ' s Receipt # Within 30 days _af the Hearing Examiner ' s decision, the appellant shall order from the City Clerk a full transcript of the hearing held before the Bearing Examiner and must post at 'the time of the order, security in the amount of $100 for each tape to be transcribed. If the actual cost incurred by t e City exceeds the amount posted, the appellant shall be required to reimburse the City for the excess amount. If the cost is less thaw the amount posted, any credit due will be returned to the appellant. Order for Transcript received Transcript of 9-06-89 Hearing has alre� y Teen prepared. Treasurer' s Receipt 0 (100 . 00) I Ok o it CITY OF KENT 1 CITY COUNCIL I 21 3 Appeal of Hearing Examiner' s ) Decision and Recommendation ) 4 on Dover Place #PUD-89-2 ) j and #SU-89-1, ) NOTICE OF APPEAL 5 i ) Cam-West Development, Inc. , ) 6 Appellant j 7 8 1. Appellant. Cam-West Development, Inc. , the applicant for the 9 Planned Unit Development and preliminary plat. 10 2 • Basis for Request. The Kent City Code provides that an aggrieved party may file a written appeal to the City Council 11 within 14 days of the Hearing Examiner' s decision. The Hearing Examiner issued a decision on reconsideration in this 12 matter on October 25, 1989. i 13 3 . Grounds for Appeal. 14 a. The Hearing Examiner has erred in the interpretation of Section 15. 04 . 080 D. 2 of the Kent Zoning Code. By 15 applying an incorrect interpretation of this section of the Planned Unit Development ordinance to the Dover Place 16 PUD, the Hearing Examiner has required a reduction in the number of residential units from 39 to 38 . 17 b. Section 15. 04 . 080 D. 2 concerns Density Bonus Standards 18 in Planned Unit Developments, specifically the density bonus which may be granted for active recreation areas. 19 , Section 15. 04 . 080 D. 2 Active Recreation Areas. 20 � A four (4) percent density bonus may be authorized if at least ten (10) percent of the site is utilized for active 21 recreational purposes, including but not limited to jogging/walking trails, pools, children's play areas, 22 etc. Only that percentage of space contained within accessory 23 structures that is directly used for active recreation purposes can be included in the ten (10) percent active 24 recreation equipment. 25 i 065AO046 1 11/8/89 FERGUSON 5 BURDELL KOLL CENTER BELLEVUE 500- 108TH AVENUE N.E. SUITE 2100 BELLEVUE,WA 98004 (206)453.1711 C. The Hearing Examiner has misinterpreted Section 15. 04 . 080 D.2 by finding that only that percentage of space 1 contained within accessory structures that is directly used for active recreation purposes can be counted toward 2 the active recreation area requirements, and by finding that the four percent density bonus for active recreation 3 areas must be denied because the minimum, area requirement within accessory structures is not met. (Exhibit 1. ) 4 d. The staff report submitted to the Hearing Examiner for 5 the September 6, 1989 hearing clearly states that the site plan for Dover Place PUD shows ten percent of the 6 site will be used for active recreation, describes the location and nature of the active recreation area and 7 proposes condition as to timing of completion and type of planting materials. Staff found that Dover Place PUD 8 met the requirements for the four percent density bonus allowed under Section 15. 04 . 080 D. 2 . (Exhibit 2 . ) 9 e. Section 15. 09. 060 of the Kent Zoning Code concerns 10 administrative interpretations and provides that the Planning Director has the authority to make it interpretations of the provisions of the code. (Exhibit 3 . ) 12 f. Section 15. 09 . 070 of the Kent Zoning Code concerns 13 Appeals of Administrative Interpretations and provides that appeals of administrative decisions relating to 14 interpretations of the Code shall be heard and determined by the Board of Adjustment. The Hearing Examiner has no 15 authority within the Zoning Code to make official interpretations of the zoning ordinance or to overrule 16 the interpretations of the Planning Director. (Exhibit 3 . ) 17 g. The Planning Director, on November 1, 1989, made an 18 administrative interpretation of Section 15. 04 . 080 D. 2 and found that there is no provision in the PUD chapter 19 (15. 04 . 080) that says a PUD development shall have an accessory building with active recreation before the ten 20 percent open space calculation can be made. The four percent density bonus may be granted based on active 21 recreation areas located entirely in outdoor areas. (Exhibits 4 - 5. ) 22 h. The Hearing Examiner makes no other adverse findings in 23 his reconsideration which provide a basis for denial of the four percent density bonus allowed by Section 24 15. 04 . 080 D. 2 . 25 065AO046 2 11/8/89 FERGUSON&BURDELL KOLL CENTER BELLEVUE 500- 1 OBTH AVENUE N.E. SUITE 2100 BELLEVUE.WA 98004 (206)453-1711 i i. The Appellant accepts all other conditions of approval as recommended by the Hearing Examiner in his decision 1 of October 25, 1989 . 2 4 . Relief Requested. The Appellant requests that this appeal be granted, and that PUD-89-1 be approved for 39 units as 3 submitted, consistent with all applicable regulations. 4 DATED this 8th day of November, 1989 . 5 6 By: � (/l'l G /l/j• L =�iY14YI Nadine M. Zackrisson 7 Attorneys for Applicant Cam-West Development, Inc. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 065AO046 3 11/8/89 FERGUSON 6 BURDELL KOLL CENTER BELLEVUE 500- IOSTH AVENUE N.E. SUITE 2100 BELLEVUE,WA 98004 (206)4S3.1711 Decision on Reconsideration Dover Place #PUD-89-1 and #SU-89-2 guests only. This means each residence will have four on- site parking spaces (above all code minimums) with reserved guest spaces for 15 vehicles. Conditions to implement this are detailed in the Decision below. The Hearing Examiner understands the concerns of the Fire Marshal and citizens surrounding the site regarding violations of parking restrictions. However, the Hearing Examiner has no authority to modify Kent ordinances which address parking requirements. The applicant has prepared a Parking Assessment Study which has been reviewed and agreed to by the Kent Planning Department. The applicant has revised the street widths beyond what is strictly required by the Kent Zoning Code. Any further concerns about street widths and parking restrictions should be directed to policy makers. 4 . The new evidence provided on the proposed active open space area shows that the four percent density bonus should not be allowed. Section 15. 04 . 080 (D) (2) of the Kent Zoning Code states that, for a PUD proposal: A four (4) percent density bonus may be authorized if at least ten (10) percent of the site is utilized for active recreational purposes. . . only that percentage of space contained within accessory structures that is directly used for active recreation purposes can be included in the ten (10) percent active recreation requirement. (emphasis added) The applicant provided a clarification of the type of active recreational area proposed as part of the "Notice of Reconsideration" . Exhibit on Reconsideration #3 designates an area with a green border as the "proposed active open space area" . Statements on the Exhibit indicate that the active recreation area is for "field sports" and that there would be one "sport court area" . The designation of the "sport court area" was changed from a previous indication of a "possible tennis court" . Thus, although no dimensions of the "sport court area" are indicated, the size of the "sport court area" is assumed to be about the size of a tennis court. The "Notice of Reconsideration" on page 3 states that the "active recreation area is approximately 28,000 square feet" . This calculation clearly includes all area within the green border as an active recreation area. This is in direct conflict with the ordinance which states that only that percentage of space contained within accessory structures that is directly used for active recreation purposes can be counted toward the active recreation area requirement. 6 EXHIBIT 1 Decision on Reconsideration Dover Place #PUD-89-1 and #SU-89-2 The Exhibit indicates no accessory structure for active recreational purposes. Even if the "sport court area" were to become an accessory structure, the area designated would not meet the ten percent requirement. The applicant has requested a density bonus for an active recreation area. The granting of this bonus is discretionary. However, certain minimum code requirements must be met before the bonus can be requested. The four percent density bonus for active) recreation areas must be denied because the minimum area requirement within accessary structures is not met. The number of proposed residences shown on the revised preliminary plat (Exhibit on Reconsideration #2) should be reduced accordingly. This means that 38 dwelling units should be authorized rather than the proposed 39 . The Hearing Examiner recommends that the residence be removed from Lot 12 on the proposed Preliminary Plat and that space allocated to additional open space or additional guest parking. The final determination on implementation of density bonus reduction, however, can be made by the Planning Department. j I Staff Report V Dover Place #SU-89-2 and #PUD-89-1 located along the south property line. The landscape plan for Dover Place indicates a screen of evergreen conifers to be planted within the 30 foot open space along this southern edge. Eventually an evergreen screen will visually break up the facades of homes located along the southern edge. Additional landscaping is also proposed along the south half of the eastern edge. Evergreen and deciduous trees will help to provide a screen for new residents from 104th Avenue SE. 2) Active Recreation Areas: A four (4) percent density bonus may be authorized if at least ten (10) percent of the site is utilized for active recreational purposes, including but not limited to jogging/walking trails, pools, children' s play areas, etc. Only that percentage of space contained within accessory structures that is directly used for active recreation purposes can be included in the ten (10) percent active recreation requirement. Planning Department Comment: According to the site plan, ten (10) percent of the site (33 , 105 square feet) will be used for active recreation. The area designated as active open space is located in the center of the property between lots 27-30 and 31. A landscape plan indicates the location of a sport court and open lawn area. To ensure that residents moving into the earlier constructed homes have this open space for their use, the following conditions should be applied: ' A. The active open recreation area shall be constructed and operable upon completion of 50 percent of the homes within the Planned Unit Development. B. Lawn areas shall be planted using typical lawn planting techniques (e.g. 4 inches 5-way topsoil, seed or sod, irrigation system, etc. ) . 9 EXHIBIT 2 Staff Report Dover Place #SU-89-2 and #PUD-89-1 C. The active open recreation area shall be permanently maintained by the home owners association. A maintenance agreement to this effect shall be included in the Conditions, Covenants and Restrictions for the project. 3) Storm Water Drainage: A two (2) percent density bonus may be authorized if storm water drainage control is accomplished using natural off-site drainage features. Natural drainage features may include streams, creeks, ponds, etc. Planning Department Comment: Natural off-site drainage features used for storm water drainage control have not been proposed for this site. Therefore a two (2) percent density bonus can not be granted for this project. 4) Native Vegetation: A four (4) percent density bonus may be authorized if at least fifteen (15) percent of the native vegetation on the site is it left undisturbed in large open areas. >.,.,.,. Planning Department Comment: According to the site plan, fifteen (15) percent of the site (49 , 658 square feet) will be retained as native vegetation. The area designated to be retained as native vegetation includes the area around the perimeter between the proposed lots and property lines. A tree plan showing the location of all trees on the site with a caliper of six inches or greater has been submitted. To ensure that the native vegetation is left undisturbed during construction and permanently retained as native vegetation, the following conditions should be applied: A. No construction practices of any kind shall take place within the area designated to be retained in native vegetation. This excludes such activities as: vehicle maneuvering, materials storage, etc. B. The Conditions, Covenants and Restrictions for the project shall require the proposed native vegetation area to be designated as permanent and be left as native vegetation. Further, no voting ~ 10 a Staff Report Dover Place \ #SU-89-2 and #PUD-89-1 \\\ Planning Department Comment: A team of designers has been used by the applicant for this project. These include architects, a landscape architect, and engineers. Therefore a two (2) percent density bonus may be granted for this project. Density Bonus Determination: The underlying zoning for the subject. property allows 34 .48 units. The applicants have fulfilled the requirements of numbers 1, 2 4, and 7, therefore, a fourteen percent (14 percent) density bonus may be granted. This increase would allow an additional 4 .84 units resulting in a development potential of 39 . 32 units or 39 total developable lots for a single-family PUD. II. HISTORY A. Site History M The proposed 39-lot subdivision and Planned Unit Development was reviewed by members of the Subdivision +ivaa�= Committee at a tentative plat meeting held on June 1, 1989 . All relevant comments and concerns discussed at the meeting are included in the staff report. B. Area History The site is located at the northern boundary of the recent 142 acre East Hill Well Annexation, Area I, which was incorporated into the City in 1987. Annexation of the area occurred as a result of local residents needing to obtain water services from the City. After much deliberation by the City Council and community input, the annexation area was predominantly zoned R1-9 . 6, Single-family Residential . Review of City and County maps indicate that a considerable amount of subdivision activity has occurred in the area prior to annexation. Most of the subdivision activity has occurred directly east of 104th Avenue SE and south of the subject property. The Brier Lane Subdivision abuts the subject property to the 12 E. City Council Action 1. omp a ensrve Plan Ai rn , ays of the receipt of the recommendation from the Planning Commission for the comprehensive Plan for the area of the proposed annexation, the City Council shall consider the Comprehensive Plan at a public meeting. The Council may approve or disapprove the Comprehensive Plan as submitted, modify and approve as modified, or refer the Comprehensive Plan back to the Planning Commission for further proceedings. If the matter is referred to the Planning Commission, the Council shall specify the time within which the Planning Commission shall report back to the Council with findings and recommendations on the matters referred to it. An affirmative vote of not less than a majority of the total members of the Council shall be required for approval. Upon approval of the Comprehensive Plan for the area of the proposed annexation, the Planning Director shall cause an application to be made to the Hearing Examiner for recommendations for initial zoning pursuant to the procedures set forth in this section. 2. Initial Zonin . pon receipt of the recommendations of the Hearing Examiner for the initial zoning of the area of the proposed annexation, the Council shall hold two or more public hearings at least 30 days apart. Notice of the time and place and purpose of such hearing shall be given by publication in a newspaper of general circulation in the City and in the area to be annexed at least 10 days prior to the hearing. The ordinance adopting the initial zoning may provide that it will become effective upon the annexation of the area into the City. The City Clerk shall file a certified copy of the ordinance and any accompaning maps or plats with the County Auditor. 15.09.060 ADMINISTRATIVE INTERPRETATION The Planning Director may make interpretations of the provisions of this code. Such administrative interpretations shall include determinations of uses permitted in the various districts, approval or disapproval of development plans, and zoning permits. Other interpretations may be made as specific circumstances arise which require such interpretations. The purpose of such administrative interpretations is to provide a degree of flexibility in the administration of this code while following the intent of the City Council. 15.09.070 APPEAL OF ADMINISTRATIVE INTERPRETATIONS Any appeal of administrative decisions relating to the enforcement or interpretation of this code, unless otherwise specifically provided for in this chapter, shall be in writing, and shall be filed with the city Clerk and the Planning Department within ten (10) days after such decision stating the reasons for such appeal. A. Said appeal shall be heard by the Board of Adjustment and the Board of Adjustment shall render its decision within sixty (60) days after the filing of such appeal with the City Clerk and Planning Department. 6/28/85 - 143 - EXHIBIT 3 CITY OF MIMI IN ab November 1, 1989 .►--` Nadine M. Zackrisson Ferguson & Burdell Koll Center Bellevue 500 - 108th Avenue N.E. #2100 Bellevue, WA 98004 Re: Administrative Interpretation of Section 15 . 04 . 080 D. 2 of the Kent City Code Dear Ms. Zackrisson: I have reviewed Section 15. 04 . 080 D.2 of the Kent City Code as per your request dated October 31, 1989, and find that your interpretation of this section is correct. The section clearly states that when there is an accessory structure, only that part of the structure directly used for active recreation purposes can be included in the ten (10) percent active recreation requirement. I cannot find any section in the PUD Chapter (15. 04 . 080) that says a PUD development shall have an accessory building with active recreation before the ten (10) percent open space calculation can be made. If you have questions concerning my interpretation, please call me at 859-3390 . cerely, James P. Harris Planning Director JPH: ca a: :,.: EXHIBIT 4 LAW OFFICES OF Ferguson 8 Burden KOLL CENTER BELLEVUE 500 108TH AVENUE N.E..1210C BELLEVUE,WASHINGTON 95004 NAOINE M. ZACKRISSON• AICP TELEX: 32-0382 FAX:(206) 454-5719 (206)453-1711 October 31, 1989 Mr. Jim Harris, Planning Director City of Kent 220 - Fourth Ave. South Kent, WA 98032 Re: Request for Administrative Interpretation of Section 15. 04 . 080 D. 2 Kent Zoning Code Dear Mr. Harris: Under Section 15. 09 . 060 which provides for administrative interpretation of the Zoning Code by the Planning Director, I would like to request an interpretation of Section 15. 04 . 080 D. 2 . This section concerns Density Bonus Standards in Planned Unit Developments, specifically the density bonus which may be granted for active recreation areas. Section 15 .04 . 080 D.2 Active Recreation Areas. A four (4) percent density bonus may be authorized if at least ten (10) percent of the site is utilized for active recreational purposes, including but not limited to jogging/walking trails, pools, children' s play areas, etc. Only that percentage of space contained within accessory structures that is directly used for active recreation purposes can be included in the ten (10) percent active recreation requirement. My reading of this section is that it contains two separate standards by which a project is evaluated. The first is that in order to obtain the four percent density bonus, at least ten percent of the site must be used for recreational activities such as jogging, tennis, children's playgrounds (which might include swings, slides, etc. ) and similar uses. The entire ten percent can be provided by such activities, and thereby warrant the four SEATTLE BELLEVUE ANCHORAGE EXHIBIT 5 Mr. Jim Harris, Planning Director October 31, 1989 Page 2 percent density bonus. However, if the applicant chooses to include a clubhouse or community building, a second test is applied. Only the portion of the building which is actually used for active recreational purposes can be counted toward the ten percent requirement. For example, a community building might include a lounge, meeting rooms, an office, and racquetball courts. Only the area occupied by the racquetball courts would apply toward the ten percent active recreation requirement; the other areas would not. In other words, it is not necessary to provide an accessory building as a condition to meeting the ten percent active recreation requirement. On the contrary, the intent of the ordinance appears to be to encourage outdoor recreational opportunities and to discourage or limit the use of indoor space for active recreation. I have discussed this question with Stephen Clifton of your staff and think that my understanding of the ordinance is consistent with the department' s interpretation. This question, as you may know, is relevant to a recent Hearing Examiner's M decision on a small PUD called Dover Place (PUD-89-1) . As we would like to consider whether or not an appeal should be filed in this matter, I would very much appreciate a response as quickly as possible. Sincerely, FERGUSON & BURDELL SC5'I By: Nadine M. Zackrisson NMZ: rlm cc: Eric Campbell Stephen Clifton Kent City Council Meeting Date November 21, 1989 Category Public Hearings 1. SUBJECT: ADJUSTMENT OF SALARY RANGES 2 . SUMMARY STATEMENT: The City Council recently acted to grant greater flexibility in setting salaries for top City officials. The Council has asked for reconsideration and a public hearing. 3 . EXHIBITS: Letter from Mayor dated 10/31/89 ; memo from City Administrator. 4 . RECOMMENDED BY: Mayor and City Administrator (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES _ FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: _ SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT CLOSE HEARING: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 2C MCCARTHY,TONY / KENT70/FN - HPDesk print. ----------------------------------------- S-bject: DEPARTMENT HEAD SALARY FISCAL NOTE ,,., .ator: Tony MCCARTHY / KENT70/FN Dated: 11/17/89 at 0924. THE IBC TAKES NO POSITION ON THE DEPARTMENT HEAD SALARY RANGE ADJUSTMENT ISSUE BECAUSE UNTIL THE ACTUAL SALARY ADJUSTMENTS ARE GIVEN THE BUDGET IMPACT IS UNKNOWN. CONCEIVABLY THERE COULD BE NO CITY WIDE BUDGET IMPACT BECAUSE THE BUDGET ALLOWS NORMAL MOVEMENT WITHIN THE EXISTING RANGE. AS BACKGROUND INFORMATION THE 11 DEPARTMENT HEADS AS A WHOLE MAKE $53 , 365 PER MONTH. THE AGGREGATE EXISTING RANGE SYSTEM ALLOWS MOVEMENT TO $58,755 PER MONTH BUT ONE DEPARTMENT HEAD IS AT THE MAXIMUM LEVEL. MEMORANDUM TO: CITY COUNCIL MEMBERS FROM: MAYOR DAN KELLEHER AND CITY ADMINISTRATOR ED CHOW DATE: November 16, 1989 SUBJECT: DEPARTMENT HEAD SALARY OPTIONS Though the City Administration feels that prior Council action to raise the salary ranges of City department heads by $1, 500 was appropriate, other alternatives exist. The intent of this proposal was to raise the ranges with salary adjustments to be made based on performance evaluations. The evaluations would consider the unique nature of the department heads job and his or her performance in that job. Past practices for all City employees provide for cola and step increases. The department head's pay plan incorporates this but is based on job performance. Until actual salary adjustments are made there is no budget impact. Even after implementation the impact if any, because an amount for cola adjustments has already been reserved in the budget, will be absorbed in the departmental budgets. Other alternatives to the original proposal are: 1) Increase all department heads top allowable salary range by between $1, 000 and $1, 500 per month. 2) Create a new category for one department head 3) Move one department head to the City Administrator level 4) Do nothing City administration supports any of the top three._ City of Kent, Washington 1989 Final Budget SALARY SCHEDULE AND J08 CLASSIFICATION DEPARTMENT DIRECTOR POSITIONS Salary Range • Control Range Job Classification Minimum Point Maximum Level 1 City Administrator 4 777 5,789 6,800 Level 2 Director of Public Works 3,840 4,655 5,470 Police Chief Fire Chief City Attorney Director of Parks & Recreation Level 3 Assistant City Administrator 3,457 4,190 4,921 Finance Director Director of Planning Information Services Director - 247 - 15-S*p-89 ) CITY OF KENT _~ EXECUTIVE MANAGEMENT PAY PLAN EXISTING PR0P0SED EXIST[N6 AVA[ LABL[ MINIMUM MAXlMUM MAXlMUM ACTUAL TO PROPOSED M&XlMUM LEVEL I 4^ 777 6/800 8, 3O0 � 958 3/342 City Xdm�n ��stratnr �` LEVEL [ l 3,840 5/470 6`973 S 471" Fire. Chief . � 3�0 1 '640 PubliC Works Director , 5 000 , Chief of Polio* . 1 2 970 , 4 90S ,070 City Attorney , 4 900 2' 070 Parks Director ` LEVEL lll 3,467 4,921 6, 421 4 620 1 '80l °^ Finance Director . � 4 620 1 .801 ~' Plonning Director . 4 550 1 ,87i Aast. City Admin. , Per5nnnel Director 1 .6�1 ,~^^ � 4 487 1 934 lnForm. Svos D`r*otor 640 380 262`68O ANNUAL COST . * from 5` 330, ratro to 4/1 ~ r City of Kent 17-Nov-89 1989 Department Head Salary Comparison Kent Renton Redmond Auburn Kirkland --------- --------- --------- -------- --------- Current Current Current Current Current ------- ------- ------- ------- ------- City Adm/Manager/Mayor 4,958 4,796 4,377 4,934 5,923 Asst City Administrator 4,550 3,982 4,970 Not applicable 2,774 Fire Chief 5,470 4,818 5,023 4,650 4,641 Police Chief 5,000 4,818 5,147 4,650 4,641 Public works Director 5,330 5,060 5,361 4,531 4,632 Parks Director 4,900 4,818 4,669 4,251 4,429 City Attorney 4,900 Contract Contract 4,650 Contract Finance Director 4,620 4,818 4,475 4,375 4,629 Planning Director 4,620 4,392 4,156 4,213 4,629 Personnel Director 4,530 4,163 4,778 3,758 3,335 Info Services Director 4,487 3,117 Not applicable Not applicable 3,153 Other Benefits:* City Administrator Car Allowance 200 Car Phone Car Allowance Management Benefit 125 Extra Life Ins 275 Management 83 Car Phone Car Allowance Extra Life Ins 100-200 Longevity: 5 yr 40 10 yr 80 15 yr 120 20 yr 160 20 days vacation on hire *All Police and Fire Chiefs have City cars. _ _ v o 0- Y M �t N P P P In M n O cou W P O I� �T .Y M N N N M Y1 N N 1� �O �O • �t t0 O O M O • L i �O N �t T d �t Y v .} M M U O 2 7 i C C I n U i U O U C E O a~0 v d •NO .t M M U 6 1L L aI IT Vl V1 IA pOppp U i C N M M i Y � W al C M d 1101 0i M in 01 n M N L N P a] •O 10 10 M N n al L V U L v •_^ � �? � v v v v M •_ 7 U • a a 4 6 C • � Y Y L • O o • Z < � m • •c d a at w • Y o M n P Y v� •o m d u w u L C • n N It •O �O U n 1� L C C C C 0) • M O• O M ' Z m L U O L C L U 6 U U O 00 co G E] N a •L pE� • E P M M Mrz P rz Z J J aQ1I m L L U W W a P P Pin N d m a _ � P P OM• Ir •O Vl lr O al N M M M M M M M M C m Z • Y w a O a) Y .O N CO m O m Y CO N M n O O O O s C • P m •O U P 'O �_ v m ^ •O T N • n P O a0 O � m a0 M Y V L L U N 7 C E U O Y U L 0 a) O 0 — ;3 0Go 0 co 0, M co n O C E O m COLO M P N m d' W P S ^ 1 M M M Vl 10 10 v _ vPi Off. P 10 P P lrPi v�i M N Y CO O O O O O O O O O W P VM1 �f O M P P 10 � VMi N N a0 L J U i E m C 7 O N Ol Ol � ol n � n N N m N 66 M P P P P P P P Y X DD �O N Y E • � �T a0 � a0 CO V OD � v v N t m a1 L L L O L Y U O Y L O T aI O Y L •f al 10 L Y U O d L Y U L Y c C \ m N L O L a) 0 a! LL L L L O Y t L U m al C •^ O Y U O •• Y C ap m Q w �a u c o u •« ' c i; m T t Lo oL a o i c K a rn `• ^ L O Y a) C al m L C W a! T T T T O < U U W < u 0 N T at al m rn d U m C C O L Y U Z C C V1 O Ili O T Y N A Y T M C m O W m< — .^ O J m •^ J N C Y Q U W d d d U u. d d o t MEMORANDUM TO: JIM WHITE, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS . FROM: DAN KELLEHER, MAYOR \'I_� DATE: OCTOBER 31, 1989 SUBJECT: RECENT CITY COUNCIL ACTION ADJUSTING SALARY RANGES The City Council recently took action to grant City Administration greater flexibility in setting salaries for top city officials. To be more specific, the Council ' s action enhanced administrative salary setting flexibility by raising the maximum allowable salaries permitted in top salary ranges. As you are aware, the practical impact of this action will be that one city employee who is now being compensated at the very top step within his range [and who is therefore ineligible for any further merit increases] will receive a pay raise. This action has generated controversy. Some citizens have expressed concern because they disagree with the Council ' s action; others have expressed concern because the issue was discussed in executive session, and then acted upon without notice to the public. I wish to offer two suggestions which may not completely satisfy our critics, but which may help to reduce their level of dissatisfaction with our decision: 1. In future when the Council intends to act on an item which it has discussed in executive session, and which it has determined is not time-sensitive, the Council should give the motions] it intends to pass a "first reading" to let people know what we intend to do. Then any such motion[s] should be automatically scheduled for a "second reading" and for final passage at the next consecutive Council meeting two weeks later. RECENT CITY COUNCIL ACTION ADJUSTING SALARY RANGES PAGE 2 Such a procedure would give citizens and the press an opportunity to offer suggestions or criticisms . Even if we were to implement this procedure and allow public review of motions which we have discussed in executive session, it' s important to _note that Council Members would still be under no obligation to discuss any aspect of their decision-making rationale if they felt that such information would be sensitive, confidential, or privileged. 2 . As a gesture of good faith, courtesy and openness, the Council should agree to hold a re-consideration vote on this controversial issue, and we should agree to hold a public hearing to allow open comments or criticisms of the subject proposal . Mr. Chow and I still think that the City Council ' s recent action was the best step possible considering the circumstances. We are fully prepared, however, to discuss alternative approaches in dealing with this situation, and of course should the Council decide to reverse or change their prior decision, we pledge to work with you faithfully to implement whatever course of action you ultimately choose. Thank you for considering my suggestions. I respectfully request that you implement them. Please notify me of your decision. DK: am SALARY' RANGES (OTHER BUSINESS - ITEM 4C) AND EXECUTIVE (ADDED AT REQUEST OF MAYOR KELLEHER) SESSIONS It was noted that the Mayor had sent a memo to the Council dated October 31, relating to the fact that salary ranges for Administration had been discussed in executive session and then action to approve taken immediately after the closed session. The public has objected to raising the maximum allowable salary ranges and to the fact that action was taken without notice to the public. The Mayor has suggested that after executive sessions, motions could be given a "first reading" and not pass ed until the next Council meeting. He also suggested that the Council reconsider the matter of the salary ranges at a public hearing. HOUSER MOVED to implement the Mayor' s suggestions and Woods seconded. White noted that he ,had some concern about the proposal 'to have first and second readings but that he had no problem with. delaying action after an executive session. Mayor Kelleher suggested that a public hearing be held at the next meeting on both subjects. Houser and Woods concurred and the motion carried. Kent City Council Meeting Date November 21 1989 Category Public Hearings 1. SUBJECT: EXECUTIVE SESSIONS - PROCEDURE 2 . SUMMARY STATEMENT: Recently the Council discussed a personnel issue in an executive session and upon reconvening, took action. Comments have been received that the public had no notice that action would be taken after the closed session. This hearing has been established to receive input from the public suggesting how executive sessions might be better conducted. 3 . EXHIBITS: Letter from Mayor dated 10/31/89 ; excerpt from City Council minutes of 11/7/89 . 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: None SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT CLOSE HEARING: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 2D MEMORANDUM TO: JIM WHITE, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: DAN KELLEHER, MAYOR �"� DATE: OCTOBER 31, 1989 SUBJECT: RECENT CITY COUNCIL ACTION ADJUSTING SALARY RANGES The City Council recently took action to grant City Administration greater flexibility in setting salaries for top city officials. To be more specific, the Council ' s action enhanced administrative salary setting flexibility by raising the maximum allowable salaries permitted in top salary ranges. As you are aware, the practical impact of this action will be that one city employee who is now being compensated at the very top step within his range [and who is therefore ineligible for any further merit increases] will receive a pay raise. This action has generated controversy. Some citizens have expressed concern because they disagree with the Council ' s action; others have expressed concern because the issue was discussed in executive session, and then acted upon without notice to the public. I wish to offer two suggestions which may not completely satisfy our critics, but which may help to reduce their level of dissatisfaction with our decision: 1. In future when the Council intends to act on an item which it has discussed in executive session, and which it has determined is not time-sensitive, the Council should give the motions] it intends to pass a first reading" to let people know what we intend to do. Then any such motion[s] should be automatically scheduled for a "second reading" and for final passage at the next consecutive Council meeting two weeks later. RECENT CITY COUNCIL ACTION ADJUSTING SALARY RANGES PAGE 2 Such a procedure would give citizens and the press an opportunity to offer suggestions or criticisms . Even if we were to implement this procedure and allow public review of motions which we have discussed in executive session, it' s important to note that Council Members would still be under no obligation to discuss any aspect of their decision-making rationale if they felt that such information would be sensitive, confidential , or privileged. 2 . As a gesture of good faith, courtesy and openness, the Council should agree to hold a re-consideration vote on this controversial issue, and we should agree to hold a public hearing to allow open comments or criticisms of the subject proposal. Mr. Chow and I still think that the City Council ' s recent action was the best step possible considering the circumstances. We are fully prepared, however, to discuss alternative approaches in dealing with this situation, and of course should the Council decide to reverse or change their prior decision, we pledge to work with you faithfully to implement whatever course of action you ultimately choose. Thank you for considering my suggestions. I respectfully request that you implement them. Please notify me of your decision. DK: am SALARY. RANGES (OTHER BUSINESS - ITEM 4C) AND EXECUTIVE (ADDED AT REQUEST OF MAYOR KELLEHER) SESSIONS It was noted that the Mayor had sent a memo to the Council dated October 31, relating to the fact that salary ranges for Administration had been discussed in executive session and then action to approve was taken ' immediately after the closed session. The public has objected to raising the maximum allowable salary ranges and to the fact that action was taken without notice to the public.. The Mayor has suggested that after executive sessions, motions could be given a "first reading" and not passed until the next Council meeting. He also suggested that the Council reconsider the matter of the salary ranges at a public hearing. HOUSER MOVED to implement the Mayor' s suggestions and Woods seconded. White noted that he 'had some concern about the proposal to have first and second readings but that he had no problem with. delaying action after an executive session. Mayor Kelleher suggested that a public hearing be held at the next meeting on both subjects. Houser and Woods concurred and the motion carried. CONSENT CALENDAR 3 . City Council Action: Councilmember moves, Councilmember � seconds that Consen alendar Items A through X be approv ry Discussion a" Action ti IJ 3A. Approval of Minutes. ) Approval of the minutes of the regular Council meeting of November 7, 1989. 3B. Approval of Bills. Approval of payment of the bills received through November 17, 1989 after auditing by the Operations Committee at its meeting at 3 : 00 p.m. on December 1, 1989 . Approval of checks issued for vouchers: Date Check Numbers Amount Approval of checks issued for payroll: Date Check Numbers Amount Council Agenda Item No. 3 A-B Kent, Washington November 7 , 1989 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Kelleher. Present: Councilmembers Dowell, Houser, Johnson, Mann, White and Woods, City Administrator Chow, City Attorney Driscoll , Planning Director Harris, Public Works Director Wickstrom, Finance Director McCarthy, Police Chief Frederiksen, Fire Chief Angelo, Assistant City Administrator Hansen and Information Services Director Spang. Parks Director Wilson was not in attendance. Approximately 100 people were present. PRESENTATIONS Mayor Kelleher noted that Webelos Pack 506 , Badger Patrol, was in attendance. He pointed out they are working on their Activity Pins in Citizenship, and welcomed them to the meeting. (PRESENTATIONS - ITEM 1A) City Administrator Ed Chow, who is the State Chairman of Vietnam Veterans of America, introduced Lt. Mike Sweeney and his family. Chow noted that Sweeney' s father, Capt. Clarence Sweeney, had been killed in Vietnam on February 71 1967 . Chow and other Vietnam Veterans presented Sweeney with a flag and a collage, in honor of Capt. Sweeney. (PRESENTATIONS - ITEM 1B) Employee of the Month. Mayor Kelleher announced that Jan Bannister of the Administration Dept. has been named Employee of the Month for November. He noted that she is the Administrative Secretary to the Mayor, City Administrator and Council, and commended her for her dedication and professionalism. He then presented her with the Employee of the Month plaque. (PRESENTATIONS - ITEM 1C) National Bible Week. The Mayor read a proclamation declaring the week of November 19-26, 1989 as National Bible Week in the City of Kent and urged all interested citizens to participate in its observance. (PRESENTATIONS - ITEM 1D) Human Services Month. Mayor Kelleher read a proclamation declaring November, 1989 as Human Services Month in the city of Kent. He presented the proclamation to Rev. Eckfeldt, Chairman of the Human Services Commission. _. 1 November 7 , 1989 CONSENT HOUSER MOVED that Consent Calendar Items A through L CALENDAR be approved. Mann seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of October 17 , 1989 . HEALTH AND (CONSENT CALENDAR - ITEM 3G) SANITATION Tudor Square III. ACCEPTANCE of the bill of sale and warranty agreement for continuous operation and maintenance of approximately 11709 feet of water main extension and 1, 753 feet of sanitary sewer main extension constructed in the vicinity of S .E. 270th and lllth Pl. S .E. for Tudor Square III and release of cash bond after expiration of the maintenance period. (CONSENT CALENDAR - ITEM 3H) Seven Oaks East. ACCEPTANCE of the bill of sale and warranty agreement for continuous operation and maintenance of approximately 2 ,033 feet of water main extension and 2 , 147 feet of sanitary sewer main extension constructed in the vicinity of S .E. 263rd and 119th Dr. S.E. for Seven Oaks East and release of cash bond after expiration of the maintenance period. (CONSENT CALENDAR - ITEM 3I) Victoria Ridge. ACCEPTANCE of the bill of sale and warranty agreement for continuous operation and maintenance of approximately 2 ,042 feet of water main extension, 2 , 128 feet of sanitary sewer extension, and 885 feet of storm sewer improvements constructed in the vicinity of Lake Fenwick Road and S. 272nd for Victoria Ridge and release of cash bond after expiration of the maintenance period. STREET (CONSENT CALENDAR - ITEM 3L) VACATION Signature Pointe Street Vacation. ADOPTION of Resolution 1220 , setting the public hearing date of December 5, 1989 on the petition of Signature Pointe Limited Partnership to vacate a portion of the Hawley Rd. 2 w November 7, 1989 PRELIMINARY (CONSENT CALENDAR - ITEM 3E) SUBDIVISION Dover Place Preliminary Subdivision No. SU-89-2. AUTHORIZATION to set November 21, 1989 for a public meeting to consider the Hearing Examiner' s recommendation of conditional approval of a 39 lot residential subdivision. The property is 7 . 6 acres in size and is located north of the intersection of 103rd Ave. S.E. and S.E. 228th St. and abuts a portion of the west side of 104th Ave. S .E. Upon Johnson' s question, Planning Director Harris clarified that this would be a public hearing if an appeal is filed. Two appeals were subsequently filed and a public hearing will be conducted on November 21. (Two appeals were subsequently filed and a public hearing will be conducted on November 21. ) PORNOGRAPHIC/ (OTHER BUSINESS - ITEM 4B) OBSCENE American Family Association. Dale Dvorak of the MATERIALS American Family Association stated that state laws permit prosecution of businesses which sell or display pornographic materials, with the county prosecutor authorized to pursue such cases. He noted that censorship is not the issue and further, that videos were the biggest problem. His handout listed 20 stores in the Kent area which carried obscene materials. The association has asked that a trained officer be assigned to this problem for a few hours a week to investigate such businesses. Andrea VanGore suggested that Washington Together Against Pornography could assist in training an officer. Dowell noted that some of these could also be zoning infractions inasmuch as the City had adult entertainment zoning restrictions. WHITE MOVED for a plan of action to be drafted by the City Attorney, Police Chief and City Administrator and for such plan to be considered by the Public Safety Committee. Dowell seconded and the motion carried. BUDGET (PUBLIC HEARINGS - ITEM 2A) 1990 Budget. Tonight' s meeting has been set to receive public input on the City's 1990 Comprehensive Budget. The budget document was _. 3 November 7 , 1989 BUDGET presented to the Council at a workshop on October 17 and has been available to the public since that date. Council committees are meeting as scheduled through November 15 to discuss any possible changes to the budget. The meeting of the Council-as-a-whole is scheduled for November 21 to review any changes and to direct the preparation of the 1990 Budget ordinance and the tax levy ordinance to be presented at the Council meeting of December 5. The public hearing was opened by Mayor Kelleher. In response to questions from Anne Biteman of 24324 Military Road, Finance Director McCarthy clarified that the 1990 Civil Service budget included provision for a full time person instead of part time. He also noted that the miscellaneous revenue reflected rental income and contributions to the city. He pointed out the differences between the 6 1/2% garbage utility tax and the 3% tax on power, gas, phone, etc. Mrs. Biteman commented that the increase in utility taxes was difficult for retirees and seniors. McCarthy noted that the City had a lifeline program with reduced rates for 300 qualifying seniors. White suggested that McCarthy research the possibility of lowering the utility taxes and to report to him and to Mrs. Biteman. Marvin Eckfeldt, Chairman of the Human Services Commission, introduced the heads of the 10 agencies funded by the City under this program. There were no questions and no further speakers, and WOODS MOVED to close the public hearing. Houser seconded and the motion carried. PURCHASE (CONSENT CALENDAR - ITEM 3J) AGREEMENT Interlocal Cooperation Purchasing Agreement. AUTHORIZATION for the Mayor to sign an Interlocal Cooperation Purchasing Agreement with Mason County, as recommended by the Public Works Committee. 4 November 7 , 1989 POLICE (CONSENT CALENDAR - ITEM 3C) Standards for Public Defense Services. As recommended by the Public Safety Committee, ADOPTION of Resolution 1219 , establishing standards for public defense services. The 1989 Legislature requires each city to adopt such standards for delivery of public defense services. (CONSENT CALENDAR - ITEM 3F) Drinking Driver Task Force Donations. ACKNOWLEDGEMENT of donations to the Drinking Driver Task Force from Patterson's Optical in the amount of $10. 00 and Nor-Pac Systems in the amount of $25. 00. Both will be used for the 1990 Design Contest awards. EQUIPMENT (BIDS - ITEM 5A) RENTAL Articulating Multi-Grader. Bid opening was held October 20 with three bids received. Each bid contained some minor variations from the specifications. The fleet manager has reviewed the bids, tested the equipment, and has found it satisfactory for our use. He therefore recommended _. that the minor discrepancies be waived and the bid be awarded to the low bidder, Fray Equipment Company, for the bid amount of $43 , 974 . 00. JOHNSON SO MOVED. Houser seconded and the motion carried. SALARY RANGES (OTHER BUSINESS - ITEM 4C) AND EXECUTIVE (ADDED AT REQUEST OF MAYOR KELLEHER) SESSIONS It was noted that the Mayor had sent a memo to the Council dated October 31, relating to the fact that salary ranges for Administration had been discussed in executive session and then action to approve was taken immediately after the closed session. The public has objected to raising the maximum allowable salary ranges and to the fact that action was taken without notice to the public. The Mayor has suggested that after executive sessions, motions could be given a "first reading" and not passed until the next Council meeting. He also suggested that the Council reconsider the matter of the salary ranges at a public hearing. HOUSER MOVED to __ 5 November 71 1989 SALARY RANGES implement the Mayor' s suggestions and Woods AND EXECUTIVE seconded. White noted that he had some concern SESSIONS about the proposal to have first and second readings but that he had no problem with delaying action after an executive session. Mayor Kelleher suggested that a public hearing be held at the next meeting on both subjects. Houser and Woods concurred and the motion carried. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through October 31, 1989 after auditing by the Operations Committee at its meeting at 3 : 00 p.m. on November 15 , 1989 . Approval of checks issued for vouchers: Date Check Numbers Amount 10/16-10/27 84919-84950 $ 252 , 177 . 13 10/30/89 84951-85364 939 , 634 . 46 $1, 191, 811 . 59 Approval of checks issued for payroll : 10/20/89 126195-126862 $ 742 , 045 .95 11/3/89 126863-127552 753 , 767 . 89 (CONSENT CALENDAR - ITEM 3D) Early Payoff of LIDS on City-Owned Property. APPROVAL of the Finance Department proposal to pay off two LIDS on City-owned property, as discussed at the Operations Committee meeting of November 1, 1989 . LID 301 with an interest rate of 10 . 35% through 1993 requires an additional $89 , 830. 00 to save $23 , 243 . 20 in additional interest costs. LID 300 with an interest rate of 10. 06% through 1995 requires an additional $162 , 603 . 00 to save $49 , 073 . 18 in additional interest costs. The analysis, including an IBC fiscal note noting funding sources, describes the payoff and its net economic savings in more detail. The proposal 6 M November 7 , 1989 FINANCE includes the complete payoff of LID 301 due November 15, 1989 . A subsequent analysis relates to paying off LID 300 on February 15, 1990, assuming the City's financial condition continues to improve and no urgent capital need arises for which there is no other funding option. (OTHER BUSINESS - ITEM 4A) Contribution for Dr. Woods' Trip to Kherson Soviet Union. After discussion, the Operations Committee recommends APPROVAL of $500 for partial reimbursement of travel expenses for Councilperson Judy Woods for her trip with other City personnel to Kherson, Soviet Union. The fiscal note reviewed the Council 's budget for travel, subsistence, and training and noted that there appear to be available funds within the budget. The note also showed that Dr. Woods has had minimal direct travel expenditures charged against that budget. Dowell noted that although he feels the sister city proposal is a good one, that it should be a people- to-people program rather than government-to- government, and that it should be funded by the people participating rather than the City. Jeanne Humphrey, 23725 156th Ave. S.E. , a member of the Youth Exchange Society, explained that such a program must be arranged officially by the government. She pointed out that the program was approved by Kherson's council, just as it was in Kent. She also noted that 33 members of the Youth Exchange Society will be visiting Kent in the future and that that visit will not be funded by the City or taxpayers. Mann stated that this program does not endorse the government of the Soviet Union, but rather is an opportunity to show brotherly love and establish a relationship with them. The Mayor said he feels the request is appropriate and urged the Council to support it. White pointed out that the Council has stayed within their travel budget this year, and expects to in the future as well . 7 November 7 , 1989 FINANCE The motion to approve the appropriation of $500 . 00 to Dr. Woods then carried, with Dowell voting nay. APPOINTMENTS (CONSENT CALENDAR - ITEM 3K) Mayor's Appointments. CONFIRMATION of the Mayor' s following appointments: Reappointment of Carol Stoner to the Planning Commission to December 1992 . Reappointment of Marci Hobbs to the Arts Commission to October 1993 . Appointment of Sally Storey to the Arts Commission to October 1993 to replace Rob Dreblow, whose term has expired. Reappointment of Walt Flue to the Board of Adjustment to February 1995. REPORTS (REPORTS - ITEM 6C) Public Works. Johnson noted that the Public Works Committee will meet at 3 : 00 p.m. on November 14 in the Engineering Building Conference Room to discuss the budget. (REPORTS - ITEM 6F) Parks Committee. Dowell noted that the Parks Committee will meet at 4 : 00 p.m. on November 8 , in the Courtroom. (REPORTS - ITEM 6G) Administrative Reports. The Mayor pointed out that he and Councilmember Woods will be in Kherson, Soviet Union on November 21. WHITE MOVED that they be excused from the Council meeting of that date. Houser seconded and the motion carried. EXECUTIVE At 8 : 15 p.m. , City Administrator Chow announced that SESSION there would be an executive session of approximately 20 minutes to discuss potential litigation. No action will taken. ADJOURNMENT At 8 : 25 p.m. , the meeting reconvened and adjourned. Marie Jensen, CMC City Clerk 8 _w. Kent City Council Meeting Date November 21, 1989 Category Consent Calendar 1. SUBJECT: ECONOMIC DEVELOPMENT CORPORATION - Resolution 2 . SUMMARY STATEMENT: Adoption of Resolution 1 $�lproviding for the appointment of Jon Johnson to take Berne Biteman's position on the Board of Directors of the City of Kent Economic Development Corporation. Authorization to set a TEFRA hearing on the application of Continental Mills for Industrial Revenue Bonds for the Council meeting of December 5 , 1989 . 3 . EXHIBITS: Letter from Jim White. 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL ttOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3C TO: Mayor and Council FROM: Council President Jim White SUBJECT: EDC Appointment DATE: November 16 , 1989 ------------------------------------------------------- I have asked Jon Johnson to take Berne Biteman ' s place on the Board of Directors of the Economic Develop- ment Corporation. The Corporation is processing an application for industrial revenue bonds for Continental Mills and the Council is required to have a public hearing. We have scheduled this hearing for December 5, 1989. � N \v �. Kent City Council Meeting Date November 21 1989 Category Consent Calendar 1. SUBJECT: CONTRACT FOR COLLECTION OF SOLID WASTE 2 . SUMMARY STATEMENT: Authorization for approval of the non-exclusive contract for collection of solid waste within Kent city limits with the Rabanco Company for a period of six months. Pursuant to Kent City Ordinance 2870, companies providing collection of solid waste services in the City may either enter into a contract or continue to provide service if that company was providing such on the effective date of the ordinance. The Rabanco Company chose to enter into the contract that was specified in the Ordinance. That contract is set to expire on December 19 , 1989 , ninety (90) days from the date of execution. The company has requested an extension of that contract, which is permitted by the terms of the contract. 3 . EXHIBITS: Extension contract 4 . RECOMMENDED BY: O erations Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT_ NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3D EXTENSION OF CONTRACT REGARDING SOLID WASTE HANDLING This extension of the contract regarding solid waste handling is entered into this day of December, 1989, between the City of Kent, a Washington municipal corporation ("City") and the Rabanco Companies, a Washington partnership, dba Kent Disposal Company ("Contractor") . WHEREAS, the City of Kent has authority to provide for public health, safety and welfare pursuant to the Washington State Constitution and, specifically, for solid waste handling services as provided by state law; and WHEREAS, from January 1 , 1987, the Contractor has provided solid waste collection and disposal services within the City on a non-exclusive, interim basis; and WHEREAS, the City entered into .a contract regarding solid waste handling with the Contractor on September 29, 1989, a copy of which is attached and incorporated herein by this reference as Exhibit A; and of WHEREAS, the City has determined that it is and extendlallhtermseandtconditeonsbofc health, safety and welfare to continue this contract on a non-exclusive basis; NOW, THEREFORE, In consideration of mutual benefits and promises herein, the parties hereby agree as follows: 1 . The Contract regarding Solid Waste Handling (Exhibit A) shall be extended for a period of six months from the expiration date of that contract. 2. All terms and conditions as set forth in that Contract shall continue in full force and effect with all parties being bound thereto. This agreement is executed and dated this day of December, 1989. CITY OF KENT, WASHINGTON By: ' DAN KELLEHER, MAYOR Attest: MARIE JENSEN, CITY CLERK THE RABANCO COMPANIES By: WARREN J . RAZORE, PRESIDENT RABANCO LTD. , INC. STATE OF WASHINGTON ) COUNTY OF KING ) I certify that I know or have satisfactory evidence that Warren J . Razore signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the President of Rabanco Ltd. , Inc. as General Partner of The Rabanco Companies, a general partnership, to be the free and voluntary act of such general partnership for the uses and purposes mentioned in the instrument. Dated this day of 1989• Notary Public in and for the State of Washington, residing at My commission expires 5601L-2L a Kent City Council Meeting Date November 21, 1989 Category Consent Calendar 1. SUBJECT: ATCO - WATT 2 . SUMMARY STATEMENT: Acceptance of the bill of sale and warranty agreement for continuous operation and maintenance of approximately 300 feet of sanitary sewer extension constructed in the vicinity of 88th Ave. S . and S. 224th for the ATCO-WATT project and release of the cash bond. 3 . EXHIBITS: Vicinity map 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3E 3 . s J= w' . - 00 ATCO-WATT 1 Kent City Council Meeting ( Date November 21 , 1989 Category Consent Calendar 1. SUBJECT: KENT LIBRARY SCULPTURE COMMISSION 2 . SUMMARY STATEMENT: Authorization to approve the selection of sculpture by artist Valdis Zarins for the new Kent Library. The artwork was chosen from proposals by three finalists who were selected from a field of 95 artists who applied for the project. The jury for the project was Dr. Judy Woods, Kent City Council ; Grace Hiranaka, Arts Commission; Jeanne Thorsen and Thom Richardson, King County Libraries; Laurel Whitehurst, Kent Library Board; Loralynn Young, Kent Library; Tom Jay and Elizabeth Sandvig, artists. 3 . EXHIBITS: Artwork proposal (model available at meeting) ; City art process; project chronology. 4 . RECOMMENDED BY: Library project fury, Kent Arts Commission Kent Library Board Kent Parks Department Kent Parks Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT• NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $33 , 000 SOURCE OF FUNDS: City Art Program Fund (alreadv budgeted) 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3F CITY ART PROGRAM PROCESS 1. Project listed in City Art Plan *Kent and King County Library Board input and process approval 2 . Advisory Panel established -site -general scope of project 3 . Jury selects art 4 . Arts Commission reviews and approves 5 . Parks Committee reviews and approves 6. *Kent Library Board reviews and approves 7 . *King County Library Board reviews and approves 8 . City Council reviews and approves *extra steps incorporated at request of King County Library System KENT LIBRARY PROJECT CHRONOLOGY 1987 * Project listed in City Art Plan * Library architect selection committee notified of Arts Commission interest 1988 * Grace Hiranaka and Liz Carpenter attend Library Board meetings and propose gallery space designed by an artist be integrated into new library as a public art project * Gallery space (designed by architects) is eventually integrated into facility at no cost to Arts Commission budget * Public art funds now available for an artwork 1989 * Advisory .Panel assembled. Voting Members: Judy Woods, Grace Hiranaka, Dan Walters, Laurel Whitehurst, Loralyn Young, Pat Shelby * February 7 first meeting -project and sites discussed -entrance area designated as site for art (after review of several sites - indoor and outdoor) -outdoor artwork/sculpture deemed appropriate for site * March 9 second meeting -project prospectus reviewed and approved * Project advertised * May 22 first jury meeting Members: Judy Woods, Grace Hiranaka, Laurel Whitehurst, Loralyn Young, Tom Jay, Elizabeth Sandvig (artists) , Jeanne Thorsen (King County Library) 95 proposals from artists reviewed 3 finalists selected Finalists notified - each researches project and puts together specific proposal * June 26 second jury meeting -Jeanne Thorsen replaced by Thom Richardson as King County Library representative -proposals reviewed Valdis Zarins selected Other artists: Larry Anderson, Gerry Tsutakawa i Kent City Council Meeting {\� Date November 21, 1989 Category Consent Calendar 1. SUBJECT: ANNUAL ACCOUNTS RECEIVABLE WRITE-OFF 2 . SUMMARY STATEMENT: Authorization to write off $130, 297 . 18 in City accounts receivable as discussed at the Operations Committee meeting of 11/15/89 . The amount represents 1. 3% of total City accounts receivable as of October 31, 1989 . Both the Finance Department and Law Department feel they have pursued all cost effective collection efforts. The attached information describes the City's accounts receivable collection process and identifies the individual accounts to be written off. The write-off has a minimal budget impact since all accounts dated prior to 12/31/87 have been 100% reserved, and those accounts since 12/31/87 have been 5% reserved. The net budget impact is therefore approximately $6, 500. 3 . EXHIBITS: As attached. 4 . RECOMMENDED BY: Finance Department Law Department Operations Committee (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: `` �� NO YES _ FISCAL/PERSONNEL NOTE: Recommended / DIN Not Recommended 6 . EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: A L.� PAA+L1 L k0 f-G F"0'b S 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: - Council Agenda Item No. 3G MCCARTHY,TONY / KENT70/FN - HPDesk print. ----------------------------------------- ^"bject: ACCOUNTS RECEIVABLE WRITEOFF FISCAL NOTE ,..,.eator: Tony MCCARTHY / KENT70/FN Dated: 11/16/89 at 1008 . THE IBC RECOMMENDS THE ACCOUNT WRITEOFF AS PROPOSED BY THE FINANCE AND LAW DEPARTMENTS BECAUSE ADDITIONAL COLLECTION EFFORTS ARE NOT DEEMED TO BE COST EFFECTIVE. THE WRITEOFFS OF $130, 297. 18 REPRESENTS 1.3% OF TOTAL CITY RECEIVABLES AND HAS A NET BUDGET IMPACT OF $6,488. 31 SINCE AMOUNTS OLDER THAN 12/31/87 HAVE ALREADY BEEN 100% RESERVED AND OTHER AMOUNTS OLDER THAN 12/31/88 HAVE BEEN RESERVED AT A 5% RATE. THIS BUDGET IMPACT WILL BE ABSORBED IN THE INDIVIDUAL FUNDS. THE IBC FURTHUR NOTES THAT EVEN THOUGH AMOUNTS ARE WRITTEN OFF, THEY CAN STILL BE COLLECTED AND THAT THE CITY SHOULD MAKE ONE LAST EFFORT TO COLLECT THE INSURANCE CLAIM FROM A BANKRUPCT CALIFORNIA INSURANCE COMPANY ON THE KENT COMMONS RACKETBALL COURT LEAK. THIS EFFORT SHOULD BE DIRECTED TO THE STATE OF WASHINGTON INSURANCE COMMISSIONER. MEMO DATE: November 9, 1989 TO: Operations Committee /� FROM: Tony McCarthy, Finance Director 0� SUBJECT: Account Receivable Writeoffs Our Accounts Receivable Subsidiary Aging Schedule for October 31, 1989 shows $10, 215, 916 .tq receivables with $375,442 . 94 in the 90 day and older category. Many in the 90 day and older category are over 12 months past due and we are requesting writeoff authorization for the following. Amount Reason Miscellaneous receivables (a) $112 , 464 . 38 I 60E-gAdfi ZZ143 L Ga y Parking Citations older than WyIsaH, 11, 003 12/31/87 11, 003 . 00 II -$330;-s13 12 1301Z91.A �3�433 I. These accounts have been pursued to the maximum that is cost effective. For many the responsible party cannot be located or is bankrupt. These accounts include $79 , 597 . 09 for drain- age charges disputed by the State and determined, by the City Attorney to be too costly to pursue given the uncertainty of the outcome. Also some utility accounts are included for which the responsible party has become bankrupt or for which we have lost our lein rights. (a) . All accounts older than 12/31/87 are 100% reserved and their writeoff will have no budgetary impact. (b) . Accounts subsequent to 12/31/87 are 5% reserved and will have a budgetary impact of $�—�. This amount will be absorbed in the individual fund budqets. 6�488.3► II . Account is over 18 months past due. Individual billings are for $5 to $25 parking citations for which further collection effort is not cost effective. Attachments: October 31, 1989 Aging Schedule Receivable Procedures List of Proposed Writeoffs OCTOEfR 31, 1969 ACCOUTS RECEIVABLE AGIW SCNEOl4.E Exhibit C NRiBER OF FM 10/1-10/31 9/1-91no s/1 s/31 Total ACCOUNTS NEPiBER 0-30 days 30-W days 60-91 days 90F days Due ---------------------------------- ----------------------------------------------------- wAL.RM Riscellwwis 141 001 109,?44.18 1,O<.J6.00 987.54 52,761.i72 164,1t9.54 Traffic Violations 620.0) 455.00 MOO 26,7EA.00 28,554.00 192,743.54 CAPITAL IRFROVEWS 0 150 0.W 0.00 0.00 OM O.W HOUSING 0(apt, DEV. 1 1XX 16,710.55 0.00 0.03 0.00 15,710.55 OTHER OKRATIN; PROJECT 1 NXX 5,316X5 0.00 0.00 O.UO 5,316.65 STREET CAPITAL PROJECTS 5 RXX 3 1,166.89 7,081.92 0.001 16.w 333,265.41 PARK CAPITAL PROJECTS 1 PXX 15,161.26 0.0) 0.00 0100 15,161.26 OTHER CAPITAL PROJECTS 1 w 0.00 0.00 0.0) 19,92 19.9L � HATER Riscellaneous 61 410 4,440.93 3,93r7.63 i,fF7.22 14,702.53 24,941.31 Utility 509,559.07 1EA,016.51 15,906.35 15,569.37 695,U70.30 HATER CAPITAL PROJECT 0 HXX 0.00 0.00 0.00 0.00 O.W 720,011.61 x SENERA( Riscell".01s 32 440 33,128.45 2,753.47 2d. 6 69,867.77 125,7P4 85 5 ULID ai 1 0.00 0.00 0.00 6.65 6.8 / �MCL, Jtt Utility 543,209.25 1FA,370.44 15,323.06 X,707.62✓ 733,610.39 f SENEW CAPITAL PROJ 1 OXX 0.00 0.00 0.0) 461.78 461.78 CALF COURSE 1 480 1,572.64 0.W 0.0) 6.00 1,572.84 EWIFtUT RENTAL 7 510 59.15 2,058.41 O.W 1,515.78 3,633.34 0TRAI. SERVICES 9 0 1,776.13 M.19 310M 0.00 2,408.3O It✓clW:'E 0 SF,X O.W 0,00 0.GO 0.00 0•01) ' UTILITY CLEARING 2 670 860.17 aN.94 0.0) 0.00 92U.11 Erm DEU OR 0 686 0.00 0.00 0.00 0.00 0.00 SPECIAL R.-ZESSMENTS 295 7 262 3,263.40 0.013 O.W 753.Q9 4,016.49 278 1 251 0.0) 0.01) 0.00 594.35 594.35 280 2 255 0.00 0.03 O.W 339.82 339.82 2, 3 259 3,5bs.25 0.W 0.M 0.0) 3,EtiJ.25 288/92/93/94 27 251 33,026.28 0.00 0.00 3,m.it �,158.39 285/299 �rA3 M 265 36,062.95 0.00 0.00 11,191.06 47,254.01 291 12 261 90,1120.96 0.00 0.00 0.00 9 ,61,om 287/296 9 267 1063,875.-3 O.DO 0.00 12,0M 118,881.77 293 25 N 797,762.07 0.0) 0.00 12,400.42 810,242.49 289 0) 260 66,676.94 0.W 0.00 0.00 66,676.94 3 /3b 8 269 129,177.BO 0.00 0.00 O.W 129,177.80 3MI311 10 272 197,9F�2.90 DA 0.00 512.87 198,MZ.77 3W/307/.309 47 273 516,659.17 0.00 0.90 17,176.70 533,835.87 3U8/314/317 24 274 258,136.01 O.00 O.W 244.95 258,sq).96 313 34 268 Z'O,IW.33 0.00 0.00 11,905.21 232,005.54 297/31O/318 95 275 1,3P2,261.R9 0.00 0.0) 50,267.64 1,422,529.53 316/19/20121/24 110 270 9t8,063.3) 0.00O.W 22,399.94 9EG,463.33 322/323/321., 158 279 975,973.77 0.00 0.00 8.00 975,973.77 327 49 280 2,135,776.65 0.01) 0.00 03) 2,M,776.65 23XX TOTALS 644 5,774,500.34 0J00 0.00 143,004.70 8,053,2E3.69 .......... ------------- ------------- ------------ ----------- TOTAL ACtWS RECEIVABLE 9,463,229.51 ,130.31 ?5,113.53 375,442.44 10,215,916.29 OCTOPI 31, 1989 ACJ.OIINIS RECEIVABLE AGING SCNEOULE Exhibit C HIM OF FUND 10/1-10/31 9/1-9/30 8/1-8/31 Total ACM KS NNE 0-30 days 30-60 days 60-90 days 0 daya ------- D`x--•------ HISCELIANEOUS 264 519,557.0] 17,288.36 3,194.10 159,345.40 6%,Sam TRAFFIC VIOLATIOPti 620.00 455.00 690.00 26,789.00 28,5°.A.00 UTILITY 1,052,767.32 304,;`d6.95 31,2Z3.43 46,296.99 1,434,680.69 D.00 O.I0 141,011.55 8,053,2%.54 SPECIAL AMSSMITS 645 5,774,508.34 ............. -----_•-____ TOTAL At�i1QfTS RECEIVABLE 7,347,452.86 am 1 o.31 35,11m3 375,442.94 10,215 916.29 ascvsmG v RECEIVABLE PROCEDURES This receivable write-off request is based on our current practice, which involves the following steps: 1. Initial billing for all receivables is the original invoice. Parking citations receive a billing in addition to the ticket because the ticket does not always go to the registered owner of the vehicle. 2 . Past due notices are sent to all accounts 30 days after due date except for special assessments which are annual billings per state law. 3 . A second notice is sent 60 days after due date except for parking citations for which a second notice to collect $10. 00 is not cost effective. With three tickets, information is turned over to State of Washington Motor Vehicle Division, with a hold placed on vehicle license. 4 . Those accounts still delinquent after 90 days are referred to the City Attorney for further action. 5a. Door hanger for nonpayment of water utility account. b. Letter from City Attorney for nonpayment of other accounts following filing of property lien for non- payment of utility service. Lein is good for only 6 months. 6a. Water cutoff for non payment of water service. b. Foreclosure action for special assessments. C. Small claims court for other accounts if cost effective 7 . Account write-off. WtITEO F SCHEDULE 10-31-89 FUND ORG DATE HAKE Atom SERVICE INVOICE COfiffS 410 GOOD 85/00/00 BISHOP ROAD HATER CO 476.15 0 IN HATER DIST #111/OFF AXT R/0 A/411C(LIECTABLE 476.15 001 1500 86/O2/ll CROY, STEVEN 100j)o REUOUPHEHT OF PUBLIC DEFENDER 3876 9/0 A/NO REW P UT ORDERED 001 1.500 66/05/ll•2 HAYFORD, OkD 200.00 REM11HENT OF PUBLIC DEFENDER 3_n H/0 A/M 2 YEARS OLD 410 DODO 86/08/31 JT AWN())HFANY 9.23 UTIL TFR#730M CAM ONLY 8523\ Hp A/LOST LIEN RIGHTS 440 DODO 86/173/31 JT •I4CM COHPANY 460.01 UTIL TFR#7303 4756 366 GA2HA� LILY 89..%/ H/0 A/LOST LIEN RIGHTS 440 5595 86/12/11 JONES&ROBERTS L5O.66 REPAIR FEE H�A/ATTOk1�Y PURSUING 001 5623 86/12/11 JONES&ROBERTS 2,061.M TRAFFIC TEMIGIAN 4756 4/0 WE 2 YEARS OLD GOi 5510 86112M FEY, STEVEN 1,152.11 REPAIR STREET LIGHT 5183 N/0 A/NRAED OVER TO ATT 001 5530 86/12/29 BEKEL, MIS 1,247.91 REPAIR STREET LIGHT 5185 H/O AJURNED OVER TO ATT 410 0000 bpi/12r1 CLAUSSEN, L.A. 5.45 UTIL TFR. #576-2356 GARBAGE OILY 8922\ H/O Ap3T LIEN RIGHTS 440 0000 86/12/31 CLAIISEN, L.A. 315.Q UTIL TFR. #576-25S% GA 9)GE(PLY 8922 / H/O A/LOST LIEN RIGHTS -------------- 5,721.85 440 OOOO 87/02/07 DEPT OF TRAHSF%TATIOH 70,036.36 UTILITY ACCHT TRANSFER 5474\ 4/0 A/SIfIT T00 COSTLY 410 0000 87/02/07 DEFT OF TRK-PNTATIO14 1,560.73 UTILITY TRANSFER 5474 / 4/0 A/SUIT TOO COSTLY 001 O0[A) 87/04/30 HILLER, GRAHAM 21,0)0.00 BAU.P1/kEC WRITE OFF BY ATTNY 5075 N/0 A/BANKRUPTCY 001 ]500 87/04/30 KELLEHER, DALE 1Ea),00 RECOLFKHT OF ATTORNEY FEES 4!I38 H/O A/AO RECGt4D FOUND C01 15M 97/04/30 JONES, DARNELL 125.00 R£COUPHENT OF ATTORNEY FEES 4939 W/O A/HO RECOLPKENT ORDERED OOl 1500 67/04/30 HITCHELL, JOHN 100.00 RECC9)PfEHT OF ATTORNEY FEES 49C H/0 Aj`MR 2 YEARS OLD 001 1500 87/05/01 HERTZLER, HICHAEL 125.00 REGOUPfEW OF PUBLIC DEFENSE 4941 H/0 A/NO RECORD FOUND 001 1500 87/06/10 NADLEY, JEFFREY 100.00 REW)PHENT CL PUBLIC,DEFENSE 3966 H/O A/UIER 2 YEARS OLD 001 1500 97/07/16 HASCA, MICHAEL 100.00 R£CI1k91EHT SERVICE FEES 4942 H/O kW REC-0RO FOIX OUi 2331 87/09/02 CENTRAL STATES TWIN 1,723,71 OVERTIHfE&OTHER SERVICES WY3 HA A/ATTURHEY PURSUING 001 15M 87/09/22 CANTRELL, CHARLES 1SOM RECO(P"EHT OF PUBLIC DEFENSE 6215 RA A/COURT DISMISSED 001 1500 87/09/12 C0KIH, KENETH 150.00 REC(1. UT OF PUBLIC DEFENSE 6212 HA A/ JRT DISMISSED 001 15w 87/09/22 BMW, DAVID 150.00 R£COUPHENT OF PUBLIC DEFENSE 6213 WA A/OVER 2 YEARS OLD 001 15M 87/10/06 FEW'£, ERRY 1ii.00 REC13UPHENT OF PUBLIC DEFENSE 6216 H/O AM)RECORD FOUND 001 1500 87/10/12 SULLIVAH, DANIEL 150.00 RECfJJPHENT OF PUBLIC DEFENSE 6217 H/O A/COURT DISMISSED O01 150) 97/10/21 KAPP, FRED 125.00 R£COUPHENT OF PUBLIC DEFENSE 6221 Hp A/CGURT DISHIM 001 15W 97/11/04 LABOYNE, JEANNETTE 150.00 RECOUPMENT OF PUBLIC DEFENSE 6224 H/O A/OVER 2 YEARS OLD Lot 5530 87/11/1)<i PORTER, ROBERT 1,546.41 REPAIR DMAGED POLE 6643 4/0 A/ATTORNEY PURSUING DOt 5530 97/11/05 KING, STEVEN M.17 REPAIR DAHAGED POLE 5642 H/O A/00 2 YEARS OLD -------------- 106,2C6.36 RRITEOFF SCHEDULE I0-3149 FUND ORG DATE NAME WNT SERVICE INVOICE COMMENTS 001 1500 68/Ul/04 HALTER, CARL 150.00 REMYrE1{T OF PUBLIC DEFENSE 6226 RA A/NO RECOUPMENT MD 440 0000 68/ol/27 SOUTH KC ACTIVITY W R W2.61 UTILITY ACCOUNT TRANSFER 6759\ HA A/BAHKR PTCY 410 l>OCiI 88/01/27 SOUTH KC ACTIVITY G11TR 167.01 UTILITY ACL'O K TRANSFER 6759/ H/O A/BAMPIFTCY 410 5550 8C/03/11 ROGER;&SONS 23.68 HYDRANT RATER PERMIT 6658 N/0 A/RETURHED MAIL 001 - 2331 66/041W MAY TRUCKING 0.10 DIESEL SPILL 6136 W/o A/ATTORH<1'PLVFm% 0) W 80/05/17 FIRESIDE INN 2,435.30 UTILITY TRANSFER 7060\ H/O A/4AHKRUPTL'Y 410 Oo60 89/05/17 FIRESIDE INN 49.01 UTILITY TRANSFER 7960 / 4/0 A/£'AMWTCY DOI 55.a oo/D5/26 MAY TRUCKING M.40 HORK ORDER#75339 7011 9/0 A/ATTORNEY PURSUING OD1 5530 so/10/10 1Y1m, AR"DO i41.83 GAS SPILL LABOR&EQUIP 7484 R/O A/RETURHED MAIL 410 555o 60/10/17 GREAT NORTHERN DEV 25.DO HYDRANT HATER PERMIT 7489 H/U A/RE111RNED HAIL I 1 0000 88 11 15 S41RA, BRIAN 225.00 DECEMBER RENT 744E N ERkOR JL oN (Y)1 553A 88/12 AU S aR 5Q5 94 REPAIR LIGHT FME 1N<3-_W68 7943 Nm A/UffilLECTABLE 859^ 7 5,501.63 O<ll 2210 89AII20 ZEINER, LISA 250.00 DAWES TO 37 CAPRICE B8O.8244 7730\ H/D A/REA)RIED MAIL , 510 5544 89/01/20 ZEINER,LISA 779.72 DAMAGE TO 87 CAPRICE #860-8244 7730/ N/0 A/RETURHED MAIL 440 0000 89/02/17 BLAIML, RICHARD 479.4) #.W-0120 DELINQ UTILITY BILL GO13 H/0 A/DUT OF CRT SETTLEMENT 001 5530 89/02/22 GEORGE, LEE 30.24 AX CLEAMIP#00-01297 7944 N/0 A/RETTIR?ED NAIL ^0 5510 89/03/06 FRANKLIN&NATKINS 16.r',U PHOTO 6 YR TIP REPORTS T174 H/0 A/ATT RF1Sk MATIOH •-A DOW 89p/-28 KALBACH, HARRY 25.78 WAGE UTILITY BILL 9173\ N/0 A/UNAFIE TO LOCATE 410 DODO 89/D3/28 KALBACH, My 0.39 CAM UTILITY BILL 8173/ H/0 AJl1HAPJ..E TO LOCATE 001 66A 89/04/20 CONKLIN, RU;;SELL 341.73 REPAIR TREE/JAM0 &HILLTOP 7279 N/O A/RETURNED MAIL -------------- 1,923.06 TOTAL ATT WRITEOFF 119,893.12 \ y Kent City Council Meeting Date November 21 , 1989 I� Category Consent Calendar 1. SUBJECT: -mAyeR''S APPOINTMENTS . 2 . SUMMARY STATEMENT: Confirmation of the Mayor's appointments ` a.s� L Z/q 4 k Y t 0/93 - >�iter� n hru t0/93 �jCir ��cira iofa3 z�nK Zaratk+��' �Gz l 1 C�(i 1�U irla rc I'll � I �f f YIfYUC�i.I[ -Pc� r'li � � , p .JUHti�C1ti it t, 6W CI j e rl C (2 r f5 mc�9 + ha+ { hes� cz��c��ntm 1 3 . He U <E>� ScCcd f-he (l 0fi ar, Ca r e c . 4 . RECOMMENDED BY: Mayor (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3H u � Kent City Council Meeting Date November 21, 1989 Category Other Business 1. SUBJECT: DOVER PLACE PRELIMINARY SUBDIVISION NO. SU-89-2 2 . SUMMARY STATEMENT: This meeting will consider the Hearing Examiner's recommendation of conditional approval of the Dover Place 39-lot residential subdivision No. SU-89-2 . The property is located north of 103rd Ave. S.E. and S.E. 228th St. intersection abutting a portion of the west side of 104th Ave. S.E. This plat .is part of the Dover Place planned unit development also approved by the Hearing Examiner. 3 . EXHIBITS: Staff memo, staff report, minutes, findings and recommendations, request for reconsideration, decision on reconsideration. 4 . RECOMMENDED BY: Hearing Examiner 10/25/89 conditional approval (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: None SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to adopt/modify/deny the findings of the Hearing Examiner and to concur with/disagree with the Hearing Examiner's recommendation of approval of Dover Place Preliminary Subdivision No. SU-89-2 with seven conditions. DISCUSSION• ACTION• Council Agenda Item No. 4A ` -4 KENT PLANNING DEPARTMENT November 16, 1989 MEMO TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: DOVER PLACE PRELIMINARY SUBDIVISION #SU-89-2 On September 6, 1989 the Hearing Examiner held a public hearing to consider a request by Cam-West Development Inc for a 39-lot residential subdivision. The subdivision is incorporated with a Planned Unit Development. The property is 7 . 6 acres in size and is located north of the 103rd Avenue SE and SE 228th Street intersection, abutting a portion of the west side of 104th Avenue SE. The Hearing Examiner issued a Decision on Reconsideration on October 25, 1989 recommending conditional approval of the preliminary subdivision and PUD. Conditions of the Preliminary Subdivision are: 1. As to the Preliminary Plat element of the application: A. Approval of a PUD permit as modified and conditioned in accordance with this recommendation. B. Prior to recordation of the final plat: 1. Design private streets to meet City standards regarding pavement structure, concrete curb and sidewalks, street lighting, drainage systems, street name signs and other items consistent with good street construction practices as determined by the City; 2 . Deed a 20 foot right-of-way along 104th Ave SE to the City for street purposes; 3 . Design on-site storm water detention and water release at a non-erosive point and extend storm drain facilities to adjacent property lines with necessary easements as required by the City; 4 . Provide public water systems to meet fire flow and domestic flow requirements with a minimum size of a six-inch diameter; 5. Provide public gravity sewer service to all lots and extend to adjacent property lines as determined by the City; 6. Provide a plat notation and necessary implementation measures to assure that no .vehicle access to the proposed development will be allowed from 104th Avenue SE. CA:JPH:ca DECISION ON RECONSIDERATION BY THE HEARING EXAMINER FOR THE CITY OF KENT FILE NO: DOVER PLACE #PUD-89-1 AND #SU-89-2 APPLICANT: CAMWEST DEVELOPMENT, INC. REQUEST: Request for reconsideration on Denial issued on September 20, 1989 LOCATION: The property is located north of the 103rd Avenue SE and SE 228th Street intersection, abutting a portion of the west side of 104th Avenue SE. HEARING DATE: September 6, 1989 RECOMMENDATION ISSUED: September 20, 1989 RECOMMENDATION: DENIAL NOTICE OF RECONSIDERATION FILED: October 4 , 1989 RECONSIDERATION ISSUED: October 25, 1989 RECOMMENDATION ON RECONSIDERATION: APPROVAL WITH CONDITIONS INTRODUCTION The applicant applied for approval of both a Planned Development (PUD) permit and approval of a preliminary plat. Section 15. 04.080 E (6) of the Kent Zoning Code authorizes consolidation of the PUD review process with other land use permit processes required by other sections of the Code. A hearing was held on the consolidated application on September 6, 1989. The recommendation of the Hearing Examiner was issued on September 20, 1989. The Hearing Examiner concluded that the application for preliminary plat approval is in compliance with applicable provisions of Kent Subdivision Code and should be approved with conditions as noted in the recommendation. However, the Hearing Examiner also concluded that approval of the PUD application as proposed would not have a beneficial effect upon the community which would not normally be achieved by traditional lot-by-lot development and may be detrimental to existing surrounding land uses. Specific reasons for this conclusion are detailed in the Hearing Examiner's recommendation of September 20, 1989. 1 Decision on Reconsideration Dover Place #PUD-89-1 and #SU-89-2 Because the application for PUD approval was consolidated with the application for approval of a preliminary plat, and because it was determined that the PUD application could not be approved as proposed, the Hearing Examiner recommended denial of the consolidated application. A "Notice of Reconsideration" of this decision was filed by the applicant. The Kent City Code allows an applicant, or any aggrieved person, to request reconsideration of a Hearing Examiner recommendation. Upon receipt of such a request, the Hearing Examiner "may . . . take further action as he or she deems proper" . See, KCC 2 . 54 . 150. The applicant is not entitled to reconsideration; reconsideration is granted only if the Hearing Examiner chooses to do so. The "Notice of Reconsideration" filed by the applicant will be treated as a request for reconsideration. Public notice of the request for reconsideration was provided to all who testified at the public hearing and to those who specifically requested notice of the Hearing Examiner decision. A ten day period was allowed for written responses to the applicant' s request for reconsideration. The Hearing Examiner has reviewed the request for reconsideration and all written material received during the public response period. This Decision on Reconsideration is the final decision of the Hearing Examiner in this matter. This decision is a recommendation to the Kent City Council. Pursuant to City ordinances, the City Council has the final authority to act on this application. FINDINGS AND CONCLUSIONS 1. The request for reconsideration was timely filed. At least two people responded to the request for reconsideration by alleging it was not filed within 14 days of the Hearing Examiner decision. The decision was issued on September 20th. The "Notice of Reconsideration" was filed on October 4th according to the applicant's documents but stamped as October 3rd by the Planning Department. The question raised is whether a filing on October 4th is within the 14 day period. Computation of time periods is not addressed in the Hearing Examiner ordinance or the Kent Zoning Code. However, state statutes and court rules have addressed this issue. These statutes and rules provide the appropriate guidance for computation of time periods. RCW 1. 12 .040 states that " The time within which an act is to be done . shall be computed by excluding the first day, and including the last . . . " . Court rules also follow this procedure. See, CR 6 (a) and RAP 18 . 6. This computation method means that October 4th would 2 Decision on Reconsideration Dover Place #PUD-89-1 and #SU-89-2 be the last day to file a request for reconsideration. The request of the applicant in this matter was apparently filed on that day. It was therefore filed in a timely manner. Because the computation method of state statute and court rule is not expressly adopted in the Hearing Examiner ordinance of the City of Kent, a wiser approach would have been to file at least a day sooner. However, it would be unfair to deny a request for reconsideration based on untimely filing when the filing occurred within the 14 day period as customarily computed and as computed by state statute and court rules. 2 . The new evidence Provided by the applicant complies with the filing requirements for a PUD application. The decision of the Hearing Examiner issued September 20th identified two elements essential to the Hearing Examiner' s ability to render a decision on the PUD application which had not been submitted into evidence for review and action. Both a parking assessment study and a designation of the type of active open space are critical to a determination of whether the proposed PUD can be approved under the review criteria set forth in Section 15. 04 . 080 F of the Kent Zoning Ordinance. -• The applicant submitted several exhibits with the Notice of Reconsideration. These include: (1) a report by the Transpo Group dated October 2nd and entitled "Dover Place PUD - Parking Assessment Study; (2) a " Preliminary Plat of Dover Place; Conceptual PUD Plan - #1" dated "revised September 25, 1989" prepared by John R. Newell, Inc. and; (3) a "Conceptual Landscape Plan" dated July 1989, prepared by Cliff Willwerth & Associates. These submittals have received a variety of designations by the applicant. For purposes of reconsideration, they will be referred to as Exhibits on Reconsideration 1, 2 , and 3 . By submittal of a parking assessment study (Exhibit on Reconsideration #1) and a conceptual landscape plan (Exhibit on Reconsideration #3) with the Notice of Reconsideration, the applicant has now complied with the evidentiary requirements of the PUD code. The purpose of this Decision on Reconsideration is to assess that new evidence, along with evidence and testimony previously submitted, and make a recommendation to the City Council on the consolidated application. 3 Decision on Reconsideration Dover Place - #PUD-89-1 and #SU-89-2 3 . The new evidence provided in the parking assessment study shows that sufficient parking can be provided if certain modifications are made and specific conditions are attached to the PUD proposal. Exhibit on Reconsideration #1 was prepared by the Transpo Group on behalf of the applicant and is labeled as "Dover Place PUD - Parking Assessment Study" . The study notes that each residence within the proposed development is to have an attached two-car garage as well as driveway space capable of parking two cars for a total of four on-site parking spaces per household. The study also notes that very little empirical data are available which could be used as a reference to describe what use is actually made of garages in single family residential areas. If the garages are not used for parking cars, then an assessment must be made of the adequacy of parking without including garage space. The study examined three unidentified single-family residential developments to determine parking patterns. The observations were made after 11: 00 p.m. on weekday evenings. The observations revealed a "non-garaged" average parking rate of 0.79 vehicles per residence. If one assumed each garage contained two vehicles, the study concluded the total parking demand is 2 .79 spaces per home. The study noted that on- street parking did occur in all observed areas, but also noted that this was not due to unavailability of off-street parking. To best meet parking needs, the applicant's consultant recommended that streets be widened to 28 feet from the 22 feet previously proposed. The consultant also concluded that the proposed 15 guest parking spaces are unnecessary. In response to this study, the Kent Planning Department submitted to the Hearing Examiner a letter dated October 6th (Exhibit on Reconsideration #4) . The Planning Department agrees with the conclusions of the parking assessment with one exception: it believes the proposed 15 additional parking spaces not associated with any particular residence should remain and be dedicated solely for guests. Two additional submittals were received by the Hearing Examiner in response to the Parking Assessment Study. A letter dated October llth from Larry Webb, Fire Marshal, (Exhibit on Reconsideration #5) noted that no mention was made as to the parking scheme on the proposed roads within the PUD. He also raised questions as to the width of the cul-de-sacs and enforcement of fire lanes within the proposed PUD. He noted that history indicates people will use fire lanes for 4 Decision on Reconsideration Dover Place #PUD-89-1 and #SU-89-2 parking if no other spaces are available. Mr. Robert Hutchinson, Building Official, submitted a letter dated October 13th (Exhibit on Reconsideration #6) . He argues that the consultant' s claim that an increase in street width to 28 feet will permit on-street parking without interfering with or impeding emergency vehicles is not substantiated by any evidence. He states that the access question is somewhat dependent upon the length of the street and notes that the proposed streets exceed 600 feet in length. He concludes that the new evidence more closely resembles a new proposal and should be submitted as such. Testimony presented at the public hearing by Michael Evans, Assistant Fire Marshal, indicated that a minimum street width of 20 feet is necessary to allow for "worst case" scenario side-by-side passage of two eight-foot-wide emergency vehicles with a four foot clearance as well as to allow turn-around radius for the largest vehicle. He stated that the proposal of the applicant at that time - for street widths of 22 feet - was acceptable if a no parking rule could be enforced. Mr. Gary Gill, Kent City Engineer testified at the public hearing that eight feet should be allowed for a typical parallel parking space. This means that parking could occur on one side of a 28-foot-wide street without interfering with the "worst case" emergency vehicle access scenario. Kent Zoning Code Section 15. 04 . 080 (6) (a) establishes the minimum private street widths for Planned Unit Developments. The minimum width allowed for no parking is 22 feet, for parking on one side of the street it' s 31 feet and for parking for both sides of the street it's 40 feet. The ordinance allows modification of the minimum widths if the Kent Fire Chief and Kent Traffic Engineer review and approve those modifications. A maintenance agreement shall also be required as a condition of PUD approval. The Hearing Examiner concludes that the proposed street width of 28 feet with no parking allowed on either side will be adequate to maintain emergency vehicle access and traffic safety. The additional six feet over the code minimum of 22 feet would allow emergency vehicle access even if the parking restrictions were occasionally violated. The "worst case" scenario would be if violations occurred on both sides of the street with one vehicle parked illegally directly across from the other. This would still allow for passage of an eight-foot-wide emergency vehicle. The potential for this occurrence is reduced by providing 15 parking spaces for 5 Decision on Reconsideration Dover Place #PUD-89-1 and #SU-89-2 guests only. This means each residence will have four on- site parking spaces (above all code minimums) with reserved guest spaces for 15 vehicles. Conditions to implement this are detailed in the Decision below. The Hearing Examiner understands the concerns of the Fire Marshal and citizens surrounding the site regarding violations of parking restrictions. However, the Hearing Examiner has no authority to modify Kent ordinances which address parking requirements. The applicant has prepared a Parking Assessment Study which has been reviewed and agreed to by the Kent Planning Department. The applicant has revised the street widths beyond what is strictly required by the Kent Zoning Code. Any further concerns about street widths and parking restrictions should be directed to policy makers. 4 . The new evidence provided on the proposed active open space area shows that the four percent density bonus should not be allowed. Section 15. 04 . 080 (D) (2) of the Kent Zoning Code states that, for a PUD proposal: A four (4) percent density bonus may be authorized if at least ten (10) percent of the site is utilized for active recreational purposes. . . Only that percentage of space contained within accessory structures that is directly used for active recreation purposes can be included in the ten (10) percent active recreation requirement. (emphasis added) The applicant provided a clarification of the type of active recreational area proposed as part of the "Notice of Reconsideration" . Exhibit on Reconsideration #3 designates an area with a green border as the "proposed active open space area" . Statements on the Exhibit indicate that the active recreation area is for "field sports" and that there would be one "sport court area" . The designation of the "sport court area was changed from a previous indication of a "possible tennis court" . Thus, although no dimensions of the "sport court area" are indicated, the size of the "sport court area" is assumed to be about the size of a tennis court. The "Notice of Reconsideration" on page 3 states that the "active recreation area is approximately 28, 000 square feet" . This calculation clearly includes all area within the green border as an active recreation area. This is in direct conflict with the ordinance which states that only that percentage of space contained within accessory structures that is directly used for active recreation purposes can be counted toward the active recreation area requirement. 6 Decision on Reconsideration _. Dover Place #PUD-89-1 and #SU-89-2 The Exhibit indicates no accessory structure for active recreational purposes. Even if the "sport court area" were to become an accessory structure, the area designated would not meet the ten percent requirement. The applicant has requested a density bonus for an active recreation area. The granting of this bonus is discretionary. However, certain minimum code requirements must be met before the bonus can be requested. The four percent density bonus for active recreation areas must be denied because the minimum area requirement within accessary structures is not met. The number of proposed residences shown on the revised preliminary plat (Exhibit on Reconsideration #2) should be reduced accordingly. This means that 38 dwelling units should be authorized rather than the proposed 39. The Hearing Examiner recommends that the residence be removed from Lot 12 on the proposed Preliminary Plat and that space allocated to additional open space or additional guest parking. The final determination on implementation of density bonus reduction, however, can be made by the Planning Department. 5. There were no errors of iudgment or law in the Hearing Examiner decision as alleged by the applicant in the Notice of Reconsideration. The applicant alleges two "errors of law" on pages 3 and 4 of the Notice of Reconsideration. since the applicant raised those issues, we must respond to them. The statement of the Hearing Examiner as to parking requirements for zero lot line developments - not at issue in this matter - is not an "error of law" because that law is not relied on in any way in reaching a decision in this matter. It may be alleged to be an inappropriate example or an error of transcription, but it is not an error of law. The assertion that the Hearing Examiner erred in determining that information on whether the general public can use the active recreation area is necessary to a decision on the PUD misunderstands the role of administrative discretion in decision making. The decision to grant or deny a density bonus is a decision for the City to make; not the applicant. The City Council specified five criteria to assist the Hearing Examiner in reaching a decision to grant, deny, or condition a PUD application. The first criteria is a finding that "the proposed PUD project will have a beneficial effect upon the community and users of the development. . . " . KCC 15. 04 .080 (F) (1) . Inquiries as to the nature of use of proposed open space are directly relevant to assist in making that determination. Closer examination of the PUD ordinance prior 7 Decision on Reconsideration Dover Place #PUD-89-1 and #SU-89-2 to application would have revealed this and avoided a prolonged decision making process. The alleged "errors of judgment" appear to consist of one error stated on page 4 of the Notice of Reconsideration. The alleged error is the Hearing Examiner's conclusion that "the PUD would not have a beneficial effect upon the community and that it may be detrimental to existing surrounding land uses" . There are nine subparagraphs to this alleged error which appear to be offered in argumentative support of the main allegation. The Hearing Examiner disagrees with the alleged error of judgment for reasons detailed in the initial decision in this matter. The Hearing Examiner further notes that there is ample evidence in the record of alleged adverse impacts on surrounding residences and the schools. This is contrary to the assertions on page 7 of the Notice of Reconsideration that there is "no evidence" on these issues. There certainly was evidence presented during the public hearing. The weight and credibility given to that evidence is another matter and is, initially, for the Hearing Examiner to decide. Several members of the public, particularly in the area surrounding the proposed PUD, also submitted written testimony in response to the Notice of Reconsideration. Generally, this testimony argues against a reconsideration of the initial decision for the following reasons: A. Density would be too great because lot size is less than 9, 600 square feet allowed in the surrounding zoning. B. Open space may not be mentioned as such. C. Street width expansion further reduces the lot size. D. Parking restrictions may not be enforced. The Hearing Examiner has heard these concerns and has addressed them, where appropriate and within the bounds of City ordinances, in the conditions applied to approval detailed in the Decision below. It should be noted that the intent of the PUD ordinance is to: "...create a process to promote diversity and creativity in site design, and protect and enhance natural and community features." 8 Decision on Reconsideration Dover Place #PUD-89-1 and #SU-89-2 The allowance of bonuses in exchange for certain applicant proposals is one method of meeting that intent. The idea is to provide certain amenities for the If munity this exchangeinexchange xhdoes not greater density for the app appear fair, one remedy is to seek to amend the ordinance. The Hearing Examiner merely seeks to carry out the intent of City ordinances, he cannot adopt new policies. DECISION Based upon the new evidence submitted with and in response to the request for reconsid be Aat PPROVED with the modifn, the Hearing Examiner icationshto the consolidated applicationapplicant on the revised the a street width and parking proposed by PP preliminary plat and with the conditions applied below: 1. As to the Preliminary Plat element of the application: A. Approval of a PUD permit as modified and conditioned in accordance with this recommendation. B. Prior to recordation of the final plat: 1. Design private streets to meet City standards regarding pavement structure, concrete curb and sidewalks, street lighting, drainage systems, street name signs and other items consistent with good street construction practices as determined by the City; 2 . Deed a 20 foot right-of-way along 104th Ave SE to the City for street purposes; 3 . Design on-site storm water detention and water release at a non-erosive point and extend storm drain facilities to adjacent property lines with necessary easements as required by the City; 4 . Provide public water systems to meet fire flow and domestic flow requirements with a minimum size of a six-inch diameter; 5. Provide public gravity sewer service to all lots and extend to adjacent property lines as determined by the City; 9 Decision on Reconsideration Dover Place - #PUD-89-1 and #SU-89-2 6. Provide a plat notation and necessary implementation measures to assure that no vehicle access to the proposed development will be allowed from 104th Avenue SE. 2 . As to the Planned Unit Development element of the application: A. Reduce the density from that proposed by one dwelling unit in accordance with Section 4 of the Findings and Conclusions; B. Place a notation on the final subdivision plat which clearly identifies the total dimension of the open space and that it be retained as permanent open space without further subdivision; C. Include in the Conditions, Covenants and Restrictions for the project the following elements: 1. A maintenance agreement to permanently maintain the open space areas; 2 . A maintenance agreement for all private streets which has been reviewed and approved by the Fire Marshal and City Traffic Engineer; 3 . Restrictions on removal or destruction of the proposed native vegetation in the areas so designated; 4 . A requirement that a reminder be delivered to all residents each June and January which states that no parking is allowed on the streets and that the parking in parking areas near the cul-de-sacs is for guests only; 5. A stipulation that the Conditions, Covenants and Restrictions containing provisions required by the City of Kent cannot be amended or nullified by a vote of any Homeowner' s Association; 6. Language identical to that of Exhibit 3 (submitted during the public hearing and attached to a letter dated August 30, 1989 from Eric Campbell to Lt. Mike Evans and attached) related to standards, prohibitions, penalties and impoundment of vehicles within the PUD with the addition of a requirement 10 Decision on Reconsideration Dover Place #PUD-89-1 and #SU-89-2 that the parking areas near the cul-de-sacs be clearly posted as parking for guests only. - D. No construction practices shall take place within the areas designated to be retained in native vegetation; E. The applicant shall submit to the Planning Department a copy of the final version of the Covenants, Conditions and Restrictions for approval of language related to the above conditions prior to the issuance of any building permits for the site. Dated this 25th day of October, 1989 THEODORE PAUL HUNTER Hearing Examiner APPEALS FROM HEARING EXAMINER DECISIONS. Notice of Right to Appeal The decision of the Hearing Examiner is final unless a written appeal to the Council is filed by a party within 14 days of the decision. The appeal must be filed with the City Clerk. Usually, new information cannot be raised on appeal. All relevant information and arguments should be presented at the public hearing before the City Council . A recommendation by the Hearing Examiner to the City Council can also be appealed. A recommendation is sent to the City Council for a final decision; however, a public hearing is not held unless an appeal is filed. ~ 11 k�'AM SEP -G 1989 OFFICE OF 6EAAING EXAMINER• August 30th, 1989 Lt . Mike Evans 504 W. Crow Kent, Wa 98032 Dear Lt . Mike Evans, To follow up on our conservsation on August 29th, 1989, I have gone into more specific detail what will allow Dover Place place to be approved by the Fire Department . The following standards shall be applied to the final plat approval of Dover Place and be part of the Covenants, Conditions, & Restrictions for the planned unit development . I. hope the attached items will meet the need of the Fire Department . I would like to thank you again for your time in reviewing the planned unit development of Dover Place . Sincer Fly. Eric H. Canipbell, President CamWest Development, Inc . 110. 11)0X H8, I(IRhI,ANR WA.'9,.0,831PII. S11 '1G04, H. 99/1- 01I9) A. REQUIREMENTS/STANDARDS . 1 . Lanes shall provide a minimum, unobstructed width of feet and vertical clearence of 13 feet, 6 inches . 2 . Lanes shall be identified by block letters minimum 18 inch high and 3 1/2 inch stroke, painted in the lane, at 50 foot intervals stating "No Parking", color to be bright yellow, and by the posting of signs that state "No on Street Parking - By the order of the Fire Marshall" . Signs shall be posted on or immediately next to the curb line. Signs shall be 12" x 18" and shall have letters and background of contrasting colors, readily readable from at least a 50 foot distance. Signs shall- be posted no more than 4 feet from the ground. There shall be a minimum of 5 signs posted within the said planned unit development . 3 . All proposed plans shall have fire department approval . B. PARKING PROHIBITED . Except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or -fire official or traffic control sign, signal, or device, no person shall : 1 . Stop, stand or park a vehicle, whether occupied or not at any place on the private street except : a . Momentarily to pick up or discharge a passenger or passengers; or b. Temporarily for the purpose of and while actually engaged in loading or unloading property . C. ENFORCEMENT In addition to other authorized personnel, it shall be the duty of the Kent Fire Chief and/or his authorized designee (s) , who 'shall be member of the Fire Prevention Bureau, to enforce this section. D . PENALITIES Any violation of the provisions of this Section shall be a traffic punishable by a monetary penalty of not more than two hundred ($200) dollars . The recommended bail for such a violation shall be twenty ($20) dollars plus state assessments and costs, when applicable . E . IMPOUND OF ILLEGALLY PARKED VEHICLES In addition to the penalties provided for in (D) , any vehicle improperly parked in the violation of any of the provisions of this Section shall be subject to impound. 4 ' F. NOTIFICATION OF RESIDENTS All residents and owners in Dover Place shall be notified during the month of January and July of each year that "No on Street Parking is Allowed" . This notice shall be mailed. LAW OFFICES OF OV t"- M7 FerFsuson I3 Burdellyic7KOLL CENTER BELLEVUE �1.:�" N.i l.1`:•vIi'4 VNT 500 - IOST-AVENUE N.E.,*2100 LS BELLEVUE,WASHINGTON 98OC4 NAOINE M. ZACKRISSON, AICP TELEX: 32-0382 FAX:(206)454-5719 (206)453-1711 , October 4, 1989 Mr. Theodore Paul Hunter Hearing Examiner City of Kent 220 Fourth Ave. S. Kent, WA 98032 Re: Request for Reconsideration Dover Place File No. SU-89-2 and PUD 89-1 Dear Mr. Hunter: On behalf of Cam-West Development, Inc. , I request that you reconsider your decision, dated September 20, 1989, to deny the application for the Dover Place PUD and preliminary plat. This request for reconsideration is based on new evidence, which was not available at the time of the hearing, as well as errors of judgment and errors of law by the Examiner. The grounds for reconsideration are more fully described in Exhibit A attached. Dover Place is the first PUD processed by the City under the current PUD ordinance. During the review by the City, the requirement for a parking assessment study was inadvertently overlooked by the applicant and by staff. This study has now been prepared by a qualified transportation engineer, and it has been submitted to the Planning Department for review. (Exhibit B attached) . It also appears that the description of the active recreation uses to be provided as part of the project was not made sufficiently clear at the public hearing. A copy of the landscaping plan which shows the active play area and sport court is attached (Exhibit C) . These uses are also noted in the staff report dated September 6, 1989. The applicant has worked with the staff from Public Works and Planning to revise the site plan to increase the width of the street from 22 feet to 28 feet. The increased width will allow on- street parking while still providing adequate space for emergency SEATTLE BELLEVUE ANCHORAGE Mr. Theodore Paul Hunter _. October 4 , 1989 Page 2 vehicles. Four additional guest parking spaces are now located in the cul-de-sac nearest 103rd Ave. S. E. Based on the submittal of the parking assessment study, the increased street width which provides additional parking, and the clarification of the proposed active recreation uses, the PUD meets all the criteria of Section 15. 04 . 080 Kent Zoning Ordinance. The PUD is also consistent with the East Hill Plan and the policies of the proposed Housing Element Update. I would respectfully request that the Examiner reconsider the action of September 20 and, on the basis of the new information, recommend approval of the PUD with appropriate conditions. If additional information or clarification is required, I would be happy to provide that in writing, or alternatively, at a public hearing. Sincerely, FERGUSON & BURDELL Iv- dw'r R. Zzc&�S�t By: Nadine M. Zackrisson NMZ:rlm i 6g LT3 - 1989 2 GF Y,xr7T 3 4 BEFORE THE HEARING EXAMINER 5 CITY OF KENT, WASHINGTON 6 REQUEST FOR RECONSIDERATION ) OF THE HEARING EXAMINER'S ) NOTICE OF RECONSIDERATION 7 DENIAL OF DOVER PLACE, #SU-89-2 ) 89-1 8 AND #PUD- ) ) . Cam-West Development, Inc. ) 9 ) 10 1. Appellant. Cam-West Development, Inc. , the applicant for 11 the PUD and the preliminary plat, and an aggrieved party under the 12 terms of the ordinance, files this request for reconsideration. 13 2 . Basis for Request. The Kent City Code provides that any 14 aggrieved person may request a reconsideration within 14 days of 15 the decision by the Hearing Examiner if either (a) a specific error 16 of fact, law, or judgment can be identified or (b) new evidence is 17 available which was not available at the time of the hearing. 18 3 . Grounds for Reconsideration. 19 a. New Evidence. 20 i) Parking Assessment Study. A parking assessment 21 study as required by Section 15.04. 080 6. b. has been prepared by 22 the Transpo Group and has been submitted to the City Planning 23 Department for review. The study evaluated three Planned Unit 24 Developments (PUDs) with similar lot sizes, values, and residential 25 uses. The average parking demand in these PUDs equals 2 .79 spaces NOTICE OF RECONSIDERATION - 1 FERGUSON R B EXHIBIT A MOOLLL CENTER LL AVELLEE VU E SOO- 108TH AVENUE N.E- SUITE 2100 BELLEVUE.WA 98004 (206)4S3-1711 065AO041 10/4/89 1 per home. Dover Court has been designed to provide four off-street 2 parking spaces for each residence. 3 Dover Place: Total parking 4 Parking within garages: 2 spaces x 39 units = 78 spaces 5 Parking on driveways: 2 spaces x 39 units = 78 spaces 6 Guest spaces: North cul-de-sac: = 12 spaces 7 South cul-de-sac: = 4 spaces TOTAL 172 spaces 8 9 This results in an average of 4.4 on-site parking spaces per unit, 10 significantly higher than the similar PUDs included in the parking 11 assessment study. This does not include the 32 spaces now 12 available on the street. 13 ii) Plan Revision. The project has been redesigned 14 to increase the street width from 22 feet to 28 feet. This 15 increase in street width will permit on-street parking without 16 interfering with or impeding emergency vehicles. The increased 17 street width will also provide an additional 32 parking spaces, 18 thus providing a total number of 204 parking spaces within the 19 Project. Four additional guest spaces are provided in the southern 20 cul-de-sac. 21 iii) Active Recreation Area. This issue was 22 addressed in the application material and in the staff report; 23 however, for clarification, a copy of the landscaping plan which 24 shows the area designated for active recreational uses is attached. 25 Ten percent of the site (33 , 105 square feet) is allocated for active recreation, thus qualifying for the 4% density bonus as FERGUSON G BURDELL NOTICE OF RECONSIDERATION - 2 KOLL CENTER BELLEVUE SOO• 1OHTH AVENUE N.E. SUITE 2100 BELLEVUE.WA 98004 (206)453.1 71 1 i 065AO041 10/4/89 1 provided in Section 15. 04. 080 D. 2 . The uses include a sport court 2 and active play areas for children. The staff report (September 3 6, 1989) discusses the active recreation area and clearly states 4 "A landscape plan indicates the location of a sport court and open 5 lawn area; " (p. 9) and "A sport court and open lawn area has been 6 proposed to serve the residents of the development. " (p. 18) 7 The sport court will be approximately 651x 1001 in 8 size, 'and the active recreation area is approximately 28, 000 square 9 feet in area. This provides adequate space for activities such as 10 volleyball, soccer and other informal games. 11 b. Errors of Law. 12 i) The Hearing Examiner erred in stating that 13 Section 3 . 1. 11 of the Subdivision Code requires one guest parking - 14 space for each dwelling unit in a zero lot line development. 15 Section 3 . 1. 11 2) (a) (ii) provides standards for non-public streets 16 and requires guest parking at a rate of .5 guest parking spaces per 17 dwelling unit beyond the normal parking provided at the dwelling. 18 ii) The Hearing Examiner erred in asserting that 19 a determination as to whether the active recreation use of the 20 common open space will be available for use by the general public 21 is necessary to a decision on the PUD. Section 15. 04 . 080 C. 5. 22 requires that a minimum of 35% of the total site be allocated for 23 common open space. Common open space may provide for either active 24 or passive recreation. Active recreation areas are not mandatory 25 and may be provided at the discretion of the applicant if the NOTICE OF RECONSIDERATION - 3 FERGUSON CENTER BELLE U K OLL CENTER BELLEVUE 500- 108TH AVENUE N.E. SUITE 2100 BELLEVUE.WA 98004 (206)453-1711 i 065AO041 10/4/89 i applicable density bonus is desired. Further, Section 15. 04 .080 2 C. 5. requires that open space within a PUD shall be available for 3 common use by the residents, tenants and/or the general public, 4 depending on the type of Project. Use of the common open areas by 5 the public is discretionary, not mandatory and is to be determined 6 by the nature and size of the project. 7 C. Errors of Judgment. The Examiner errs in concluding 8 that the PUD would not have a beneficial effect upon the community 9 and that it may be detrimental to existing surrounding land uses. 10 i) As demonstrated by the parking assessment 11 study, more than adequate vehicular parking is provided, both for 12 each unit, and for additional on-street parking which is available 13 for special events. The parking provided meets or exceeds the 14 requirements for single family dwellings (Section 15. 05 . 040A) and 15 for zero lot line development (Section 3 . 1.11 Subdivision Code) . 16 ii) The provision of open space for use by the 17 general public is not the criteria by which community benefit or 18 detriment is to be measured. There is no mandatory requirement 19 that a PUD provide either passive or active recreation for use by 20 the general public. The review criteria for residential PUDs 21 (15. 04 . 080 F) clearly states that (1) the proposed PUD shall have 22 a beneficial effect upon the community and the users of the 23 development which would not normally be achieved by traditional 24 lot-by-lot development and (2) shall not be detrimental to existing 25 NOTICE OF RECONSIDERATION - 4 FERGUSON LL EEV U K O LL CENTER N ENTERR BEULL E SOO• 108TH AVENUE N.E. SUITE 2100 BELLEVUE.WA 98004 (206)4S3.171 1 065AO041 10/4/89 1 or potential surrounding land uses as defined by the Comprehensive 2 Plan. 3 The proposed PUD provides a significantly higher 4 level of design and amenities than standard single family 5 subdivisions of comparable value. The retention of trees and open 6 space is superior to that provided by traditional subdivision 7 design. 8 iii) Community benefit is demonstrated by the way 9 in which the PUD implements the following goals and policies of the 10 East Hill Plan. 11 NATURAL ENVIRONMENT ELEMENT: 12 Goal 1: Preservation and enhancement of the natural qualities that make the East Hill area an attractive place in which to live. 13 Objective 2 : Maintain and restore the natural character of the 14 East Hill community through the retention and introduction of native and ornamental plants in 15 existing and planned development. 16 Policy 1: Encourage the retention and reestablishment of vegetation in the issuance of development permits 17 and in development actions of the City. 18 Policy 2 : Permit the preservation of significant existing trees to satisfy a portion of required landscaping. 19 The flexible design standards allowed by the PUD ordinance 20 provides an opportunity and incentive for the permanent 21 preservation of trees and natural vegetation. 22 HOUSING ELEMENT: 23 Goal 2 : Development patterns that promote residential quality and 24 provide diverse housing opportunity. 25 Objective 1: Promote flexible residential development approaches to: NOTICE OF RECONSIDERATION - 5 FERGUSON&BURDELL KOLL CENTER BELLEVUE SOO- 108TH AVENUE N.E. SUITE 2100 BELLEVUE.WA 98004 (206)453.1711 065AO041 10/4/89 1 a) Provide a variety of housing types, densities and prices. 2 iv) In July of 1988, the City Council adopted Resolution 3 1172 which in part directed the Planning Department to prepare an 4 update of the Housing Element of the City's Comprehensive Plan. 5 The Council also directed the Planning Department to prepare 6 revisions to the Planned Unit Development ordinance in order to 7 encourage and increase the applications for planned unit 8 developments in the city. The Council addressed the imbalance 9 between multi-family and single family housing in the city and the 10 lack of availability of housing options and choice for the 11 residents. 12 v) An update to the Housing Element of the City's 13 Comprehensive Plan was issued by the Planning Department in 14 January, 1989 . Applicable goals and policies are attached. Dover 15 Place is designed to be consistent with an to implement these goals 16 and policies. In particular: 17 Goal 2 : Objective 2 ; Policy 3 . 18 Objective 3 ; Policies 3 , 4 , 61 81 9. 19 Goal 3 : Objective 2 ; Policies 1, 4 . Objective 3 ; Policy 3 . 20 Goal 4 : Objective 1; Policies 2 , 3 . 21 Objective 2 ; Policy 2 . 22 vi) Community benefit is also demonstrated by the 23 fact that the developer must contribute a fair share of the costs 24 associated with off-site road improvements in order to mitigate 25 traffic impacts of the project. There is also a right-of-way dedication to SR 515 along the eastern boundary of the property. FERGUSON C.BURDELL NOTICE OF RECONSIDERATION - 6 KOLL CENTER BELLEVUE SOO- 108TH AVENUE N.E. SUITE 2100 BELLEVUE,WA 98004 (206)453-1 71 1 I 065AO041 10/4/89 1 vii) There is no evidence of any detrimental effect 2 on existing or potential surrounding land uses. The public 3 testimony in -opposition was principally concerned with impacts of 4 parking and traffic. Any potential detrimental effects have been 5 mitigated by the increased street width which provides additional 6 on-street parking and improved access for emergency vehicles. The 7 parking assessment study demonstrates that Dover Place provides g more parking spaces per unit than ' other similar PUDs. 9 Participation in fair share costs of off-site traffic improvement 10 is required as mitigation under SEPA. 11 viii) There is no evidence that the PUD will be 12 unattractive, or that adjacent residences will be adversely 13 impacted. Dover Place has been designed to provide a variety of 14 housing types and a 30 foot buffer of evergreens will be planted 15 between existing residences and the PUD. 16 ix) The issues of possible school overcrowding and 17 needs for park space are general concerns of the community. No 18 evidence was introduced to demonstrate adverse impacts created by 19 Dover Place. The Planning Department staff report states that the 20 City has no authority to impose school mitigation conditions. 21 4 . Relief Requested. The applicant requests that the 22 reconsideration be granted and the Hearing Examiner recommend to 23 the City Council approval of the PUD and preliminary plat with 24 conditions as stated on pages 10 and 11 of the Examiner's report 25 dated September 20, 1989 . NOTICE OF RECONSIDERATION - 7 FERGUSON 6 BUROELL KOLL CENTER BELLEVUE SOO• 108TN AVENUE N.E. SUITE 2100 BELLEVUE.WA 98004 (206)453.1711 065AO041 10/4/89 1 DATED this day of 1989 . 2 FERGUSON & BURD-ELLL 4 Nadine Zackrisson Attorneys for Applicant Cam-West 5 Development, Inc. 6 7 8 9 10 11 12 13 14 15 16 17 I8 19 20 21 22 23 24 25 FERGUSON&BURDELL NOTICE OF RECONSIDERATION - 8 KOLL CENTER BELLEVUE SOO. 108TH AVENUE N.E. SUITE 2100 BELLEVUE.WA 98004 (206)453-1711 T-744 F. i CT Lt=' ='i Lt'�:r� TO FF'UI°l THE TF. ilti=F'il GP[u_IP TiU.np.,r;ari;,n +ntl Tralh:GJ�,�22nn� P L A N N ! N G JISIGi! w Tl to Group October 2, 1989 TG: 89369.00 Mr. Lrle Cimipbell, Presldetit Cam-West Development, Inc. P.O. Box 308 Kh'kland, WA 98083 SUEIJECT.. DOVER PUCE;PUD - PAMUNG ASSLSSMENT STUDY" Dear Erie. Per your request.M\NSPO has completed an assessuicnt of the parking needs for your proposed Dover Place development consisting of 39 single-family detached residenci- A summary of our assessment follows. Both the Residential DevetoprTLent llurLc book. (1978, the Urban Land Institute), and n,cvtsportatton and Lurid Development. (1988, Institute of Transportation Eni;lricer.;), sug- f est a nitrilmum parking supply index of 2.0 spaces per single-farruly dcvelllrrl; unit. It }s recorrrniended that this parking be provided off-street. As previously propa5cct, each re5t- dential unit witl11r1 tlic Dover Place PUD is to have an attached two-car't nril;e, a5 well a", driveway space capable of parking two-cars, for a total of four on-site Parking spaces Per liouHehold. Additionally, 12 to 1S "visitor" type spaces are to be provided in tlic t2onulton, cul-de-sac areas. 1t CVCry gtU'i1C yj)a( C 15 available for vehicle parking(, the proposed par'k- mg upply wit] provide double the 1111niululn number of parkin}; SIMCCS strgg;rsied by the above referenced publications. Many people, however, lnay use their gut-age space as extra storage area rather tha11 for parking vehicles. Unfortunately, very little empirical data have been publislie.ci which comet be used as reference to develop an csuruate of the ava lability of gara9c *paec for parking; ir1 residential areas. Therefore, to confirm tire residential of the published parldri� supply tndex to developments it, King County, the non-garaged parking; dcm;uid.a of three eatab- 11:Aied PUDs were observed. Each of the three PUD.-3 are strnilar to the proposed Dover Place development in the followt rig respects: individual lot sires of roughly 4.500 to 5,000 square feet: the value and contemporary style of the hearts: and etch dcvclopineni contains only single-family residences with attached two-car garages. The results of t11e obscrvutlons are listed in Table 1 below. Table 1. Observed Parking Demands for Single-Family Residential Developments) _ Parkod yohiclOs2_ Site No.of LOIS Olt Street On SlrGal 'I o;al 47 32 6 33 62 31 7 38 3 Q 54 5 59 Avoiage r- 3s 6 4; 1 Observations conducted on a typical weekday evening after 11:00 p.m. Does not Include vehicles parkod in garages(each unit has a Iwo-car attached garage). — EXHIBIT B Tt�rTRANSP0 Grow.Inc 14716 9�I-Rcd RGad SuLPIOU Belle'.atr.N1:1Junyton93W Fn?•TGb•'i�.rJFif) iL r7Jl l I tin I r},I r_•ri_I UI-tA'• I - -+ r. U- Mr. Eric Campbell, Pfe'3tdCrlt Tf1B October 2, 1989e,-� --P Page 2 Gl-uu�) With the observed averaged "non-gua-aged" Darling rate of 0.79 vehicles per recslde.nce and each residence havtng; 2.0 garage spaces, the averaged parking demand inoludin� "garaged" parking equals 2.79 spaces per home. This is still lesy thall the •1.0 spaces of ofi-street parking proposed for each house at Dover Place, indicating that it sufficlent o(i•-street parking supply will be available for the "average parkhlg condition," It 15 Important to ante that in the above parking observation of the established PUDs, on-strcct parldrig (lid occur. However, In no case was the occurrence of on-strett parking due to unavailability of oft- :street parking at any one huusehold. On occasions of extreme parking dernand (e.g.. a neighborhood garage sale or a large pri- vate party such as a wedding reception), it is likely that 1-lie "visitor" ;paces will not provide axi adequate supply to handle the demand associated with an"event" at even one residence. To safely accommodate these occasional"peak" demand periods, it is our reconrrncndation that ssulilcicnt strcct width bt provided to allow on-street parking to occur without crcatiiig an Impediment to emergency vehicle access. in all three of the above observed 1'UDs, the street width was 28 feet. This is the current King County standard for residential subdivi- sions and provides both adequate parking supply and 3 afe vehicle access. Eric, it is our understanding that you are revising your proposal to incorporate both a 28 foot street width (previous width was 22 feet). as well as providing a total (if' IG "visitor" Spaces. Our professional assessment indicates that an ample supply of off-strcct parking will be available at Dover Place by providing individual two-car garuges with two addttion;J driveway spaces per household. The 28-foot wide roadway will provide enough oar-street p.u'lctstg supply to aeeonunodate any peak parking dernand3 wlttlout creating sevl rr acec55- related safety hazards. Thus. the proposed 15 spaces for visitor parking appears unnecessary. Submittal of thls letter to the. City of Kent should fulfill the requh'ernerit for supplying; a parking needy assessment. if city stair should (Itsagree with our aatics:.rn(:nt, please- li;tvc them contact uir- d.lrtctly so that we can discuss our results. Sincerely, 17e TRANS POGc' yL / , Trc Edley. Y.Tr,uisportation Lnglneer RDG/ndl �fc' o POSAt �� A qousiI )& i , sv tr CAN ATE' rZ?oRfi s located on the Valley Floor. (I glow and moderate income housing i I. These areas are earmarked for City BlocitGisnnotu only fthese eareas I infrastructure improvements. However, areas which are in need of upgraded infrastructure. For example, In working to preserve that have been annexed into the City do not always have existing lace i and/or adequate infrastructure n P .ods the City should and protect these existing neighborho , identify such deficiencies and establish a program of correction. I while the City provides for adequate public r c sevices to existing l neighborhoods, it should also insure the protection of existing residential neighborhoods from incompatible uses and of er r ou intrusions. This can .be accomplished through the use o open space buffers, landscaping, fencing, ber g, density gradations, priate means. intensity gradation, and other appro ere GOAL 2 : Guide new residential development into and ein aas h manner e needed services and ne facilitwith ies aresting res av idential neighborhoods. which is comp Objective 1: Encourage new �esidential close vtooptransportation suitable areas of the Valle Floor, corridors. Goal 2 , Objective 1 applies solely to the Valley (Editor' s Note: Floor. ) policy l: Designate suitable areas for future residential development. policy 2 : Expand opportunities for multifamily commerci development or etransportationacorridors,nand centers, j major commuter transit routes. Pol 3 ; Retain agricultural and rural residential opportunities. Provide for obile Poles— manufacturedmhousing. parks and poles 5: Encourage upper-story residential uses in commercial and office buildings. nw on the ast ObjeeH : Permit enecessary residential facilitiespandtservicesEare and west available. Polic 1: Protect existing single-family neighborhoods from adverse impacts of new development. 22 ' i Policy 2 : Designate suitable areas for future residential development. Policy 3 : Encourage development of new single-family housing, by creating neighborhood environments attractive to single-family builders and homeowners. Policy 4 : Utilize regulatory measures, such as zoning, to restrict and discourage development which contributes to urban sprawl. Policy 5: Limit opportunities for multifamily. development. Policy 6 : Limit expansion of multifamily development in rural residential areas. Objective 3 : Guide new residential growth so that it occurs in a responsible manner, consistent with neighborhood objectives. Policy 1: Limit opportunities for high-density multifamily development, where appropriate. Policy 2 : Provide opportunities for low-or medium- i density multifamily development in nodes and near commercial centers. Policy 3 : Encourage infill development of areas already served by utilities and transportation systems, to achieve maximum efficiency in the provision of services and preservation of natural features. Policy 4 , For undeveloped areas, encourage densities which promote efficiency in providing needed utilities and services. Policy 5: Provide for increased single-family residential densities as a transition between more intensive and less intensive residential areas. PolicV 6: Require developments to provide for all necessary on-site improvements, as well as their fair share of off-site improvements needed as a result of the development. Policy 7 : Through enhanced development standards and other mechanisms, improve the appearance and 23 "fit" of multifamily developments within the community. �olicy 8 . Encourage the use of clustering, zero lot line, planned unit development and other site planning techniques to improve the quality of developments. Policy 9: Ensure adequate buffering between new developments where buffering is needed to mitigate an adverse impact of the new development. Policy 1 Promote annexation as a means of guiding development which may impact existing residential areas. RATIONALE FOR GOAL 2 Kent is an urban area. The large amount of industrial/commercial/ office development within the City, which coexists with the residential development here, has forever changed the rural character that once was. Although the opportunities for large-lot, pastoral development should be protected where feasible, the city's population will presumably continue to grow and housing will be required for new residents. By Resolution 1123 , Kent ' s City Council evidenced a desire to achieve reductions in the density of multifamily housing developments within the City. Through the Housing Study authorization, the Planning Department was charged with the task of determining areas appropriate for density reductions, for potential new multifamily areas, or for density increases. Using F input from the September 1988 public meeting and the meetings of the Housing Advisory Committee, an overall strategy for locating residential density was established: "Limit new opportunities for high density multifamily development. Provide opportunities for low- or medium-density multifamily development in nodes or near commercial centers. Protect and expand existing single- family neighborhoods. " Efficient use of city services--including utilities and transportation systems--is reinforced through careful density planning. By concentrating multifamily development in centers, advantage can be taken of the economies of scale. By limiting densities on the urban fringe and encouraging infill development, continued urban sprawl can be slowed. A gradual integration of densities--from highest to lowest--creates a smooth transition in order to protect all housing types. Higher density developments have typically suffered from r' "intensity" problems. Unattractive features of such development could be mitigated through enhanced development standards or 24 alternative site planning techniques, thereby improving the "fit" of such developments within the community. of primary concern is the protection of existing residential neighborhoods. The East and West Hill planning areas are primarily single-family neighborhoods with fairly limited access to public transportation and the community services located in the central business district. For this reason, multifamily development is less efficiently located on the plateaus unless it is close to commercial centers. Multifamily development may also be perceived as intrusive to the existing single-family developments on the hills. The Valley Floor, on the other hand, is closer to city services, Park and Ride and other METRO service, and potential commuter rail. Siting of multifamily in this area may offer improved residential opportunities for Kent residents. Existing single- family residential neighborhoods on the Valley Floor should, however, receive protection from any adverse impacts due to such development. Whenever necessary, new developments (both single- and multifamily) should be asked to contribute to their "fair share" of the community improvements necessary to maintain the quality of life for all Kent residents. GOAL 3 : Assure an adequate and balanced supply of housing units offering a diversity of size, densities, age, style and cost. Oblective 1: Encourage the maintenance and rehabilitation of existing housing units. Policy 1: Sponsor a housing rehabilitation program. Policy 2 : Provide information on home maintenance and rehabilitation to homeowners. Policy 3 : Maintain a strong code enforcement program. Policy 4 : Support legislation and programs which provide incentives for maintaining homes in good condition. Oblective 2: Provide for a mixed residential community with i a balance of housing types. Policy 1: support Planned Unit Developments (P.U.D.$) t where densities and dwelling types are mixed. 25 Policy 2 : Provide for manufactured housing and for mobile home parks. Policy 3 : Encourage mixed use zoning which allows residential uses to be incorporated into commercial and office developments. Policy 4 : Encourage creative approaches to housing design and development. Objective 3 : Increase the supply and affordability of housing for low- and moderate-income households. Policy 1: Review current regulations (e.g. zoning, building, fire codes) to insure that the associated increased development costs are minimized. Policy 2 : Determine what incentives could be provided to encourage new construction of units. Policy 3 . Provide for increased single-family residential densities in appropriate areas as a means of controlling costs and providing ✓ opportunities for single-family home ownership. Policy 4 : Promote affordable housing design _ competitions to demonstrate efficient planning and construction techniques that can be replicated by other developments. RATIONALE FOR GOAL THREE Citizens and Council members have expressed the desire for Kent to be a mixed residential community with a balance of housing types. Recent city estimates (1988) show that 34% of total dwelling units are single-family, 60% are multifamily, and 6% are mobile homes. This perceived imbalance has become an increasing concern of Kent citizens. Housing affordability has also become an increasingly important issue due to major changes in the housing market throughout the United States and the Kent area. The last decade brought sharp increases in housing costs: construction costs, land prices, and costs for new residential roads and utilities, as well as the price of existing housing, rose simultaneously. Interest rates for construction financing and homeowner mortgages, while not as high as the peaks of the 1970s, remain at historically high i levels. 26 1 ; 1 In 1979 the rate of homeownership in the United States fell for the first time since the early 1960s. The rate of homeownership continues to fall, especially among young adult households. The rising cost of housing has the greatest impact on affordability for low and moderate income persons, who find both rents and first home purchases more expensive. Of increasing importance to the citizens of Kent is the preservation, maintenance and rehabilitation of existing single- family neighborhoods and housing units. Existing housing is typically some of the more affordable housing and can be used to meet the needs of those families or individuals with lower and moderate incomes. Home repair programs and other resources can be focused on developed areas of the city where existing housing is affordable but in disrepair. i - Creative approaches to housing can foster both diversity and affordability. An example is Kent' s existing Planned Unit Development Ordinance which allows residential developments to receive a density bonus by creating a variety of housing types, I thus a range of housing costs. i . Modern manufactured housing has been shown to be cost-effective and affordable. Its successful use has been demonstrated in a King County-sponsored demonstration project in Federal Way. These types of homes can be designed to blend in well with site-built homes. Mixed-use zoning allows residential uses to be incorporated into commercial and office developments, providing housing for those who wish to live close to work and shopping opportunities. It helps to provide a stronger pedestrian focus, and reduces the pressure to develop needed housing farther out from the city in an urban sprawl pattern. This may appeal to a number of groups such as professionals, single and divorced persons, "empty- nesters, " and elderly persons with limited mobility. Creative approaches to housing design and development may include incentives to promote the infilling of underdeveloped neighborhoods. Infill development helps to reduce public facilities costs by lessening the need to extend public facilities ; it also helps reduce urban sprawl. Some single-family neighborhoods may be strengthened by adding viable new housing to existing housing stock. An additional measure encouraging the construction of single- family housing is reducing minimum lot sizes in appropriate areas. For example, a smaller single-family lot size might be used adjacent to multi-family development. This would help to provide density degradation between more intensive residential ' zones and less intensive ones. 27 Design and construction innovations can have a significant impact on housing costs. Affordable housing demonstration projects, including design competitions, can provide an excellent opportunity to discover and promote new solutions to making affordable housing available for all . GOAL 4 : Assure environmental quality in residential areas. objective 1: Preserve and maintain as much of the natural environment as possible. Policy 1: Prohibit residential development in areas unsuitable for development, such as' steep slopes and wetlands. i i Policy 2 : Require site design to conserve natural features, such as streams, steep slopes, trees, and wetlands. Policy 3 : utilize regulatory measures to control the removal of major trees on developed as well as on undeveloped property. .. Objective 2 : Provide open green areas in the City' s residential neighborhoods. policy 1: Require contiguous open green area in new multifamily developments. Policy 2 : Require contiguous open green area in new single-family subdivisions. Objective 3 : Protect sensitive areas, including significant woodlands, wetlands, meadows, wildlife habitat, and waterways, from the adverse impacts of residential development. Policy 1: IIndate the Hazard Area Development Limitations Map to include additional sensitive areas. Policy 2 : Prioritize sensitive areas as to their constraints on development, their safety and welfare functions and the environmental health benefits they provide. Policy 3 : Study alternative means to prohibit or restrict residential development in sensitive areas, including the purchase or transfer of development rights. 28 ------------ >ro �:�r F l v I I try .Ir."l:r --f('•n"i. T> .' r$ IfE a}•'/ / W �''�1"{." S a yl S i Y S-'! I •.• ' ... t4 1 F� +) C_—_-� / � i r � '� % • ale. � ty`„ ` � 1_, A ♦1fa r ! r._� T� �E�"`'tryi� � �. t F. '�' i l y '' 5 /• �I-, gym: /'-; sr„ N I— Y a rol.T$Y'+ swat p/r/, t✓'� 1 4 KYr' \ t 4 i ' ---� o � � ..,.•.. ( � - r iP�< G+ as. E�+h 1;y..�\r1 � XJr�9(th�F> Iw'y.Tt Y/3. .� �._ w: .�•1 i ma 1 �.9'�„a >r�?. :1• f� /"e iw' zl. < �'i c 1.�.r / 'ts n , 4. 11 / p Y 'I i JMW K SR re ' �7T-'+ems_". I I .'•C '` ��_ = S, I o.. N fi - ... .. in 5:11 t ♦ a *. .a• :15 +'O u R m.3 o a y 'j, M1if S; S�J+tr W.�*a • s =o�Hsi �:?�°; b fief �ORR t�� c �i:ia x ss, m ,..•^ / , z @ Q i (D ^'''''!♦ nR r.•w �,+ Zylyii v�{j [iiL1s� s - ^i•'� a1� - :at L =� h:E "j IA P .'7 mV'2' T@� '...[.fi t. ±{ / 1. tea>i� F�r;(sts�' "� 0�444GGG,.nz` li ;F:iaa}i- F .. � s ••�� R Z �� IP „w� �J' t 3 tLi- = i � }i �I •• _ _.1 - y [' � : .�. :.L' �i fA 7 ' PRELIMINARY PLAT OF � — I. i 's•i Conceptuai PUD-Plan t1 DOVER PLACE y ,�__—<..<..._..... I P . 9 i t \ j l 77, ' i > C} @_a L P V _ ° a r so Z O y En e (On- :tea g NR nm },.•..:; ,.moo '"0. °•°.o+ 11 " Y•2�: � fP rj Transportation and Traffic Engineering PLANNING DESIGN J OCT - '" :) ► The :i Trans o Group October 2,'1989 TG: 89369.00 Mr. Eric Campbell, President Cam-West Development, Inc. P.O. Box 308 Kirkland,WA 98083 SUBJECT. DOVER PLACE PUD - PARKING ASSESSMENT STUDY Dear Eric, Per your request.TRANSPO has completed an assessment of the parking needs for your proposed Dover Place development consisting of 39 single-family detached residences. A summary of our assessment follows. Both the Residential Development Handbook, (1978, the Urban Land Institute), and Transportation and Land Development, (1988, Institute of Transportation Engineers), sug- gest a minimum parking supply index of 2.0 spaces per single-family dwelling unit. It is recommended that this parking be provided off-street. As previously proposed, each resi- dential unit within the Dover Place PUD is to have an attached two-car garage, as well as driveway space capable of parking two-cars, for a total of four on-site parking spaces per household. Additionally, 12 to 15 'wLsitor' type spaces are to be provided in the common, cul-de-sac areas. If every garage space is available for vehicle parking, the proposed park- ing supply will provide double the minimum number of parking spaces suggested by the above referenced publications. Many people, however, may use their garage space as extra storage area rather than for parking vehicles. Unfortunately, very little empirical data have been published which could be used as reference to develop an estimate of the availability of garage space for parking in residential areas. Therefore, to confirm the applicability of the published parking supply Index to developments in King County, the non-garaged parking demands of three estab- lished PUDs were observed. Each of the three PUDs are similar to the proposed Dover Place development in the following respects: individual lot sizes of roughly 4,500 to 5,000 square feet; the value and contemporary style of the homes; and each development contains only single-family residences with attached two-car garages. The results of the observations are listed in Table 1 below. Table 1. Observed Parking Demands for Single-Family Residential Developmentsi Parked Vehicles2 Site No.of Lots Off Street On Street Total 1 47 32 6 38 2 62 31 7 38 3 63 54 5 59 Average 57 39 6 45 1 Observations conducted on a typical weekday evening after 11.00 p.m. 2 Does not include vehicles parked in garages(each unit has a two-car attached garage). The TRANSPO Group,Inc. 14715 Bel-Red Road,Suite 100 Bellevue,Washington 98007 FAX:2061747-3688 2061641-3881 Mr. Eric Campbell, President me October 2, 1989 .4 OCT Transpo w Page 2 _. Group t u 1 With the observed averaged "non-garaged" parking rate of 0.79 vehicles per residence and each residence having 2.0 garage spaces, the averaged parking demand including"garaged" parking equals 2.79 spaces per home. This is still less than the 4.0 spaces of off-street parking proposed for each house at Dover Place, indicating that a sufficient off-street parking supply will be available for the "average parking condition." It is important to note that in the above parking observation of the established PUDs, on-street parking did occur. However, in no case was the occurrence of on-street parking due to unavailability of off- street parking at any one household. On occasions of extreme parking demand (e.g., a neighborhood garage sale or a large pri- vate party such'as a wedding reception), it is likely that the "visitor" spaces will not provide an adequate supply to handle the demand associated with an"event" at even one residence. To safely accommodate these occasional "peak" demand periods, it is our recommendation that sufficient street width be provided to allow on-street parking to occur without creating an impediment to emergency vehicle access. In all three of the above observed PUDs, the street width was 28 feet. This is the current King County standard for residential subdivi- sions and provides both adequate parking supply and safe vehicle access. Eric, it is our understanding that you are revising your proposal to incorporate both a 28 foot street width (previous width was 22 feet), as well as providing a total of 15 'Visitor" spaces. Our professional assessment indicates that an ample supply of off-street parking will be available at Dover Place by providing individual two-car garages with two additional driveway spaces per household. The 28-foot wide roadway will provide enough on-street parking supply to accommodate any peak parking demands without creating severe access- related safety hazards. Thus, the proposed 15 spaces for visitor parking appears unnecessary. Submittal of this letter to the City of Kent should fulfill the requirement for supplying a parking needs assessment. If city staff should disagree with our assessment, please have them contact me directly so that we can discuss our results. Sincerely, The TRANSPO Gr9'p, Inc Rory D. Qrindley, P.E. Transportation Engineer RDG/ndl FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE HEARING EXAMINER FOR THE CITY OF KENT FILE NO: DOVER PLACE #SU-89-2 AND #PUD-89-1 APPLICANT: CAMWEST DEVELOPMENT, INC. REQUEST: A request for a preliminary plat approval with a Planned Unit Development (PUD) for 39 residential lots and associated open space. LOCATION: The property is located north of the 103rd Avenue SE and SE 228th Street intersection, abutting a portion of the west side of 104th Avenue SE. APPLICATION FILED: 6/5/89 DEC. OF NONSIGNIFIANCE: 6/15/89 MEETING DATE: 9/6/89 RECOMMENDATION ISSUED: 9/20/89 RECOMMENDATION: DENIED STAFF REPRESENTATIVE: Kathy McClung, Planning Department Carol Proud, Planning Department Stephen Clifton, Planning Department Mike Evans, Fire Department Gary Gill, Public Works Department Ed White, Public Works Department PUBLIC TESTIMONY: Eric Campbell, CamWest Development Rory Grundley, Traffic Consultant John Newell, Engineering Consultant Public Testimony Betty Hoff Rudy Hoff Dennis D'Eath Irene Boufferd Richard French Ismael Melendez Richard Phillips Roger Record Paul Kiehn Curt Betchley Lucille Lemon James Orr Rudy Dodd Steve Feller John O'Rourke 1 Hearing Examiner Recommendation Dover Place _ #SU-89-2 and #PUD-89-1 WRITTEN TESTIMONY: Petition in Opposition INTRODUCTION After due consideration of all the evidence presented at public hearing on the date indicated above, and following an unaccompanied personal inspection of the subject property and surrounding area by the Hearing Examiner at a time prior to the public hearing, the following findings, conclusions and recommendation are entered by the Hearing Examiner on this application. FINDINGS 1. Both the City-wide Comprehensive Plan Map and the East Hill Comprehensive Plan Map designate the site as Single-family Residential. The East Hill Map indicates a preferred density of 4 - 6 units per acre. The subject property is zoned R1-9 . 6, Single-family Residential, 9, 600 square foot minimum lot size. The Planned Unit Development Ordinance, Section 15. 04 . 080, allows for certain density bonuses if certain conditions are met. 2 . The subject property is 7. 6 acres in size. The present zoning allows for 34 . 48 single-family homes. The applicant proposes to construct 39 single-family homes based on density bonuses requested in this application. This would result in a density of 5 units per acre with an average lot size of 4, 770 square feet. 3 . Land use surrounding the site includes the Briar Lane single- family subdivision immediately to the south, some rural single- family residential development to the north, an apartment complex to the northeast on 104th Avenue SE and single-family residential development immediately to the east across 104th Avenue SE. 4 . No unusual environmental conditions or features exist on the site. A tract of 2 .85 acres (equal to 36.6 percent of the site) is proposed by the applicant as open space. This open space is proposed to include areas of natural vegetation (49, 658 square feet) , formal landscaping and about 33,105 square feet of an unspecified active recreational facility. The applicant proposes a 32-foot wide landscape buffer around the perimeter of the site. 2 Hearing Examiner Recommendation Dover Place #SU-89-2 and #PUD-89-1 - 5. An existing eight-inch water main is located adjacent to the site and is available to serve the site. An existing eight inch sanitary sewer main is located at the southwest corner of the property and is available to serve the site. 6 . A tentative plat meeting was held on June 1, 1989 . Several concerns were raised by City staff at that meeting. The notes of this meeting enumerated concerns intended to be "the conditions and restrictions for the proposed Dover Place preliminary plat and PUD" . These conditions and restrictions included: 112 . Designate the type of active open space that is proposed for the project; 4 . Note on the plat that tract B is for open space and will not be subdivided in the future; and 6 . Include a copy of the proposed homeowners (sic) covenants, conditions and restrictions with the plat/PUD application. " These three conditions and restrictions have not been complied with as of the date of the hearing on this application. 7 . An "Environmental Review Report - Decision Document" prepared by the City Planning Department on June 13, 1989 notes that "to determine required parking areas, a parking needs assessment must be provided and approved by the Planning Director and Hearing Examiner" . A parking needs s required by Section 15. 04 . 080 C (5) (b) of the Kent Zoning Code A study has not been done. 8 . A final Mitigated Declaration of Nonsignificance was issued June 14 , 1989 with conditions related to storm water drainage detention, biofiltration and traffic impacts. No appeal was filed to challenge these conditions within the 15 days allowed for appeals. 9 . The City Fire Department indicated on July 19th in written comment on the application that "access and parking problems associated with this development create a serious concern about our ability to deliver an adequate level of service to this development" . Since that time, the applicant has submitted two letters (dated August lith and August 30th) to respond to concerns of the Fire Department. These letters contain specific standards to deal with the concerns raised. 3 Hearing Examiner Recommendation Dover Place #SU-89-2 and #PUD-89-1 - 10. Numerous members of the public testified at the public hearing in opposition to the proposed project. A Petition in opposition to the project singed by 56 people was also presented at the hearing. The concerns raised included: a. lack of off-street parking for visitors; b. restrictions on fire and police access if on-street parking occurs (which appears likely) ; C. traffic overload on SE 228th Street from additional vehicles travelling to and from the proposed development; d. risks to children from increased traffic moving at rapid speed; e. overcrowding at neighborhood schools; f. restrictions on access for garbage and recycling trucks if on-street parking occurs; g. need for playgrounds for the increased number of children associated with this proposed development as well as those children already in the area; h. too dense of development if lot sizes are permitted that are smaller than the current zoning; i. enforcement of conditions, covenants, and restrictions as to parking will be difficult; j . other PUDs in other jurisdictions are not attractive; k. there often are more than two cars per family and the proposed development has no parking for them. 11. The findings of the City Planning Department regarding PUD review criteria 2 , 3 , 41 and 5 set forth on pages 19 and 20 of the Staff Report dated August 29, 1989 are incorporated herein by reference as if set forth in full. CONCLUSIONS 1. The applicant has applied for both a PUD permit approval and approval of a preliminary plat. Section 15.04 . 080 E (6) of the 4 Hearing Examiner Recommendation .� Dover Place #SU-89-2 and #PUD-89-1 - Kent Zoning Code authorizes consolidation of the PUD review process with other land use permit processes required by other sections of the code. If the other land use review requires City Council approval, a PUD permit shall not be deemed approved until the City Council has approved the related land use permit. In this matter, both the preliminary plat decision and the PUD decision of the Hearing Examiner are recommendations to the City Council. Consolidation of preliminary plat review with PUD review is appropriate in this matter. The purpose of Hearing Examiner review is examine available information, conduct a public hearing, prepare a record of the proceedings and enter findings and conclusions based upon that record together with a recommendation to the City Council. Both the PUD decision and the preliminary plat decision must be further acted on by the City Council before the review process on this consolidated application is complete. 2 . The purpose of the subdivision regulations, which includes the requirement for preliminary plat approval, is to: Provide rules, regulations, requirements, and standards for subdividing land in the City of Kent, insuring that the highest feasible quality in subdivision wilt be attained; that the public health, safety, general welfare, and aesthetics of the City of Kent shall be promoted and protected; that orderly growth, development, and the conservation, protection and proper use of land shalt be insured; that proper provisions for all public facilities .. . shall be made; that maximum advantage of site characteristics shalt be taken into consideration; that conformance with provisions set forth in the City of Kent Zoning Code and Kent Comprehensive Plan shalt be insured. Section 2 . 3 . 3 of the Kent Subdivision Code sets forth the particular requirements for an application for preliminary plat approval. The application for the Dover Place proposal is in compliance with the application requirements of this section. However, conditions on approval of the preliminary plat element of this consolidated application as specified below are necessary to assure that this proposal will comply with the purposes of the Kent Subdivision Code. The conditions are as follows: a. approval of a PUD permit that allows for the density proposed in the preliminary plat application; b. Prior to recordation of the final plat: 1. Design private streets to meet City standards regarding pavement structure, cement concrete curb and sidewalks, street lighting, drainage system, 5 Hearing Examiner Recommendation _. Dover Place #SU-89-2 and #PUD-89-1 - street name signs and other items consistent with good street construction practices as determined by the city; 2 . Deed a 20-foot right of way along 104th Avenue SE to City for street purposes; 3 . Design on-site storm water detention and water release at a non-erosive point. Extend storm drain facilities to adjacent property lines with necessary easements as required by the City; 4 . Provide public water systems to meet fire flow and domestic flow requirements with minimum size line of six-inch diameter. Extend main to service adjacent properties as determined necessary by the City; 5. Provide public gravity sewer service to all lots and extend to adjacent property lines as determined necessary by the City; 6. No vehicle access to the proposed development from 104th Avenue SE shall be allowed. 3 . The intent of the Planned Unit Development (PUD) is to "create a process to promote diversity and creativity in site design, and protect and enhance natural and community features. " Section 15.04 . 080 of the Kent Zoning Code sets forth the permitted uses, development standards, density bonus standards, application process, review criteria and time limits for PUDs. The Hearing Examiner is authorized by Section 15. 04 . 080 F to grant, deny or condition an application based on the following review criteria: 1. Residential Planned Unit Development Criteria a. The proposed PUD project shall have a beneficial effect upon the community and users of the development which would not normally be achieved by traditional lot-by-lot development and shall not be detrimental to existing or potential surrounding land uses as defined by the Comprehensive Plan. b. Unusual environmental features of the site shall be preserved, maintained and incorporated into the design to benefit the development and the community. c. The proposed PUD project shall provide areas of openness by using techniques such as clustering, separation of building groups, and use of well-designed open space and/or landscaping. d. The proposed PUD project shall promote variety and innovation in site and building design. Buildings in groups shall be related by common materials and roof styles, but contrast shall be provided throughout the site by the use of varied materials, architectural detailing, building scale and orientation. e. Building design shall be based on a unified design concept, particularly when construction will be in phases. 6 Hearing Examiner Recommendation Dover Place _ #SU-89-2 and #PUD-89-1 - The concept of a "Planned Unit Development" or "PUD" has its roots in cluster zoning, floating zones and special permit procedures. Section 11. 09 of Anderson's American Law Of Zoninq defines a PUD as "an area of land to be developed as a single entity for a number of dwelling units, the development plan for which does not correspond to the regulations established in any one residential district created under the provisions of a municipal Zoning Ordinance. " Section 15. 02 . 332 of the Kent Zoning Code broadens this definition by stating that departures from conventional development standards must be "in the interest of achieving superior site development, creating open space and encouraging imaginative design by permitting design flexibility. " The concept of a PUD may be implemented by designating certain tracts of land for PUD development or by requiring special review and approval for deviations from the underlying zoning. This application falls under the latter approach. The Washington Supreme Court has recognized this approach to a PUD "in order to provide a more desirable living environment than would be possible through a strict application of zoning ordinance requirements. " Olympia v. Palzer, 107 Wn.2nd 22S (1986) , citing several cases. The City of Kent PUD ordinance requires greater scrutiny of a proposed development when it is submitted as a PUD. Specific studies and commitments to restrictions are required under the PUD ordinance that would not be required under the underlying zoning ordinance. An overriding criteria is that the proposed PUD development must "achieve superior site development" , "have a beneficial effect under the community" and "not be detrimental to existing or potential surrounding land uses. " See Sections 15. 02 . 332 , 15. 04 . 080 F(1) of Kent Zoning Code. A PUD proposal should not be allowed solely for the purpose of obtaining deviations from the underlying zoning. There must be beneficial impacts associated with the proposed development. The Hearing Examiner concludes that there are no unusual environmental features of the site, that the proposed PUD would provide areas of openess, that the proposed PUD would promote variety and innovation in site design and that the building design would be based on a unified design concept. However, based on review criteria (Section 15. 04.080 F (1) ) , and the Findings set forth above, the Hearing Examiner concludes that the PUD as proposed would not have a beneficial effect upon 7 Hearing Examiner Recommendation Dover Place #SU-89-2 and #PUD-89-1 - the community and may be detrimental to existing surrounding land uses. The reasons for this conclusion are detailed below. a. There will not be adequate vehicular parking areas. The existing zoning for the site is R1 9.6. This was established in July 1987 after annexation. The average lot size proposed in the PUD is 4,770 square feet. The increased density achieved through PUD bonus points means an increased number of vehicles entering and leaving through the one access point of 103rd Avenue SE. It also means an increased number of vehicles parking within the site. The primary concern raised at the public hearing related to inadequate off-street parking within the PUD. According to testimony given by City staff, on-street parking would restrict the entry of emergency vehicles such as fire, police, and ambulance. No clearance would be possible for fire trucks if both sides of a street were parked on. It is also possible that lack of parking within the site would mean "spill over" parking onto 103rd Avenue SE. While the applicant meets the parking requirements of the underlying zoning and has proposed twelve additional spaces within the north cul-de-sac, there is no evidence to support a conclusion that this parking would be adequate to meet the needs of the residents and visitors to the site. The PUD development standards found in Section 15. 04 . 080 c of the Kent Zoning Code require that "adequate vehicular parking areas shall be provided" . Further, the ordinance requires that "the required number of parking spaces . . . shall be approved by the Hearing Examiner based upon a parking need assessment study submitted by the applicant and approved by the Planning Director" . This approach to parking requirements is unique to the PUD ordinance. Other code provisions would allow a precise determination of parking requirements from the code itself. For example, Section 15. 05. 040 A requires two parking spaces per single-family dwelling. Section 3 . 1. 11 of the Subdivision code requires one guest parking space for each dwelling unit in a zero lot line development. The PUD ordinance requires that a determination of adequate vehicular parking areas be made based on a parking assessment study. The burden of proof is upon the applicant to show that adequate space will be provided based upon the study. 8 Hearing Examiner Recommendation Dover Place #SU-89-2 and #PUD-89-1 - The study could examine typical vehicle ownership and use patterns for the expected residents at the site as well as typical parking patterns in similar subdivisions or PUDs. The study has not been performed. It may be found that adequate vehicular parking does exist with the current configuration. On the other hand, there may be a need for additional areas to be designated for parking. A parking assessment study must be performed and a determination of whether adequate vehicular areas exist must be made before the PUD can be approved. It is the applicant' s responsibility to submit this study. This could be submitted as new evidence upon motion for reconsideration if the applicant so desires. This motion must be made within 14 days of the date of this decision. b. The open space element would not benefit the existing surrounding land uses as now proposed. Section 15. 04 . 080 C (5) of the Kent Zoning Code states that "open space within a PUD shall be available for common use by the residents, tenants, and/or the general public, depending on the type of project" . In addition, the applicant has requested a discretionary four percent density bonus based on a ten percent set aside for "active recreation areas" . Section 15.04 .080 D (2) of the Kent Zoning Code states that "only that percentage of space contained within accessory structures that is directly used for active recreation uses" can be counted toward that ten percent. The applicant was notified in the tentative plat meeting on June 1st that the type of active open space should be designated. That has not been done. Without a determination of what type of recreational facility might be constructed for active recreation, it is not possible to determine if the active recreation use of the common open space will be available for use by the general public. If it is, there undoubtedly would be benefits to the surrounding area. If not, the surrounding community may be burdened by increased activity at the recreation site. The review criteria of Section 15. 04 . 080 of the Kent Zoning Code require that a finding be made that the proposed PUD will not be detrimental to surrounding land uses. This determination cannot be made without evidence as to what type of activity will occur at the active recreation site 9 Hearing Examiner Recommendation Dover Place #SU-89-2 and #PUD-89-1 - - within the PUD. The applicant may also desire to submit this as new evidence upon a motion for reconsideration. 4 . If a PUD is approved on reconsideration or appeal, it is the conclusion of the Hearing Examiner that at least the following conditions should be applied: a. a notation shall be placed on the final subdivision plat which clearly identifies the total dimension of Tract B and that it be retained as permanent open space and not be further subdivided; b. the open space active recreation area shall be constructed and operable by the time 50 percent of the homes are completed within the PUD; C. the Conditions, Covenants and Restrictions for the project must include: 1. a maintenance agreement to permanently maintain the open space active recreation area; 2 . a maintenance agreement for all private streets; 3 . restrictions that require the proposed native vegetation to permanently remain; 4 . a requirement that a mailer be sent each June and January to all residences with a reminder that no parking is allowed on the streets due to fire hazards; 5. a stipulation that the conditions, covenants and restrictions containing provisions required by the City of Kent cannot be amended or nullified by a vote of any organized home owners ' association; 6. language identical to that of Exhibit 3 - attached to a letter dated August 30th from Eric Campbell to Lt. Mike Evans - regarding conditions related to standards, prohibitions, enforcement, penalties and impound of vehicles within the PUD. d. No construction practices shall take place within the areas designated to be retained in native vegetation. 10 Hearing Examiner Recommendation Dover Place #SU-89-2 and #PUD-89-1 _ e. The applicant shall submit to the Planning Department a recorded copy of the final version of the Covenants, Conditions and Restrictions for approval of language related to the above conditions prior to issuance of any building permits for the site. DECISION The consolidated application for approval of a preliminary plat and PUD application is DENIED. Two elements essential to the Hearing Examiner's ability to render a decision in the PUD review process have not been submitted into evidence for review and action. Both a parking assessment study and a designation of the type of open space active recreational use are critical to a determination of whether the proposed PUD can be approved under the review criteria set forth in Section 15. 04 . 080 F of the Kent Zoning Ordinance. The applicant may desire to submit this evidence upon motion for reconsideration. If the application is eventually approved, the conditions specified in the Conclusions of the Hearing Examiner should be applied to assure the proposal is consistent with city ordinances. Dated this 20th day of September, 1989 . THEODORE PAUL HUNTER Hearing Examiner APPEALS FROM HEARING EXAMINER DECISIONS. Request for Reconsideration Any aggrieved person may request a reconsideration within 14 days of of the decision by the Hearing Examiner if either (a) a specific error of fact, law, or judgment can be identified or (b) new evidence is available which was not available at the time of the hearing. Reconsideration requests should be addressed to: Hearing Examiner, 220 Fourth Avenue S. , Kent, WA 98032. Reconsiderations are answered in writing by the Hearing Examiner. -- 11 Hearing Examiner Recommendation Dover Place #SU-89-2 and #PUD-89-1 - Notice of Right to Appeal The decision of the Hearing Examiner is final unless a written appeal to the Council is filed by a party within 14 days of the decision. The appeal must be filed with the City Clerk. Usually, new information cannot be raised on appeal. All relevant information and arguments should be presented at the public hearing before the City Council . A recommendation by the Hearing Examiner to the City Council can also be appealed. A recommendation is sent to the City Council for a final decision; however, a public hearing is not held unless an appeal is filed. 12 CITY OF KENT planning. 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O `.a < ti w ST Jt<t�.239t PL 240' ST APPLICATION Name Dover Place LEGEND Number #SU-89-2 Dale September 6, 1929 application site RegueSt PrPliminary Plat zoning boundary -•—� city limits VICINITY MAP SCALE = r = IDDD .CITY. OF KENT planning.. 20 �`\ a . ,\ -t 16 is ` ` SA0 1\4 \LJ'�\ 23 I 1 � 1 I I I \N6.tr \ 24 13 \ 1 0 \ \ 2 2527 10 1,2 3 32 8 II I OFcN �) , ' . 1 Q I I b3 ' <33.7C=� 34 \ \ I � ii I \ 1. I \2 tY 1°wm.,, 38 .1 9io-r 37 .' yoa.r, 3Lo t Hyer a �P 4 �l \ Sk F`\ atl•N'N W I i » is, t i I mr\ \t .. f I xo �.6 N I I 24 v S.E. 223th Street APPLICATION Name Dover Place LEGEND t Number 111-81-1 Date September 6, 1989 application site zoning houndary RegneSt Preliminary Plat city limits SITE PLAN SCALE = No scale CITY OF KENT planning. C� rt 1 _ - F3 • \\ Ji ,wad;, i 1 it ` _ . � � , �� �a?�',,- •� r u. ;. � emu' { _ ��,". � .,. .; Joy �;j... �\\�� �� Yp4`�v.�� rt �, '' - �Iv� �• ` L z o . n Ll yg5 4:. . \ 1 MRG APPLICATION Name Dover Place LEGEND Number #SU-89-2 Date September 6. 1989 °•: application site Request Preliminary Plat zoning boundary �■�■■ City limits TOPOGRAPHY/ZONING MAP SCALE = r = 400 HEARING EXAMINER MINUTES ~~ September 6, 1989 The public hearing of the Kent Hearing Examiner was called to order by the presiding ' officer, Ted Hunter, Hearing Examiner, on Wednesday, September 61 1989 at 7 :00 P.M. in the Kent City Hall, Council Chambers. Mr. Hunter 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 and agendas were available by the door. Mr. Hunter briefly described the sequence and procedure of the hearing. Each person presenting testimony was sworn in by Mr. Hunter prior to giving testimony. DOVER PLACE Preliminary Plat and Planned Unit Development #SU-89-2 AND #PUD-89-1 A request by CamWest Development, Inc. , PO Box 308, Kirkland, WA 98083-0308, for preliminary subdivision approval in conjunction with a Planned Unit Development (PUD) for a 39-lot residential subdivision with associated open space. The property is located north of the intersection of 103rd Avenue SE and SE 228th Street and abuts a portion of the west side of 104th Avenue SE and is 7 . 6 acres in size. VERBATIM TRANSCRIPT Ted Hunter: Do you swear, affirm to tell the truth and the whole truth in this matter? Carol Proud: I do. Hunter: Please proceed. Proud: For the record. . . for the record my name is Carol Proud and I represent the Kent Planning Department. I would like to begin the hearing by noting a correction to the staff report. . .on page 20, Item 7 , where they discuss City staff recommendation, it should read the City staff recommends approval of the proposed 39-lot subdivision and planned unit development subject to the following conditions. . . it says 17 . Can everybody hear me o.k? Right, that should say 39. O.K. For tonight' s presentation I will give a brief overview of the proposal including a video of the site and discuss the proposal in light of the Kent Subdivision Code. I will then turn the hearing over. . .or the presentation over to Stephen Clifton who will discuss the 1 Hearing Examiner Minutes September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 proposal in light of the city's Comprehensive Plan and the Planned Unit Development Ordinance. The proposal is to provide. . .subdivide a 7.6 acre site into 39 residential lots and a separate tract for open space. The size of the proposed lots will vary between 4 ,500 and 5, 000 square feet. The tract of open space, as proposed, will total 2 . 5 acres or 36. 6 percent of the site. The tract will include areas of natural vegetation, formal landscaping and approximately 33, 000 square feet of active recreational area. A minimum 30 feet wide landscape buffer will be provided around the perimeter of the site. Approximately 1, 200 linear feet of private roadway terminating at two separate cul-de-sacs will be constructed for the project. A parking area for 12 vehicles is proposed at the center of the northern cul-de-sac approximately here. The resulting planned unit development will provide for 39 single-family houses at an overall density of five units per acre. As you can see the property has an 1-shape configuration and is located north of the intersection of 103rd Avenue SE, just approximately here. And, southeast 228th and abuts a portion of the west side of 104th Avenue SE. I would like to apologize for our maps, they don't include. . .they were made before the subdivision to the south and the resultant roads were in, so you can't see that there is in fact 228th Street extends to the west from 104th and meanders down to 98th Avenue S. The subject property is located at the northeast corner of the R1- 9 . 6, Single Family Residential , zoning district that extends west to 98th Avenue S and south to approximately 203rd Street. Land use in the area is best described as transitional. Some rural single family residential development is located north and west of the subject property. The area east of 104th Avenue SE is all King County and is more densely development with single-family residences that are on smaller lots and part of larger subdivisions. Directly south of the site is the Brier Lane Subdivision. An apartment complex with related parking areas is located northeast of the site along this curve here further north on 104th Avenue SE. Now I have a brief video this site. And I apologize to the public, we only have this smaller tv set here, this is primarily for the view of the Hearing Examiner so I 'm sure most of you live out there and are pretty familiar with the site anyway. (Video shown Tape 1-217-290. ) 2 Hearing Examiner Minutes September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 A brief history of the site. The site is located at the northern boundary of the recent 142-acre East Hill Well Annexation Area I which was incorporated into the City in 1987. Annexation of the area occurred as a result of local residents needing to obtain water from the City. After much deliberation by the City Council and the community, the annexed area. . .the annexation area was predominantly zoned R1-9 . 6, Single Family Residential. Review of City and County maps indicate that quite a bit of subdivision activity has occurred in the area prior to annexation. Most of the subdivision activity has occurred directly east of the site at 104th Avenue SE and south of the subject property. . . in through here. . .the Brier Lane subdivision as well as other plats in the vicinity developed in King County prior to annexation. King County permits a lot averaging system that allows for a variety of lot sizes. For this reason, some of the lots may be less than the 7, 200 square foot minimum required under the City of Kent standards. The proposed plat is in general conformance with the regulations of the Subdivision Code. The private road system will be developed to Code standards including curbs and sidewalks and except for the width of the pavement which will be less than the required 26 feet, the proposed 22 feet is consistent with the standards specified in the PUD Ordinance. Because of safety concerns with regard to fire vehicle access, no on-street parking will be permitted in the subdivision. Each lot must provide on-site parking for a minimum of two vehicles as specified in the Kent Zoning Code. All proposed sewers, water mains and other utilities will comply with applicable City requirements. The configuration of proposed Lot 36 which is where the existing house and barn is located must be redesigned to accommodate access from the private road and not 104th Avenue SE. This is at the request of the Washington State Department of Transportation as well as the Public Works Department requirements. Because of a required easement to widen 104th Avenue SE, approximately 660 square feet will be removed from the proposed tract of open space which is located here. . .and around. Preliminary review indicates that the size of that main tract will be 35. 1 percent which meets the minimum requirement for a PUD. The exact dimensions must be specified on the final plat. The proposed PUD, in effect, is a binding site plan and no lot will be permitted to be sold separately from the resultant subdivision. Language to this effect must be included in the covenants, conditions and restrictions for 3 Hearing Examiner Minutes September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 the PUD. Also the proposed plat must receive approval and recorded with King County Department of Records prior to any construction activities on the site. I will now turn the podium over to Stephen Clifton who will discuss the project in light of the City' s Comprehensive Plan and the PUD Ordinance. Hunter: Do you swear, affirm to tell the truth and the whole truth in the testimony you're about to give? Stephen Clifton: I do. My name is Stephen Clifton, I 'm with the -Cent Planning Department and I 'm here to present the Planned Unit Development portion of this project. Before I start, on August 14 , we did receive a petition from neighbors which live within the vicinity of the site and I would like to present that to you at this time. All signatures are opposing the PUD. Hunter: We' ll receive that. I believe there is a copy already in the file. This has a different notation on the top--it has an address, so we' ll receive it as Exhibit I. Clifton: O.K. During my presentation I will be discussing primarily three aspects of a planned unit development. First, I will be talking about the PUD and the analysis under the Comprehensive and East Hill Plans and the elements of those Plans and how the PUD relates to those elements. I next will be discussing the PUD density bonus system and how the applicant's achieve an increase in units and following that I will discuss the criteria which is used by the Hearing Examiner to evaluate the PUD proposal. The Comprehensive Plan Map designates the subject property as SF, Single Family. Under the Housing Element of the Comprehensive Plan, Policy 8 , it states that, "To encourage the use of clustering, zero lot line, planned unit developments and other site planning techniques to improve the quality of the developments. " Our finding is that a revised planned unit development ordinance became effective in October of 1988 and using regulations of the existing PUD Ordinance, the proposed plan contains 35 percent of the site for common open space of which ten percent is dedicated for passive use, ten percent for active recreation and 15 percent is preserved for native vegetation. Under standard R1-9 . 6 zoning, common open space and requiring areas for active and passive open space is not a requirement. Also, under R1-9 . 6 zoning if you were to achieve or figure out a way to get 39 homes on 9.6 zoning it would also require that also one additional acreage be obtained to 4 M. Hearing Examiner Minutes w September 61 1989 7 : 00 pm Verbatim Transcript Dover Place #kSU-89-2/PUD-89-1 create the same amount of homes that are being created on this site here. Goal 3 is to assure an adequate supply of housing units offering a diversity of size, densities, age, style and costs. The proposed project will provide 39 additional single-family homes for the City of Kent and currently there's a two to one proportion in favor of multifamily versus single-family and it is the City's intent to try to balance out this perceived imbalance and we've had a lot of . citizen concern with trying to increase the amount of single- family homes which are being developed in Kent because multifamily out numbers single-family currently two to one. T he size of the homes will also add to the mix of housing types within the community. Under the Circulation Element, the Overall Goal is to establish a balanced, safe and efficient transportation system for all modes of travel . The PUD allows applicants to modify pavement widths of the two-way street upon review and approval of the Kent Fire Chief and the Traffic Engineer. The proposed width of the road in this. . . in for this PUD development is 22 feet. The applicants ' are able to reduce it to 22 feet by not allowing on-street parking. The Kent Fire Department does have concern regarding the access to the homes and the applicant has held several meetings with representatives of the Fire Department and Z would like to submit a letter which was sent to the Lt. Mike Evans of the Fire Department in which the Fire Department and the applicants negotiated terms for making sure the site will be safe. Hunter: Letter dated August 30 . Exhibit 2--3? Clifton: Under the Land Use Plan, the map designates the subject property as SF6, Single-Family or 4 to 6 units per acre. This designation represents the highest single-family residential density. The minimum lot sizes of the underlying zoning do not apply in a PUD. Thus, allowing lots to be less than the 9, 600 square foot size. The overall density of the development is approximately 5 units per acre as mentioned earlier which falls within the SF6 density designation. For the Planned Unit Bonus Density standards, a planned unit development, the density of residential development for PUD' S is based on the gross density of the underlying zoning district. The Hearing Examiner may recommend a dwelling unit density up to 20 percent greater than permitted by the underlying zone upon findings 5 Hearing Examiner Minutes September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 and conclusions that the amenities or design features which promote the purpose of this section are provided. Density Bonus Standards have been met, include: 1) open space--four percent density bonus can be authorized if at least ten percent of the site is concentrated for passive use. This would include area around the perimeter between the lots and the property lines as well as the corners of the sites. The Kent Planning Department felt it necessary to assure that Tract B be retained as open space thus the following condition should be applied to the final subdivision: The final subdivision linen shall bear a notation stating that Tract B which is that area surrounding the perimeter of the lots between the lots and the property line, be retained as permanent open space and shall not be further subdivided. Open space along the southern property line consists mainly of tall grasses and weeds and the landscape plan for Dover Place shows that the applicant proposes to plant conifers or evergreen trees along this. . .the southern strip and also along the western strip along 104th, thus creating an evergreen screen between the development and the homes to the south and 104th Avenue to the west. The second Bonus Density Standard is for active recreation area. A four percent density bonus can also be authorized if at least ten percent of the site is utilized for active recreational purposes. This includes, but is not limited to, jogging, walking, pools, play areas--children play areas and according to the site plan, ten percent or nearly three-quarters of an acre has been designated for active recreation. You can see that in the center of the site and that 's approximately around 3, 000 square feet. Incidentally the area surrounding or between the property line as outlined in green is all the open space they are proposing for the site. To ensure that the residents moving into the earlier constructed homes have this open space for their uses, the following conditions should be applied. The Planning Department felt that the active open recreation area should be constructed and useable upon completion of 50 percent of the homes within the planned unit development. In addition to that, lawn area should be planted using typical lawn planting methods. This would be seed, sod, five-way top soil and irrigation to ensure that the active open space does remain green. The active open recreation area should also be permanently maintained by the Home Owner's Association and a maintenance agreement to this affect should be included in the conditions, covenants and restrictions for the project. 6 Hearing Examiner Minutes September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 The third Bonus Density Standard the applicants' were able to achieve is a four percent bonus density which can be authorized if at least 15 percent of the native vegetation on the site is left undisturbed in large open areas. This would also include the areas between the property and the parcels and would also include the corners and primarily along the western side of the property, northern and northeast corner. There's significant stands of trees which the applicant proposes to retain and those will be located within that 30-foot buffer. To assure that this native vegetation is left undisturbed during construction and primarily retained as native vegetation, the Planning Department felt it necessary to apply two additional conditions and the first would be that no construction practices of any kind take place within the area designated to be retained as native vegetation. This includes such things as vehicular moving, material storage, etc. The conditions, covenants and restrictions for the proposed project shall require that the proposed native vegetation areas be designated as permanent and left as native vegetation and the Planning Department also felt it necessary to place in the CCR's that no voting majority of any organized Home Owner's Association be able to compromise or nullify the conditions of the PUD should it be approved. An additional Density Bonus Standard would be the use of a Project Planning Management Team which would include architects, landscape architects, engineers. . . it has been found that through the use of teams like this, developments typically turn out to be of higher quality. The underlying zoning for the subject property allows 34 .48 units. The applicants ' have fulfilled four of seven requirements; therefore, 14 percent density bonus can be granted. This increase would allow an additional 4 . 84 units or approximately 5 units resulting in the development potential of 39 units. In addition to the Density Bonus Standards, the Hearing Examiner also determines whether to grant, deny or question an application for a planned unit development based on several criteria. The first would be that the proposed PUD shall have a beneficial effect upon the community and users of the development which would not normally be achieved by traditional lot-by-lot development and shall not be detrimental to existing or potential surrounding land uses as defined by the Comprehensive Plan. Under standard R1-9. 6 zoning, common open space and required areas for active and passive recreation is not a requirement as mentioned earlier. A sports Hearing Examiner Minutes September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 court and open lawn area has been proposed to serve the residents of the development. This would be located in the center of the site. Standard subdivision regulations also do not require this type of amenity. The second criteria would be unusual environmental features of the site will be preserved, maintained and incorporated into the design and benefit the development and the community. No real unusual environmental features exist on this site. The site is covered in some areas along the west and the north of the site with conifers and the remainder of the site is primarily grasses and sage. The areas designated to be retained as native vegetation includes the area around the perimeter between the proposed lots and property lines. As mentioned above, in a typical subdivision application of 9 . 6 zoning percentage requirements for retaining natural vegetation do not exist. Using a typical 9 ,600 square foot lot layout a higher percentage of trees may be removed than the proposed PUD application. The third criteria is that the proposed PUD shall not. . .shall promote variety and innovation in site and building design. Buildings in groups shall be related by common materials and roof styles but contrast shall be provided throughout the site by the use of architectural detailing, building scale and orientation. As mentioned previously, the proposed project will provide 39 additional homes. The sizes of these homes ranges anywhere from 1, 222 square feet to approximately 910 square feet. These homes will be one and two stories in height and the applicant has stated that as many as five different housing plans will be constructed within the development. A few of these plans can be seen on the walls over here if anyone would care to take a look at those after the meeting. The fourth criteria is that building design be based on the unified design concept particularly when construction would be in phases. The applicant claims that all homes are proposed as single-family structures each with two car garages. Building plans submitted indicates different square footages but overall similarity in style does exist. The applicant also has proposed that these homes will be built one right after the other and starting on one of the ends of the site and moving back. Upon review of the merits of this request and the Code criteria for granting a PUD and preliminary subdivision, the City staff recommends approval of the proposed 17 . . . .39-lot subdivision 8 Hearing Examiner Minutes September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 subject to the conditions listed on pages 20 through 22 of the staff report. Any questions. Hunter: Yeah, a couple of questions on the density bonus aspect dealing with the open. . .active open space. What's the nature of the sports park. . . is that something open to the general public use, you'd think typically, or would it be only for residents in this development? Clifton: The open space as proposed has been proposed for people living in the subdivision. If the applicant is willing to open that up to the surrounding area, that has not been determined at this time. Hunter: There' s no parking provided. . .extra parking spaces for that. . . Clifton: Correct. Hunter: The design team, bonus aspect, where's it indicated. Is in the report, whose on the teams, on the site plan, we have one required from four different professional areas apparently? If you are not familiar with that we can ask the applicant. Clifton: Right. Well, the names can be found on the site plans themselves, the engineering firm, the architectural firm. The landscape plans which were done by Cliff Woolworth and Associates, which is a landscape architectural firm. Hunter: And has there been a parking assessment study submitted to the Planning Department by the applicant? Clifton: Through SEPA review, the applicant has alternatives to conduct surveys or, I believe, submit fees for future projects and our traffic engineers are here tonight who can answer that question if you would like them to. Hunter: O.K. Very good. Thank you, Steve. . . .Stephen. O.K. We ' ll turn now to the applicant. If there's someone here representing the applicant, and is there just one from the applicant that will make a presentation, you, sir? Voice: Actually, I have my traffic engineer and my engineer who will also be making short comments upon parts of the staff report. __ 9 Hearing Examiner Minutes September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place 4SU-89-2/PUD-89-1 Hunter: O.K. , fine. Do you swear, affirm to tell the truth and the whole truth in the testimony you're about to give? Eric Campbell: I do. Hunter: Thank you. Begin by stating your name. Campbell: For the record, I 'm Eric Campbell with CamWest Developments. I would first like to start off. . .I 'm going to turn it over to our traffic engineer, Rory Grundley from the Transpo Group. He' ll address any traffic concerns in regards to Dover Place. Hunter: Sir, if you would raise your right hand. Do you swear, affirm to tell the truth and the whole truth in the testimony you're about to give? Rory Grundley: I do. My name is Rory Grundley. I 'm a licensed professional engineer employed with the firm Transpo Group in Bellevue, Washington. My address 14715 Bel-Red Road, Suite 100, Bellevue 98007 . Hunter: Spell your last name, please? Grundley: G-R-U-N-D-L-E-Y. I would like to submit to the record my professional resume and that of my firm. Hunter: Marked as Exhibit 4 . Grundley: We were hired by the applicant to review the off-site traffic impacts of the proposed development. Done this according to both local and national standards for reviewing traffic impacts. The first step of this process was to conduct the traffic generation of a proposed site, given the 39 proposed houses that is estimated to generate 390 daily trips on an average week day. Of those 390 trips, 39 of those would occur during the peak hour. Excuse me. Of those 39 peak hour trips, 25 would be in-bound to the development and 14 would be out. Based on traffic patterns observed in the area, we've assigned these trips to the roadway system. Essentially this assignment and distribution pattern routed 50 percent of the proposed development trips north on 104th Avenue, 15 percent to the south and 35 percent west on 228th, out towards 104th and then down towards 240th. Existing p.m. peak hour counts also conducted at 10 Hearing Examiner Minutes September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 the intersections of 228th and 104th Avenue SE as well as the intersection of 103rd and 228th. Counts were conducted during middle of August this year. As you can see from the figure, assigning the 39 trips throughout the roadway shows that seven of them will be turning north on Benson Road, two of them will be outbound turning south; the opposing movements, twelve will be coming southbound on Benson turning onto 228th and four will be coming northbound out towards. . .on 228th towards 104th Avenue; five will be turning left from the development while nine will be turning in. Again, this is during the peak hour which typically occurs between 5 and 6 p.m. During the morning peak hours, the movements will in essence be reversed; however, the traffic volumes will somewhat lower than the 39 trips. Superimposing the project traffic trips onto the existing counts there were conducted shows these turning movements. These turning movements again are just taken on one day and so they can reflect somewhere in the neighborhood of a ten percent variation just in daily traffic. However, for general purposes it's typically accepted that through the methods of analysis that the analysis results are fairly accurate through this methodology. Conducting a level of service analysis which considers such things as roadway geometry, traffic flow conditions, traffic volumes, lane widths, etc. , the congestion levels can be rated. Congestion levels range from level of service A which is very good and indicate very little delay to level of service E which indicates that the intersections are approaching capacity and level of service F which generally indicates the intersection is operating above capacity or experiences extreme delay. Conducting a level of service analysis reduced to intersection with the project traffic added results in the level of service A for the project driveway access at 103rd and level of service D at the 228th and 104th Avenue. Generally, the accepted levels within the City of Kent are level of service D, excuse me, level of service E and F with anything level of service D or above being acceptable. For an unsignalized intersection, level of service D as that occurred at 104th and 228th, is generally considered very good during peak hour conditions. Those levels of service, that is level of service D is only representative of the side street traffic. The through traffic on 104th is still at level of service A conditions. "" 11 Hearing Examiner Minutes September 6, 1989 7: 00 pm - Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 Based on these analyses we find that there is really no significant adverse impacts to surrounding off-site roadway system. The 39 trips during the peak hour results in just over one vehicle every two minutes occurring on the roadway system. These results are in line with those found by the city of Kent during their review and as outlined in the Determination of Nonsignificance. Addressing the three concerns that the City imposed for mitigation upon the development, the City required that the developers shall conduct a traffic study to identify the off-site traffic impacts to the City of Kent road network. In lieu of this study, the developer shall execute an environmental mitigation agreement for future contribution to the South 224/228th Corridor Improvement Project with this contribution estimated to equal $41, 964. This is actually calculated by the 39 trips times $1,076 for each p.m. peak hour trip. As our study shows there' s really no significant level of service threshold that would require such contribution. However, in light of the impending traffic conditions out there we feel that this requirement is reasonable to expect developers to fund future roadway improvements. However, the percentage of traffic that would actually be using such 224th or 228th corridor improvement would in essence only be the 50 percent that deflected to the north and the 35 percent to the south. The 224th/228th corridor project, in essence, just allows for future planning of some type of east/west corridor somewhere in the range of neighborhood 224th and 228th to carry traffic both from the East Hill and down to 167 and back up across the West Hill. With that in light, only the 50 percent that' s directed towards the north and the 35 percent that may be going down 240th would be using that corridor; therefore, the total is only 85 percent of the 39 trips assigned to the roadway system. That 85 percent equals 33 peak hour trips at $1, 076 per peak hour trip, the contribution would, in essence, then total $35, 508. The funding strategy of this type of future improvement would need to be negotiated between the developer and the City. Typically, these types of operations are some type of encumbrance attached to the actual lots sales and titles themselves for the future improvements. That or the lump sum could be made in advance. The City also required that the developer execute an agreement with the City for future financial participation and construction of a traffic signal at the intersection of 228th and SR 515 (104th Avenue/Benson Road) whichever you would like to refer to it as, when, if, the signal warrants are met and the signal determined as 12 Hearing Examiner Minutes September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 necessary by the City' s traffic division. We feel this is a reasonable request but it should be noted that the existing traffic volumes on 228th Street are far below what would be required for this intersection to met National signal warrant standards. Even the traffic forecast for the year 2010 which were developed as part of the EIS for the 515 widening, they do not show sufficient volumes on 228th to warrant the signal installation. The developer is also required to dedicate a portion of right of way along the frontage of 104th to DOT for future roadway improvements along 515. The City, excuse me, DOT policy to date has been to establish 100 total width right of way along their state highways. Presently, the right-of-way width totals 60 feet, 30 feet on either side of the centerline. This would, therefore, require an additional 20 feet dedication to the DOT. We've briefly looked at varying access alternatives to the development other than the 103rd Avenue access. However, we found that the 103rd Avenue access is probably the best viable location. Based on our analysis and review and conversations with Mr. Richard Arst of the Land Development Unit of DOT, we've basically come to the following conclusions. That DOT would not like to have any additional access points located along SR 515. The more numerous the access points along a major arterial, the farther reduced the carrying capacity of that roadway becomes. Additional, additional access points along 515 will create additional hazards by increasing the number of intersection conflict points. Should access be required to 104th directly from the project site, it should be located somewhere at least 250 feet north of the 228th intersection and preferably with. . .as an intersection it should be located something in the neighborhood of 500 feet. This would put it in the location that is less than 250 feet south of the 226th Street intersection that tees off to the east. Therefore, the DOT would require that the project access be aligned with the 226th Street access so as to not create an off- set intersection. However, to align that intersection is not within the property rights of the development and, therefore, it's really not a viable location. Additionally, moving the access farther to the north, really hinders the available intersections site distance coming around the reverse corner of, I 'm sure all the surrounding residents are aware of. The DOT is, at this point, just gearing up for construction to widen 104th Avenue or SR 515 to a five-lane cross- section and straightening out these curves slightly is. . . includes 13 Hearing Examiner Minutes September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place 4SU-89-2/PUD-89-1 as part of the project and that will help the site distance along these intersection. Along. . .through the s-curve. However, an intersection site distance along there would drastically be impeded. Additionally 103rd Avenue has already been platted and constructed as part of the Brier Lane development with the intent of providing future access to this parcel. Therefore, we come to the conclusion that the 103rd access would not create any significant adverse impacts and, therefore, should be the preferred access alternative. I would like to submit also for the record a letter of today's date addressed to Mr. Eric Campbell that in essence summarizes the conclusions of our report. Hunter: O.K. Exhibit 5. Grundley: That will conclude my presentation unless you have any questions. Hunter: No, no questions. Thank you very much. Further testimony from applicant? Campbell: Yes, from my own testimony. Basically, . . . Hunter: You want to restate your name? Campbell: O.K. Name' s Eric Campbell. I 'm with CamWest Developments, Inc. O.K. Dover Place has been a combination of efforts between CamWest Development, Inc. , City of Kent and numerous other agencies and firms to create a development that not only meets the minimum requirements of the Planned Unit Development but exceeds them with site design and layout. Dover Place should be approved for the following reasons: Firstly, Dover Place meets the goals, objectives and policies set forth by the City of Kent. Second, Dover Place by being a Planned Unit Development has a beneficial affect upon the community and the users of the developer which would not normally be achieved by traditional lot-by-lot development. Thirdly, Dover Place promotes variety and innovation in site and building design. And, lastly, Dover Place is within a density allotment as stated by the Comprehensive Plan for the area. The first reason that Dover Place should be approved is that Dover Place meets the goals, objectives and policies set forth by the City of Kent and stated in the Comprehensive Plan. Throughout the 14 Hearing Examiner Minutes w September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 last year the City of Kent through the directive of the Council has encouraged Planned Unit Developments within its boundaries. The reasons why the City of Kent has set forth this request are numerous. One of the most significant reasons is the City's desire to create an opportunity for more single-family development and to balance a growing multifamily units in the City of Kent. This PUD serves as a mechanism to bolster single-family housing stock as well as enhancement in the community of Kent. As first stated by the City of Kent, it' s expression for a Planned Unit Development was by passing the Resolution 1172 on" July 5, 1988. Resolution 1172 passed by the City Council specifically asked the Planning Department to conduct a study and update the Housing Element of the City Comprehensive Plan. Part C of Section 2 of the Resolution specifically requested the study to explore ways to encourage new single-family residential development and to maintain existing neighborhoods. Further, Section 4 of Resolution 1172 asked the Planning Department to present to the Council revisions of the Planned Unit Development ordinance in order to encourage and increase the applications of planned unit developments. This Resolution demonstrates the desire of the Council and the Mayor in increasing the opportunity for single-family development within the City of Kent and especially a Planned Unit Development. Dover Place is a result of this policy put forth by the City of Kent. The Planned Unit Development is reaffirmed by the Comprehensive Plan for the City of Kent which encourages Planned Unit Development and innovative site planning that is permitted by the PUD that a traditional subdivision does not allow. The Comprehensive Plan first states this in the overall goal as I quote, the overall goal for the Housing Element for the Comprehensive Plan is: "Assure a decent home and a suitable living environment for families desiring to live in Kent. " Specifically, Policy 8 states: "Encourage the use of clustering, zero lot line, planned unit development and other site planning techniques to improve the quality of developments. " Dover Place follows this policy exactly by using Planned Unit Development Ordinance #2802 passed by the City on September 6, 1988. The important aspect of this policy is the word "Quality" and that is what Dover Place provides. Not only for it's potential users but for the community of Kent. Quality is the use of open space, preservation of native vegetation and thoughtful design that benefits the public. Dover Place uses all these elements to create a living environment that will set the standard of how innovative design can maximize neighborhood appeal. 15 Hearing Examiner Minutes September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 Goal 3 of the Comprehensive Plan in the Housing Element states: "Assure adequate and balanced supply of housing units offering a diversity of size, density, age, style and cost. " Policy 4 of this Goal states: "Encourage creative approaches to housing design and development. " Dover place not only adds to the greatly needed single-family residences in the City of Kent but also does a creative approach through the PUD process. The PUD offers amenities not usually found in traditional approach towards development. These amenities not only enhance the development but also increase the value of the neighborhood. In the Comprehensive Plan, Goal 4 of the Housing Element also states: "Assure environmental quality in residential developments. " Objective 1 of this Goal is: Preserve and maintain as much of the natural environment as possible, " and Objective 2 is "Provide open green areas in the City's residential neighborhoods. " The goal and its objectives clearly state a growing trend in trying to plan with environment physically and socially. The importance of trying to preserve as many natural features as possible and also creating an environment that is conducive to the community. Dover Place by being a planned unit development allows this goal and objectives to be met. Dover Place by having 35 percent open space fulfills both objectives. Of the. . . it provides, Dover Place, 15 percent retention of native vegetation area and also ten percent of the site to active recreation area. To underscore this fact, numerous local governments are trying to protect and enhance as many of these features as possible as evidenced by King County's open space bond issue, the City of Kent' s high priority of creating as many park areas as possible. The second reason why Dover Place should be approved is by Dover Place being a planned unit development has beneficial effect on the community and users of the development which would not normally be achieved by traditional lot-by-lot development. The reasons why Dover Place has a beneficial effect are first, the buffer around Dover Place. The buffer around Dover Place is a unique feature that is rarely seen in single-family development. The buffer is multipurpose in its function. Not only does it serve as a green belt for the proposed homes in Dover Place but also minimizes the impact of Dover Place on surrounding neighbors. A typical subdivision could create a situation where there is as little as eight feet separating a home and the backyard of a neighboring yard. But Dover Place by providing a buffer of 30 feet for the southern boundary of the property, the neighbors of Brier Lane 16 Hearing Examiner Minutes September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 receive a permanent green belt that numerous homeowners throughout the region are paying a premium to obtain. Also to combine with this buffer Dover Place shall have evergreen screen along the southern boundary of the property. This decision was made from input I gained by concerned citizens that attended an informational meeting on June 29, 1989 . There is no part of the planned unit development ordinance that mandates this type of land plan design. This is simply good planning that not only benefits the homeowners of Dover Place but also the surrounding community. The second benefit of the PUD is that Dover Place not only benefits the potential homeowners of the site but the community of Kent because over the 35 percent of the site is retained as open space. This is significant when compared to the traditional lot-by-lot development that usually provides no open space whatsoever. This 35 percent open space shows how the planned unit development adheres to the policy set forth by the city in assuring an environmental quality in residential development. The third benefit of Dover Place is that Dover Place provides an active recreation area. The active area will serve as a visual, social point for the development. The active recreation space serves as an opportunity for the potential homeowners to gather for social and recreational activities. This is especially important fact in considering children, the necessity to provide them of opportunity to play in an area that is safe from traffic. In the proposal for the Housing Element update prepared by the Kent Planning Department in January of 1989, report states, and I quote: "Open green area also increases the quality of life for City residents. " The open space provides recreational opportunities, a meeting place for the neighborhood and natural vegetative buffer which filters air and water impurities and provides visual character. The fourth benefit of the PUD is the retention of native vegetation. Fifteen percent of the site is retained for native vegetation. Not only does this benefit Dover Place but the City of Kent as a whole. There is a larger amount of trees retained in a planned unit development than a typical subdivision. This is significant because of the importance that has been placed in preserving as many trees as possible. In the proposal for the Housing Element of the Comprehensive Plan the proposal states, and I quote: "The value of trees in residential development has been "` 17 Hearing Examiner Minutes September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 continually stressed by Kent residents. " Trees provide visual barriers, stabilize the soil and guard against soil erosion, monitoring flooding, and increase human comfort through service as windbreaks. Trees moderate temperature, providing shade and canopy against rain and reduced noise levels, glare and reflection. So simply put, saving as many trees as possible is an important goal for the benefit of the citizens of Kent. Dover Place helps Kent meet this goal. The third reason why Dover Place should be approved is that Dover Place promotes a variety and innovation of site and building design. As numerous reasons have already been discussed. Dover Place is innovative in site and building design. By providing open space throughout the development, Dover Place will create a park like atmosphere that benefits the potential homeowners in the community together. The land layout demonstrates how the active open space is designed so it is the focal point of the development. By blending the remaining open space through the development, Dover Place serves as a model of how a planned unit development should be designed. And the fourth reason why Dover Place should be approved is that Dover Place is within the density allotment stated by the Comprehensive Plan for the area. The Comprehensive Plan states that the area should be zoned for 4-6 units per acre. Dover Place is only five units per acre. Also, Dover Place is only single- family homes which is so greatly demanded within the City of Kent. Dover Place is also based upon R1-9 . 6 zoning. It is through the density bonuses that were awarded to Dover Place that the additional 4 . 53 units were gained. In conclusion, Dover Place is able to fill the needs set forth by the City of Kent. First by Dover Place being a planned unit development that Resolution 1172 specifically asked the Kent Planning Department to encourage. Secondly, the City of Kent' s Comprehensive Plan' s Overall Goal is to assure decent homes and suitable living environment for families seeking to live in Kent. Dover Place fulfills this by not only providing 39 new single- family homes but also in a quality development. Thirdly, the Comprehensive Plan encourages the use of planned unit development and encourages creative approaches to housing design. This describes Dover Place perfectly. And lastly, the goal of the City of Kent is to assure environmental quality of residential areas. The goals obtain by Dover Place by providing 15 percent of retention of the site' s native vegetation and a ten percent active 18 "" Hearing Examiner Minutes September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 recreation area. Dover Place is unique in that it enables not only potential homeowners the benefit but also the community by providing retention of 35 percent open space. The long term benefit of Dover Place is significant and that is what we concur with the Planning Department's recommendation for approval of Dover Place. Do you have any questions? Hunter: Are you in concurrence with all of the conditions also recommended? Campbell: I 've just got a couple of issues that I want to bring up. I 'm going to have my engineer, John Newell, bring those up. Hunter: O.K. Thank you. Campbell : O.K. Thank you. Hunter: Do you swear or affirm to tell the truth and the whole truth in the testimony you are about to give? John Newell : I do. My name is John Newell, I represent John R. Newell Inc. , P.S. , we are civil engineers, PO Box 396, Renton, WA 98056. I only have a couple of items to bring up. One of them I will address to the staff. I think there is a statement on page 3 that reads, the proposed PUD is in effect a binding site plan and no lot will be permitted to be sold separately from the resultant subdivision. I would like to ask some clarification because it seems to me that we are doing the PUD in a plat. I 'm sorry. . . It's on page 3 and the proposed. . . Hunter: I understood the question. Let me do it this way, the question can be directed up here and then I will collect them and then we will ask staff at the appropriate time. You're seeking clarification of the statement on page 3, it says the proposed PUD is in effect a binding site plan, and no lot will be permitted to be sold separately from the resultant subdivision. Newell : Correct. Hunter: And we will ask for clarification of what the City staff meant by that. Newell : The other question I have is how to provide biofiltration in treatment of the storm drainage runoff. The site, it would seem to me, that we would be tearing into the 30-foot buffer around 19 Hearing Examiner Minutes September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 there to provide such a. . .such a system. I would like to have the staff consider and the Examiner consider, perhaps, the deletion of that requirement of biofiltration treatment of the storm water runoff. We have acquired easements which we can pipe directly to an existing system and we analyze the downstream capability of that system. Hunter: And the reason that you would ask for a deletion of that requirement? Newell: The reason I would ask for the deletion of the requirement is because we would have to construct that, in my estimation, in the buffered area and since it would be an easement to the City, we would probably be prevented from planting back in the ditch line except grasses and I think that would be a detriment to this development to do such. Hunter: Let me understand what you mean by that, what you are saying is that you can't touch the vegetation? Newell: No, I 'm saying we' ll construct a ditch and typically a biofiltration trench is a very broad, flat ditch. Hunter: O.K. , understood so far. Newell: O.K. , and we plant grasses back in that which we would probably not want to plant trees. Hunter: I 'm with you still . Newell: So, that takes away from the screening effect of a buffered area to the neighbors. Hunter: I see, so you are indicating there might be removal of trees and replaced by grasses. Newell: Certainly, we will have to remove trees, the trench will be 10 to 15 feet wide. And I would like to have some consideration of that design element. And that's, really, I have to offer at this time. Hunter: O.K. , and you' re ref erring. . .and that condition is the one that is noted on page 22 or which one are you. . . Newell: I believe so. 20 Hearing Examiner Minutes September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 Hunter: On-site storm detention is required and water released off-site. Newell: There' s another one that speaks specifically to biofiltration. Page 15. Hunter: I see City staffs recommendation, page 20 through 23 . Oh, I see, you are referring to a condition that was applied at the time of SEPA review, sir? Newell: Yes, yes. Hunter: O.K. , we are not hear to revisit those. We appreciate your input. O.K. , is. . .Stephen or Carol did you want to clarify. . .Carol, clarify the gentleman 's question about that statement on page 3 . Do you want to give a little bit about what that meant? Proud: Again, my name is Carol Proud. I 'm with the Kent Planning Department. I think the purpose of this statement is just simply that no individual lot of this subdivision can be sold separate from the conditions, covenants and restrictions for the plat as a total . So, therefore, say homeowner x twenty years from now doesn't want to buy into the CCR's for the project and wants to go their separate way that, in fact, that lot is a part of the PUD and they can 't do so. O.K. And with regard to the condition for biofiltration, that is, in fact, a condition through the SEPA review process and there' s no appeal and that condition is imposed and there isn't really any way around that at this point in time and I would recommend that the applicant and his engineers work with staff to try to accommodate the biofiltration swale and the required landscaping. Also, the City Engineer is with us tonight and if you have any further questions on how that would work or questions relating specifically to Engineering concerns he's here this evening. Hunter: Very good. Thank you very much. Is there someone here from the City regarding traffic concerns--traffic engineer? Yes, I wonder if we might have you step forward. Do you swear, affirm to tell the truth and the whole truth in the testimony you are about to give? Ed White: I do. w 21 Hearing Examiner Minutes September 61 1989 7 : 00 pm W. Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 Hunter: You're Mr. Ed White? White: White. Yes, I am, Ed White, Assistant Traffic Engineer. Hunter: Just for my information, you heard the testimony from Mr. Grundley regarding traffic impacts and the studies they have conducted for the applicant? White: Yes, I have. Hunter: O.K. , are you in agreement basically with that study or is it too early to tell or what are your thoughts on that? White: Well, I was not furnished a copy or staff was not furnished a copy of the report, so I would like to kind of defer any comments until we've had an opportunity to review thoroughly and determine exactly where his numbers came. It does sound very familiar to me in that the numbers that they were basically using in terms of the trips generated and the assessment fee come from a similar report that I made for the development but I would like to defer until I had an opportunity to see their report before I make any comments. Hunter: So, their report was submitted just today, I guess, it' s date September 6 and you have not had an opportunity to review it. White: That is correct. Hunter: And your testimony about your own studies is that they appear to be consistent but you can't tell until you review the report. White: Correct. Yes, in terms of the trip generation and the assessment fees, those are consistent with the staff recommendations. Hunter: Thank you very much. White: Um hum. Hunter: O.K. , we' ll turn now to public testimony on the project. A few additional people have signed up, we have approximately 20 people signed up to testify. I would like to indicate before we begin this segment of the hearing that I have reviewed the petition that was submitted basically in opposition, I think, to the currently proposed PUD in it' s present form and there are four 22 Hearing Examiner Minutes W September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 reasons on the petition. Just to let you know that I have reviewed it, it' s part of the file even before it was submitted tonight, so I 'm generally familiar with the objections relating to the density, single-family residence density, the substandard roads. . .I 'm quoting from the petition. . .lack of on-street parking, concerns about the parking aspect, emergency vehicle access, the single entrance and exit on SE 228th, concerns about traffic problems and finally, that the proposal with it's limited access and immediate proximity to the only major north/south traffic route on the East Hill is potential for extreme danger in emergency situations. Those are the four reasons that I am sort of paraphrasing and quoting from just to let you know that I 've seen that and what we are interested in hearing are your explanation of other items that should be considered by me before I make a recommendation. So, I will begin in the order that you signed up and, again, if you have questions of City staff, direct them to me, and we'll collect them and at an appropriate time we ' ll ask the appropriate City staff person to respond. If there 's items that you want clarified, similarly the same. . .ask them of me and we'll collect them and then take a break to get a City staff person up to respond. What we are most interested in is testimony relevant to the planned unit development criteria. It' s in the Zoning Code in the preliminary plat criteria in the Subdivision Code, but we are hear to listen to your concerns. So, with that, Betty Hoff is the first on the list? Would you like to step forward, we'll swear each of you in and take your testimony. Do you swear or affirm to tell the truth and the whole truth in the testimony you're about to give. Betty Hoff: I do. Hunter: Please proceed. Hoff: I am Betty Hoff. I am resident of Brier Lane, subdivision south of the recommended PUD and a mother and a member of PTA. I am bringing my concerns for the opposition of the PUD and I have spoke today with the Kent Public School 's District which also has gone on record as saying that they are opposing this. . .the development. . .and a letter has been written to Mr. Harris that I will share a copy of today that goes into much detail and I will share that with you if you would like when I 'm done reading off it. Our children and the children of PUD would be going to East Hill elementary. This is within walking distance of the school, so all the children in the PUD would have to come through our development, down 100th to East Hill elementary. It would be nice if I had a City map but I don't. 23 Hearing Examiner Minutes September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 Hunter: I understand the situation. I 've viewed the site as well as viewing the video tape and the testimony tonight. The letter you are referring is it dated June 20, 1989? Hoff: Right. Hunter: That is a part of the record. It' s a one, two, three page letter. . . Hoff: Right. Hunter: I have reviewed that and I see the points being made. If you want to highlight certain points out of that, that' s fine. Hoff: Part of that was the projected enrollment for East Hill is being 625. As of today, that' s several more, as it states in the paper, on an article written today in the Kent paper, East Hill is well over it' s enrollment projections as well as all the other schools on the hill and at this point, says in the paper, that we have an increase of 794 students or will have by October 1 and that is the capacity of the three new schools which have yet even been finished. So, as of this point, there' s 88 portable buildings being used on our school system. My child is not even at school yet because our school is still under renovation. In the letter it recommends that there be a delay of this development and all others that contribute to the overcrowding until adequate classroom facilities are approved and constructed or contribution by the developer to the school system to off-set the cost of providing temporary facilities for students generated by this development and at, they have broken it down, it would cost approximately $600 per single-family unit that they would be asking for from the developer. The next issue that it seeks. . . it talks about is safety and transportation of these children and that is my mine concern because right now my children are being driven to school because of the safety issues on 100th. One Hundredth is not a safe street for our children to be walking on. There's no sidewalks and towards 100th and James, 240th Street, there was just recently put up the crosswalk which we asked about for over a year ago. We still have not received the lighting situation that was proposed to us over a year ago that would be built when Fred Meyer' s was built on that corner and we don't understand the delays. We have brought our concerns, the PTA last year gave our concerns to the 24 Hearing Examiner Minutes September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 City of Kent stating that we wish sidewalks be in place and there aren't any at this point. We also would recommend bussing but we have not seen that. The development shows no place that there would even be a place for a bus to pull in and get through the development. And, I spoke with them today and they said that a substandard street with a width of 22 feet would impede the operation of handicapped business and this street width would only be acceptable with recorded covenants denying any on-street parking. Well, supposedly that's in place as a homeowner, I know that's not going to be the case. Some visitor is going to come in and block the pathway, if not a homeowner themselves much less the mailman, the garbage man, the UPS truck and anyone else who pulls in there. So, in essence, our handicapped busses will not be able to pull into this place to pick up any handicapped children. The school system has also said they want full sidewalks, both sides of the streets, so children won't have to crossing back and forth across the streets in order to get from one side to the other. That 's also a problem further down in our development. The situation as you come out of Dover Place and onto our _. development is a steep hill and cars can gain several miles per hour just going through that hill so that by the time these children are at the bottom of the hill, the cars are also traveling at excess of 45 miles per hour without a problem. I get that from information last fall when we had the Police Department out in the development radar gunning traffic through there and I asked for a report of that and it said. . . I was told that most cars reach 35 miles per hour before ever coming out of their driveway. So, we get an awful lot of fast traffic through it and we have brought our concerns up to the City. I myself has talked to the City over an accident that happened in the area and was asked what we could do and how many children needed to be hurt before we needed. . .before the City would do anything and I was told 12 children. Seriously, I wish now that I had the name of the person who told me that. I guess I can't emphasize the safety of my children. That in essence is the School Board's stand on this. They wish that they could be here tonight but because of a prior commitment were unable to. Our PTA, our Principal of East Hill also wished she could be here to give her input because she too is opposed to any more children coming into the East Hill school system until they are equipped to handle it. And my other standpoint, I guess, is just as a parent and a mother of all of the kids on the streets out there, I. . .our children are not safe to cross the streets now. And I can't imagine these 25 Hearing Examiner Minutes September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 children being put on our streets. If they are planning on putting a street light on the corner of 240. . .or Benson and 228th, that street light is going to generate more traffic off of Benson through our development to short cut onto 240th. That's a problem now and I can only see it getting worse. My other concern is for the safety of the individuals in the homes of the development. I can't see on-street parking. . .no on-street parking as being legitimate. . . it will not work. And, I have no facts to back it up but it just a gut reaction. We have had homes injured. . .damaged by cars traveling at more speeds than they should be coming through the development and other people out here, I 'm sure, will address that and from experience, I know, that when I have to leave the development and come up to the intersection of Benson and 228th to make a left-hand turn at 4 : 00 in the afternoon, I have sat there for ten minutes without a problem. At 4 : 00, that's not even peak. Hunter• O.K. Hoff: O.K. Hunter: Thank you very much for your testimony. Rudy Hoff? Do you swear, affirm to tell the truth and the whole truth in the testimony you' re about to give? Rudy Hoff: I do. I 'm Rudy Hoff and I reside at 10023 SE 229th Place in Brier Lane. I have some photographs that I would like to present you. I guess I should let my wife do it. But they are photographs of the hill on 228th/229th. This is a hill, a severely steep hill, that cars pick up speed on that they are proposing to put an extra 390 cars a day through. Hunter: Would you like to submit these as an exhibit then, that we have in the file. O.K. Three, four and five photographs which show the hill on 228th. O.K. Exhibit 6 . Hoff: That hill wasn't addressed by the traffic planner. There' s also, as you notice on those photographs, blind spots. Hunter: Do you have any thoughts about what could be done. . .speed bumps help out on that kind of situation or what can you do. Let me. . . let me. You have to wait, we have do this orderly. Hoff: I ' ll concur with my neighbors. 26 Hearing Examiner Minutes September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 Hunter: I heard a response. O.K. , any further concerns that you would like to address? Hoff: Yes. The sports court and recreation area. There is no provision for maintenance of that. Also, nothing was said about garbage pick-up, how do garbage trucks get in and out, the school buses, and the moving vans. Someone that parks on the street, do they have to tow a car before they collect garbage. O.K. and I have something to read here from the Kent Planning Agency staff report on 'this development #SU-89-2/PUD-89-11 according to comment received during the PUD review, the Kent Fire Department feels that the access and parking problems which might be associated with the development creates serious concerns about the department's ability to deliver an adequate level of service to this development. So the Fire Department is saying here that they can't guarantee reasonably the safety of residents of this development. Hunter: You were quoting from the staff report? Hoff: Yes, I am. Hunter: O.K. , fine I just wanted to know which document. . .yes, the staff report for this evening' s hearing. Hoff: And this concern is not addressed in this report other than to say that there be no parking on the streets. It doesn't say anything about enforcement of that. It is an unenforceable law. I would like to contrast that response to the responses given in another planning report for Canterbury Development #SU-89-3 , September 61 1989 . It lists several objectives of the Kent Planning Department with this development. Objective 3 on page 8, coordinate with King County, the Kent School District and the state to develop and implement the community program to assure the safety of students traveling between home and school. That is not addressed in this PUD. On page 9 , the goal and objective support the city' s efforts to accommodate Kent's school district transportation needs and schools have requested that the developer of the Canterbury plat consider providing school bus waiting areas and/or pull-offs to serve the children from the subdivision. This would protect students and others from in the area from possible bus/automobile conflicts. That is not addressed. Goal 3 , establish and maintain the highest feasible level of service for East Hill. The overall goal as stated in the Canterbury report, establish a planned and coordinated system of public facilities and services for East Hill that protects the health, safety and welfare 27 Hearing Examiner Minutes September 6, 1989 7: 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 of the community. That can't be done with this narrow street. Would you like this for evidence. Hunter: I 'm familiar. . .you quoted from the staff report this evening and the Canterbury staff report, I believe, was heard earlier today. So I do have those. Thank you very much for bringing your concerns forward. Dennis D'Eath? Do you swear, affirm to tell the truth and the whole truth in the testimony you're about to give? D'Eath• I do. Hunter: And, if you please, spell your last name and give your address. Our clerk here is trying to keep up with all the testimony. Dennis D'Eath: Dennis D'Eath. D- ' -E-A-T-H. I live at 10220 SE 228th Street. With all these number of people, in coming up to speak, I know I have something here that they don't have. So maybe I 'd better address that and maybe only that because of the numbers. Although I do have one or two comments on what was said. I think it would have been fairer to have had a local traffic expert study the traffic patterns and not one associated with the developer who comes from Bellevue. Because, obviously, peak traffic is not at 6: 00 in the evening on the East Hill, it' s ranging from 4 to 5: 30; 6: 00 is relatively clear. I ' ll remind some of our people here that two streets don't comprise a neighborhood; they represent two streets. The City of Kent has a high priority to provide park areas. We here this described as a park-like structure. I fail to see the park-like--it would be great if the City of Kent was really, really sincere that they would acquire all of this land and make a park for the existing tenants in that area because their kids have no where to go; only play on the street that is a short- cut to Ms. Freddies and James (104th) intersection. O.K. , let me, let me do this. I had no experience of PUD's before I heard about it at the presentation that was made here about a month ago. I was told, oh, yeah, that' s a nice PUD out at Issaquah and I didn't feel like going out to Issaquah not knowing exactly where it was; I had inquired where and, oh it' s right off the freeway, you know, sort of thing. But, I do have a relative of mine who works in real estate in Portland or outside of Portland. Now, they say if you don't observe history you don't repeat it. And, let me show you what I have here and I can it leave it with you. What I did, I went done there and I saw three PUD's. The City of Gresham is about 71, 000 people in that city and it is abutted with the Town 28 Hearing Examiner Minutes September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 of Troutdale which has about 71000. So the people of Troutdale they rent the capability of the Council people, like the planners and the rest of the things. So the planners that they get have experience in Gresham which they apply to the little town of Troutdale. I saw the first PUD that Gresham ever built. And it was built with homes on 4 , 500 to 5, 000 square feet. It was built on, what they term, substandard streets which are 30 feet wide and I have pictures which I hope you would like to see but. . .this was developed incidentally in 1972 , our history. History of PUD's. Hunter: Well, sir, I can indicate that as an exhibit. I do want to caution just from a relevant standpoint. I think the PUD question is very appropriate. Different jurisdictions will have different standards. We 're trying to reference the standards your City Council has adopted. D'Eath: Basically, this was like the one being proposed for here. A small, substandard streets, small lots. The condition of that after seventeen years where the CCR's, the CCR' s, said oh, you can't do this, you can't do that; for instance, no trailer, camper pickup or coach shall be parked or within sight, in actual fact. But, if you look at the pictures, you' ll see. I mean this is for your edification. There has never been another substandard street PUD built in Gresham or in Troutdale. In fact, the experience with this one was so bad that the City of Troutdale with there first one over reacted, they made full-sized streets to them, like 40-foot streets, 40-foot paved that is; not only that, they had no on- street parking, they provided parking slabs in the front of each house and they increased their required lot size for that PUD. But, it was a big PUD, I mean, it wasn't 30 houses it was more like 300 houses. It was a big one. Then they went to their second one which came up in 1983 and that was six years ago. They had dropped back, they said they are going to keep the full-sized streets, we' re going to have on-street parking and we're going to have lot sizes of 4 , 500 to 5, 000 square feet. Which they did, on the back of each one of these sections, I have given you a plat map to show the relationship of the with the surrounds and this one sits right in the middle of two other larger lots, larger home sites. But you can see the difference in the area and the atmosphere here. I would not be adverse, and I understand the City of Kent planners are talking now about having a R1-5. 0 zoning for the City of Kent. I wouldn't be adverse to living in this one, to be honest with you but I sure would be adverse to living in this first one. Their homes set on the market. When they come up for sale, they set on the market from seven to twelve months and when these people go 29 Hearing Examiner Minutes September 6, 1989 7: 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 into a realtor and say I want to sell my home, the realtor says, Why me, God? Direct quote. So, I ' ll leave this with you and it's very obvious, the three different. . . I would like to get it back in time for the appeal. Hunter: O.K. , would you like to have this just for reference or do you want to submit it as an exhibit. D'Eath: I took the photographs, you' ll see me in one of the photographs. So, just to show I was there this weekend and the photographs were taken like at 10: 30/11: 00 on a Sunday. Hunter: O.K. , well, I can. . .we can introduce it as an exhibit and we will enter it as evidence relevant to what PUD' s look like in other areas. All right, sir, thank you for coming. Next would be Irene Bouffard? Do you swear and affirm to tell the truth and the whole truth in the testimony you' re about to give? Irene Bouffard: I do. Hunter: If you will please state your name and spell your last name, please. Bouffard: My name is Irene Bouffard. B-0-U-F-F-A-R-D. For me and my family the major issue against this particular development is the effect it will have on our quality of life. First of all expecting an additional 78 more cars, that's 39 families, that' s just not 39 people moving in, using one small access as their sole entry into the development will cause a severe congestion problem in our neighborhood. One home has already had a car run into the front of it. Adding that many more cars will be very dangerous to all the children we have living in Brier Lane. Secondly, the lack of ample visitor parking and the lack of concern by the commission about it. There is to be no parking on the street at any time. How can the developers expect 39 families to have only 12 visitors in their complex at one time. Are they assuming that the overflow will park in Brier Lane and walk in. I doubt if that will be the norm. Most people want to walk as little distance as possible when it comes to parking their car and if they do use our streets for guest parking this overflow will definitely congest our neighborhood. Even the Kent Fire Department is very concerned about it. Their suggestion is to install sprinklers in the units. This may help in case of a fire, but what about the person who may a victim of a heart attack or choking where seconds count. Sprinklers won't save their lives. All it will take is one car 30 Hearing Examiner Minutes September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 parked on the street one time for a tragedy to occur. I speak from the experience of living in a PUD, no amount of CCR's will make everyone obey the rules all the time. And the by-yearly letter of reminding that no parking is allowed on the street at any time, that's once every two years, not twice a year which is more appropriate. How many times has the thought. . .I 'm just running in for a minute. . . it's happened to all of us. . .we'll just run in for a minute. My other major concern is the already overcrowded situation in the area schools. The superintendent of Kent's school district stated in his letter that they do not have room for the children that will be generated by this development. This directly affects the quality of education my three children will get for years to come. My son's sixth grade class will have 41 kids in it when they start tomorrow. This is unacceptable. How far will it go before the City of Kent realizes that real limits have to be set on growth. When schools can't keep other than other services must be suffering also. Crime will increase and instead of a beautiful city that we now have, things will start to deteriorate. It happens quickly. When we moved to the area we choose Kent as the place we wanted our children to grow up. Brier Lane for it' s peacefulness. We did not choose to live with overcrowding, traffic, speeding cars, noise and overburden teachers. Hunter: Thank you. Koorosh Kharrazi? O.K. Thank you, sir. Ismael Melendez? Ismael Melendez: O.K. I live at 10004 SE 229th, my house is the last house on the right when you go through the development, all the way to the left. Hunter: I ' ll swear you in. Do you swear and affirm to tell the truth and the whole truth in the testimony you're about to give? Melendez : Yes, I do. Hunter: Please state your name. Melendez : My name is Ismael Melendez. I live at 10004 SE 229th Place. Last house on the right, by the stop sign. I 've lived in the house three years now and I 've seen increase in traffic go up and down 100th Avenue and some people think it's a raceway. I 've seen kids walk down that Avenue, I 've seen them come around the. . .go through the development like a bat out of hell. My primary concern is the safety. I lived where. . .I grew up in New York City where we had substantially wider streets. I lived on a 31 Hearing Examiner Minutes September 61 1989 7: 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 streets that' s about the width from here to that partition right there and we had a (unclear) building that I lived in. If you want chaos, have two or three fire trucks parked out in front of your place of residence and see if you don't have problems getting people in and out of places. You know, we hear of all the benefits we've been hearing about how Dover Place is going to give us benefits. I haven't seen any benefits, all I 've seen is major inconveniences, major congestion. You know, if they want, they glorify the open space park. I have an open space, it's called my back yard and that' s where my children can play. If they can't play out. . .and I don't have any children. . .I 'm concerned because I 've seen people walk down the streets and these cars just go shooting by our neighbor. You know, if I sound angry, it' s not my intent because all I hear from the developers is that they are meeting the goals and objectives of the City of Kent. We are the City of Kent. We put these people up in their jobs and if they are not meeting our objectives and goals, then they should be changed as well. I think, as far as this buffer line is concerned, that Mr. Campbell has addressed to the trees up on Benson Road, what good are those buffer trees are going to be when they expand the road to five lanes and the traffic continues to come down through there. Ms. Bouffard who just addressed the fact that, yes, we have a lot of cars. Twelve cars are not going to park in the 39 development off the street. They are going to park out down Brier Lane and someone' s going to get seriously hurt. That ' s about all I have to say at this point. Thank you. Hunter: Thank you, sir. Richard French? Do you swear and affirm to tell the truth and the whole truth in the testimony you' re about to give? Richard French: I do. My name is Richard French. I live at 22823 103rd Avenue SE in the Brier Lane neighborhood. I don't have a prepared statement to make. But, I 've lived in Brier Lane neighborhood for about two years now and I know what the area there is like. It' s a nice neighborhood, it has character and quality with the exception of 228th Street which is a fairly dangerous thoroughfare. I think it's in the best interest of the City of Kent to protect the character and quality of the neighborhood. I don't feel that putting in a high density PUD is advantageous either to the City or to the existing neighborhood. I don't understand why a high density neighborhood should go in there, it seems to me that the currently zoned 9, 600 square foot lots would be the way to go as far as further development of the Brier Lane area is concerned. These concerns and those already elaborated 32 Hearing Examiner Minutes September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 on. . . for these reasons, I feel the PUD is an ill-conceived idea and that it should be disapproved. Thank you. Hunter: Thank you, sir. Kim Durnwirth? Thank you, sir. Richard Phillips or Diane Phillips? Do you swear and affirm to tell the truth and the whole truth in the testimony you're about to give? Richard Phillips: I do. My name is Richard Phillips. I live at 22829 103rd Avenue SE in Kent. Our primary concerns have been addressed by most people here so far this evening. A big issue with me is parking. My feeling that 12 parking spaces for 39 units is insufficient especially given the fact that they cannot park on the street. My feeling is that 228th and the cul-de-sac off of 103rd that exists right now will become the overflow parking for that area. In addition to the issues brought up by the Fire Department and emergency services people. Second issue that I would like to bring up is the wild spaces and the open spaces. I applaud the idea of a PUD that has a barrier around the outside of the facility. My only problem is that in this we have not really addressed with the city of Kent and the people who live in it have _. not really addressed how to maintain and manage that facility. In the past, in the open wild spaces that exist currently, especially in the green belts in the area, grass clippings, paper, pop bottle rockets and things of that nature tend to inhabit the area. Very little of it is usable or remains green for very long. The additional. . .one other thing that I would like to mention that has been brought up quite a bit is the school district problems. I don't think that we should increase the problems that the school district is currently facing without providing them with funds to meet those and finally, past experience with associations, i.e. , and this addressing the covenants, codes and restrictions. Past experience with several of them has indicated that they have a lot of problems funding such things as insurance for the open areas and the active areas, the do need to be insured; there' s quite a bit of liability especially with an area that is developed. It tends a lot of times to become a juvenile hazard; kids get hurt, people get sued including the Board of Directors of the area and the homeowners as well. Basically, I 'm not in opposition to PUD' s but I think we need to plan them out a little bit better and I think we need to understand a lot more before we go off and develop them. Thank you. Hunter: Thank you. Roger--Diane Phillips, did you want to speak. Roger Records? Do you swear and affirm to tell the truth and the whole truth in the testimony you're about to give? 33 Hearing Examiner Minutes September 6, 1989 7 : 00 pm _. Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 Roger Records: I do. I 'm here as a frustrated. . . Hunter: Please state your name. Records: Oh, excuse me. My fault. Roger Records. I live at 10844 SE 228th in Park Orchard. I live across the street from. . .across the Benson from the proposed development and I 'm here as a frustrated resident of East Hill of Kent. I have one plus. I 'm happy to say that I 'm not here tonight fighting an apartment development. I commend the City of Kent for that improvement. I share a number of the concerns that other people who have been at this podium have shared. I would like to emphasize one that has not been emphasized. I am not a traffic engineering person, but I am the victim of severe traffic on Benson Highway. I can tell you that one reason why that might be too many cars coming out of 228th and trying to turn on to the Benson is because it is virtually impossible to do that in any kind of a time frame when you are in rush hour. We in Park Orchard frequently drive over to 240th so we can get out on the Benson at the stop light. If you are going to Renton, that 's four blocks the wrong direction simply to be able to get out on to the Benson, even making a right-hand turn. The S-curve is the worse place on the Benson. The. . .I presume it was just for space restriction but that was shown nicely on the graphic that the traffic engineer put up here but it' s right adjacent and I speak as one whose wife and daughter was rear-ended at the intersection of 228th and Benson trying to make a left-hand turn onto our street and I would suggest that the reason they were rear-ended was someone was somewhat distracted coming around the S-curve plowed into my wife and daughter, destroyed our car, fortunately they were not severely injured. I guess it' s from that bias I speak here in frustration that I see a high density environment suggested here. I would plead for the Planning Commission to stick to the low value of four houses per acre; restrict that to 30 houses instead of 39 . I think that would be. . . if the developer wants innovative housing available in that area, we already have lots of crowded housing in that area; why not build some that have a little space around the house. I think the 9, 600 square feet lot certainly would represent a much more attractive home site and it would be innovative for the East Hill of Kent. I 'm very concerned about the issue raised about our schools. I served on the school levy committee last year and have listened to the frustration of our school directors trying to build schools as far as people move in and I suggest that the City of Kent has a major responsibility of trying to help them out and I 34 Hearing Examiner Minutes September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 would just plead for you to listen to the people in our community and listen to the people who are responsible for our school, help preserve the quality of life that we have here in Kent. Hunter: Thank you, sir. James Egelston? O.K. Paul Kiehn, I believe it is, or Kline. . .we' ll find out. Do you swear and affirm to tell the truth and the whole truth in the testimony you're about to give? Paul Kiehn: Yes, I do. My name is Paul Kiehn. K-I-E-H-N. I live at 10015 SE 229th Place. I guess my primary purpose in speaking is to kind of underscore a little bit some of the concerns about traffic that have already been expressed. But, a mention has already been made about a house that was run into and that was my house. And, I would like to enter into the record as some evidence some pictures. Hunter: Three photos that show a partially destroyed garage. We' ll admit these as Exhibit 7 , I believe it is. Kiehn: Now, I live at the top of the hill. There' s a, basically has been described as a dipped point through the neighborhood and cars reach a very high rate of speed there. Apparently what happened was a vehicle going to fast could not negotiate the curve, ran over my cherry tree and drug several large rocks into the garage, they knocked off a corner of the foundation, took out a center support and end up, the car ended up completely in the back of the garage against a. . . it's about a four-foot high retaining wall which I am thankful was there, it basically stopped their momentum. I think, you know, some of the studies that have been presented here by the professional traffic engineer are very good and it' s nice to know that we have level of service numbers that are within the constraints of the Kent City Codes. But, I think, speaking for the people that live in the development reality is a little bit different story. Density of traffic on 228th and 229th is heavy in my opinion (2-566) (2-000) for a residential neighborhood. It may not be for downtown Kent but as far as a residence there's too many cars and they are going to fast. I think there' s a legitimate traffic and safety concern. I think the other concerns mentioned about the fire access, the narrow streets, schools, you know we have a school board basically against this development. And, I would just like to underscore that, you know, there' s a price to be paid for these planned unit developments. I think they are. . .the concept for a planner may be great and the concept for a developer, you know, he might think it's a great idea 35 Hearing Examiner Minutes September 6, 1989 7: 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 too, but the fact of the matter is that those folks are not going to be living in the neighborhood. They are not going to be buying those places and they are not going to be subjected to the impact and that' s about all I have to say. Hunter: Thank you very much. Curt Betchley? Do you swear and affirm to tell the truth and the whole truth in the testimony you're about to give? Curt Betchley: I do. I 'm Curt Betchley. I live at 10213 SE 228th Street and I share a lot of the concerns that have already been voiced this evening. I have a three-year-old daughter and a two- month-old son and I am concerned about their safety and what the school situation will be in a few years. I would like to address the quality of this development. The Council said that one of its goals was to maintain existing neighborhoods in its study of housing in Kent. And we have a very nice neighborhood there and I 've lived there for five years. I 've lived in Kent for eight years and was one of the first houses in Brier Lane. I watched the neighborhood grow and know many of my neighbors for a long period of time and unfortunately I work quite a bit at Boeing and my wife knows a lot more of the neighbors than I do. It' s a very good community, there's a feeling of neighborhood there and the logical extension of that neighborhood is across the street into this area being proposed for Dover Place. To say that Dover Place is going to benefit the neighborhood that exists, or that its going to benefit the City of Kent is I think in error. There are a lot of costs associated with this. I do not view this as a quality development. The parks that are there are for the development. Basically, you are putting in a high density development with just barely sufficient amenities for the people in that development and they are expecting the existing neighborhood to take up the slack. The amenities, in my opinion, are not well thought out, my experience with common property is that if it's everybody's responsibility, it' s nobodies responsibility. I also happen to be a member of a condominium association where I own a small unit, where I originally lived and in that association there are mandatory dues for maintenance every month. And those dues are assessed and I think a similar situation ought to be in place for Dover Place otherwise the green belts and natural areas will deteriorate. You are putting in a housing development which is very small , you are putting in. . .and it's only 39 units and it' s crammed in at high density. The affect of this is to basically have an isolated neighborhood next to an existing neighborhood. The only purpose I can see for the green belt is to actually try 36 Hearing Examiner Minutes - September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 to make that isolation, to try to separate the Dover Place neighborhood from the existing Brier Lane neighborhood where, in fact, the beneficial development for that area would be to extend the Brier Lane development--type--at 9. 6 rating into that area. The trees, the buffer zone, is basically to block out a quality, what I think will become an obnoxious neighborhood. The tendency will be to have a juxtaposition of such different styles to eventually have those units in there become rental units and have nonresidents owners in there renting those houses with the consequence lack of maintenance. And this certainly is going to impact the quality of life that presently exists in the Brier Lane neighborhood. Thank you. Hunter: Thank you, sir. Lucille Lemon. . .Lucille Lemon? Do you swear and affirm to tell the truth and the whole truth in the testimony you're about to give? Lucille Lemon: I do. My name is Lucille Lemon. I have one question that I would like to start out with. I would like to know where 's the demand for these types of homes. Who is demanding -- them? Is it the people or is it the developers? An example I would like to give is a little place called Strawberry Lane, it consists of three homes. Strawberry Lane is next to the elementary school, I don't know if you are aware of that area, it ' s on 240th and 100th. The lot sizes on Strawberry Lane are 7, 200 feet. The proposed homes in Dover Place are 4 , 500. You take those homes and you take the yards completely aware. Whose going to live there? I don't want to live in a place like that. We went to the Planning Commission office approximately one week ago and asked the addresses of the homes that they show as an example. We were given an address in Renton and an address in Federal Way. Renton is under construction right now, we viewed both places. We did not take a measuring tape with us, there is approximately five feet between home which is the minimum required. There is absolutely no back yard. The only exception to these homes, I must admit, is that they were very beautiful homes but are we going to have those types of homes or the homes on Strawberry Lane? These homes in Strawberry Lane have been built approximately three years on 5, 000 square foot lots, they have street parking. I asked if there were any in the area, 5, 000 square foot lots that do not have street parking, there are none that we could view. I have a fear that these homes are going to turn into rentals which means you are going to have two or three families living in one home. Whose going to buy a home for their family that has no yard. I didn't know it was everyone' s goal to own a home with no yard for their ~ 37 Hearing Examiner Minutes September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 kids to play in. Well, we' ll compensate that we'll create an open space, they can go there and have picnics there, that will turn into a hangout for teenagers, it' ll become a popular areas for Valley Kee which is down the street, the projects. I 'm sure you are all aware of Valley Kee. Valley Kee has no "yards" it's all open space. My son was threatened in Valley Kee delivering papers, the police have recommended that adults do not go into that area. This is what can happen to our neighborhood. Another issue I would like to address is parking. I didn't know they were going to be restrictions on this development that only adults could live there. If it' s going to be for families, I myself have three children; two of which are teenagers. Now, right now, we have two cars in approximately two to three years we will have four cars. I have a two-car garage, we do not park our cars in the garage because we use for storage which is what most people do; lawn equipment and anything else you don't have room for in your home. These homes that are being proposed you could not build a storage shed in the back yard because there' s not enough room. The only available parking will be in the driveway. Now, what do you do when you have more than two cars, you have twelve spaces allotted, where do the visitors park? Unless no one has friends, is that going to be another restriction? For anyone that moves into this development, no children, no friends, no more than two people per home. It' s not meant to be sarcastic, I 'm trying to be realistic here. I don't see where no street parking is going to work. It' s not really a family home there and it' s not really apartments. I see this as a mixture of two, kind of an experiment. You have a parking lot in the middle of homes, that's what apartments do. Another concern I have is there' s no access road other than through our development. Our children walk to school, the elementary school right now on 100th Avenue. They are walking on the streets. I see the city opening itself up for lawsuits when one of those children get hit because of the increased traffic from this development. I think that' s a serious matter this City should take into consideration. The way the homes are going to be situated, the lot size, it' s nice to see pictures of what they plan on developing there. I don't think they are going to fit into our neighborhood. If you look around our neighborhood, there's a lot of space between each home. I don't see where this development is going to improve our neighborhood. Whoever owns that land, purchased that land as an investment, we also purchased our home as an investment, not to decrease the value of it but to increase it. No one in this world is looking to go down, we're all looking to go up. I don't think we need to cut our lot sizes by more than 38 Hearing Examiner Minutes September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 one-half. That' s all I have to say, unless you have any questions of me? Hunter: Thank you very much for your testimony. John Lemon was next on the list to testify. No testimony? And then Jim Orr? Sir, we' ll give you a change to enter those after we. . . Mr. Orr is the last one signed up. If there are others who wish to testify we' ll get to them after Mr. Orr. Do you swear and are aboutrm to ell the truth and the whole truth in the testimony y to give? James Orr: I do. My name is James Orr. I reside at 24909 114th Avenue SE. I 'm quite a ways away from this proposed project but I have my own views on it. I think this would be an ideal place for a PUD as long as the minimum lot size was 91600; maybe the maximum of 12 , 0oo--great way to go. As far as on-street parking; Kent Shires has. . is not supposed to have on-street parking; so is Walnut Park. We live next door to Walnut Park. Before the complex was finished I drove in there and the only way I was able d a b o get back out was to back out 100 feet and I 'm not to g There' s no way you can turn around in one of these 22 foot wide streets. If you need an emergency vehicle in there, forget it, they' re going to have to pack 'em out on a stretcher. Again, we hear about they want to save the trees. Now, they are just saying they are going to have to wipe out the trees--sounds like LeBlanc all over. East Hill elementary school across from the Post Office there' s 180 units and those units are just now starting to be occupied and those kids are going to go to East Hill elementary school. Across from the Canterbury development there' s approximately 300 new units being built; those kids are going to have to go to East Hill elementary school. Looks like there's going to be a lot more portables. Looking in this sheet that the proposed site, there' s 12 parking place. I think its up towards the north. Now, if I want to visit somebody down here when I first drive in, and there' s two people home and like the woman says maybe- they don't have kids, so I wouldn't go see them unless they didn't have kids; if both people are home and I pull up here and it's a rainy day and I lucky enough to get in to one of these twelve spaces, I only have about 600 feet to walk back in the rain. And, if it happens to be on Christmas, I 'm not going to be able to see my friends because those 12 spaces are going to be gone. I just don't think this is the way to go. We've been very active on the East Hill trying to encourage some single family development. Canterbury had no problem with 7 , 200 square foot lots where they're at, they didn't come in here hollering for a rezone or a PUD, _. 39 Hearing Examiner Minutes September 6, 1989 7 : 00 pm -. Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 they're more than happy to build 7,200 square foot lots. I don't see that a PUD is anything more than apartments to me. It's the same thing and this property is zoned 9, 600 square feet and I think that' s what it should be left at 9, 600 square feet unless they want to do a PUD with 12 , 000 max and 96 bottom. Thank you. Hunter: Thank you, sir. other. . . is there other testimony or evidence to present from the public. I see a hand back there-- you, sir, did you want to testify. Did you want to submit that evidence we can take that now. You've been sworn in and this is to supplement the evidence that you already gave. O.K. , these are three pictures each indicating housing development called Strawberry Lane, fine, we will admit these as Exhibit, and, I 'm sorry, your name again is: Rudy Dodd: Rudy Dodd. Hunter: O.K. and in conjunction with Mr. Hoff Is testimony, Exhibit #8 . Yes, sir, will you step to the podium, please. Do you swear and affirm to tell the truth and the whole truth in the testimony you're about to give? Steve Feller: I do. My name is Steve Feller. F-E-L-L-E-R. I live at 22912 101 Place SE. I didn't come prepared to speak tonight. I very impressed, in fact, when some of my next-door neighbors are so overwhelmingly prepared and they've addressed a number of concerns in terms of housing values, traffic, schools and so on. There are two areas I would like to comment on: One, I will comment on the traffic. My wife and I go, sometimes on very long walks in the evening, and on that hill it is not uncommon for people to, as previously stated, to use it as a shortcut from James to Benson and I have many times in the midst of an evening walk at 4 : 30 or 5, gone out cursing and hollering at people who are using it as a thoroughfare; hollering that the speed limit is 25 and finding that they are going much much faster than that. The other area that I wanted to speak on and part of what (unclear) come up here, is in reference to the lack of parking and to the street width. Where I lived previously, we had, I lived there for eight years, of those eight years I was on the architectural committee for two years and I was Board president for three years. We had only 22-foot wide streets and for our 40 units we had 22 parking spaces and I can assure you that I would say fully half of the balance of the units, all 22 spaces would be taken up and then there would be people parked directly in front of their garages, there was, in fact, no driveway whatsoever, wasn't an option. 40 Hearing Examiner Minutes September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 There was a constant problem, thank heavens in eight years there we never had a call for a fire department. Fortunately, the one or two times we had a call for the ambulance they were able to make it through, a fire truck would not have. We frequently had to have the fire marshal out, he ticketed. We had the City police out, they ticketed--it was a constant problem. We assessed fines, we, in fact, had association fees; somebody suggested that as a possible solution. It might help, I can assure you with all the trouble you have in getting money from people and in all the steps it takes to put an assessment against their homes so it cannot be sold. In fact, you can try and take it from them. That's a lot of work, a lot of hassle for the board members and it' s not a fun job and it 's not a very good solution. It would perhaps help the situation compared to no association fees; but, I don't think it' s a solution. The, again, the 22-foot wide streets and some 22 parking spaces for 40 units never seemed to be sufficient. It was a constant problem and their were moving vans, people could not get through the day I moved. Our moving van was blocking the street a substantial part of the day. And I would have to go down and flag people and ask them to drive around and I believe that if development is considered here and I think development here is reasonable, I think it should be in line with reasonably sized streets, reasonably sized lots and reasonably sized houses. Thank you. Hunter: Let me ask you about the parking situation. The applicant tonight. . .and I don't mean to put you on the spot, but since you testified about parking and have that experience, we have received as Exhibit 3 , a proposal that there be conditions, covenants and restrictions which include an impound of illegally parked vehicles. Any experience with that, did you have similar CCR's. Feller: My life. . . Hunter: We've all had experience with that. Feller: My life was threatened by angry towees, I guess is the word, the ones whose cars were towed. My life was threatened with guns because of that. Fortunately, I had in fact had to work for a while to find a tow company who, the guy was willing to carry a bigger gun than most of the homeowners had. The. . .I found myself being awoke at 2 a.m. in the morning by people saying, hay, you can't tow my car, everybody knows that' s my parking spot right in front of my garage. We tried such things as issuing annual passes to allocate the 22 units, excuse me, the 22 parking spaces, which 41 Hearing Examiner Minutes September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 meant that some of us, since there were 40 units, clearly some of us didn't get one. We tried regular ticketing by the City that didn't seem to be a good solution in that the City simply couldn't come through frequently enough. I think if they could have, it would have been a solution. We tried getting the fire marshal out there, that, again, he would leave notices but his notices, at least where we were at, carried no weight behind them. We never really did find a real good solution. The only times we got lucky is that occasionally the people who refused to pay their association dues were also the ones we had the parking problem with and there were times when we were able to repossess their home and kick them out and then turn around and sell the home. That's a lengthy, time-consuming expensive process that ultimately led to higher fees for everybody else in the community. Hunter: Thank you very much for your testimony. Any further input? Yes, sir. Do you swear and affirm to tell the truth and the whole truth in the testimony you're about to give? John O'Rourke: I do. Let the record show that my name is John O'Rourke, I 'm a lawyer, PO Box 98741 in Des Moines. I represent Bill and Pat Norton. Ms. Norton is here with me tonight. The Norton' s own the rectangle that would square off Dover Place assuming it were a part of Dover Place which it isn't. And, we have two questions that I want to address to the staff. The first one is whether or not the State DOT acquisition along SE 104th which will be widen as, I 'm sure, the staff is aware will affect or impact the limitation of access along the highway from Dover Place which is proposed as one of the conditions here tonight. The second question refers to paragraph 7 at page 23 of the staff report. That paragraphs recites essentially that sewers to be installed in Dover Place shall be extended to adjacent properties as deemed necessary by the City. Now I represent the owners of the closest property to the proposed development and my question is: what standards does the City have at this time by which my clients can know whether or not they can get the benefit of such an extension? If there are any by ordinance or resolution, I don't know of them and I would like to have an answer especially to that question. And that' s all that I have. Hunter: O.K. Since those are related to conditions recommended by the City staff, is there anyone here from City staff that can respond to one or both. Mr. Gill and Mr. Clifton. Do you swear or affirm to tell the truth, and the whole truth in the testimony you're about to give? 42 Hearing Examiner Minutes September 61 1989 7 : 00 pm Verbatim Transcript Dover Place #Su-89-2/PUD-89-1 Gar_ y Gill: I do. My name is Gary Gill. I'm the City Engineer for the City of Kent and as far as Mr. O'Rourke's question regarding the access restriction from the DOT onto the Benson Highway. I believe the question was more with respect to Dover Court or Dover Place development. O.K. The. . .since the access will be restricted and only be off 228th Street there will be no restrictions as far as access onto the Benson Highway. However, we would have to look at the future conditions of that access point with regard as to whether or not a signal will be needed to provide safe ingress and egress to the people that live in that neighborhood--both Brier Lane and Dover Place. Hunter: O.K. Fair enough. Gill: As far as the sewer extensions are concerned, onc ne ,cwhat wI would e do is we would look at, if I had known this question have brought our Comprehensive Plan but what we would do is look at the service area that in that general vicinity and if the sewer extensions that are required to service the Dover property would logically also service the Morgans. . . .Nortons, then this developer i would be required to make the extension which would also allow the Nortons to get service in the future. It could be an extension of the proposed 103rd Avenue with an easement through one of the lots or, I 'm not familiar enough with the topography to tell you exactly how the sewer extension would go but we would look at the different alternatives and determine how adjacent properties could a cess to be served and not be landlocked or not have an ability to g ainpublic sewers in the future. So that would be addressed as part of our detailed review of the utility and street improvements for this project. Hunter: Very good. I hope you find those responsive. These are tangently related to what we are hearing tonight but since they are part of the conditions the City staff did respond and urge you ny explore in more detail outside the mon ofrompe fCity lstaff to clarify larify further public testimony. Any Y anything raised at all? voice: I have a question. It has to do with the traffic study that was done. I am curious where they come up with a number of 39 . . .you know there are 39 units eakt it seems l times Many have children, ke a lot e people would be traveling during p two people working per houses or somet tin one art ratheruthanstwoW they came up with each house having j 43 Hearing Examiner Minutes September 6, 1989 7 : 00 pm _.. Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 Hunter: You're raising a question about the traffic study that was testified to earlier. O.K. we can ask the applicant to respond to that. I first want to see if there's any further City testimony. I think we had. . .yes, sir, please step forward. And do you swear, affirm to tell the truth and the whole truth in the testimony you're about to give. Michael Evans: I do. My name is Michael Evans. I'm the Fire Marshal for the City of Kent. First of all I would like to explain some of the reasons and need for Fire Department access as it relates to this particular project. The reason you provide Fire Department access is to provide a means for the Fire Department to administer and deliver services that it normally provides which includes extinguishment of fire and other hazardous as well as emergency medical services. And, I would like to continue by saying that we cannot guarantee that that particular access will always be there during an emergency. And some of their requirements for that are included in Kent City Codes and includes a 20 foot width. The reason for a 20 foot width is to provide passage of a fire apparatus normally about 8 feet passed another apparatus with an additional four feet provided for open compartments, hoselines being used and so forth. So a total width of 20 feet. It also includes turning radius for the largest piece of apparatus. During an aid or emergency medical service incidence, the largest people of apparatus may be sen to that particular close So the need may be less than what is provided but what we are looking for is a worse case scenario, maximum. . .minimum 20 foot width. Letters based on what you have from CamWest dated 8/30/89, it appears that the letter has addressed all areas of concern that were previously identified for and towards fire department access and as basically outlined it is acceptable; however, we want to reserve the right for approve of the actual wordage that may be contained in the CCR's. Hunter: O.K. , thank you very much. And we had a question raised about the parking. . . a little more City testimony. . .I'm sorry Carol did you have some further comments to make. Proud: The request was made by the City Engineer if it may be possible or if you would consider having a recess while we divvied up on who should answer what questions that were raised. A five minute break or something to that affect. It's been about two and a half hours. 44 Hearing Examiner Minutes September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place 4SU-89-2/PUD-89-1 Hunter: O.K. , there are several questions that you see outstanding. . .noted what those would be? Proud: Yeah, yes, I do. Right, I have a long sheet and I 'm sure the rest of us do to, so, and we want to take care to answer everybody' s concerns. Hunter: O.K. , very good. We give a five minute break and then we' ll hear City staff respond to some of the concerns raised. A recess for five minutes--reconvene at 9:27 . If you gave your address at the time you testified you will be mailed a copy of that. If you want to make absolutely certain there is a separate sign-up sheet here at the front table here before you leave tonight you will want to put your name and address in there once again so you can receive a direct copy of the decision. We will now an opportunity some of the concerns that were raised, city staff will have some clarifications or comments on that and we also had one question raised for the applicant on the traffic study and Ma'am did you have one other question you wanted to raise. O.K. , I ' ll ask that to when he comes up to do the traffic study; when it was done and how the numbers were determined. Fine, o.k. , that will be noted and will ask that of their representative. O.K. , Carol Proud has some further clarifications, additions to her testimony. Proud: To answer we sort of divided up some of the more pertinent questions that you all brought up tonight and I want to say that I really appreciate all your comments because a lot of these questions and concerns that you brought up we hashed out ourselves as well . With regard to the school department, the Planning Department, the City in affect just sent me to a area-wide conference regarding the mitigation of development impacts to communities and the concerns that you expressed tonight are concerns that are not only felt in Kent but county-wide. I work and had been in contact with both Fred High and Donna Smith of the school district and so I wanted to explain a little bit about how their process works and where we are at in taking their concerns into the overall scheme of things within the City of Kent as best as I understand them. Basically, these letters are standard form letters, every single development no matter how big or how small gets this letter and I want to reiterate the final paragraph of this letter which states, and this is from George Daniels, Superintendent of Schools, please allow me to emphasize the administration of the Kent School District is not, and he' s underscored not, opposed to development of this type. We are however determined that the safety, welfare and basic educational 45 Hearing Examiner Minutes September 6, 1989 7: 00 pm - Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 needs of the children of Kent will not be ignored. And, if you will note in the staff report on page 17 , we discussed that several conditions of approval were suggested by the school district some of which require contribution from the developer to off-set the costs of providing facilities, urge the developer to create an area that would be landscaped, equipment and dedicated as a children' s play area, include bus turnouts and full sidewalks as safety features and as much as possible the developer to our way of thing has done that by providing passible play areas and sidewalks and that sort. However, the City is unable to implement these conditions without the legislative authority to do so, so the comments are included in the staff report; included as a courtesy to the school district to let them know that yes, we understand, and we hear your plight but unfortunately the planning department and the Hearing Examiner, and the City Council do not have the legislative authority to assess these kinds of fees onto the developer. If that's something the community would like to have then it' s up to you address it to your appropriate Council person to have such kinds of things incorporated in City Code but we are not set up right now to address those in a real. . .you have to sort of way of doing this. . .all we can do is kind of ask the developer and say this is what the school district wants and hey guys, what can you do to mitigate some of these and so various developers have different responses to that sort of things so we are definitely aware of the problem and are doing everything within our legislative power to be able to deal with this situation. I also would like to address the. . .somebody brought up the conditions and the different comments brought up in the Canterbury Plat and that was heard earlier today and I 'm also very familiar with that particular plat and it' s sort of like comparing apples and oranges. Yes, there are some certain things that Canterbury was addressed because of future. . .the way 100th was going through and different things kinds in that plat and we typically look at these things individually based on the surrounding area, what' s there and so what' s happening at this particular site is a little bit different than what' s going on at Canterbury. So that's why we don't have the same conditions in every single staff report. I also wanted to address the concern about parks and this is something that's brought up a lot. Brought up by our staff but unfortunately, again, the Planning Department doesn't have the legislative authority to mandate that developers put in parks for the community at large and, again, if, in fact, the community is concerned about this and a lot of people are, we all are, then it's up to the community to go to the appropriate parks people, go to 46 Hearing Examiner Minutes September 61 1989 7 : 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 your elected representatives to do something about that. But, in the context of this, yes, we hear you but there's nothing that we can do legislatively to address this situation right now. So, if you want parks in East Hill you got to go to the appropriate people to get them there and we're not them, the developer is not them and we can't do anything about it at this point in time. Stephen Clifton has some comments and then we' ll turn it over to Gary Gill . Clifton: Stephen Clifton with the Kent Planning Department. My comments are very brief. The first one would be the maintenance of the open space. And, we did state in our staff report that the active open recreation area be permanently maintained and that a maintenance agreement be created as part of the conditions, covenants and restrictions. That' s primarily with the active open area or the small park that' s created within the development. We would ask the developer how he or she or they propose to maintain the surrounding or perimeter open space. My second comment has to do with setbacks and comments made by Ms. Lemon. And, she stated that in Federal Way the buildings were u separated by only five feet. I would like to jurisdiction.point Our standards out that City standards differ by jurisdiction by for the PUD are no different than 7 , 200 square foot lots, 9, 600 square foot lots, 12 , 000 or 20, 000 square foot lots. Side yard setbacks for all of those developments are five feet per lot or ten feet between homes and that is applied to all lots which are created in all those different zones. So it's no different than what we are asking for in the PUD development. The rear yard setbae front ard well ; 20 feetthe forsame and the fronthyard andy20 feetbfors e the same as the rear yard. One comment or one concern was the devaluation of surrounding to the development and we might ask that the developers talk about the cost of the homes. Now, in putting together this staff report we did take field trips up to areas like Issaquah and we looked in to homes very similar to this on the same size loth.s. Three ere sellins ago those homes were selling for $110, 000 ; today, Y for $140 , 000 and I would also like to point that the cost of the home we cannot legally tell a developer what price of home they are going to be developing on a lot. Another comment was in regard to rentals. No one can determine whether or not a home will become a rental or not. At the community. . .at the community meeting this was also brought up the fact that these might be rentals. One woman at that meeting, as I recall because I was, stated that there were rentals within the immediate neighborhood of that development. 47 Hearing Examiner Minutes September 6, 1989 7 : 00 pm - Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 You cannot determine whether a house is going to become a rental want or not that's up to the I And, that owner all I have right r he/she onowheyThank to rent their property. And, you. Hunter: Thank you. Gill: Gary Gill, City Engineer. I will try to cover some of the issues in a general fashion and then Ed White our Assistant Transportation Engineer will probably get in to a little bit more details on some of the programs that we have to address some of the concerns that were raised. We too have some of the similar concerns that some of the property owners raised at the meeting here tonight and we are trying to address those in a variety of ways. We are well area of the regional transportation problems that we have in this South King County area and so those problems are being addressed on a regional basis along with other adjacent jurisdictions: Renton, Auburn, King County, State Department of Transportation. And, it' s unfortunate that we as fall behind as we are but we are trying to address the problems in as prudent a fashion. . . .prudent way as possible. We have several planned improvement projects of which some of them were already brought up at the meeting tonight. As you are already aware S. 240th Street is being widened to a five-lane arterial between 104th and 116th and that project is currently under construction right now. The County is planning to widen and improve 240th east of 116th as part of their six-year transportation plan. I believe the first phase of that is planned for 1990. The State Department of Transportation is planning to widen the Benson Highway all the way from the present city. . .north city limits up to 192nd Street in two phases and the planning for the dates for construction are still uncertain because of the State funding that is needed to provide for the construction monies for those projects but the design is almost complete for both phases of that widening project. The City is also recognizing the need for new traffic corridors planning for future needs and this includes the 228th Corridor, 277th and 196th Corridors which are planned arterial improvements which the City Council has placed at the very top of their priorities for target issues for 89 and the years following. I would like to point out that this particular property is part of a 660 acre annexation which came into the City just a few years ago. Most of this area was part of unincorporated King County and so we inherited a lot of problems when we annexed this area and the residents are correct, 100th Avenue is a very substandard roadway in need of widening, curb and gutters, sidewalks. The actual plat of Brier 48 Hearing Examiner Minutes September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 Lane was constructed as a County subdivision so we didn't have any part in that other than providing utility service for the residents in that neighborhood. The major differences that you see between King County and Kent as far as their subdivision standards are very minor. The. . .King County does allow for rolled curb and gutters and City of Kent does not. We prefer to go with the standard raised curb and gutters to prevent people from parking on the sidewalks making the area inaccessible for pedestrian use. I would like to point out that the. . .when you get into certain roadway standards our minimum standard for residential access street in a single-family neighborhood would be a cul-de-sac or deadend street would be 28 feet from curb to curb. So, and there are no parking restrictions placed on single-family residential neighborhoods so you could have vehicles parked on both sides of the street which could effectively limit the available driving lane to probably less than 12 feet. Sixteen to twelve feet if you use up approximately eight feet on each side of the street for parking you are left with about 12 feet. We do see this in a lot of the neighborhoods in the area. When you drive through Park orchard, you literally have to weave through the parked cars on both sides of the streets and there's usually about one lane available for people to drive in and in that particular neighborhood there' s no sidewalks so it makes it even more precarious for somebody to try to walk through. So, I 'm not saying that, you know, we have all the answers we obviously need to look at the present codes and if there are changes that are needed then the Council has to. . .the Council is the one that approves the ordinances which adopt the standards that the City staff enforces here. As far as the pedestrian needs are, I ' ll let Ed get in to a little bit more detail with that but our traffic department is working with Kent School District to try and identify the elementary schools and other schools and where their walking routes are. . .where they will not provide bus services for different single-family and multifamily neighborhoods. once we have an accurate record of where those neighborhoods are located and the routes the children use for walking to and from school, then we can try to prioritize which roads need pedestrian improvements because there's going to be dozens and dozens of projects that are needed throughout the city. We are going to have to go in and try prioritize those and then take that to the Council and try and get monies to fund the construction of these project. But we are not ignoring the problem, it is a very high priority from both the Council and the City staff so we do recognize that 100th Avenue, 94th Avenue, 112th, and I think the list can go on and on and on, are all substandard roads that are either were or previously or are 49 Hearing Examiner Minutes September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 still in unincorporated King County and they are in very definite need of being improved to meet any kind of current standards. I believe there was a question raised about lights at the intersection with the Fred Meyer store and I was a little unclear as to what the problem was there one. . . Hunter: There was a concern raised that additional lighting would cause it to be even more heavily used by pedestrian and even vehicles. Gill : So this is more of the traffic signal rather than street lighting. Voice: (Unclear) principal of East Hill, spoke with her today and she said that before Fred Meyers was constructed it was promised to the School District that there would be lighting on 100th and 240th, on the crosswalk to 100th because it's totally pitch black when you come around that corner and you cannot see the children and there's multitudes of children from the apartment complexes right down the corner, you cannot see them and the problem has gone on now for a year-and-half without any. . . Hunter: This is, I think, a very legitimate concern and one that should be addressed. I think it' s outside the scope of what we're hearing tonight. Gill: Well, yeah, I just wanted it to be clear that it was street lighting and traffic signal . So, I think, that what we will do is we' ll look into that we made a note of it. Fred Meyer had numerous conditions that were placed as part of that development project; to widen the road, to put in signals, and we'll go back and look at those and make sure that if that wasn't met that we'll take some steps to get that taken care of. Hunter: Gary, I wanted to ask you about the. . .you testified about the parking situation. Normally a street is 28 feet wide and you said that if it was parked on both sides, what is your estimate as to what that would leave. Gill : Well, a typical parallel parking space is about eight feet in width so if you take 16 feet off of that that leaves you with about 12 feet. 50 Hearing Examiner Minutes _. September 6, 1989 7 : 00 Pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 Hunter: So that the concern raised tonight is parking on a 22 foot. Gill: Right, and that was part of. . . Hunter: And both sides of that. . . . Gill: No room, exactly. Less than eight feet. And that was why when the PUD and that' s why I get back to the ordinance and the standards that were developed. When the Public Works Department reviewed the alternatives for street improvements for planned unit developments, we were given several different scenarios. If they go. . .they' re allowed to go in with full width streets which provide parking or. . .that' s why we stated if it was a 22 foot wide street that' s the absolute minimum that would be acceptable for two lanes of traffic and if that was the street section that was constructed as part of the planned unit development then there should be absolutely no parking allowed within that. Then you get to the problem of enforcement and all the other concerns that the owners or the people brought up tonight and I don't have any easy answers to that. That' s obviously a serious problem that could result there. Hunter: O.K. Thank you very much, anything further? Gill: I believe that Ed could answer a couple of questions regarding some of the safety concerns and the speeding and maybe. . .any. . .some other areas that I may not have touched on here tonight. Hunter: Ed White, further testimony or clarifications? White: Again, Ed White, Assistant Transportation Engineer. I wanted to touch on basically just two points. One in the peak hour capacity concerns of the intersection of Benson and 228th and then talk very briefly about a program that we have that is designed to try and help local neighborhoods in terms of their speeding and accident related problems. On the. . . in terms of determining a peak hour. . . I know one of the citizens was concerned about possibly someone going out around 6: 00 and doing a study. Normally, studies are conducted within two time frames and a.m. peak that generally go between. . . somewhere between 7 and 9 a.m. and an evening peak somewhere between 4 and 6. Now the city normally will look at those two time frames in terms of doing counts and we will either count the entire two hour period or establish a peak hour within 51 Hearing Examiner Minutes September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 that two hour period by going out and doing an automatic count prior to any other analysis that we made need to determine actually when that p.m. peak hour does occur. And I know that' s a common practice of most agencies and consultants. And, so that, the majority of the time when people are talking about P.M. peaks they will be talking about in a general sense sometime between those time periods but probably a specific hour within that time frame. In terms of the capacity of the intersection because that's a State route and because there is a lot of growth occurring in the area along with construction not only on 240th and on Benson but possibly a lot of private development that may be going on you are probably looking at capacity or a level of service. . .probably E or F. I know that will probably also vary based on the time of day and day of week, month of the year and so on. It' s a problem that both State and the City is aware of and that there will probably be a signal at that intersection sometime in the near future. I know a comment was made as to the fact that a traffic signal there might encourage traffic to utilize that route. That isn't necessarily so. Generally, people when they do use a route it is because there are fewer constraints. A traffic signal tends to stop more people on a route. I know it' s. . . it does not sound like it does but we have studies that have identified increased delays caused by traffic signals. On the issue of traffic safety let me briefly just say we have what we term "neighborhood traffic control program" that we basically instituted about a year and a half ago that was designed to get the neighborhoods involved in looking at and possibly finding ways of curing high speed, erratic driving, just trying to bring the general awareness of the neighborhood bring it up. . .make people more informed in terms of the things that they can do and that various jurisdictions cannot do. I will be going over to the office and picking up the various literature that we have and I will make that available after the hearing for anyone who wants to give me their name and address and we can get them involved in that program. Hunter: O.K. Let me understand your testimony about the traffic level E and F that was on what intersection were you. . . White: Correct. That was at the intersection of Benson and 228th which is the intersection that has been in question this evening. Also 240th? 52 Hearing Examiner Minutes September 6, 1989 7 : 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 Hunter: Let me ask Mr. Grundley and you can stay right where you are, the applicant' s consultant, on the question raised at what time of day the peak hours were used. What date did you do you the study and what did you use as your peak hours. Grundley: The counts were conducted on August 16 and August 17 , the actual peak hour time period was 4 : 30 to 5: 30 and 5: 00 and 6: 00 peak hour was four cars less just for an indication of variance. The magnitude between the two hours. I referenced 5:00 to 6: 00 peak period just because that' s a general range as Ed has said that's indicated by peak hour. . . (unclear) generation of a housing development. However, the actual counts at the intersection were from 4 : 30 to 5: 30 . Hunter: O.K. , thank you, sir. Any further City response. Yes, sir. Evans: Mike Evans, Fire Marshal. A couple of comments. The no parking restrictions and enforcement and penalties that are associated and defined in that document presented by CamWest do w present an enforcement problem which there are no clear and easy solution too. However, based on those requirements, if I were to apply those same requirements to the neighboring entry of 103rd Place there would have to be yellow strip on the curb and either signs or yellow marking in the pavement that says no parking fire lane on one side. If I applied that throughout the City we would be painting the City yellow and that' s not our intent. But based on experience and a little bit about people, how this project would look in the future we thought that our needs had been addressed concerning Fire Department access. Hunter: Your needs are addressed, the enforcement problems are something that you don't have enforcement control as far as ticketing of vehicles? Evans: The Kent City Code does allow for the ticketing of vehicles in an appropriately marked fire lane. Basically, the standards that are displayed in that document are taken from those standards and at that point, when marked as such, are enforceable for impoundment or towing or a fine as defined in that particular document. Hunter: And that' s the yellow strip and the sign says, "by order. . " . 53 Hearing Examiner Minutes September 6, 1989 7: 00 pm Verbatim Transcript Dover Place #SU-89-2/PUD-89-1 Evans: And you see the sign in either a 12x18 sign or painted on the pavement, allows for either. Hunter: Thank you. Evans: O.K. Hunter: Any further clarification from City. Stephen Clifton? Clifton: Stephen Clifton, Kent Planning Department. Although it is stated in the staff report I would just like to make one correction to my presentation. For those individuals who haven't read the staff report because I understand that quite a few heads turned when I discussed the square footages of the homes, I mentioned that they were 1, 200 to 910 square feet; the correct is that they are 1, 200 to 1, 910 square feet. Thank you. Hunter: Any further testimony. Yes, sir. Kiehn: My name is Paul Kiehn. I would like to add something to my testimony. Betty Hoff had mentioned to me that I. . .guess in my nervousness I kind of missed a key point and that was the time of the day that accident occurred, that is the car running in to the house was 3 : 00. I think that 's significant because that's about the time the kids are getting out of school . The car crossed the oncoming line, across the sidewalk and yard and the potential for, I think, a tragedy is pretty obvious in that case. But, just wanted to have that added to the record. Hunter: Thank you very much. And thank you all very much for attending and presenting testimony. I think it has been concisely presented and clearly presented. Obviously there' s a full range of issues to consider some of which are outside the scope of authority as you heard the City respond and some of which are within the scope of authority of the Hearing Examiner and Planning Department. What the job is to do now is to consider all the testimony and evidence submitted and to render a recommendation within 14 days. Those of you that have signed up for a decision will receive it directly in the mail, others can receive it by contacting the Planning Department and getting a cop that way. So. I thank you all for attending and presenting your testimony. It will assist me in making a decision and we will have that within 14 days. Meeting adjourned. 54 KENT PLANNING AGENCY STAFF REPORT FOR HEARING EXAMINER MEETING OF SEPTEMBER 61 1989 FILE NO: DOVER PLACE #SU-89-2 and #PUD-89-1 APPLICANT: Can West Development, Inc. REQUEST: A request for preliminary subdivision approval in conjunction with a Planned Unit Development (PUD) for 39 residential lots and associated open space. Subject to Kent Zoning Code, section 15. 04 . 080 and to the Kent Subdivision Code. STAFF REPRESENTATIVES: Stephen Clifton and Carol Proud STAFF RECOMMENDATION: APPROVAL WITH CONDITIONS I. GENERAL INFORMATION A. Description of the Proposal The proposal will subdivide a 7 . 6 acre site into 39 residential lots and a separate tract of associated open space. The size of the proposed lots will vary between 4 , 500 and 5, 000 square feet. The tract of open space, as proposed, will total 2 .85 acres or 36. 6 percent (36 . 6 percent) of the site. The tract will include areas of natural vegetation, formal landscaping and approximately 33 , 105 square feet of active recreational area. A minimum thirty-foot wide landscape buffer will be provided around the perimeter of the site. Approximately 1200 linear feet of private roadway terminating at two separate cul-de-sacs will be constructed. A parking area for twelve vehicles is proposed at the center of the northern cul-de-sac. The resulting Planned Unit Development (PUD) will provide for 39 detached single-family houses at a density of five units per acre. B. Location The subject property is located north of the intersection of 103 Avenue SE and SE 228th Street and abuts a portion of the west side of 104th Avenue SE. 1 Staff Report Dover Place #SU-89-2 and #PUD-89-1 C. Size of Property The subject property is 7 . 6 acres in size. D. zoning The subject property is located at the northeast corner of an R1-9 . 6, Single-family Residential, zoning district that extends west to 98th Avenue S. and south to approximately SE 232nd Street. Zoning further south along the west side of 104th Avenue SE includes an MRG, Garden Density Multifamily Residential, zoning district, a small O, Professional and Office, zoning district. and a CC, Community Commercial , zoning district which extends to SE 240th Street. As a Planned Unit Development, the size of proposed lots may be less than both the required minimum lot size of 9 , 600 square feet and less than the minimum width specified in the R1-9 . 6 , single-family, zoning district. Thirty-five percent of the site must remain in open space. All future development on the proposed lots are subject to remaining single-family development standards; yard setbacks, height, lot coverage and required parking. The proposal is subject to the tree preservation ordinance. All trees on the site having a caliper of six inches or greater must be identified on either the site plan or on a separate tree plan. E. Subdivision Code The purpose of the City of Kent Subdivision Code is to provide rules, regulations, requirements, and standards for subdividing land in the City of Kent, insuring that the highest feasible quality in subdivision will be attained; that the public health, safety, general welfare, and aesthetics of the City of Kent shall be promoted and protected; that orderly growth, development, and the conservation, protection and proper use of land shall be insured; that proper provisions for all public facilities (including circulation, utilities, and services) shall be made; that maximum advantage of site characteristics shall be taken into consideration; that conformance with provisions set forth in the City of Kent Zoning Code and Kent Comprehensive Plan shall be insured. 2 Staff Report Dover Place — #SU-89-2 and #PUD-89-1 In addition to the standard subdivision of land as outlined in the Subdivision Code, the City provides for the subdivision of land under the Planned Unit Development regulations of the Kent Zoning Code. Planning Department Comment: The proposed plat is in general conformance with the regulations of the Subdivision Code. The private road system will be developed to Code standards including curbs and sidewalks except for the width of pavement which will be less than the required • 26 feet. The proposed 22 feet is consistent with the standards specified in the PUD ordinance. Because of safety concerns with regard to fire vehicle access, no on-street parking will be permitted in the subdivision. Each lot must provide on-site parking for a minimum of two vehicles as specified in the Kent Zoning Code. All proposed sewers, water mains, and other utilities will comply with applicable City requirements. The configuration for proposed lot 36 must be redesigned to accommodate access from the private road and not 104th Avenue SE per Washington State Department of Transportation and the City Public Works Department requirements. Because of a required easement to widen 104th Avenue SE, approximately 6, 660 square feet will be removed from the proposed tract of open space. Preliminary review indicates that the size of the remaining tract will be 35. 1 percent, which meets the minimum requirement for a PUD. The exact dimensions must be specified on the final plat. The proposed PUD in effect is a binding site plan and no lot will be permitted to be sold separately from the resultant' subdivision. Language to this effect must be included in the Covenants, Conditions and Restrictions for the PUD. Also, the proposed plat must receive final approval and be recorded with King County Department of Records prior to any construction activities on the site. F. Comprehensive Plan The City of Kent first adopted a City-wide Comprehensive Land Use Plan in 1969 . The goals, objectives and policies of the Comprehensive Plan represent an expression of community intentions and aspirations 3 Staff Report Dover Place #SU-89-2 and #PUD-89-1 concerning the future of Kent and the area within the Sphere of Interest. The Comprehensive Plan is used by the Mayor, City Counbil, 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. CITY-WIDE COMPREHENSIVE PLAN The Comprehensive Plan Map designates the subject property as SF - Single-family. Elements of the Comprehensive Plan are addressed below followed by Planning Department comments. HOUSING ELEMENT OVERALL GOAL: ASSURE A DECENT HOME AND SUITABLE LIVING ENVIRONMENT FOR FAMILIES DESIRING TO LIVE IN KENT. Policy 8 : Encourage the use of clustering, zero lot line, planned unit development and other site planning techniques to improve the quality of developments. Planning Department Comment: A revised Planned Unit Development (PUD) Ordinance became effective in October of 1988 . Using regulations of the existing PUD ordinance, the proposed plan retains 35 percent of the site for common open space, of which 10 percent is dedicated to passive use, 10 percent for active recreation, and 15 percent is preserved as native vegetation. Under standard R1-9 . 6 zoning, common open space and requiring areas for active and passive recreation is not a requirement. 4 Staff Report Dover Place #SU-89-2 and #PUD-89-1 GOAL 2 : Objective 3 • Policy 6 : Require developments to provide for all necessary on-site improvements, as well as their fair share of off- site improvements needed as a result of the development. Planning Department Comment: As a condition of approval through SEPA, the developer of the project will be required to enter into agreements with the City of Kent to participate in future construction of the 224th/228th Street corridor project and a 228th Street and SR-515 signal project. The 228th Street and SR-515 signal project would be installed if warrants are met and determined necessary by the City' s Traffic Division. Proposed private streets within this development shall be designed to meet City standards regarding pavement structure, and shall have cement concrete curb, cement concrete sidewalks, street lighting, drainage system, street name signs and other appurtenances associated with street construction projects. GOAL 3 : Assure an adequate and balanced supply of housing units offering a diversity of size, densities, age, style and cost. Objective 2 : Provide for a mixed residential community with a balance of housing types . Planning Department Comment: The proposed project will provide 39 additional single-family homes for the City of Kent. One lot (designated #36 on the site plan) has an existing home scheduled for removal, locating a new home in its place. Samples of floor plans submitted indicate homes ranging in size from 1222 to 1910' square feet, for one-and two- story homes respectively. These homes will add to the existing single-family housing stock in Kent, helping to balance multifamily and single-family units within the 5 Staff Report Dover Place #SU-89-2 and #PUD-89-1 City. The size of the homes will also add to the mix of housing types within the community. CIRCULATION ELEMENT OVERALL GOAL: ESTABLISH A BALANCED, SAFE AND EFFICIENT TRANSPORTATION SYSTEM FOR ALL MODES OF TRAVEL. Planning Department Comment: The PUD allows applicants to modify pavement widths of a two-way street upon review and approval by the Kent Fire Chief and the Traffic Engineer providing they are sufficient to maintain emergency access and traffic safety. To ensure that the roadway is kept in a suitable condition, the following condition should be applied as required by code: A maintenance agreement for all. private streets within the Planned Unit Development shall be included in the Conditions, Covenants and Restrictions for the project. According to comments received during .the PUD review, the Kent Fire Department feels the access and parking problems which might be associated with the development, creates serious concerns about the Department's ability to deliver an adequate level of service to this development. Although there are tentative conditions to maintain access, the occupants must be aware that the Department' s ability to deliver service will be severely impaired if the conditions are not met continually. According to the Kent Fire Department, the owner would be well -advised to_ consider built in protection of sprinkler systems. EAST HILL LAND USE PLAN The East Hill Plan Map designates the subject property as SF-6 Single-family 4-6 units per acre. " Elements of the East Hill Plan are addressed below and followed by the Kent Planning Department finding. 6 _. Staff Report Dover Place - #SU-89-2 and #PUD-89-1 LAND USE CLASSIFICATIONS As mentioned above, the subject property has a land use classification of SF-6, Single-family (four to six units per acre) . This designation represents the highest single-family residential density. Planning Department Comment: Minimum lot sizes of the underlying zone do not apply in a PUD, thus allowing lots to be less than the 9 , 600 square foot size. The overall density of the development is approximately five units per acre which falls within the SF-6 density designation. PUBLIC FACILITIES AND SERVICES ELEMENT GOAL 1: Adequate sewer service for existing development and those areas adjacent to the collection system prior to expanding the system. GOAL 2 : A water system that will deliver cost effective, dependable supply of high-quality water to existing development and accommodate the incremental increase to demand created by new development. Planning Department Comment The developer through SEPA review has been required to provide storm drainage detention and biofiltration of storm water runoff as well as analyzing the downstream system to insure that adequate capacity exists. The developers will also be required to provide a public water system to meet fire flow and domestic demands as well as providing for public gravity sewer service to all lots. G. Planned Unit Development The intent of the Planned Unit Development is to create a process to promote diversity and creativity in site design, and protect and enhance natural and community features. The process is provided to encourage unique developments which may combine a mixture of residential, commercial, and industrial uses. By using flexibility in the application of development standards, this Staff Report Dover Place #SU-89-2 and #PUD-89-1 process will promote developments that will benefit citizens that live and work within the City of Kent. According to the Density Bonus Standards for a Planned Unit Development (Section 15. 04 . 080 D) , the density of residential development for PUD's shall be based on the gross density of the underlying zoning district: in this case, 91600 square foot lots or 4 . 54 units per acre. The Hearing Examiner may recommend a dwelling unit density not more than twenty percent greater than permitted by the underlying zone upon findings and conclusions that the amenities or design features whiryh promote the purposes of this section, as listed below, are provided: 1) Open space: A four (4) percent density bonus may be authorized if at least ten (10) percent of the open space is in concentrated areas for passive use. Open space shall include significant natural features of the site, including but not limited to fields, woodlands, watercourses, permanent and seasonal wetlands. Excluded from the open space definition are the areas within the building footprints, land used for parking, vehicular circulation, right-of-ways and areas used for any kind of storage. Planning Department Comment: According to the site plan, ten (10) percent of the site will be used for passive recreation. Areas of passive use concentration include the corners of the project as well as the perimeter areas between the lots and property lines. To ensure that "Tract B" is retained as open space, the following condition should be applied to the final' subdivision: A. The final subdivision linen shall bear a notation stating that "Tract B" shall be retained as permanent open space and shall not be further subdivided. Open space along the south property line consists of mainly tall grasses and weeds. During the community meeting for this - project, neighbors adjacent to the south property line expressed concerns regarding the visual impacts of new homes 8 Staff Report Dover Place #SU-89-2 and #PUD-89-1 located along the south property line. The landscape plan for Dover Place indicates a screen of evergreen conifers to be planted within the 30 foot open space along this southern edge. Eventually an evergreen screen will visually break up the facades of homes located along the southern edge. Additional landscaping is also proposed along the south half of the eastern edge. Evergreen and deciduous trees will help to provide a screen for new residents from 104th Avenue SE. 2) Active Recreation Areas: A four (4) percent density bonus may be authorized if at least ten (10) percent of the site is utilized for active recreational purposes, including but not limited to jogging/walking trails, pools, children's play areas, etc. Only that percentage of space contained within accessory structures that is directly used for active recreation purposes can be included in the ten (10) percent active recreation requirement. Planning Department Comment: According to the site plan, ten (10) percent of the site (33 , 105 square feet) will be used for active recreation. The area designated as active open space is located in the center of the property between lots 27-30 and 31. A landscape plan indicates the location of a sport court and open lawn area. To ensure that residents moving into the earlier constructed homes have this open space for their use, the following conditions should be applied: A. The active open recreation area shall be constructed and operable upon completion of 50 percent of the homes within the Planned Unit Development. B. Lawn areas shall be planted using typical lawn planting techniques • (e.g. 4 inches 5-way topsoil, seed or sod, irrigation system, etc. ) . 9 Staff Report Dover Place #SU-89-2 and #PUD-89-1 C. The active open recreation area shall be permanently maintained by the home owners association. A maintenance agreement to this effect shall be included in the Conditions, Covenants and Restrictions for the project. 3) Storm Water Drainage:- A two (2) percent density bonus may be authorized if storm water drainage control is accomplished using natural off-site drainage features. Natural drainage features may include . streams, creeks, ponds, etc. Planning Department Comment: Natural off-site drainage features used for storm water drainage control have not been proposed for this site. Therefore a two (2) percent density bonus can not be granted for this project. 4) Native Vegetation: A four (4) percent density bonus may be authorized if at least fifteen (15) percent of the native vegetation on the site is left undisturbed in large open areas. Planning Department Comment: According to the site plan, fifteen (15) percent of the site (49 , 658 square feet) .will be retained as native vegetation. The area designated to be retained as native vegetation includes the area around the perimeter between the proposed lots and property lines. A tree plan showing the location of all trees on the site with a caliper of six inches or greater has been submitted. To ensure that the native vegetation is left undisturbed during construction and permanently retained as native vegetation, the following conditions should be applied: A. No construction practices of any kind shall take place within the area designated to be retained in native vegetation. This excludes such activities as: vehicle maneuvering, materials storage, etc. B. The Conditions, Covenants and Restrictions for the project shall require the proposed native vegetation area to be designated as permanent and be left as native vegetation. Further, no voting 10 Staff Report Dover Place # sU-89-2 and 4PUD-89-1 majority by any organized home owners association shall compromise or nullify the conditions of this PUD. 5) Parking Lot Size: A two (2) percent density bonus may be authorized if off-street parking is grouped in areas of sixteen (16) stalls or less. Parking areas must be separated from other parking areas or buildings by significant landscaping in excess of Type V standards as provided in Section 15. 05. 070, Kent City Code. At least fifty (50) percent of these parking areas must be designed as outlined above to receive the density bonus. Planning Department Comment: Due to the type of development proposed (single-family) , off-street parking grouped as mentioned above can not be achieved. This type of . off-street parking requirement is typically used for mixed use, multifamily or commercial developments. Therefore a two (2) percent density bonus can not be granted for this project. 6) Mixed Use Types: A two (2) percent density bonus may be authorized if a development features a mix of residential housing types. Single-family residences, attached single units, condominiums, apartments, and townhomes are examples of housing types. The mix need not include some of every type. Planning Department Comment: The proposed project shall consist of only one type (single-family) of housing unit. A mix of housing types is not proposed. Therefore a two (2) percent density bonus can not be granted for this project. 7) Protect Planning/Management: A two (2) percent density bonus may be granted if a design/development team is used. Such a team would include a mixture of architects, engineers, landscape architects, and designers. A design/development team is likely to produce a professional development concept that would be consistent with the purpose of the regulations. 11 Staff Report Dover Place #SU-89-2 and #PUD-89-1 Planning Department Comment: A team of designers has been used by the applicant for this project. These include architects, a landscape architect, and engineers. Therefore a two (2) percent density bonus may be granted for this project. Density Bonus Determination: The underlying zoning for the subject property allows 34 . 48 units. The applicants have fulfilled the requirements of numbers 1, 2 , 4 , and 7 , therefore, a fourteen percent (14 percent) density bonus may be granted. This increase would allow an additional 4 . 84 units resulting in a development potential of 39 . 32 units or 39 total developable lots for a single-family PUD. II. HISTORY A. Site History The proposed 39-lot subdivision and Planned Unit Development was reviewed by members of the Subdivision Committee at a tentative plat meeting held on June 1, 1989 . All relevant comments and concerns discussed at the meeting are included in the staff report. B. Area History The site is located at the northern boundary of the recent 142 acre East Hill Well Annexation, Area I, which was incorporated into the City in 1987 . Annexation of the area occurred as a result of local residents needing to obtain water services from the City. After much deliberation by the City Council and community input, the annexation area was predominantly zoned R1-9 . 6, Single-family Residential . Review of City and County maps indicate that a considerable amount of subdivision activity has occurred in the area prior to annexation. Most of the subdivision activity has occurred directly east of 104th Avenue SE and south of the subject property. The Brier Lane Subdivision abuts the subject property to the 12 Staff Report Dover Place #SU-89-2 and #PUD-89-1 south. This subdivision as well as other plats within the vicinity were developed in King County prior to annexation. King County permits a lot averaging system that allows for a variety of lot sizes. For this reason, some lots may be less than the 7,200 minimum required under City of Kent standards. III. LAND USE Land use in the area is best described as transitional. Some rural single-family residential development is located north and west of the subject property. The area east of 104th Avenue SE (in King County) is more densely developed with single-family residences on smaller lots that are part of larger subdivisions. Directly south of the site is the previously mentioned Brier Lane subdivision. An apartment complex with related parking area is located northeast of the site on 104th Avenue SE. Land uses further south on the west side of 104th Avenue SE consists of a large apartment complex, office and retail uses. IV. ENVIRONMENTAL CONCERNS A. Environmental Assessment A final Mitigated Declaration of nonsignificance (#ENV- 89-33) was issued on June 14 , 1989 with the following conditions: 1. Provide storm drainage detention and biofiltration of the storm water runoff prior to it entering the City- system. 2 . Analyze the downstream system to insure that adequate capacity exists. If adequate capacity does not exist, the developer shall make the necessary improvements thereto subject to City review and approval thereof. 3 . Discharge of runoff from the site* shall be at a non-erosive point in the drainage system. 4 . The developer shall conduct a traffic study to identify all traffic impacts upon the City of Kent road network and traffic signal system. The study 13 Staff Report Dover Place #SU-89-2 and #PUD-89-1 shall• identify• . all intersections at level-of- service "E" or "F" due to increased traffic volumes from the development. These intersections are at a threshold level for traffic mitigation. The study shall then identify what improvements are necessary to mitigate the development impacts thereon. Upon agreement by the City with the findings of the study and the mitigation measures outlined in the study, implementation and/or construction of said mitigation measures shall be the conditional requirement of the issuance of the respective development permits. In lieu of conducting the above traffic study, constructing and/or implementing the respective mitigation measures hereby, the developer may agree to the following conditions to mitigate the traffic impacts resulting from the proposed addition. A. The developer shall execute an environmental mitigation agreement to financially participate and pay a fair share of the costs associated with the construction of the South 224th/228th Street corridor project. The minimum benefit to the above development is estimated at $41, 964 based on 39 PM peak hour trips entering and leaving the site and the capacity of the South 224th/228th Street corridor. The execution of this agreement will serve to mitigate traffic impacts to the above mentioned intersection and road system by committing funding for the South 224th/228th Street corridor, which will provide additional capacity for traffic volumes within the area of the above mentioned development. 5 . Execute a signal participation agreement for the future construction of a traffic signal at the intersection of SE 228th Street and SR-515 if warrants are met and determined necessary by the City' s Traffic Division. 14 Staff Report Dover Place #SU-89-2 and #PUD-89-1 6. Deed right-of-way to WSDOT for proposed improvements to SR-515. Contact WSDOT for exact right-of-way needs. B. Significant Physical Features 1. Topography and Vegetation A single-family residence and a large barnlike structure are located on proposed lot 36 at the southwest corner of the subject property. The topography of the site is relatively level with a moderate increase in elevation from west to east. The site has a variety of native vegetation consisting of a dense ground cover of grasses, shrubs and stands of mature deciduous and evergreen trees. C. Significant Social Features 1. Street System All of the proposed lots will have direct access to 103rd Avenue SE and SE 228th Street from the proposed private road. No access will be permitted for any lot from 104th Avenue SE. SE 228th Street . at this location is classified as a local arterial with a right-of-way width of fifty feet and forty feet of actual pavement width. The average daily traffic count on the street is 2000 vehicle trips per day. 2 . Water System An existing eight inch water main located in 103rd Avenue SE at the southern property line is available to serve the proposal. An existing eight inch water main line located adjacent to the site along 104th Avenue SE and can also serve the site. 3 . Sanitary Sewer System An existing eight inch sanitary sewer main located at the southwest • corner of the property is available to serve the site. 15 Staff Report Dover Place #SU-89-2 and #PUD-89-1 4 . Storm Water System The applicant will be required to provide on-site storm water detention in accordance with the City Drainage Code. Any natural drainage course across the property should be maintained. 5 . LID' s None at the present time. v. CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application: City Administrator City Attorney Director of Public Works Chief of Police Parks & Recreation Director Fire Chief Building official City Clerk In addition to the above, all persons owning property which lies within 300 feet of the site were notified of the application and of the public hearing. Staff comments and concerns have been incorporated in the staff report where applicable. On August 11, 1989 the Fire Department received a letter from the applicant regarding agreed upon conditions to minimize any potential fire hazards in conjunction with the planned unit development. These conditions are included with the conditions of approval for the proposed PUD. The Planning Department received a copy of a petition signed by 49 local residents opposed to the project. The objections relate to fire safety issues, limited access, increased density, reduced street width and other concerns. The original petition will be officially entered into the record at the public hearing for the proposal. On June 20 , 1989 the Planning Department received a letter from the Superintendent of the Kent School District which emphasized the critical shortage of classroom space for new students. The School District is unable to build new schools fast enough to accommodate the rapid growth that the Kent 16 Staff Report Dover Place WSU-89-2 and 4PUD-89-1 area is facing. The Superintendent stated in his letter, "In short, we do not have room for the children that will be generated by this development. " Several conditions of approval were suggested by the School District some .of which included; require a contribution from the developer to the school district to offset the costs of providing temporary facilities for students generated by these developments ; urge the developer to create an area near the center of the development that would be landscaped, equipped, and dedicated as a children' s play area; include bus turn-outs and full sidewalks as safety features for children using school bus service. The City is unable to implement these conditions without the legislative authority to do so. The comments are included as a courtesy to the School District. VI. PLANNING DEPARTMENT REVIEW The Planning Department has reviewed this application in relation to the Comprehensive Plan, present zoning, PUD ordinance, Subdivision Code, land use, street system, flood control problems and comments from other departments and finds that: A. The City-wide Comprehensive Plan Map designates the site as SF, Single-family Residential . B. The East Hill Comprehensive Plan Map designates the site as SF, Single-family with a density of 4-6 units per acre. C. The site is presently zoned R1-9. 6, Single-family Residential, 9600 square foot minimum lot size. D. The Planned Unit Development ordinance provides for both reduced lot size and lot width if 35 percent of the entire site remains in open space and other bonuses are granted. E. The underlying zoning for the subject property allows 34 . 48 units. The applicants have fulfilled the requirements of numbers 1, 21 4 , and 7 of the Density Bonus Standards, therefore, a fourteen percent (14 percent) density bonus may be granted. This increase 17 Staff Report Dover Place #SU-89-2 and #PUD-89-1 would allow an additional 4 .84 units resulting in a development potential - of 39 units. F. The proposed Planned Unit Development (PUD) and subdivision will provide for 39 detached single-family houses at a density of five units per acre which falls within -the density specified for the SF-6, Single-family, designation of the East Hill Comprehensive Plan Map. G. The proposed Planned Unit Development and subdivision will have access to SE 228th Street via a -private road and all improvements to the site will conform to. the requirements of the Kent Subdivision Code and ' the Planned Unit Development ordinance. H. The Hearing Examiner shall determine whether to grant, deny, or condition an application for a Planned Unit Development based upon the following review criteria: Residential Planned Unit Development Criteria: 1. The proposed PUD project shall have a beneficial effect upon the community and users of the development which would not normally be achieved by traditional lot-by-lot development and. shall not be detrimental to existing or potential surrounding land uses as defined by the Comprehensive Plan. Planning Department Finding A 30-foot common open space buffer is proposed for the perimeter of the site. This open space buffer is to consist of existing vegetation, (including a number of mature trees) , enhanced along the southern and eastern boundaries by the proposed planting of evergreen conifers. The inclusion of this buffer gives neighbors an additional 30 feet of visual and physical privacy than might be afforded by standard site development. Under standard R1-9 . 6 zoning, common open space and required areas for active and passive recreation is not a requirement. A sport court and open lawn area has been proposed to serve the residents of the development. Standard subdivision regulations also do not require this type of amenity. 18 Staff Report Dover Place #SU-89-2 and #PUD-89-1 2 . Unusual environmental features of the site shall be preserved, maintained and incorporated into the design to benefit the development and the community. Planning Department Finding No unusual environmental features exist on this site. However, according to the site plan, fifteen (15) percent of the site (49 , 658 square feet) will be retained as native vegetation as required by the PUD ordinance. The area designated to be retained as native vegetation includes the area around the perimeter between proposed lots and property lines. A tree plan showing locations of all trees on site with a caliper of six inches or greater has been submitted. Under a typical subdivision application, percentage requirements for retaining natural vegetation do not exist. Using a typical 9 , 600 square foot lot layout, a higher percentage of trees may be removed than the proposed PUD application. 3 . The proposed PUD project shall provide areas of openness by using techniques such as clustering, separation of building groups, and use of well designed open space and/or landscaping. Planning Department Finding As previously mentioned, using regulations of the existing PUD ordinance, the proposed plan will retain at least 35 -percent of the site as common open space. 10 percent is dedicated to passive use, 10 percent for active recreation, and 15 percent is preserved as native vegetation. Evergreen conifers are proposed along the south and east open areas helping to screen adjacent developments to the south, and 104th Avenue SE from the proposed development. 4 . The proposed PUD project shall promote variety and innovation in site and building design. Buildings in groups shall be related by common materials and roof styles, but contrast shall be provided 19 Staff Report Dover Place #SU-89-2 and #PUD-89-1 throughout the site by the use of varied materials, architectural detailing, building scale and orientation. Planning Department Finding As mentioned on page 5, the proposed project will provide 39 additional single-family homes for the City of Kent. Samples of floor plans submitted indicate homes ranging in size from 1222 to 1910 square feet, for one-and two-story homes respectively. These homes will add to existing single-family housing stock of Kent, and will also add to the mix of housing types within the community. Thus far, three different housing plans have been submitted to, the Planning Department. One home is a one level rambler style, while the other two are two-story structures. The applicant has stated that as many as five different housing plans will be constructed within the development. 5 . Building design shall be based on a unified design concept, particularly when construction will be in phases. Planning Department Finding All homes are proposed as single-family structures, each with a two-car garage. Buildings plans submitted indicate different square footages, but overall, similarity in style does exist. VII. CITY STAFF RECOMMENDATION Upon review of the merits of this request and the Code criteria for granting a Planned Unit Development and a Preliminary Subdivision, the City staff recommends APPROVAL of the proposed seventeen lot subdivision subject to the following conditions: A. Conditions applicable to the Planned Unit Development: 1) The final subdivision plat shall bear a notation clearly stating the total dimension of "Tract B" including the percentage of open space; that the 20 Staff Report Dover Place #SU-89-2 and #PUD-89-1 tract shall be retained as permanent open space and that the tract shall not be further subdivided. 2) The active open recreation area shall be constructed and operable upon completion of 50 percent of the homes within the Planned Unit Development. 3) Lawn areas shall be planted using typical lawn planting techniques (e.g. 4 inches 5-way topsoil, seed or sod, irrigation system, etc. ) . 4) The active open recreation area shall be permanently maintained by the home owners association. A maintenance agreement to this effect shall be included in the Conditions, Covenants and Restrictions for the project. 5) A maintenance agreement for all private streets within the Planned Unit Development shall be included in the Conditions, Covenants and Restrictions for the project. 6) No construction practices of any kind shall take place within the area designated to be retained in native vegetation. This includes such items as: vehicle maneuvering, materials storage, etc. 7) The Conditions, Covenants and Restrictions for the project shall require the proposed native vegetation area to be designated as permanent and be left as native vegetation. Further, no voting majority by any organized home owners association shall compromise or nullify the conditions of this PUD. 8) The development shall have yellow "NO PARKING" painted on the private roadway at 50 foot intervals. 9) In the Covenants, Conditions and Restrictions for the development, it shall stipulate that on a bi- yearly basis a mailer shall be sent to all homeowners at DoverPlace on reminding street eet e due that parking is not per to potential fire hazard. 21 Staff Report Dover Place #SU-89-2 and #PUD-89-1 10) The developer shall install five signs that shall read."NO PARKING ON THE STREET BY ORDER OF THE FIRE MARSHALL" . 11) The applicant shall submit to the Planning Department a recorded copy of the final version of the _Covenants, Conditions and Restrictions, which include the aforementioned conditions of approval for the Planned Unit Development prior to issuance of any building permits for the site. B. Prior to recordation of final plat: 1) Proposed private streets shall be designed to meet City standards regarding pavement structure, and shall have cement concrete curb, cement concrete sidewalks, street lighting, drainage system, street name signs and other appurtenances associated with good street construction practices. 2) Deed 20 foot right of way along 104th Avenue SE to City for street purposes. 3) Provide utility easement to City for the sewer, water and storm drainage. Also provide easements for each individual lot to said utility. 4) Provide copy of associated articles denoting the provisions for maintenance and operation of the private streets, sidewalks, street lights, street name signs, open space, parks and facilities, private drainage system, etc. to City for review and approval. Said articles also shall reflect each- rights of lot owners to utilize said street and related facilities. 5) On-site storm detention is required and water release off the site shall be at a non-erosive point. Said system shall be designed to service not just the development but the entire drainage basin tributary. Extension of the storm drain facilities to adjacent property lines may be required along with granting the necessary easements to the City. 6) Provide public water system to meet fire flow and domestic flow requirements (minimum size line shall 22 Staff Report Dover Place #SU-89-2 and #PUD-89-1 be six-inch diameter) . The main shall be extended to service adjacent properties as determined necessary by the Public Works Department. 7) Provide public gravity sewer service to all lots. Said sewers shall be extended to adjacent property lines as determined necessary by the City. 8) Access to lot 36 shall be provided by the internal private road rather than 104th Avenue S . 9) No direct vehicular access shall be allowed to the proposed development from 104th Avenue SE. These conditions will be in addition to the SEPA conditions already imposed on the project. KENT PLANNING DEPARTMENT August 29, 1989 23 CITY. OF. KENT planning.. 16 \ \ • T od.lr:.12 15 cam \ t 7t4 2\ 1 \ 1315xw r:'' \ (I I 24 \ 1 0 \ \\ t .2 \ \25 -rile EU9 \ \ Y N •\ 11\ \ S. ? �_ \ 27TrL \b' 10 128 �� �\T'Iv r\\ 3\11 .32 I I 8 `\ If I 'P t\ \ 34 mil. J",a'l+ _ % •\ •i /7�/ � �J..+. IN•MJf J )I �.rvr.n�a*•!-_- _ l PFIVi'TrF'�fbrU �� 1 Jl 1 r ....,.. •, � 1,2 t. 38 Sl...afi... 1„1 ♦ oto.l 7 6. \5 4 1 3 DI '. �r..:��-v' N M•1!•!i W I I !1' 1f' �nv,uJ[flI +a' \ \ I JA I I 1 I ' i5 !.i IN II i z4 ll 1; �rL` 27 76 I 2J I I I � '\ v � 1 223th...Street_ a APPLICATION Name Dover Place LEGEND Number #SD-89-2 Dale September 6, 1989 application site zoning boundary Request preliminary Plat CIIy limns SITE PLAN SCALE = No scale .CITY_ Or. DENT planning.. kk rt IS CD 1 I.. , I.r'-� 1 P• 1'� : C o DER.J. Ll Gov: 7j ��� 1`I • 4 . � n Q MRG AppLICATION Name Dover Place LEGEND .Number #SU-89-2 Date September 6, 1989 = application, site ._. zoning boundary Request Preliminary Plat -- city limits TOPOGRAPHY/ZOIJING MAP SGALE 111 = 4001 CITY OF. KENT planning.. SE 1219TH •• 770TH W t. ..wM jsm ■ON Ir H ST rt ■ ■ w �1 In W In " m �� ■ o,■ ■• o SE 222HO . , 222ND ST ST Sl$ w ( 3 , \ < Y O W W 1 " / ti SE zzlTH ST �J t+d ■ I F3 I SOS SE P`O- W Oy SL ` ' • . it�!. 06'r 225TH " In m224TH Q ■ < $. SE ST J < a E STH w rl ■� E 225t H Y _~." r �F J\ SITE ,SE 226TH P` 6 ^>■ v ST ■ N ■ y ]: >W 2 W 1 1' SE �a �.l S 228TH r 221TH ST�> 1 ST I SE 228TH ST< SE 228TH ST w ■SE 229r /p " ■ " M 5W I-��yS29T% w w I wl uwi PL Q\' ��J ST 1-• t ■i■■o1.1w < ■ (Pvt) iPvQ '^ > yt'r �\. SE 230 H 1 < r ST ■ F SE 7'tiST •= SE rJ6~ •t•It SE 231S7 W PELE ,o ARK :j S 2315T Sr ,�I� 230TH\ 1 ST =" ■SCH °' ■ ST (Pvl) <■O PL. �0 sf 232HO ST ^> ■ S 232ND I S 232ND d ISE 232ND ST rWn SE •-< E 232H ST •� ST _ ■ SE 232ND PL 232ND Id• ST ■ I `1 > PL - oy " ■ ' o■ A SE 233RD P(• �N y4 ■ e, e O t STH�1 I0�1� r r n O ■ ■ w Si 236TH ST AVE SE I '� <.IS 736iH " 1�1�f �■1 fSt lr■ �: ■ (Pvl) I ST In to 1 = o I" SE 236TH PL W t ._r m■ > u SE 237TH ST < W A >` = Q ji ^�1 ,1■f�■ " (P"t) 07 SE 239TH S7 W z ( ) 0i$238TH L. Wuxi;■ O" ..`✓ ,- w ST N $ p m _ z N� 5.239t PL ^ z m l : ol> - 240 ST 1 APPLICATION Name Dover Place F D Number #Su-89-2 -Date September 6, 1989 application site zoning boundary Request Pre] Jminary Plat city limits VICINITY MAP SCALE = it, = I000;1 1 z Kent City Council Meeting 111 1 Date November 21, 1989 Category Other Business 1. SUBJECT: GREEN RIVER CORRIDOR TRAIL 2 . SUMMARY STATEMENT: Authorization is requested to accept complete the Green River Corridor Trail section adjacent an Doren's Landing Park and to release retainage to Golf Landscaping upon receipt of state release. Conya $Addal costTott $15,89 .79 3 . EXHIBIT N/A 4 . RECOMMENDED B Parks Departmeaft (Committee, aff, Examin6t', Commission, etc. ) i 5. UNBUDGETED FISCAL ERS F.T. IMPACT: NO�_ YES FISCAL PE NOTE: Re ommended Not Recommended 6 . EXPENDI REQUIRED: N/A SOURCE pf FUNDS: existing prolect,budaet 7 . CITY COUNCIL ACTIO Councilmember Aoveds C-""'"_ ��or [14��_secongiW_44 ----to release the retainage as requested. Ae rno/�62 C'a.ro e- DISCUSSION: ACTION• 1 Council Agenda Item No. 4B Kent City Council Meeting Date November 21 , 1989 Category Other Business r y.. L� 1. SUBJECT: SENIOR HOUSING BOND ISSUE ;-- N.-L 2 . SUMMARY STATEMENT: The Mayor's Assisted Housing Committee has recommended that the City Council resubmit a $6.7 million voter-approved bond measure on the February 6, 1990 ballot. Proceeds from the bond would build a minimum of 92 units of senior housing, which is estimated to meet approximately 25 percent of the identified need for low income senior housing in Kent. `This proposed bond issue received a 68 percent approval vote in the November 6 general election, but failed to validate due to insufficient voter turnout+ 3 . EXHI TS: Ordinance 4 . RECOMMENDED BY: Navor's Assisted Housing Committee Planning Committee ,8/15489) and Operations Committee (8/15/89) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED EISCAUPERSONNEL IMPACT: r'',, NO YES CAL Re 1� FIS PE ONNEL TE: commended,! Not Recommended 6. EXPENDITdRE REQUIRED: $6. 7 million SOURCE O FUNDS: voter approved general obligations funds 7 . CITY COUNCIL ACT�I�ON: Councilmember move4, seaands to prove � Ordinance No. 3M5 directing the Planning Department, Finance Department, City Attorney, and City Clerk to resubmit a $6. 7 million voter-approved bond measure on the February 6, ,(1990 ballot. + ii -t� sev Secc�nded" Mc.iic>�� ccFrr ec4 ��� die (�Civ'•, �n� k}c_ e �; - � sct.�5s vie ti CA n vCu 1 -+ h e- DISCUSSION• ACTION: Council Agenda Item No. 4C MARCHIONE,JOHN / KENT70/FN - HPDesk print. ------------------------------------------ 5" -bject: SENIOR HOUSING BOND ISSUE FISCAL NOTE W.„,aator: John MARCHIONE / KENT70/FN Dated: 11/16/89 at 1210. THE IBC RECOMMENDS PLACING THE SENIOR HOUSING BOND ISSUE ON THE SPRING BALLOT AS OPPOSED TO USING COUNCILMANIC DEBT. IT HAS BEEN A GOAL OF THE IBC, THE COUNCIL, .AND THE CHAMBER OF COMMERCE TO LOWER THE CITY'S COUNCILMANIC DEBT. BY PLACING THE ISSUE ON THE BALLOT, THE CITY ALLOWS THE CITIZENS TO DECIDE THIS IMPORTANT ISSUE. THE 6. 7 MILLION DOLLAR ISSUE WILL COST TAX PAYERS ROUGHLY $27 IN THE FIRST YEAR FOR A $100, 000 HOUSE, IF APPROVED WITH A 60 PERCENT "YES" VOTE AND ENOUGH VOTERS TO VALIDATE THE ELECTION. VALIDATION SHOULD BE EASIER WITH APPROXIMATELY ONLY 1, 800 VOTES NEEDED FOR VALIDATION AS OPPOSED TO 4 ,476 NEEDED IN THE NOVEMBER 7TH ELECTION. �c ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, providing for the submission to the voters of the City at a special election to be held therein on February 6, 1990 of a proposition authorizing the City to incur indebtedness by issuing its general obligation bonds in a par amount not to exceed $6,700,000, payable by annual property tax levies to be made in excess of regular property tax levies, for the purpose of paying all or a part of the cost of providing housing and related facilities for low-income senior citizens in the City and to levy those excess property taxes. WHEREAS, there exists a severe shortage of safe, sanitary and affordable housing and related facilities in the City of Kent, Washington (the "City") , for low-income senior citizens; and WHEREAS, to provide that housing and those related facilities, it is deemed necessary and advisable that the City issue its unlimited tax general obligation bonds in the principal amount of not to exceed $6,700,000; and WHEREAS, the Constitution and laws of the State of Washington require that the question of whether or not the City may issue unlimited tax general obligation bonds for that purpose must be submitted to the qualified electors of the City for their ratification or rejection; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Definitions. As used herein, the following words shall have the following meanings: "Bond" or "Bonds" means any or all of the general obligation bonds of the City issued pursuant to this ordinance, or any series of those bonds. "City" means the City of Kent, Washington. "Housing Law" means RCW 35.21.685, Chapter 35.82 RCW, Chapter 35.83 RCW, RCW 36.39.060, as now exist or are hereafter amended, and such other laws as now or hereafter authorize the _» City to provide or to participate in the provision of funds for capital expenditures for housing and related facilities for Low-Income Senior Citizens. "Legislative Authority" means the Mayor and City Council of the City. "Low-Income" means an income equal to or less than 80% of the median income of persons in King County, or shall mean such other income level as shall be set by subsequent ordinance of the City. "Project" means that project described in Section 3 of this ordinance, as it may be amended by subsequent ordinance of the City. "Senior Citizens" means persons over the age of 62 years. Section 2. Findings and Determinations. The City Council finds that there exists a critical shortage of housing and related facilities in the City for Low-Income Senior Citizens. Existing sources of funds to make capital expenditures to provide that housing and those related facilities, including funds from the Housing Authority of King County, federal grants and housing assistance programs, are insufficient to meet fully the existing and projected needs for that housing and those related facilities. Financial resources in an amount not exceeding $6,700,000, to be used by the City, by the Kent Housing Authority (in the event that it is subsequently empowered by the City to do so) , by the Housing Authority of King County or by any other public or private developer or owner of housing and related facilities for Low-Income Senior Citizens, would make it possible to provide 92 or more additional units of housing and related facilities to serve Low-Income Senior Citizens within the City. Based upon the foregoing facts and findings, the City Council further finds that the public interest requires that the City provide funds for the capital costs of acquiring and constructing such housing and related facilities. That assistance shall be provided in the manner hereinafter set forth and at the - 2 - time or times deemed most necessary and advisable by the Legislative Authority of the City. The City Council further finds and declares that the expenditure of public funds and the acquisition of property or property rights necessary for the design, development, acquisition, construction, rehabilitation and equipping of housing and related facilities for Low-Income Senior Citizens pursuant to this ordinance is for a public use and a public and strictly municipal purpose. Section 3. Description of Project. The City shall itself plan, design, acquire land for, develop, construct, rehabilitate, acquire and equip housing, together with related facilities, for Low-Income Senior Citizens within the City. In lieu of undertaking these activities itself, the City may aid and cooperate with the Kent Housing Authority (in the event that it is subsequently empowered by the City to do so) , the Housing Authority of King County or any other public or private developer or owner of housing and related facilities for Low-Income Senior Citizens, to undertake these activities. In the latter event, the expenditure of the proceeds of the Bonds and the development, construction, rehabilitation, acquisition, equipping and operation of the housing and related facilities for Low-Income Senior Citizens shall be administered pursuant to an agreement or agreements entered into pursuant to the Housing Law to fund as necessary the capital costs of one or more housing projects for Low-Income Senior Citizens within the City. The Legislative Authority of the City must approve any agreement or agreements, if any, by ordinance. If the Project is undertaken by other than the City, such agreement or agreements shall contain criteria for projects to be developed, constructed, acquired, rehabilitated and equipped by the public or private developer or owner. The agreement or agreements also shall establish a procedure for City review of proposed projects in accordance with such criteria and for disbursement of Bond proceeds by the City Finance Director, and shall contain such other provisions as the Legislative Authority of the City and the public or private developer or owner agree are necessary and appropriate to carry out the purposes of this ordinance. 3 - Section 4. Authorization of Borrowinu. The City shall borrow not to exceed $6,700,000 on the credit of the City and issue and sell its general obligation bonds in that par amount for " strictly municipal capital purposes, other than the replacement of equipment, to provide the funds to provide housing and related facilities for Low-Income Senior Citizens within the City through the accomplishment of the Project. Costs of engineering, planning, financial, legal and other services lawfully incurred incident to the Project shall be appropriate capital costs to be paid from the proceeds of the Bonds. Section 5. Description of Bonds. The Bonds shall be issued as a single issue, as a part of a combined issue with other authorized bonds, or in more than one series. The Bonds shall be fully registered; shall bear interest payable as permitted by law; shall mature within twenty years from their date or within any shorter period fixed by the City Council; shall be paid by annual property tax levies sufficient in amount to pay both principal and interest when due, which annual property tax levies shall be made in excess of regular property tax levies without limitation as to rate or amount but only in amounts sufficient to pay both principal and interest when due; and shall be issued and sold in the manner, at the times and in the amounts as shall be required for the Project. The exact date, form, terms, option of prior redemption, price, interest rate or rates and maturities of the "~ Bonds shall be fixed hereafter by ordinance of the City Council. Pending the issuance of the Bonds and receipt of their proceeds, the City Council may authorize the issuance of short-term obligations pursuant to Chapter 39.50 RCW, and the costs of those short-term obligations shall be included in the cost of the Project for which the Bonds are issued. Section 6. Submission to Electors. The City Council finds that an emergency exists which requires constructing the facilities comprising the Project, and the Director of Records and Elections of King County, Washington, is requested to concur in that finding and to call and conduct a special election to be held in the City on February 6, 1990 for the purpose of submitting to the qualified electors of the City for their approval the question of whether or not the City shall borrow not to exceed $6,700,000, 4 - issue its general obligation bonds in that par amount for capital purposes only, other than replacement of equipment, and levy excess taxes necessary to redeem the Bonds as herein set forth. M Section 7. Certification to Director of Records and Elections. The City Clerk is directed to certify to the Director of Records and Elections of King County, Washington, at least 45 days prior to the February 6, 1990 special election date a copy of this ordinance and the proposition to be submitted at that special election in the form of a ballot title as follows: PROPOSITION LOW-INCOME SENIOR CITIZEN HOUSING BONDS - $6,700,000 Shall the City of Kent, Washington, borrow $6,700,000 to pay costs of designing, acquiring, developing, constructing, rehabilitating and equipping low-income senior citizen housing and related facilities in the City by selling general obligation bonds therefor maturing within 20 years and levy annual excess property taxes necessary to pay and retire the bonds, as provided in Ordinance No. BONDS YES L/ BONDS NO L/ Section 8. Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of final passage. DAN KELLEHER, MAYOR ATTEST: MARIE JENSEN, CITY CLERK - 5 - APPROVED AS TO FORM: SANDRA DRISCOLL, CITY ATTORNEY PASSED the day of , 1989. APPROVED the day of 1989. PUBLISHED the day of 1989. I hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) MARIE JENSEN, CITY CLERK 7720-270 6 - Al Kent City Council Meeting Date November 21 , 1989_ Category Other Business 1. SUBJECT: HUMAN SERVICE ROUNDTABLE ACTION AGENDA FUNDING PACKAGE 2 . SUMMARY STATEMENT: In April , 1989, the Human Services Roundtable adopted an "action agenda" to act regionally to meet the pressing human services needs of County residents. As the next step in the process, the Roundtable at its December 5 meeting will vote on a regional revenue package to fund the implementation of the action agenda. 3 . EXHIBITS: Staff memo, Roundtable resolution, regional revenues, task force recommendations, Human Services Commission 10/25/89 minutes, Planning Committee 11/7/89 minutes. 4 . RECOMMENDED BY: Human Services Commission 10/26/89 Planning Committee 11/7/89 (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT• NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: N/A SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmemberlk'mv moves, Councilmember seconds to ap rov disapprove the endorsement of the Human Services Roundtab e Resolution for a funding package to support the Roundtable's action agenda. DISCUSSION: r� ACTION• Council Agenda Item No. 4D C2 MARCHIONE,JOHN / KENT70/FN - HPDesk print. ------------------------------------------ P--bject: HUMAN SERVICES ROUNDTABLE REVENUE OPTIONS FISCAL NOTE . ., ator: John MARCHIONE / KENT70/FN Dated: 11/16/89 at 1231. THE IBC RECOMMENDS SUPPORTING THE HUMAN SERVICES ROUNDTABLE RESOLUTION TO SEEK A REGIONAL STRATEGY FOR HUMAN SERVICES. THE CITY OF KENT HAS PLAYED A MAJOR ROLE IN PROMOTING HUMAN SERVICES IN THE SOUTH END OF THE COUNTY. THE ROUNDTABLE'S PROPOSAL WILL' STRENGTHEN THE CITY OF KENT'S EFFORTS WHILE SPREADING THE COST OF HUMAN SERVICES TO ALL RESIDENTS OF KING COUNTY. KENT PLANNING DEPARTMENT October 31, 1989 MEMO TO: JUDY WOODS, CHAIR; AND MEMBERS OF COUNCIL'S PLANNING COMMITTEE FROM: LIN BALL, SENIOR PLANNER SUBJECT: HUMAN SERVICES ROUNDTABLE ACTION AGENDA REVENUES PACKAGE In April of this year the regional Human Services Roundtable adopted the "Action Agenda" as a plan to act regionally to meet the pressing human services needs of county residents. The Action Agenda proposes solutions in the five areas of regional human services needs identified as highest priority in the one-year planning project. These areas are: * Child Care * Employability * Family Support * Health Care * Housing As the next step in the process, the Roundtable at its December 5th meeting will vote on a regional revenue package to fund the implementation of the "Action Agenda" . The revenue package recommendations were prepared by a Regional Revenues Task Force made up of representatives from the private sector, the community, and the Human Services Roundtable. The Roundtable at its September meeting voted to go to the individual Roundtable member' s Councils asking for endorsement of a resolution which supports a broad-based and flexible funding package for implementation of the Action Agenda. The Roundtable is not asking for city dollars to support the Action Agenda. Funding is proposed through taxing measures, through resources generated at the state level, and through cooperative action with other local taxing districts. A copy of the Regional Revenues Task Force revenue package recommendations and a copy of the Roundtable ' s Resolution are attached. The Human Services Commission discussed the proposed revenue package at its October 26 meeting, and voted unanimously to recommend to the City Council endorsement of the Human Services Roundtable' s Resolution for a funding package for the Roundtable Action Agenda. Recommended Action Planning Committee recommendation to the full City Council to endorse the Human Services Roundtable' s Resolution for a funding package to support the Roundtable ' s Action Agenda. LB:ca Attachments KENT PLANNING DEPARTMENT November 16, 1989 MEMO TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS FROM: LIN BALL, SENIOR PLANNER SUBJECT: HUMAN SERVICES ROUNDTABLE - ACTION AGENDA FUNDING PACKAGE STAFF RECOMMENDATION: ENDORSEMENT OF THE HUMAN SERVICES ROUNDTABLE'S RESOLUTION SUPPORTING THE ACTION AGENDA FUNDING PACKAGE. Background• In April of this year the regional Human Services Roundtable adopted the "Action Agenda" as a plan to act regionally to meet the pressing human services needs of county residents. The Action Agenda proposes solutions in the five areas of regional human services needs identified as highest priority in the one-year planning project. These areas are: * Child Care * Employability * Family Support * Health Care * Housing As the next step in the process, the Roundtable at its December 5th meeting will vote on a regional revenue package to fund the implementation of the "Action Agenda" . The revenue package recommendations were prepared by a Regional Revenues Task Force made up of representatives from the private sector, the community, and the Human Services Roundtable. The Roundtable at its September meeting voted to go to the individual Roundtable member' s Councils asking for endorsement of a resolution which supports a broad-based and flexible funding package for implementation of the Action Agenda. The Roundtable is not asking for city dollars to support the Action Agenda. Funding is proposed through taxing measures, through resources generated at the state level , and through cooperative action with other local taxing districts. A copy of the Regional Revenues Task Force revenue package recommendations and a copy of the Roundtable ' s Resolution are attached. MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS NOVEMBER 16, 1989 Action• The Human Services commission discussed ' the proposed revenue package at its October 26 meeting, and voted unanimously to recommend to the City Council endorsement of the Human services Roundtable ' s Resolution for a funding package for the Roundtable Action Agenda. The City Council Planning Committee discussed the proposed revenue package at its November 7 meeting. Council members Johnson and Woods voted to forward this item to the City Council with an affirmative vote for endorsement of the Roundtable' s Resolution for a funding package for the Roundtable Action Agenda. Councilman Dowell voted to send the resolution to the whole Council without a recommendation. LB:ca Enclosure 2 SFR Lf 1 1220 Smith Tower Seottle, Washington 98104 (206) 623.7134 \ `U �U D_�Pgti RESOLUTION WHEREAS, the human service needs of King County's residents have ri R ,Mayor of Aubburnurn been analyzed and documented through a community-based planning o Campbell,Mayor effort which identified priorities for regional action, and, of 8elleyue hia!sh,Mayor of Bothell Culver,Mayor WHEREAS, creative and innovative solutions to address these needs of lssoquoh Monte,Councllmember have been proposed in the Action Agenda, and, of Kent sill County Ezecuttye WHEREAS, the costs of implementing these solutions have been ey G:uoa,Counc,lmember County Counc:l carefully documented, and, i Coow. Mayor of Kimcnd HulchfMe,ns,C1c,.d member WHEREAS potential revenue sources to cover the costs of the Action of Mercer Islcr,a t en Morch,one,Mayor Agenda are beingidentified now therefore of Red-,ond g ' ' Net, Covn6membe• Of I rles Royr.Mayo, BE IT RESOLVED, that the Human Services Roundtable will propose a of Secnie No!c-d,Caunc,lmember broad-based and flexible funding package to support human services in i,e cty Cojmc:! ence Moriwoki,Counutmember King County. This funding package will draw on resources available of Tuky:::o through local taxing measures, through resources generated at the State Behnke,Choir rd way a!K na county level, and through cooperative action with other local taxing districts. BE IT FURTHER RESOLVED, that the Roundtable will work cooperatively with the Councils and/or Boards of all Roundtable members, with community-based agencies, and with the business community to ensure that the regional revenues package for human services achieves the broadest possible support. Adopted September 27, 1989 2061220 Smith Tower Seattle,Washinglon 98104 623-7134 w REGIONAL REVENUES TASK FORCE RECOMMENDATIONS . Roegner,Mayor Auburn '.om bell,Mayor Berlevue ralsh,Mayor I Bothell uiver,Mayor Ilssogvoh Aann,Councllmember d Kent 1. Ioun"EXeculive What the Action Agenda Costs y Gruger,Councllmember Counl Council Cooper,Mayor a n d of Kirkland Hutchins,Councllmember How To Pay For It A Mercer Island an Morchione,Mayor DI Redmond Jelson,Councilmember of Renton les Royer, Mayor o{seotile Noland,Councllmember de City Council snce Morlwokl,Councilmember of Tukwila Behnke,Chair !d Way of King County E September 1989 REGIONAL REVENUES TASK FORCE Roberta van der Voort John Knoll President Partner United Way of King County Peterson & Company Consulting Gil Anderson Marge Qualls Chief Executive Officer Consumer Affairs Department Physio Control Puget Power and Light Company Doreen Marchione Terry Axelrod Mayor Partner City of Redmond The Axelrod Company Nan Campbell Shani Taha Mayor Deputy Superintendent. City of Bellevue City Light Doris Cooper Sally Mackle Mayor Vice President for Marketing City of Kirkland Overlake Hospital Medical Center Robert Roegner Mary Coltrane Mayor President City of Auburn Seattle League of Women Voters Jane Noland Marilyn Canfield Councilmember Lake Washington East League of City of Seattle Women Voters Tim Hill Barbara Fithian King County Executive King County South League of Women Voters Gary Locke Chair, House Appropriations Committee Connie Proctor Attorney Alston, Courtnage, MacAulay & Proctor Richard Page President Washington Roundtable 31 July 1989 HOUSING EMERGENCY SHELTER AND TRANSITIONAL HOUSING Services . Purchase/rehab single/multi family units for families, single persons, the elderly, youth and special populations . Expand voucher and facility programs . Lease apartment units Indicators . Report prepared for Local Initiatives Support Corporation (LISC) cites the unmet need for 230 beds for families; 100-150 beds for single non-elderly persons; 200 beds for elderly; 130 beds for street youth; 400 beds for al- cohol and substance abusers; 30% of shelter residents are mentally III PERMANENT HOUSING Service Develop/rehab affordable rental housing Indicator . LISC report estimates a need for 4000 family units; 250 elderly units; 20 beds . of semi-independent living and 22-bed residence for people with AIDS HOUSING COUNSELING Service . Expand capacity Indicator . 10,000 calls to Seattle Tenants' Union from King County COSTS Operating First Year Phase-In: $1.2 M Base Year After 5-Year Phase-In: $6 M Capital First Year $20.5 - 24.5 M Total $74.5 - 114.5 M Actlon Agenda Services & Costs Background- 1 HEALTH CARE PRIMARY CARE, INCLUDING OBSTETRICAL CARE Services . Expand community system in areas of King County outside the City of Seattle s . Carry out system development work to tie the clinics, hospitals, specialists and Health Department together into integrated system and to recruit health care providers lndIcators . 9% of all County residents are without health insurance . Report prepared by Committee for Affordable Health Care indicates that 69% of people in King County without insurance are working (75%full-time; 25% part-time) . Health Department shows that significant numbers of people in the County outside Seattle do not have access to health care COST First Year Phase-In: $640,000 ` 0 � Base Year After 5- Year Phase-In: $3.2 M Action Agenda Services & Costs Background-2 EMPLOYMENT JOB TRAINING Services • Occupational skills training; on-the-job training; English language training; basic skills traln- Ing;work experience training • More flexible support services Indicators • By 2000, 60% of jobs will be service sector; 1/2 will require post-high school education, 1/3 will require college degree . Labor shortages and Imbalances caused by fewer young people In labor force, mismatch between skills and jobs, jobs located far from homes of unemployed JOB ACCESS Services • Provide Services to match entry-level workers to employers • Support to employers to Identify prospective employees • Establish Job Access Demonstration Projects • Support services which contain Incentives to work • Employment retention training • Entrepreneurial programs for non-malnstream workers Indicators • By year 2000, a5% of new labor force entrants will be women, minorities, and Immigrants • Job seekers lack contacts, transportation, good Information about job market WORKER SUPPORT Services • Provide technical assistance to employers to retain employees • Workplace literacy programs • Customized training for skills-upgrading • Support for working poor to gain access to training • Retraining Indicators • High turnover among workforce • People are working full-time and are still poor COST T First Year Phase-In: $1 M Base Year After 5-Year Phase-In: $9 NI Action Agenda Services & Costs Background-3 FAMILY VIOLENCE Services . School-based prevention, training, and public education . Outreach demonstration projects and Family Support Worker programs . Court and probation services . Victims' services and housing . Offenders' treatment . Expanded children's treatment and services . Enhancement of elder abuse services Indicators . It is estimated nationally that violence occurs in six of every ten families . An estimated 160,000 women in King County are battered every year . A total of 12,000 domestic violence calls for assistance during 1987 and al- most 2500 petitions for civil protection orders . An estimated 28,000 women and children received crisis, shelter, and coun- seling services . An average of 7,500 new cases are opened with Child Protective Services in King County every year . Elder abuse is believed to occur at a somewhat lesser rate than child abuse COST Operating First Year Phase-In: $9.5 M Base Year After 5-Year Phase-In: $16.3 M —Capital First Year $1.5 M Total $4 M Action Agenda Services & Costs Background-4 CHILD CARE RESOURCE & REFERRAL Services . Information and Referral . Provider Development . Enhanced Services for Employers . Provider Training . Quality Assurance Indicators . Employers and parents cite problems finding child care services . King County indicates need to develop additional child care providers to meet demand SUBSIDIES Services . Provide child care subsidies to families not eligible for DSHS subsidies Indicators . King County estimates that there are B,400 children who are eligible for sub- sidies (and not served by any other program) . 3,300 children in King County are currently enrolled in some type of sub- sidized child care COST First Year Phase-In: $3.9 M Base Year After 5-Year Phase-In: $6 M Action Agenda Services & Costs Background-5 REGIONAL REVENUES Background Information on Possible Revenue Sources September 1989 PROPERTY TAXES Authority: King County is authorized under State Law to levy a County-wide property tax. Current Level: The County currently levies $1.376 per $1,000 of assessed valuation (AV). State law allows $1.80 per $1,000 AV. Annual growth in revenues collected through the county-wide property tax levy Is approximately 9% per year. Restrictlons: State law limits taxing districts to a growth in tax collections of 106°,6 of the largest collection year over the past three years. Approaches: Ud Lift: State law allows taxing districts .to set a new tax rate which then serves as the basis for future compliance with the 106% lid. A lid lift creates ongoing additional revenue generation capacity. This requires 5o°k approval by the voters. Lid lifts have typically been used by fire districts and suburban Jurisdictions. King County has never done a lid lift (see temporary lid lift discussion below). Temporary Lid Lift: The State Law was changed In 1986 to allow a limited waiver of the 106% lid for certain period of time, dollar amount, and/or specific purpose. Once the time period or dollar amount has been reached, the 106% lid Is once again in effect. A temporary lid lift also requires a 50% approval vote by the public. The City of Seattle currently has two temporary lid lifts In place: one for the Art Museum and one for low-Income housing. These were approved by the voters In 1986. The Art Museum lid lift will generate $29,590,000 over six years at a rate of $.175 per $1,000 AV (about $17.50 per year for a $100,000 home). The low-Income housing lid lift will produce $37,481,250 of new revenues over six years at a cost of $.263 per $1,000 AV ($26.30 for a$100,000 property). -Reglonal Revenues-Background InformaUon Page 2 The only county-wkie lid lift In operation now Is funding for the automated Fingerprint Information System. The cost is $.026 per $1,0o0 AV. A number of suburban Jurisdictions also use temporary lid lifts. Excess Levy: State law also allows the County to ask the voters to approve a taxing level which exceeds the $1.80 per $1,000 AV set by State Law. This often takes the form of a taxing district Issuing councilmanic bonds which are then pakf off through temporary property tax Increases. This requires approval by 60% of the voters. Farmlands Preservation ($50M), Woodland Park Zoo ($31M), Harborvlew - Health Department - Community Clinics - Pac-Med ($99M) were funded In this way. Special Levy:Taxing districts can issue limited general obligation bonds or councllmanlc bonds which are then paid back through operating revenues. This does not require a vole of the public. Snoqualmle, Duvall, and Carnation have used this approach to Increase funding for baslc services. Capacity: In 1989, King County has a total AV of$70,629,629,000. Additional property taxes would therefore generate approximately the following dollar amounts: > $.05 per$1,000 AV = $3.5M ($5.00 per year for$100,000 property) > $.10 per$1,000 AV = $7.OM ($10 per year for$100,000 property) > $.20 per$1,000 AV = $14M > $.30 per$1,000 AV = $21M Regional Revenues-Background Information Page 3 PORT AUTHORITY PROPERTY TAX Authority: The Port Authority Is authorized to levy a county-wile property tax. Current Level: The Port currently levies $.436 per $1,000 AV. At present, this generates approximately $30 million, used for real estate and development along the waterfront. State law allows $.45 per $1,000 AV. Annual growth in revenues collected through property tax is approximately 6-9% per year. Approaches: 1) Investing the growth In the revenue In economic development programs. A vote by the Port Commission would be necessary, requiring support from 3 of the 5 Commissioners. The Port will likely support the empioyabllity-related areas of the HSR Action Agenda--the Job training, worker support, and Job access components, possibly Including child care. This option would be easiest to support because it does not actually ral e taxes. 2) Increasing the tax from the current level of $.436 to $.45 per 1,000 AV. — A vote from the Port Commission would be necessary, requiring support from 3 of the 5 Commissioners. 3) Seeking State approval to raise the local taxing authority above the$.45 per 1,000 AV. This approach requires a vote by the State Legislature. Capacity: At 6% growth = $1,800,000 would be generated In the first year; $1,908,000 the next year; $2,022,460 the next; $2,143,830 the next; and $2,272,460 the next, with a cumulative total of $10,146,770 over 5 years. At 7% growth = $2,100,000 would be generated In the first year; $2,247,000 the next year; $2,404,290 the next; $2,572,590 the next; and $2,752,670 the next, with a cumulative total of $12,076,550 over 5 years. At 8% growth = $2,400,000 would be generated In the first year; $2,592,000 the next year; $2,799,360 the next, $3,023,310 the next; and $3,265,175 the next., with a cumulative total of $14,079,845 over 5 years. At 9% growth = $2,700,000 would be generated In the first year; $2,943,000 the next year; $3,207,870 the next, and $3,811,270 the next, with a cumulative total of$16,158,720 over 5 years. Page 4 Regional Revenues-Background Information JET FUEL'TAX Authority: A tax on aircraft fuel was first imposed in Washington In 1967. The State currently collects a tax from aircraft fuel distributors on fuel sold, delivered, or used In theS ateat a variable ari whichever greater (RCW average retail price or $.05 per gallon, 82.42). In 1985, the State of Massachusetts enacted a local option law enabling cities to Impose a local excise tax of 5% on fuel sold within their boundaries. The City of Boston currently collects about$14M annually. In 1983, Florida passed a law Imposing a $.057 per gallon on all aviation fuel pumped within the State. Florida collects approximately$53M annually from this tax. The Florida law was challenged in court by domestic and foreign carriers, but was upheld In 19B5 by the U.S. Supreme Court. Airlines have reacted to the tax by passing the cost on to customers through $2 to $5 fuel surcharges. Exemptions: The current law exempts a tax on fuel used for a number of key purposes: commercial aircraft, local service commuter aircraft, aircraft used for testing or experimental purposes, aircraft that operate from private airfields, or aircraft that are used to apply agricultural chemicals. After all the exemptions, the law applies only to private, non- current Level: public non- commercial, non-experimental aircraft operated from airfield enerates around $1M, placeds. As a result, this tax in the aeronautical a o 9 t of the State general fund. Is Capacity: If the exemptions were removed on fuel used for commercial flights (but leaving an,the o It is estimated that a let fuel dtax would the rate increased to $.10/g raise about $40 -$50 M St8tewid . King County's portion of this total would be negotiated with the State, perhaps based on the percentage o f this low-income people were statewide who live In King County (25%). approach used, this revenue source would generate$10 - 12M per year. The amount generated would Increase as the amount of fuel sold grows. Regional Revenues-Background Information Page 5 ALCOHOL TAX Authority: The State has the authority to grant counties the authority to impose optional taxes on beer, wine, and spirits. u Current Level: In 1987, King County wholesale sales of beer totalled $156 million; wholesale sales of wine totalled $56 million; and retail sales of spirits totalled $83 million. Combining both taxes and surcharges as of July 1989, the following taxes are placed on spirits,wine and beer: > Spirits = 17.1% + $2.03/liter > Wine less than 14% alcohol = 22.9 cents/Ifter Wine greater than 14% alcohol = 45.4 cents/liter > Beer = $4.76/31 gallon barrel State and local sales taxes are added to all wine and beer sales and to spirits sold by the glass. According to the Washington State Liquor Control Board, Washington ranks first In the country In liquor taxes, eighth In wine taxes and thlrty-fifth In taxes on beer, Almost all wine and beer tax revenues, and most liquor tax revenues, go directly to the state general fund. Some of these revenues go to alcohol- related programs. Through dedicated taxes, the state allocates approximately$4.5 million annually to DSHS for alcohol treatment statewide. Restrictions: King County attempted to bring this revenue source on line this past year for housing development and operations for low-income Individuals with alcohol and substance abuse problems. The local option tax Is to be among the Countys priorities at the Legislature this year as well. Capacity: With total sales of $295 million, a 5% tax would generate approximately $14,600,000 annually. Since this would be a statewide measure, and to gain State support, revenue would go back to the Department of Revenue, which would take 2% for administration. The total estimated revenue•available In King County would be $14,500,000. Y SUPPORT FOR ACTION AGENDA BY REVENUE SOURCE PROPERTY TAXES -TEMPORARY LID LIFT AREA OF SUPPORT: Housing (opttal) $60 . 100 M Total: PORT PROPERTY TAX AREA OF SUPPORT: Employment First Year: $750,000 Annual After Phase-tn: $2.9 M Child are First Year: $250,000 Annual After Phase-in: $400,000 TQTAL First Year $� M Annual After Phase-In: $3.3 M JET FUELTAX AREA OF SUPPORT: Health Care $400,000 First Year: Annual After Phase-In: $2 M Employment First Year: $250,000 Annual After Phase-In: $3 m Child Car First Year: $650,000 Annual After Phase-In: $2 M Housing (operating) First Year: $ 1 M Annual After Phase-In: $5 m TOTAL First Year: $2.3 M Annual After Phase-In: 12 M ALCOHOL TAX AREA OF SUPPORT: Housing (capital) Total: $14.5 M LAW, SAFETY, AND JUSTICE MEASURE AREA OF SUPPORT: Famlly.Vlolence (Operating) First Year: $8.2 M Annual After Phase-In: $14.8 M .Total Capital: $4 M Emolloyment First Year: $0 Annual After Phase-In: $3.1 M TOTAL First Year: $8.2 Annual After Phase-In: $17.9 M CHILDRENS INITIATIVE AREA OF SUPPORT: Health Care - First Year: $240,000 Annual After Phase-In: $1.2 M Family Vlolence First Year: $1.25 M Annual After Phase-In: $1.5 M Child Care First Year: $3 M Annual After Phase-In: $3.6 M Housino (Operating Costs) First Year: $200,000 Annual After Phase-In: $1 M T TAL First Year: $4.7 M Annual After Phase-In: $7.3 M GRAND TOTAL-ALL SOURCES (OPERATING) First Year: $16.2 M - Annual After Phase-In: $40.5 M GRAND TOTAL-ALL SOURCES (CAPITAL) Total: $78.5 - 118.5 M 1 Z 1 A 1 O 1 I rA C Z I I m i t 1 I � 1 � � I I 1 •V • I � I � 1 1 1 N I O 7( 1 1 I I I C 1 --I Y 1 m 1 7 cl I ------- - ---- I q p 1 O I j I � I 1 x � •--I O I I I I m I m I _- -- ------- ----- I I I I 1 1 1 1 I 1 I 1 I I 1 i..v 1 � 1 1 j I 1 •--I I I 1 I I I I I 1 O 1 1 I 1 I 1 1 t I I I I A D 0 1 ' 1 1 1 I 1 ••-( O 1 1 1 I 1 I i I I I 1 1 1 1 ^ 1 I I l m t --i- 1 I I I I 1 I O{n w i N I 1 I 1 I i r - V I V I 1 1 1 t 1 I 1 r I 1 I Cl I m I T 1 S I I N A M A D I N I r 1 I r 1 1 G m C O m m i m i t-I 1 x 1 1 1 1 N my I D I m 1 .G-• I I 1 1 I I i A O I I m 1 •-1 I O i 1 1 1T C x m I 1 I I I S I I 1 (l 1 ——————————————————— I 1 1 •� i i +- 1 I i i i in i ma( I i I m 1 m 1 1 I fQ i i i i i i a 1 1 I I I I I 7O A CD ------------- ---- ---��— i-. N I I I 1 1 1 1 1 I N 1 I 1 G r N I I 1 ————————————— —————————————————————— N I 1 1 I 1 W 1 N I I 1 W I N I I 1 L 1 I ' •" ' i i x I ' I 1 10 1 I I I N 1 m I I 1 A I ————————————— ————— N I N I N 1 N I t n t L I N I W ; i ,�-• I N I 1 S 1 I O I x I A 1 I 1 x 1 ( N 1 I tJt I 1 I O 1 N 1 O I 1 \ I O I I m I V I O I Ot I I r 1 O 1 1 Z 1 1 \ I S I I I \ 1 I 1 W 1 N i i • I N t 1 N I x I S I I i S I i--• I i •-+ 1 2 1 I � I Z; 7———— I N N 1 N —— I 1 O Vt I N I 1 1 H rt \ I 1 O O I O I N I I •; 1 1 \ 1 \ I I 1 1 O N I 1 1 I D• J 1 I I 1 1 1 1 I 1 I tD 1 I 1 l Z—i N——i N N I h• I Ot 1 N 1 I > I I' I I x 1 N 1 N I I I x I N I 1 1 I I T 1 o I 1 c r 1 O I 1-�• I I O 1 \ 1 1 N 1 1 \ I \ I 1 I I 1 I 1 1 N I I 1 I r •1 I 1 i i 1 ————————————————— N 1 N I N I N I I N I N 1 I' t� I lD 1 OI 1 I r I t-• i W 1• = 1 I A I I Ol I I 1 O I I N 1 x 1 S 1 N 1 x I I 1 \ 1 N I N I x 1 N I O I 1 O O 1 I I 1 W I W 1 I In I I 1 1 I N 1 I x I I 1 I I 2 I 1 RECOMMENDATIONS OF THE REGIONAL REVENUES TASK FORCE September 1989 COUNTY-WIDE INITIATIVES I. Roundtable initiate a $60 - 100 M temporary lid lift for low-income housing. II. Roundtable negotiate with the King County Law, Safety, and Justice Committee to include Family Violence and relevant job training funding in this package. STATE-LEVEL INITIATIVES I. Roundtable take leadership role in obtaining passage of statewide Jet Fuel Tax by State legislature in 1990 session. II. A. Roundtable members actively support passage of Children's Initiative. B. Roundtable seek representation on the Children's Initiative Steering Committee. III. Roundtable support the efforts of King County to obtain passage of the Alcohol Tax in the 1990 Legislative session. PORT OF SEATTLE I. Roundtable join in negotiations with Port of Seattle to use funds from growth in Port Property tax for employment programs. KENT CITY COUNCIL PLANNING COMMITTEE November 7 , 1989 3 : 30 PM COMMITTEE MEMBERS PRESENT '= PLANNING STAFF PRESENT Judy Woods, Chair Charlene Anderson Steve Dowell Lin Ball Jon Johnson Jim Harris Greg McCormick CITY ADMINISTRATION Fred Satterstrom Janet Shull Jim Hansen OTHER CITY STAFF PRESENT OTHERS PRESENT John Marchione Judy Clegg Tony McCarthy Larry Frazier May Miller Steve Johnson Leona Orr Lyle Price HUMAN SERVICES ROUNDTABLE REVENUE OPTIONS Tudy Clegg provided an overview of the Roundtable's work to date. The .......oundtable met on September 27 to discuss revenue options. She is requesting that City Councils review the regional revenue package developed by a Roundtable committee and give direction to their Roundtable representative. On December 5th the Roundtable will take action on moving forward on the revenue package. Redmond, Mercer Island, the City of Seattle and King County have voted to move forward and pass the resolution to pursue regional revenues for human services . Five priorities were identified in Phase I of the Roundtable Project: child care, employability, family support, health care, and housing. The Roundtable ' s goal is to work out how to pay for the solutions and services identified; cost estimates were provided by technical contractors. Guiding principles used by the committee were 1) to seek ongoing revenues for ongoing costs and look at short-term revenues for one-time only capital expense, 2) provide a broad-based revenue package including both state and local sources, and capture and redirect revenues that are already in place toward pieces of the Roundtable agenda. It is estimated to cost $40 million per year in ongoing operating costs for regional human services in the five identified priority .areas and a range of $85 - $115 million for housing. In actuality to do everything needed to be able to provide affordable housing would cost over $400 - $500 million. Because this amount would be too much to absorb locally, the Roundtable ' s estimated cost is that needed to keep the 2000 units of subsidized housing that will roll over and become market rate housing in the next five years. In child care, the Roundtable is looking at the regional resource and referral service. "The revenue package involves negotiating with the Port to use existing CITY COUNCIL PLANNING COMMITTEE MINUTES OF MEETING OF NOVEMBER 7 , 1989 property tax revenue to do employment job training, the economic development activities which are part of their mission statement. It looks at the jet fuel tax to provide health care, subsidized 4child care and some operating costs associated with housing. It looks at alcohol taxes to fund the housing part of the treatment facilities for alcohol and substance abusers. Also planned is work with the planning committee for Law, Safety, and Justice to build in the pieces of the action agenda related to family violence and employment. There are a number of items which can be accomplished via resources from the Children' s Initiative if it passes on the November ballot. Ms. Clegg is asking for the Council to endorse the resolution to pursue a broad-based revenue package for human services . Councilman Dowell confirmed that the "bricks and mortar" will come from local taxes and the staffing of the facilities will come from state taxes. He commented that the citizens of Eastern Washington will be paying for services on the west side. Ms. Clegg responded that the state taxes such as the jet fuel tax will be administered by the Department of Community Development who will probably allocate the funds based on the number of people in poverty, perhaps one-third to King County and two-thirds to the rest of the state. It was clarified that the Kent. Human Services Commission is separate from the Human Services Roundtable. Judy Clegg stated that the premise on which the Roundtable is operating is that the Roundtable is building on a base of local control over local funding and resources. There are also regional services and regional issues too large and costly for local jurisdictions ; this is the package undertaken by the Roundtable. The regional revenue package is in addition to the local funding recommended by the Human Services Commission. Planning Director Harris stated the Roundtable can use the Human Services Commission as the initial group through which policies are reviewed, a sounding board, a group who makes policy recommendations. Councilman Dowell is concerned about overlaps. Mr. Harris notes there is a continuum of care required in housing and pieces for both local and regional groups to solve. Councilman Dowell notes a conflict between an inability to provide the infrastructure required for people now and requesting to provide affordable housing for more people. Senior Planner Ball noted that the Roundtable is focussing not on overlapping but on adding another layer on what the cities can do for human services. She noted that the affordable housing issue is beyond the capability of local funding. Councilman Dowell noted the City of Kent has provided $12 , 300 to the Roundtable for 1988 and 1989 . Ms . Clegg stated that over the last two years the total income for the Roundtable was $328 , 000 . The City of Seattle, the county and United Way have contributed $35 , 000 each. The Roundtable is targeting a county-wide housing levy for November, 1990. They are working on the jet fuel tax during this legislative session. Negotiations with the Port started this month. Law, Safety and Justice is estimated for revenues 2 CITY COUNCIL PLANNING COMMITTEE LNUTES OF MEETING OF NOVEMBER 7 , 1989 in 1991-92 . Councilman Dowell noted this is an additional two years and $328 , 000 to keep the Roundtable Project going, a total project cost of $656, 000.- Ms . Clegg anticipates estimated annual operating revenues of $40 million and a county-wide housing levy of about $100 million. She added that there have been many by-products of the project in addition to what will be achieved later, including demographic information and planning data that have been given to all jurisdictions, and an increased understanding of the issues. Councilman Johnson MOVED and Chairwoman Woods SECONDED the motion to forward to the City Council with an affirmative recommendation the resolution to proceed with the regional revenue package. Councilman Dowell voted to send the resolution to the whole Council without a recommendation. SINGLE FAMILY COMMITTEE REPORT Single Family Housing Committee Chairwoman Leona Orr stated she was hopeful the City Council will read the report. The group had found a lot of common ground. She expressed some personal reservations about applying the 5, 000 sq. ft. lot blanket zoning. The Planning Commission is recommending it with guidelines for its use. One recommendation in the report is to rethink zero lot line and PUD ordinances. There are not many five-acre parcels left in he City and there was development interest in looking at reducing the ....,(inimum lot size for such proposals. Ms. Orr had looked at a very beautiful development in Renton that had 5 , 000 sq. ft. lots with 35% open space; it was built on over twenty acres. She would like the Council to consider very carefully the recommendation to reduce the minimum lot size for PUD' s and zero lot line developments . Councilman Dowell noted that the 5, 000 sq. ft. minimum lot size is not tied to PUD' s; single-family lots could be of that size as well. Discussion occurred on proposals being addressed by the Planning Commission on the 5, 000 sq. ft. lot size. Planner Janet Shull reviewed the Action Agenda, the last chapter of the report. She noted that Chapter 6 outlines specific recommendations that were categorized to address the six problem areas identified early on in the community meetings. The key problem areas are listed and expanded on in Chapter 5 . The Action Agenda is broken into five categories and have identified target dates and key players: 1) examine annexation and annexation policies in light of single family residential, 2) review regulations including 5000 sq. ft. lot, zero lot line and PUD, 3) under public policy address neighborhood concerns in existing neighborhoods, 4) utilize public education including open houses and design competition and awards programs, and 5) develop interdepartmental programs to foster single family housing. Larry Frazier stated the building industry can support the recommendations 3 KENT HUMAN SERVICES COMMISSION October 26, 1989 3 : 00 PM Commission Members Present Planning Staff Present Marvin Eckfeldt, Chair Charlene Anderson Dee Moschel, Vice Chair Lin Ball Sharon Atkin Mary Duty Bill Carleton Fred Satterstrom Dick Foslin John Pardo Other City Staff Judy Woods, Council George Burke Commission Members Absent Dennis Byerly Jean Archer, Excused Peter Mourer, Excused Others Present Judy Clegg Pete Peterson Hans Rasmussen CORRECTIONS FACILITY TOUR Lt. Burke provided those in attendance a tour of the Kent Corrections Facility and dinner at the conclusion of the meeting. JUDY CLEGG• HUMAN SERVICES ROUNDTABLE ACTION AGENDA REVENUE SOURCES Ms. Clegg distributed copies of the Roundtable Action Agenda adopted last spring. Over the summer a committee worked out the costs involved with that agenda. It is recommended that the Roundtable 1) look for ongoing revenues to pay for operating costs, and 2) take advantage of short term funding, e.g. , levies and bonds, to pay for capital costs. The Roundtable will act on the revenue package on December 5th. Specific recommendations include 1) county-wide temporary property tax for housing costs, 2) work with group planning law, safety and justice financing to incorporate pieces of family violence agenda, 3) pursue state jet fuel tax for ongoing operating costs, especially child care and health, 4) support the Children's Initiative, 5) help King County get the alcohol tax in this legislative session, and 6) encourage the Port of Seattle to do job training. The Human Services Commission is urged to recommend that the City Council adopt the resolution in support of a revenue package. The revenue package recommendations will provide a framework for proceeding with funding. The cities of Kirkland and Redmond have supported the revenue package and action agenda and have adopted the resolution. Chairman Eckfeldt clarified that the City Council is not being asked to make KENT HUMAN SERVICES COMMISSION MINUTES OF MEETING OF OCTOBER 26, 1989 a commitment for further funding. Commissioner Atkin would like the Human Services Commission to support the action agenda and revenue package. She stated that regional revenues provide an. opportunity to meet some City needs as well as regional needs. Ms. Clegg stated that the Roundtable does not want to pursue revenues reaching into City revenue sources. Commissioner Atkin MOVED and Commissioner Pardo SECONDED the motion to recommend to Council adoption of the Resolution for the funding package to support human services in King County. Motion carried. Ms. Clegg informed the Commissioners that LISC, a 'national provider of technical assistance in housing development, is looking at ways to implement the housing strategy of the action agenda. LISC is working with community housing providers. Ideas include trying to get a housing levy on the ballot and working to have the capability to develop needed units. A community development association has been suggested but much discussion will occur before recommendations are finalized. APPROVAL OF SEPTEMBER 28 , 1989 MINUTES Vice Chair Moschel MOVED and Commissioner Atkin SECONDED the motion to approve the minutes of the September 28 , 1989 meeting as received. Motion carried. 1990 FUNDING ALLOCATION PROCESS/NOVEMBER 7TH BUDGET HEARING Agency representatives will be present at the meeting and will be introduced. The Council agenda packet will contain letters from each agency in support of the human services funding allocations. HUMAN SERVICES MONTH/CHAMBER SOCIAL (NOV. 21 , 5-7 PM) Chair Eckfeldt will confirm for the Chamber of Commerce that no alcohol will be served at the Chamber Social ; therefore, young students may be in attendance. Chair Eckfeldt distributed a draft proclamation of Human Services Month. Discussion occurred. Some editing of the draft proclamation will be done to shorten it. Senior Planner Ball has written a draft article to appear on the front page of CITYLINE. Voting occurred on the packet design for the Chamber Social. It was decided the design will be the shadow balloon one. Planning Director Harris has suggested that the title state "Kent Human Services Commission" and below that "Planning Department" . Ms. Ball noted that the word "Invicta" will be changed to "City of Kent" on the shield. The packet cover will be a heavy 2 _, V Kent City Council Meeting Date November 21, 1989 Category Other Business 1. SUBJECT: ADJUSTMENTS TO THE 1990 BUDGET 2 . SUMMARY STATEMENT: As discussed in workshop prior to tonight's meeting, a presentation will be made concerning proposed adjustments to the 1990 Budget. Following a decision on those adjustments, the Council will direct the staff to prepare the 1990 Budget and tax levy ordinances for the December 5 meeting. The tax levy amounts, though estimated in the Budget, are not precisely determined at this time as information from the County received last week says that the precise amounts will not be available until approximately December 1. 3 . EXHIBITS• 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to authorize additions of the adjustments as agreed in the workshop and direct the staff to prepare the Budget and tax levy ordinances, consistent with those adjustments. DISCUSSION: ACTION• Council Agenda Item No. 4E Kent City Council Meeting \ Date November 21, 1989 Category Bids 1. SUBJECT: FOOD SERVICE %WR CORRECTIONS FACILITY • 2 . SUMMARY STATEMENT: Three bids were received to provide food service for the Corrections Facility. The low bid was submitted by Consolidated Food Management of Mercer Island in the amount of $113 , 381.75 based on an average of 65 people per day. 3 . EXHIBITS: Exhibit A of bid package, memorandum from Capt. Byerly and from Chief Frederiksen, IBC memo. 4 . RECOMMENDED BY: IBC Public Safety Committee, Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $113 , 381.75 SOURCE OF FUNDS: budgeted 7 . CITY COUNCIL ACTION. Ge4+ffeidmember move j, �ortn Zngmb - o sls to award the bid to Consolidated Food Management in the amount of $113 , 381.75. lViiic ✓e e' : c -'fir C! n .,ot, ~obi e- fl'i Ct� Cr^, Cl, r'Oier h IC'ih (---'( c'�:�e't" DISCUSSION• r ACTION: a✓ ��5 `'.__ -- Council Agenda Item No. 5A -r 7' MILLER,MAYENE / KENT70/FN - HPDesk print. ----------------------------------------- Subject: CORRECTIONS FOOD BID FISCAL NOTE C. tor: Mayene MILLER / KENT70/FN Dated: 11/13/89 at 1227 . The IBC recommends awarding the Corrections Food contract to "Consolidated Food Management, Inc. , " who was the low bidder for the two year contract. The $113 , 381. 75 amount, figured at a projected average daily population of sixty-five for 1990, is within the city budget for 1990. The IBC also agrees with the Police recommendation to start the contract under option A where the contractor purchases the food and prepares it on site as we have in the past. Option B with the city purchasing the food can be initiated any time during the contract. November 13 , 1989 TO: Chief Frederiksen FROM: Capt. D. Byerl RE: Corrections Food Service Bids Attached are copies of the three (3) food service proposals for the Corrections Facility. Commencing with the low bidder, they are: 1. Consolidated Food Management of Mercer Island 2 . Food Management Control, Inc. of Seattle 3 . ABC Services of Bellevue At the IBC meeting on November 7 , 1989 at 1100 hours, a verbal presentation was given. As per the City Attorney, it appears we are mandated to accept the low bid. As mentioned in our earlier memo, four of the five institutions contacted that are utilizing Consolidated, are pleased with the service. I have no reason to believe that Consolidated cannot provide the services proposed. F.M.C. has provided the City of Kent with 3-1/2 years of near flawless service. Their service and staff are above reproach. In addition, they have become integral members of our team and provide vital day-to-day feedback on the condition of the facility, staff and inmaates. This will be missed. If Consolidated is awarded the contract, they have a hard act to follow. /mt KENT POLICE DEPARTMENT NOVEMBER 13 , 1989 TO: Public Safety Committee FROM: Chief Frederiksen iLd SUBJECT: Corrections Food Service Bid Although originally there was concern expressed about the low bidder' s past performance record with other jurisdictions, a background check conducted by Captain Byerly revealed no reason to believe that Consolidated Food Management of Mercer Island cannot provide the service required. It is my recommendation that the low bidder, Consolidated Food Management of Mercer Island, be awarded the food service contract to provide service to the Kent Corrections Facility. Certainly, as is always the case, we will closely monitor the service provided and will ensure that the service provided meets the terms outlined in the contract. This issue has been reviewed by the City Attorney, who concurs with our recommendation. RHF:klr BID FORM Option "A" Kent City Clerk - 220 4th Ave. So. - Kent, Washington 98032 The undersigned hereby certifies that he/she has read the requirements and specifications for FOOD SERVICES FOR THE KENT CORRECTIONS FACILITY, and thoroughly understands the same and propose as follows: To provide food service of three meals per day, seven days per week, twelve months per year for inmates and staff at the Kent Corrections Facility, 1230 Cantral Ave. So. , Kent, WA 98031, with the contractor purchasing all foods, supplies, paper products and cleaning supplies. COST PER MEAL 40 thru 45 per day . . . . . . . . . . . . $ 2 . 060 COST PER MEAL 46 thru 50 per day . . . . . . . . . . . . . $ 1 . 883 CPST PER MEAL 51 thru 55 per day . . . . . . . . . . . . . $ 1. 767 CG:iT PER MEAL 56 thru 60 per day . . . . . . . . . . . . . $ 1.672 COST PER MEAL 61 thru 65 per day . . . . . . . . . . . . . $ 1 . 593 COST PER MEAL 66 thru 70 per day . . . . . . . . . . . . . $ 1 . 575 COST PER MEAL 71 thru 75 per day . . . . . . . . . . . . . $ 468 COST PER MEAL 76 thru 80 per day . . . . . . . . . . . . . $ 1 417 COST PER MEAL 81 thru 85 per day $ 1 '27-3 Remarks: I ment Inc Firm Name: i c�nG� � � mated Food Manaq.� Addre s: 2448 76th S .E . , Mercer Island. WA 98040 Phon No ( 206) 232 9771 Signature of Authorized Official (s) . Print Name of Authorized Official (s) Frank R. Lowe Tit1F of Authorized Official (s) president CEO NOTE: If the bidder is a co-partnership so state, giving the firm name under which business is transacted. If the bidder is a corporation, this proposal must be executed by its authorized official . The above bid shall remain firm for (30) thirty days from bid opening date. R E P O R�,�T S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTEE D. PLANNING COMMITTEE E. PUBLIC SAFETY COMMITTEE F. PARKS COMMITTEE �3 G. ADMINISTRATIVE REPORTS ) l PUBLIC WORKS COMMITTEE NOVEMBER 14, 1989 PRESENT: JON JOHNSON TONY MCCARTHY JUDY WOODS TIM HEYDON JIM WHITE JOHN MARCHIONE DON WICKSTROM MAE MILLER GARY GILL CHERYL VISETH JIM HANSEN BONNIE FELL BILL WILLIAMSON LYLE PRICE Review of Proposed 1990 Public Works Budget Wickstrom stated the budget concentrated primarily four areas - project development, water quality, equipment rental and transportation. While pleased with the recommended approvals, Wickstrom emphasized this would not be a cure-all. It helps but is not a solution to all the problems. He noted there were a few "glitches" but will be able to work those out with Administration. The Committee indicated they had no concerns and recommended approval . White expressed two areas of concern - one being the corridor projects and the other is the railroad crossings. He asked if there were a plan for improving the condition of the crossings - could they be included in a bond issue. Johnson asked if we were requiring developers to put in rubberized crossings if the development has a rail crossing a public street. Wickstrom confirmed that is the approach we try to take. Wickstrom added that Burlington Northern has included funds in their budget for the James Street crossing. If Burlington Northern funds that crossing, our funds can be used for other crossing improvements either on the Burlington Northern tracks or the UP tracks. White concurred with this approach. White commented if the City has to go to a voter bond issue for transportation improvements that all our needed street improvements be included in the package. Johnson asked if the City passes a voted bond issue and later a TBD is formed, could the City be reimbursed by the TBD for any expenditures already made for transportation improvements. Williamson stated he did not know if that was anticipated by legislation. Wickstrom commented that if Kent passes a voted bond issue, there would not be a TBD as it would tap the funding sources for the TBD. White stated that concerned him but if it were going to be 3-5 years to put together a TBD, then he thought we would have to go for a bond issue - that the improvements could not wait that long. Wickstrom added the SCATBD committee is working on having all the municipalities sign the interlocal agreement. Auburn is hesitating as they do not see the same benefit to them as to the other participants. White commented that is why he would like for Kent to have a contingency plan if for some reason the TBD doesn't come about or doesn't come about in a timely manner.