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City Council Meeting - Council - Agenda - 02/07/1989
City of Kent City Council Meeting Agenda d - 7- 89 Office of the City Clerk CITY COUNCIL MEETING February 7, 1989 Summary Agenda City of Kent Council Chambers0 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 . FROLL TO ORDER CALL IC COMMUNICATIONSEmployee of the Month Proclamation - American History Week 2 . PUBLIC HEARINGS A. Street Vacation - 80th P1 . S . 3 . CONSENT CALENDAR A. Minutes B. Bills C . Seminar - Managing the Internal Affairs Function D . Personnel - Golf Course Secretary Full-Time E . Lot Line Adjustment Ordinance F . Canterbury Preliminary Subdivision #SU-88-5 G . Kent .Meadows Apartments - Bill of Sale H Bend of the River Apartments - Bill of Sale I . Lakes Division II - Bill of Sale J . Green River Levee Improvements (S . 212th St. Bridge ) K . LID 330 (64th Avenue Improvements ) - Resolution L . Engineer II Position - M. Waste Reduction/Recycling Grant - King County N . Property Acquisition - 72nd Avenue and 196th Street 10. Surplus Property - 218th Street and S.R. 167 P . Library Remodel Architect Contract Q. Agreement for Service - Credit Northwest Corporation R. Police Word Processing Positions 4 . OTHER BUSINESS A. Ruth Rezone #RZ-88-4 (Kent East Hill Shopping Center) B . Zoning Code Amendment - GC Zone - #ZCA-88-10 C• Cooperation Agreement for Low Rent Housing D . Harris Rezone #RZ-88-7 - E . Kent Hill Apartments Rezone #RZ-88-6 F . Hemlock Acres No. 17 Preliminary Subdivision #SU-88-3 G . Hemlock Acres No. 19 Preliminary Subdivision #SU-88-4 - H . Adopting Initiative and Referendum Powers - Resolution I . Employee Assistance Program Contract Renewal J . Renewal of CATV Professional Services Agreement VvvK. ,•\Public Dances and Dance Halls - Ordinance- 5 . BIDS C 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 Av. heard. A. Employee of the Month B. Proclamation - American History Week J Kent City Council Meeting C Date February 7, 1989 Category Public Hearing -A-T-1-ON 1 . SUBJECT: ST VkC 80TH PL.—S. 2 . SUMMARY STATEMENT: Ipubli)e'I/hearing has been set for this date for the vacation of portion of 80th Pl . S. as requested by the Glacier Park Companyy. . / The Planning DepartmenVhas r ested that this hearing be Nu continued to the Feb 4ary 21 Co ncil meeting. The applicant has been so notified . 3 . EXHIBITS: 4 . RECOMMENDED BY: FCommittee, Staff, Examiner , Commission etc. ) 5 . EXPENDITURE REQUIRED: SOURCE OF FUNDS : OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to continue this public hearing to the February 21 Council meeting. DISCUSSION: ACTION: Council Agenda Item No. 2A CONSENT CALENDAR 3 . City Council Action: Councilmember WtyAu moved, Councilmember seconds that Consent Calendar Items A through �+( be approved�� ��r F V q 4(-Lrc.c �r;j, Wp CI !u Lt it Discussion Action AADOC AA �u.� �tuvvl�ll'P� � 3A. Approval of Minutes . Y ' Approval of the minutes of the regular Council meeting of January 17, 1989 . + r c(A e ti _..J 3B . Approval of Bills . Approva o payment of the bills received through February 7, 1989 after auditing by the Operations Committee at its meeting at 8 : 30 a.m. on February 15 , 1989 . Approval of checks issued for vouchers : Date Check Numbers Amount 12/29 - 1/3 68006 - 68011 870, 535 . 17 1/3 - 1/13 68417 - 68426 266 , 101 . 63 1/17/89 68434 - 68445 699 , 562 . 32 68846 - 68908 48 , 081 .44 $1 ,884, 280 . 56 Approval of checks issued for payroll : Date Check Numbers Amount 1/20/89 114280 - 114890 $ 197, 360 . 53 Council Agenda Item No. 3 A-B Kent, Washington January 17, 1989 Regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Kelleher. Present: Councilmembers Biteman, Dowell, Houser, Johnson, Mann, White and Woods, Acting City Administrator Harris, City Attorney Driscoll, Acting Planning Director Satterstrom and Public Works Director Wickstrom. Also present: Police Chief Frederiksen, Fire Chief Angelo, Assistant City Administrator Hansen and Personnel Director Webby. Approximately 50 people were at the meeting. PUBLIC Mayor Kelleher welcomed a group of Webelos from Den COMMUNICATIONS 5, Pack 471 and noted that they are working on their citizen merit badges. CONSENT WHITE MOVED that Consent Calendar Items A through J CALENDAR be approved, Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of January 3 , 1989 . PRELIMINARY (CONSENT CALENDAR ITEM 3C) PLAT Hemlock Acres No. 19 Preliminary Subdivision No SU- 88-4. AUTHORIZATION to set February 7, 1989 for a public meeting to consider the Hearing Examiner's recommendation of conditional approval of a 14-lot single family residential subdivision located along the east side of 112th Ave. S.E. approximately 600 feet north of S.E. 240th Street. (CONSENT CALENDAR ITEM 3I) Hemlock Acres No. 17 Preliminary Subdivision No SU- 88-3. AUTHORIZATION to set February 7, 1989 for a public meeting to consider the Hearing Examiner' s recommendation of conditional approval of a 17-lot single family residential subdivision located on the north side of S .E. 240th Street approximately 300 feet west of 116th Ave. S.E. REZONE Car Care Center Rezone No. RZ-88-5 On December 21, 1988, the Hearing Examiner recommended denial of an application by Ed Linardic to rezone approximately 1.2 acres from MRM (Medium Density Multifamily Residential) to GC (General Commercial) . The property is located in the north side of West James St. abutting SR 167 (Valley Freeway) , along the east 1 January 17, 1989 REZONE property line. WOODS MOVED to adopt the findings of the Hearing Examiner and to concur with the Hearing Examiner' s recommendation of denial. Johnson seconded and the motion carried. STREETS (CONSENT CALENDAR ITEM 3F) Parking Lot Cleaning Contract. AUTHORIZATION for the Mayor to sign a contract with Bond Enterprises to clean the parking lots at City Hall, Library and Engineering Buildings. This contract is at the same rate we currently pay and is through March 31, 1989, with a annual contract as in the past, due to the anticipated construction of the new office building and parking lot east of City Hall. STREET (CONSENT CALENDAR ITEM 3J) VACATION Gibson Street Vacation. ADOPTION or Ordinance 2830 vacating certain property at Waterman Avenue between Fifth Avenue and Union Pacific Railway upon the application of Vernon Gibson. PARKS AND (CONSENT CALENDAR ITEM 3D) RECREATION Maintenance Management Plan and Policy and Procedure Manual. AUTHORIZATION for the Mayor to sign a contract with Walker Edington and Webster for preparation of a Maintenance Management Plan and a Policy and Procedures Manual for the Park and Recreation Department. (CONSENT CALENDAR ITEM 3E) Cultural and Leisure Services Division Budget Changes. AUTHORIZATION to add a regular part-time Office Technician II position at the Resource Center to provide clerical support for the cultural, fitness and youth day camp programs. AUTHORIZATION to increase to regular part-time Cultural Arts Specialist position from 1, 092 hours to 1, 402 hours to provide support for the Kent Arts Commission, Canterbury Faire and Balloon Classic projects. POLICE (CONSENT CALENDAR ITEM 3G) Public Defense Contract. APPROVAL of the contract for public defense services with the Sampson, Wilson 2 January 17, 1989 POLICE and Combs firm for 1989 as recommended by the Operations Committee at its 1/17/89 meeting. OUT OF STATE (CONSENT CALENDAR ITEM 3H) TRAVEL Out of State Trig. AUTHORIZATION for an employee of the Equipment Rental Division of the Public Works Department to attend Motorcycle Maintenance Training in California, as recommended by the Public Works Committee. INITIATIVE Initiative and Referendum Powers. This date has AND been established to receive public input as to REFERENDUM whether the Council should adopt the initiative and referendum process. Notice of the hearing has been published and was also distributed with utility bills. City Attorney Driscoll explained that an initiative is the process by which residents propose a law or ordinance to be voted on by the citizens independent of actions taken by the Council, and that it must be in the form of a petition signed by 15% of the total number of registered voters who voted in the last general election. She noted that an ordinance adopted through the initiative process must go back to the vote of the people to be amended or repealed. The Attorney explained that a referendum is a process by which residents vote on whether or not to approve or reject a law that has already been enacted by the Council by ordinance. It also must be put to a vote of the people by a petition signed by 15% of the registered voters who voted in the last election. She noted that initiatives and referendums apply to legislative functions, such as the no-growth initiative. Initiatives and referen- dums do not apply to emergency ordinances which are passed by a unanimous vote of the Council, ordinan- ces relating to LIDS, ordinances appropriating money, ordinances dealing with collective bargaining or ordinances relating to taxes. Driscoll also explained that with initiative and referendum powers, no ordinance can go into effect for 30 days from the date of passage, and that it is 3 January 17, 1989 INITIATIVE within that 30-day time period that the voters have AND an opportunity to present a referendum petition to REFERENDUM the Council. If a petition is presented, a vote of the people would decide whether or not that ordinan- ces goes into effect. Driscoll noted that there are two processes by which initiative and referendum powers can be adopted--by the resolution process and by the petition process. The resolution method is a process by which the Council passes a resolution calling for the initia- tive and referendum powers. If within 90 days of the publication of that resolution no referendum is filed by the voters, then the Council adopts an ordinance enacting initiative and referendum powers. If a referendum petition is presented within those 90 days, a vote of the people would decide whether or not initiative and referendum powers are adopted. The Attorney explained that the petition method is where 50% of the registered voters who voted in the last general election sign a petition calling for an election as to whether or- not initiative and refer- endum powers should be adopted. At that point the Council must adopt a resolution calling for the adoption of those powers and it is again subject to the same process as the resolution method. If within 90 days a petition is not presented, the Council must adopt an ordinance. Driscoll noted that if the initiative and referendum question goes to the voters at a general election, the cost to the city would be approximately $4, 000- $4 , 500, and that if it goes to the voters at a special election, the cost is from $13 , 000- • $18, 000. Upon Biteman's question, Driscoll stated that there are approximately 22 cities that presently have initiative and referendum powers. She also noted for White that these powers are rarely used. The Mayor declared the public hearing open. Leona Orr, 24909 114th Ave. S.E. , spoke in favor of the initiative and referendum powers. She noted that 4 January 17, 1989 INITIATIVE although the Council is responsive to the public, AND often times there is little input from the public on REFERENDUM issues before the Council. Mrs. Orr stated that she feels the Council did not respond effectively and quickly enough on the issue of multifamily housing, and that they approved multifamily zoning which is a detriment to the surrounding neighborhood. She not- ed that the citizens of Kent would act responsibly and not abuse the initiative and referendum powers. Gail Vincent, 26811 165th P1. S.E. , spoke in favor of having initiative and referendum powers. He noted that the Council is elected by the people, and that initiative and referendum powers allow the people a voice in government. Dwight Bacon, 24311 35th Ave. S. , also spoke in favor of the initiative and referendum powers. He agreed that multifamily housing should be controlled. Jim Flick, 9408 S. 218th, noted that he had received a letter in November regarding a Town Hall meeting, which pointed out that city government belongs to the citizens. Flick noted that, as owners of the city government, the people would like to adopt the initiative and referendum authority, and that there isn't any reason for city government to oppose it. He stated that if a city has competent and dedicated government, as Kent does, initiative and referendum powers will be used rarely, but that that is no reason to deny that right to the people. He urged the Council to adopt this authority tonight. Maureen McNamara, 23839 94th Ave. S. , also spoke in support of initiative and referendum powers. She stated that if the Council votes to approve it at this time, it would demonstrate support for public input. JOHNSON MOVED that the public hearing be closed. 5 January 17, 1989 INITIATIVE White seconded. Motion carried. JOHNSON MOVED that AND the Council adopt initiative and referendum powers REFERENDUM and direct the City Attorney to draft the necessary resolution. Woods seconded. The motion carried un- animously. MAYOR'S Ordinance Expanding Mayor's Duties to a Full Time POSITION Position. The Mayor noted that this item had recently been brought to the attention of the City Council. JOHNSON MOVED for the adoption of Or- dinance 2831 establishing the Mayor' s position as full time and setting compensation commensurate therewith. White seconded. Johnson stated that he feels having a full time Mayor would be a better way to serve the people in the community, and pointed out that this is not a personal criticism of anyone. Johnson noted that while the City has enjoyed many successes and accomplishments, possibly other things could have been achieved with a better form of government. Johnson offered the following reasons for expanding the Mayor' s position to full time: The current position requires more than a part-time commitment, and a full time Mayor would be able to devote all his attention to the job; it would eliminate the City Administrator position, which would save money and reduce the number of support staff necessary under the current system; there would be no question who is in charge at City Hall; it is important to have one person in charge of the administrative portion of government. Mayor Kelleher noted that this is a decision which should be made by the Council and the citizens of Kent, but that he is happy with the way things are now and feels the City has accomplished a lot. White indicated that a letter has been received from the Chamber of Commerce and MOVED to make the letter a part of the record. Johnson seconded and the motion carried. White read the letter, which stated that the Chamber' s City Government Committee is 6 January 17 , 1989 MAYOR'S studying this issue and that the City may wish to POSITION delay action until after the study is concluded. He suggested that although the Mayor and Council have done a good job, they should not cease to look at ways to improve Kent's government. WHITE THEN MOVED to table this issue until the Chamber's committee has completed their study. The motion to table died for lack of a second. Jim Flick stated that he favors a full time Mayor/ Council form of government. He noted that Kent has a hybrid form of government, and that it works because the Mayor, City Administrator and Council work together, but that it could be a very disrup- tive form of government if people did not cooperate. Flick stated that the Mayor/Council form of govern- ment is more stable, more accountable to the people and costs less. Mann pointed out that Kent's part-time mayor is fully in charge, and that the Mayor is the one who represents the people of Kent as the chief administrator. He pointed out that anyone in the city can run for Mayor without having a master's. degree in public administration, which allows great freedom so that people can truly run this government with trained, qualified administrators. He said that as long as our Mayor is satisfied with the present system, the Council should support him. Johnson pointed out that the full time Mayor's position would not take effect until January, 1990, so that anyone running for election would be running for a full time position. Biteman noted that in the past several years the Mayor and Council have im- proved Kent' s reputation by such things as annual town meetings, holding Council meetings in various locations throughout the city, the Mayor' s various task forces and his prompt response to citizen inquiries. He agreed that the system should be left as is. 7 January 17, 1989 MAYOR'S The motion to adopt Ordinance 2831 establishing POSITION the Mayor's position as full time was defeated with only Johnson voting in favor. FORM OF Resolution Calling for Election on Form of Govern- GOVERNMENT ment. Mayor Kelleher noted that Resolution 1190 would constitute the abandonment of the Mayor/Counc- il plan of government and the adoption of a Council Manager form of government and would call for an election of the people for such. JOHNSON MOVED to adopt Resolution 1190 . White seconded. Johnson stated that the resolution would allow the people of the community to decide what form of government they want. He proposed a Council/Manager form of govern- ment where the Mayor would still be directly elected by the people. He explained that there would still be seven councilmembers, but that Council Position No. 1 would be the Mayor's position. White stated that although he has no quarrel with the present form of government, it does no harm to see if there is a better system. The motion was defeated with only Johnson voting in favor. Houser introduced Resolution 1191 supporting Kent ' s present form of government and urging proponents of change in Kent' s form of government to cease their efforts so as not to disrupt the smooth operation of City government. Mann seconded. White stated that he is uncomfortable with the wording of the resolu- tion, since urging proponents of a change in Kent's form of government to cease their efforts seems to be trying to muzzle the public. Johnson stated that he also disagrees with that wording, because every- one has a right to raise an issue concerning the structure of government at any time. JOHNSON MOVED to delete the last clause of the prologue of the resolution which refers to asking proponents of change in Kent' s form of government to cease their efforts and also reference this throughout the resolution. White seconded. Biteman noted that inasmuch as this is a resolution, 8 January 17, 1989 FORM OF the word "urge" does not seem to carry any GOVERNMENT disability. Mann said that the resolution is simply asking people to work together and support the present 'system. Gail Vincent spoke from the audien- ce in favor of the amendment. The motion to amend failed with Biteman, Dowell, Houser, and Mann opposing. The motion to adopt Resolution 1191 then carried with Johnson and White opposing. FINANCE (CONSENT CALENDAR ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through January 24, 1989 after auditing by the Operations Committee at its meeting at 8 : 30 a.m. on February 1, 1989 . Approval of checks issued for vouchers: Date Check Numbers Amount 12/12 - 12/14 67492 - 67501 12/16 - 12/28 67972 - 68005 373,173.02 12/30/88 68012 - 68416 784,887.33 $1,158.060.35 Approval of checks issued for payroll: Date Check Numbers Amount 1/06/89 113671 - 114278 $ 637,052.29 9 January 17 , 1989 REPORTS Operations Committee. Houser noted that she had attended several meetings at the National League of Cities Conference, including one on People, Press and Politics and one on landfills. She noted that local governments will be responsible for clean-up of landfills, and that Kent has three such sites. She said that clean-up is very expensive, but that it may be possible to get funding to help with the costs. Public Works Committee. Johnson noted that the Public Works Committee will meet next Tuesday at 4 : 00 p.m. Public Safety Committee. Biteman noted that the Public Safety Committee will meet on Thursday, January 19th, at 9: 00 a.m. in the Courtroom. ADJOURNMENT The meeting was adjourned at 8 :05 p.m. Brenda Jacob r Deputy Cit Clerk 10 I Kent City Council Meeting Date February 7, 1989 ! � Category Consent Calendar 1. SUBJECT: MANAGING THE INTERNAL AFFAIRS FUNCTION SEMINAR, 2 . SUMMARY STATEMENT: R*4F&eat Xaluthorization for Chief Frederiksen, Captain Rees, and Captain Miller to attend an unbudgeted training seminar "Managing the Internal Affairs Function" in Las Vegas, Nevada from February 15 - 17, 1989 . Due to concerns expressed that recent internal investigations have been improperly conducted, it has been recommended that those involved in conducting these investigations receive further training . This seminar is sponsored by the International Association of Chiefs of Police and should be very beneficial to the Department . 3 . EXHIBITS: Attached i 4 . RECOMMENDE BY: Staff, Mayor , Public Safety Committee 1/19/89 (Committ e, Staff, Examiner, Commission, etc . ) 1 t I i 5 . EXPENDIT RE REQUIRED: approximately $2,034 . 00 SOURCE Oq FUNDS: City Contingency Fund r ; 6 . CITY COUNCIL ACTION: Council ember moves , Councilmember seconds i i DISCUSSION i ACTION: Council Agenda Item No. 3-C January 13, 1989 TO: PUBLIC SAFETY COMMITTEE FROM: DAN KELLEHER MAYOR �ar`., ��• �— SUBJECT: TRAINING FOR OFFICERS/I.A.C. INVESTIGATIONS It is my understanding that Rod Frederiksen, Chief of Police, has requested funding which would allow 3 employees to participate in a training conference in Las Vegas, Nevada. The conference is titled "Managing the Internal Affairs Function" and will be held February 15 - 17, 1989 . I support this request because it always makes sense to have a good, well trained, well qualified workforce. I am especially supportive of this request because the individuals involved must deal with particularly sensitive issues on the job. Please consider this request for funding I.A.C. investigations training. DK:jb cc: Jim Harris, Acting City Administrator !Rod",Frederiksen Chief of Police L December 51 1988 TO: ROD FREDERIKSEN, CHIEF I LICE FROM: DAN KELLEHER MAYOR 0 L.. � , %.— SUBJECT: TRAINING FOR OFFICERS INVOLVED IN I.A.C. INVESTIGATIONS As we discussed last week the Kent Police Union has asserted that recent I.A.C. investigations have been conducted improperly and, officers involved in I.A.C. investigations require additional training. In our conversation last week you agreed with me that regardless of the outcome of any possible inquiry into improper conduct by investigators, additional training for I.A.C. personnel would be beneficial to the department. Therefore, without casting any judgement upon the quality of past I.A.C. investigations, I am requesting that you develop a program of enhanced training for officers involved in I.A.C. investigations. It is my understanding that you have already begun the development of such a program. When your training plan is complete please review it with me, review it with officials of the police union (and invite their constructive suggestions) , and ultimately review it with the Public Safety Committee of the City Council. I appreciate your cooperation in this matter. cc: Brent McFall, City Administrator Jim Harris, Acting City Administrator Michael Painter, President, Local Union 1088, Kent Police Department F I L CITY OF t5 Dan Kelleher, Mayor December 5, 1988 VJH� CTA Mr. Michael S. Painter, President Kent Police Department United Steelworkers of America, AFL-CIO-CLC Local Union 1088 PO Box 1549 Kent, WA. 98032 u Dear Mr. Painter: Thank you for your letter dated September 30, 1988 in which you expressed your concerns about procedures used during internal investigations in the police department and delineated your proposals for improvements. First, let me apologize for the fact that I have been slow to respond to your letter, however, as you may be aware there have been numerous complex and difficult issues which have arisen over the past several weeks which have taken up a great deal of my time. Your letter raises numerous issues some of which are somewhat complex. I will make every effort to respond to every point raised in your letter as rapidly as possible; I have decided, however, to address these issues individually rather than altogether. The first issue that I would like to respond to is the one labeled in your letter as: "Problem No. 2 , ' The obvious lack of training in internal investigations by those involved in the primary investigative role of an I.A.C. (Inquiry, Allegation, Commendation) ' . " Regardless of how the other issues you outlined in your letter are resolved there is no question that the enchancement of training for officers involved in I.A.0 investigations is a desirable goal. This can be said without casting judgement on the quality of past investigations. Therefore, please find enclosed a copy of a memorandum that I have sent to Chief of Police, Rod Frederiksen kv 99n A,h AVF qO / KENT WASNINr TON PROI? 5Rg9 TFI FP"nNF I,nni R—i 'Ginn instructing him to develop a proposal for improved training of officers involved in I.A.0 investigations, to review the proposal with me, to review it with the police union, and ultimately to review it with the Public Safety Committee of the City Council. I have discussed this matter with Chief Frederiksen and he has indicated that he has already begun the development of such a training program. As this proposal becomes finalized, I hope that the Union will offer any suggestions for improvements to the program. Within a few days I will be drafting you another letter responding to other points raised in your letter to me. Thanks again for your patience in this matter. 5ince el Dan Kelleher Mayor cc: Brent McFall, City Administrator Jim Harris, Acting City Administrator Rod Frederiksen, Chief of Police KENT POLICE DEPARTMENT DECEMBER 16, 1988 TO: Dan Kelleher, Mayor FROM: Rod Frederiksen, Chief of PolicetgH� SUBJECT: Training for Officers Involved in I.A.C. Investigations I have met with Union President, Mike Painter, and discussed the issue of obtaining additional training for officers involved in I.A.C. investigation and the following training proposal. I feel that the internal investigation involving Officer Lowery was conducted properly. However, I agree with you that it is important that I ensure the Departmental supervisors, who may be asked to investigate internal investigations, and I receive the most current information available regarding changes in case law governing the internal affairs process. I am suggesting that Patrol Commander Jim Miller, Support Services Commander Hal Rees and I attend an International Association of Chiefs of Police training session titled "Managing the Internal Affairs Function" in Las Vegas, Nevada on February 15 - 17 , 1989 . The training session is designed to cover the following topic areas: * Objectives of personnel investigations; * Examine and develop appropriate procedures; * Understand internal affairs organizational concepts and options; * Understand case law relative to medical exams, photography, line-ups, polygraphs, financial disclosure, and records discovery; * Realize the value of a formal inspections process for conducting investigations of public complaints, internal investigations and administrative reporting; * Examine the selection of internal affairs personnel; and * Implement systems of positive and negative discipline to elicit compliance with rules of conduct and operations. Following the attendance of this training, it would be my intention to conduct training for all supervisory staff of the Police Department and to review Departmental policies to ensure that they are proper and meet requirements of the law. In addition, I have asked the City Attorney to assist by providing training regarding Washington State Law as it relates to the internal investigation function. TO: Dan Kelleher, Mayor, Continued Page -2- December 16, 1988 Cost of the above training class is as follows: Tuition $ 1, 050. 00 Travel 714 . 00 Meals 270. 00 TOTAL: $ 2, 034 . 00 As this is an unbudgeted training expenditure, do you wish that I present this proposal to the Public Safety Committee? Thank you for your consideration and comment regarding my proposal . cc: Brent McFall, City Administrator Jim Harris, Acting City Administrator Sandra Driscoll, City Attorney Michael Painter, President, Local Union 1088 Kent Police Department /klr S °r° N u w v o aG, v U) atit P. chi u - O m o U CDG ~ k" r~ N �" d p �] w �' N .1Z r n ^ w G ro Cn G m W CU oo O Z r� 0 ro 'G N �..1 E,y N O� N r n �.Q a 'Q N ,n `.Y". V N�,` rp^ � i^,y F z G m G A �` law Pi w �Qy oo U N 1�7 a�"I qC7 p K ° � '" y � z0c4 w a fx e o u ro ( 2 .8 U) � G v W U 04 U �. w a 04 1Go v 64 a w � ``' eo c Ca W O wF'" N e-r N N I ro I� O O y 'C. N p G . r aw U w �V) �+ 0 "s D `o O a CaC r--1 Cam a, .. E•"r y�y 'G R.1 0 Q W rG %O Cf) N N V G 7 H w G .a � •Op Dp CS � C ��a1r _0 N W O~ G +ar R , A �00 Fri In � c; Ww G° � w 5 .roi � Q xtn N Qj Q��N/11 W VJ 00 pFppUCF U r O W o0 J V 61 u r > .f w w w fkha31N1 ,..Wry.. 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Register Today!Call toll free, 1-800-638-4085, or mail this form to IACP,Thirteen Firstfield Road,P.O Box'4066, Gaithersburg, MD 20878. ; Name (Rank/Title) Your Function within the Organization Agency/Organization Business Address City State Zip Telephone ( IACP Membership# Total Number of Personnel in Agency/Organization Please contact me about an IACP Co-Host or Contract Training Program. Please send me an application for IACP membership. Kent City Council Meeting /� �7Y I � Date February 7, 1989 i/i/� Category Consent Calendar 1 . SUBJECT: GOLF COURSE ,S8PkgT,ARY,_CHAN(3ED -ER0M-.P-ERMANEMT RART_7_'TsE EtL 2M- RU L Lt TI M E 2 . SUMMARY STATEMENT: Authorization to change the position of Golf Course Secretary/Bookkeeper from permanent part-time to full time. 3 . EXHIBITS: Memorandum. 4 . RECOMMENDED BY: Parks Committee Committee, Staff, Examiner , Commission, etc. ) 5 . EXPENDITURE . REQUIRED: $5,718. 36 SOURCE OF F NDS: to be financed out of increased golf complex revenue. 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSIONI: ACTION: Council Agenda Item No. 3-D MEMORANDUM DATE: July 22, 1988 TO: Brent McFall FROM: B. Wilson Prepared by N. J. Sullivan, Manager, Golf Complex SUBJECT: Golf Course Secretary/Bookkeeper to be changed from Temporary Part-Time to Permanent Part-Time --------------------------------------------------------------------------------------- Additional hours are needed for the position of the Golf Course Secretary/ Bookkeeper because: 1 . With the progress of the new Riverbend Golf Course, there is more paperwork to handle now, and once Riverbend opens , there will be more additional paperwork, plus additional bookkeeping duties. 2. With Norm Reger as Superintendgnt' now, instead of Assistant Manager, he is spending more time out of the office and some of his past duties will now be handled by the Secretary. 3. We have a city phone line which rings in the office, as well as out in the Clubhouse, but very softly, and the Cashiers can't always hear it, plus when they are busy, they can't always answer the phone, so the Manager sometimes misses important phone messages. 4. With the addition of new personnel expected for Riverbend, there will be additional payroll to handle, .and more and different reports. 5. The Secretary will i peM more time in the budget process. whit was a small part of the Secretary's dui:-kes prior to ttis time. Budget- r-ep"t—s &M caitulatfiom, along with attending budget meetings wiil aaqui-re more hours. 6. More time is spent helping the Manager arrange meetings, golf tournaments, etc. 3. We need to be looking at the furnishings of the new Clubhouse at this time and the cooperative effort of the Secretary.Bookkeeper is needed. 8. With the opanrin shift of personnel , the Secretary is now respoWAII-e for the ro#n accounting program at the Driving Range. Brent McFall Page Two We are experiencing an immediate increasing need for this support, and feel that it is not only timely, at this time, but necessary. . The cost will add $6,126.84 to our expenses but as we are currently running 9.1% ahead of last year, even with the bad weather, we can pay for this adjustment from unanticipated income. May we hear from you at your earliest, so that we can continue a smooth transition at the Complex? NJS/jo Kent City Council Meeting Date February 7, 1989 Category Consent Calendar 1 . SUBJECT: ORDINANCE - Lot Lines L� . ;' , i r✓ r , yeti 2 . SUMMARY STATEMENT: Adopt Ordinance amending Kent City -Code 12 . 04 (Subdivision Code) to incorpora-e administrative procedures for lot line adjustment application submittal and review, and to clarify definition of accumulative short subdivision. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Planning Committee, Planning Staff (Committee, Staff, Examiner , Commission, etc. ) 5 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3-E n. Kent City Council Meeting Date February 7, 1989 n3JC Category Consent Calendar 1. SUBJECT: CANTERBURY PRELIMINARY SUBDIVI-6jON _#SU-8.8-5 2 . SUMMARY STATEMENT: Authorization to set Feb. 21, 1989 as a public meeting to consider the Hearing Examiner ' s recommendation of conditional approval of a 20 lot single family residential preliminary subdivision located on the northeast corner of proposed 100th Ave . S.E . and S.E. 248th St . 3 . EXHIBITS: None 4 . RECOMMENDED BY: Hearing Examiner 1/4/89 (Committee, Staff, Examiner , Commission, etc. ) 5 . EXPENDITUR'E REQUIRED: SOURCE OF FUNDS: 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: i Council Agenda Item No . 3-F � n y Kent City Council Meeting (} Date February 7, 1989 1 NAN Category Consent Calendar 1. SUBJECT: KENT MEADOWS APARTMENTS , 2 . SUMMARY STATEMENT: Acceptance £or---contk4 pa-e-es rmvi� of the bill of sale and warranty agreement for construction of approximately 990 feet of water main extension, 1,196 feet of sanitary sewer extension, and 2 ,200 feet of street improvements in the vicinity of S. E. 248th St . and 104th Ave. S.E. for the Kent Meadows Apartments and release of the cash bond after expiration of the one year maintenance period . 3 . EXHIBITS: Vicinity map. 4 . RECOMMENDED BY: (Committee, Staff, Examiner , Commission, etc. ) 5 . EXPENDITURE REQUIRED: SOURCE OF FUNDS : 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3-G 1" 10 S E 248 TK 57: la Na CO. ICEW I PROJ;: T t I �V v ICod KF-xMr MMa�, HIGH SCW' L. I - CANYON PARK ` _ S E 256 TK ST- EW ui 0 KENT MEADOWS APARTMENTS vI ci Nt7Y MAP Kent City Council Meeting Date February 7, 1989 1 �1��Nlc Category Consent Calendar 1. SUBJECT: BEND OF THE RIVER APARTMENTS ( 2 . SUMMARY STATEMENT: Acceptance for--cep' mainte ra-Frcee of the bill of sale and warranty agreement for construction of approximately 1, 038 feet of water main extension, 965 feet of sanitary sewer extension, 260 feet of street improvements, and 802 feet of storm sewer improvements in the. vicinity of S. 259th St. and South Central for the Bend in the River Apartments and release of the cash bond after expiration of the one year maintenance period. 3 . EXHIBITS: Vicinity map. 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5 . EXPENDITURE REQUIRED: SOURCE OF FUNDS : 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3-H BEND OF THE RIVER APARTMENTS ST. GL�,�IYpN r s G� J 4 Kent City Council Meeting Date February 7, 1989 � - Category Consent Calendar �Aj 1. SUBJECT: LAKES DIVISION II 2 . SUMMARY STATEMENT: Acceptance €e-r- co in wii-s --operation- a-nd �tai�lrfa.=,mot of the bill of sale and warranty agreement for construction of approximately 4, 407 feet of water main extension, 5, 892 feet of sanitary sewer extension, 1 ,141 feet of street improvements, and 3, 315 feet of storm sewer improvements in the vicinity of Lakeside Boulevard and S. 220th St. for the Lakes- Division II project and release of the cash bond after expiration of the one year maintenance period. 3 . EXHIBITS: Vicinity map. 4 . RECOMMENDED BY: (Committee, Staff, Examiner , Commission, etc. ) 5 . EXPENDITURE REQUIRED: SOURCE OF FUNDS : 6 . CITY COUNCIL ACTION: Councilmember moves , Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3-I r s 77E1fH ST ` — v 21i" 1 > E Si '1" E 1 Wf i a j' 1 � t� Uy; i /� • u� �,�!... F z - i 00 13-� . IGFR [�` ^� h'OLE ST j CUIITTLE ST L 1 r — p`wi ... q fH � e1 t' r > , 2 5 ^.S_1 \• -1 1 1 PARR if ! _ } soA P�.n ' m c a Q 1 / .,` � , Z HELEN � 1 ',0 I Cc n / `r Ru!:Fu •^I sl PIoli Hs Z ) r t h e r "P N:,t:. 1 LO >..-t. 1 }� N' iFMP NArYNJ t rr > ` 7� Q FL E .i •.a.• a _ U i A VFR/RONr `i" i Z Q t ro,Nnrnr�' `t ..-I; S1 VV f f,o SMITH Z LL 22 I 23 _� c A A[EI l 1 •GULHff �/ r , , _ ,, ' °�Sli(iWf i� '1 : °FU_1)1 Vl U iCIO �zIN �161� ,c 3 THE LAKES DIV II VICINITY MAP 1 ". = 2560E Kent City Council Meeting Date February 7, 1989 Category Consent Calendar 1. SUBJECT: GREEN RIVER LEVEE IMPROVEMENTS (S. 212TH ST. BRIDGE) . 2 . SUMMARY STATEMENT: Accept as complete the contract with R. W. Scott Construction for the Green River Levee Improvements project for the final contract cost of $295, 779 . 58 and release of retainage after receipt of the releases from the State . 3 . EXHIBITS: Memorandum from the Director of Public Works and vicinity map. 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3-J DEPARTMENT OF PUBLIC WORKS February 3, 1989 TO: MAYOR KELLEHER AND CITY COUNCIL FROM: DON WICKSTROM�,D 0 RE: GREEN RIVER LEVEE IMPROVEMENTS (S. 212TH STREET BRIDGE) The contract for the Green River Levee Improvements was awarded to R.W. Scott Construction Company on July 5, 1988 for the bid amount of $289,431.80. Notice to proceed was given July 25, 1988. The project provided for levee improvements of the Green River bank at the S. 212th Street Bridge. The project was funded through the Drainage Utility. Final construction costs are $295,779.58. Project costs paid to date are $327,527.44. It is recommended the project be accepted as complete and retainage released after receipt of the necessary releases from the State. 'LLA "e. 4%01 � 9 1 • 04 AKE all GREEN R fd LEVEE IMPROVEMENTS I - t PROJLOC . e — eY zoorrTIO \.k E. II _ /T r I t' V LJ 1� 21. TN Se t / 1 1 r - „ , /. 94 ' ;!� Kent City Council Meeting Date February 7, 1989 Category Consent Calendar 1 . SUBJECT: LID 330 ( 64TH AVENUE IMPROVEMENTS ) , 2 . SUMMARY STATEMENT: Adoption of Resolution � f1 � setting March 7 as the date of the public hearing on formation of LID_ 330 . 3 . EXHIBITS: Memorandum from the Director of Public Works and vicinity map. 4 . RECOMMENDED BY: (Committee, Staff, Examiner , Commission, etc. ) 5 . EXPENDITURE REQUIRED: SOURCE OF FUNDS : 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3-K EXHIBIT 'B' LID 330 64TH AVENUE STREET IMPROVEMENTS MEEKER STREET TO S 212TH STREET LEGAL DESCRIPTION See Exhibit 'A' attached and made a part hereto. ROADWAY IMPROVEMENTS The project is the construction of a new roadway with two lanes in each direction. Also included are left turn pockets at intersections, storm drainage, curb and gutter, sidewalks, street trees, illumination and channelization. Between the left turn pockets a center two way left turn lane will be installed in certain areas and a landscaped median shall be installed in other areas. The project limits are from James Street north to S. 228th Street and from approximately 1320 feet north of S. 228th Street to S. 212th Street. The existing roadway between Smith Street and James Street shall also be widened and improved to the above standards. Traffic signals shall be installed on 64th Avenue at the intersections of Meeker Street, James Street, So. 228th Street and S. 212th Street. SANITARY SEWER IMPROVEMENTS As part of the project, an 8" sanitary sewer system will be installed willbe the properties.extended d to the adjacent limits. Sewer stubs l The sewer mainline is already existing north of S. 226th Street. Therefore in this portion of the project the sanitary improvement consists only of stub installation. WATER MAIN IMPROVEMENTS As part of the project a 12" water main will be installed in 64th Avenue South within the project limits except from S. 216th to approximately 500 feet south and south of S. 236th Street. Stubs to adjacent properties and fire hydrants shall also be installed. TOTAL PROJECT COST: $6,902, 696 .80 LID SHARE: 100% HEARING DATE: MARCH 71 1989 ".1 . 27 r I I l l• I� !"� .1 1.u1rM.a I l r i l l i l LL ��r Ir I I 2V 22 Ir I :N 23 21 ;20 19 28 VVII 1 t 19 1 2 11 18 a 3r V • G 18 v' la i0 li I 1! I ` ri• 1 33 !32 I ''31 30' 2s, 9 3 51 • 38 3s 3V 145 40, 97 V3 V9 <: V) 4V I I I I r 31 °tl { r 39 42 I 50 9 SV " Vn r VI Y - IL. I :D . 330 '• ° 7 64 H AVENUE IMPROVEMENT Tr I ' I v+ 8 I 92 C t � ❑n .� �� 93j d 1 I sl 3 tl4,Nrtn 1 . i 19 I� �j 9V I 90 1 i I 1-' j l01 � _L100_E 104 I-- ___ ..M1111 I1• I \ C. .. .� UJ 107, m d 1�11 _ Ito I 1 _, sl I 5j6 A 1iI 112 r I I ' I I CITY OF KENT, WASHINGTON RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, declaring its intention to order street, sanitary sewer and water main improvements on 64th Avenue South from Meeker Street to South 212th Street within the City and to create a local improvement district to assess the cost and expense of carrying out such improvements against the properties specially benefited thereby; fixing the date, time and place for a public hearing on the formation of the proposed local improvement district; and directing the giving of notice thereof and notifying all persons who desire to object to the improvements to appear and present their objections at a hearing before the City Council to be held on March 7, 1989 . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, as follows: Section 1. Intention to Order Improvements. It is the intention of the City Council of the City of Kent, Washington, to order the improvement of the properties within the area described in Exhibit A, attached hereto and by this reference made a part hereof, by the construction of street, sanitary sewer and water main improvements on 64th Avenue South from Meeker Street to South 212th Street within the City as described in Exhibit B, attached hereto and by this reference made a part hereof. All of the foregoing improvements shall be in accordance with the plans and specifications therefor prepared by the Director of Public Works of the City and may be modified by the City as long as such modification does not affect the purpose of the improvements. Section 2. Estimated Cost and Expense of and Manner of Payment for Proposed Improvements. The total estimated cost and expense of the improvements is declared to be $ all of such cost and expense to be borne by and assessed against the property specially benefited by such improvements to be included in a local improvement district to be established embracing as nearly as practicable all the property specially benefited by the improvements. Section 3. Hearing on Proposed Improvements and Formation of Local Improvement District- Objections and Protests Thereto. All persons who may desire to object to the improvements described herein are notified to appear and present such objec- tions at a hearing before the City Council to be held in the Council Chambers in the City Hall in Kent, Washington, at 7:00 p.m. , local time, on March 7, 1989, which time and place are fixed for hearing all matters relating to the proposed improve- ments and all objections thereto and for determining the method of payment for those improvements. All persons who may desire to object thereto should appear and present their objections at such hearing. Any person who may desire to file a written protest with the City Council may do so within thirty days after the date of passage of the ordinance ordering the improvements in the event the local improvement district is formed. Such written protest should be signed by the property owner, should include the legal description of the property for which the protest is filed and should be delivered to the City Clerk. Section 9. Notices to Owners of' Property Within and Out- side Proposed Local Improvement District. The City Clerk is authorized and directed to give notice of the adoption of this resolution and of the date, time and place fixed for the public hearing to each owner or reputed owner of any lot, tract, parcel of land or other property within the proposed local improvement district by mailing such notice at least fifteen days before the date fixed for public hearing to the owner or reputed owner of the property as shown on the tax rolls of the King County Assessor at the address shown thereon, as required by law. The - 2 - City Clerk also is authorized and directed to give notice of the adoption of this resolution and of the date, time and place fixed for the public hearing to each owner or reputed owner of any lot, tract, parcel of land or other property outside of the proposed local improvement district that is required by the Federal Housing Administration as a condition of loan qualification to be connected to the proposed improvements, by mailing such notice at least fifteen days before the date fixed for the public hearing to the owner or reputed owner of the property as shown on the tax rolls of the King County Assessor at the address shown thereon, as required by law. The City Clerk is directed to keep on file and make available for public perusal a list of the owners or reputed owners receiving either notice. This resolution also shall be published in at least two consecutive issues of the official newspaper of the City, the date of the first publication to be at least fifteen days prior to the date fixed for the public hearing. Section 5. Directing Submission of Data and Information. The City's Director of Public Works is directed to submit to the City Council on or prior to March 7, 1989, all data and information required by law to be submitted. Passed at a regular public meeting by the City Council of the City of Kent, Washington, this 7th day of February, 1989. Concurred in by the Mayor of the City of Kent, this _ day of February, 1989. DAN KELLEHER, MAYOR ATTEST: MARIE JENSEN, CITY CLERK APPROVED AS TO FORM: SANDRA DRISCOLL, CITY ATTORNEY EXHIBIT 'B' LID 330 64TH AVENUE STREET IMPROVEMENTS MEEKER STREET TO S 212TH STREET ROADWAY IMPROVEMENTS The project is the construction of a new roadway with two lanes in each direction. Also included are left turn pockets at intersections, storm drainage, curb and gutter, sidewalks, street trees, illumination and channelization. Between the left turn pockets a center two way left turn lane will be installed in certain areas and a landscaped median shall be installed in other areas. The project limits are from James Street north to S. 228th Street and from approximately 1320 feet north of S. 228th Street to S. 212th Street. The existing roadway between Smith Street and James Street shall also be widened and improved to the above standards. Traffic signals shall be installed on 64th Avenue at the intersections of Meeker Street, James Street, So. 228th Street and S. 212th Street. SANITARY SEWER IMPROVEMENTS As part of the project, an 8" sanitary sewer system will be installed in 64th Avenue South within the project limits. Sewer stubs will be extended to the adjacent properties. The sewer mainline is already existing north of S. 226th Street. Therefore in this portion of the project the sanitary improvement consists only of stub installation. WATER MAIN IMPROVEMENTS As part of the project a 12" water main will be installed in 64th Avenue South within the project limits except from S. 216th to approximately 500 feet south and south of S. 236th Street. Stubs to adjacent properties and fire hydrants shall also be installed. (1 y Ke t City Council Meeting t , } { Date February 7, 1989 Category Consent Calendar L 1 . SUBJECT: ENGINEER II POSITIONi, k [ i ; 2 . SUMMARY STATEMENT: As approved by the Public Works Committee, clarification of the position duties for the Engineer II position approved in the 1989 Public Works budget . 3 . EXHIBITS: Public Works Committee minutes, memorandum from Director of Public Works . 4 . RECOMMENDED BY: (Committee, Staff, Examiner , Commission, etc. ) 5 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3-L DEPARTMENT OF PUBLIC WORKS January 20, 1989 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTROM DQ RE: CONSTRUCTION ENGINEER POSITION IN THE 1989 BUDGET During the 1989 budget process, the Public Works Department requested an Engineer II position. We anticipated to use this position to cover a variety of duties and functions that have just outstripped our present capabilities. These duties and functions include overseeing our cross connection program, bringing on-line our water modeling and storm drainage modeling programs, initiating a storm water quality program per our Drainage Utility ordinance, maintain our Construction Standards, process developer latecomer agreements, backup our development plan review process and supplement the administration of our construction projects. To do so, the Engineer II level is the appropriate level to accomplish same. What seemed to be approved in the budget, however, based on the narrative was a plan reviewer. If this is, in fact, the case then a lower level position (Engineer I) would be all that is necessary and as such, Council action per such change is required. It is the Public Works Department recommendation that we stay with the Engineer II position and use same to cover the duties and functions noted herein. We recognize that our permit processing over this last year has been and is a concern of both the Mayor (State of the City address) and Council (Council 1989 Action Targets) . Development permit activity, however, is very volatile and, as such, staffing needs are difficult to project with any reliability. Last year was, in fact, our second highest peak as evidenced in the following table. Public Works Committee Construction Engineer II Position January 20, 1989 Page 2 Total Value Of All Permits Issued 1988 $152 , 692,258 1987 130,754,444 1986 116, 020, 516 1985 164 , 546, 404 1984 73 , 073 ,410 1983 561844, 660 1982 39 ,869, 064 1981 78, 556,745 1980 118,729,945 1979 130, 586,386 1978 60,9861469 Not only was it the second highest, but unlike previous years, it was primarily crunched into a 6-7 month period (up to June only $32 , 000, 000 had been issued. Then in June $32 , 000, 000 was issued for the month itself with the balance spread out over the remainder of the year) . With such a demand crunched into a short time period, it is no wonder complaints were received. To handle it, we supplemented our one plan reviewer with, at times, up to three of our four design engineers. While this meant delaying the implementation of some of our public works projects, we felt it was important to push these development permits through. The approach of using our design engineers as backup worked well and is our basis for recommendation to stay with an Engineer II position. The Engineer II position gives us more flexibility enabling us to address our other critical needs and not just the permit review process. It is believed that using this position to supplement our plan reviewer during peak demand and on vacation periods with further backup from our design staff should resolve any developer concerns associated with time delay. It is also hard to believe that the development pace we have experienced over the last four years will continue particularly when the economists are hinting at a recession in 1990. If it does, then, naturally, we would be back in 1990 requesting additional help. Public Works Committee January 24 , 1989 Page 3 IPM Construction Engineer Position - Clarification of Position Wickstrom explained the Public Works budget request was for an Engineer II position to work on our cross connection program, water and storm modeling, storm water quality program as well as support in the plan review process. However, the approved budget narrative refers to a plan reviewer. Wickstrom stated since the permit process is a target issue, he needs clarification as to Council 's intent; whether to hire only a plan reviewer which could be filled at an Engineer I level or to proceed with the Engineer II position as requested. The Committee unanimously approved the position to be an Engineer II to cover the variety of duties outlined in Wickstrom' s memo to the Committee dated 1/20/89. 72nd and 196th Avenue Property Accruisition (information only) Wickstrom stated it appears we will be finalizing the purchase of the property in February. If so, he wold anticipate asking Council to authorize the purchase on February 7th. The Committee had approved the acquisition in October of 1988. Wickstrom added the financial proposal for the acquisition included declaring the property surplus and selling a parcel in the vicinity of 218th Street and SR 167 . Since we have a potential buyer for the property, Wickstrom stated we would proceed with this. Other Johnson stated he had spoken with Master Builders about the Maureen MacNamara matter and Lavender Hills. Apparently, Master Builders did contact the developer and the developer will be issuing a check to Mrs. MacNamara by the end of the week. Williamson reported he, the surveyor, developer, general contractor and Public Works staff had met with Mrs. MacNamara last week. As a result of that meeting, the general contractor agreed to settle for $1, 300. Biteman asked if there were any artesian wells across from Boeing Surplus. Wickstrom stated that was the Wilson well which has been capped. The City's wells at 212th and 208th draw from the same aquifer and we are currently developing the 212th well. ..... ............ ) �N Kent City Council Meeting QGM� Date February 7, 1989 / 1J Category Consent Calendar y� �t. 1 . SUBJECT: WASTE REDUCTION/RECYCLING GRANT r , 2 . SUMMARY STATEMENT: As approved by the Public Works Committee, authorization for the Public Works Department to pursue the continuation grants from King County for the City's recycling. program. 3 . EXHIBITS: Public Works Committee minutes, memorandum from Director of Public Works . 4 . RECOMMENDED BY: (Committee, Staff, Examiner , Commission, etc. ) 5. EXPENDITURE REQUIRED: SOURCE OF FUNDS : 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3-M Public Works Committee January 24, 1989 Page 2 Mike Webby about that. Mrs. Moschel expressed her appreciation at the City' s response to her problem. low Recycling Program Wickstrom reported toters have been delivered to the West Hill residences but not to all on the East Hill. Wickstrom continued he has had a request from a resident for two pickups during the month. Wickstrom suggested we might be able to negotiate two pickups a month only for those who request it. Biteman offered an alternative of providing an additional toter to those residences. Wickstrom stated that room to store the additional toter might be a problem. Mr. Peterson of 4235 249th, a resident of the West Hill, stated there was a pickup on the first and third Tuesdlay under the trial program on the West Hill. The toters were full every two weeks. One pickup per month is not adequate. Woods suggested Wickstrom determine in what areas a second pickup might be needed and if the hauler would consider adding the additional pickup and at what cost. Wickstrom stated the city had applied for and received funds from King County for a Recycling Match Grant for 1988 . The grant provides a maximum of $20, 000 per year for three years. Wickstrom explained if the City continues to apply for continuation grants over the next two years, we will be committed to continuing the program after the grants lapse; thus the City would need to fund the program in 1991. Wickstrom stated he needs Council direction on whether to continue to pursue these grants. Biteman moved to apply for the next grant and to recommend to the Council that we continue with the program. The Committee unanimously approved. Construction Standards Wickstrom explained that we will soon be completing the construction standards. Wickstrom suggested these be reviewed by a committee similar to the one that reviewed the mitigation agreements with their recommendations brought before Council. The Committee unanimously accepted Wickstrom's recommendation. .......... Y � Kent City Council Meeting I YYY Date February 7, 1989 Nv Category Consent Calendar 1. SUBJECT: PROPERTY ACQUISITION - 72ND AVE. S. AND S. 6TH STREET 00 2 . SUMMARY STATEMENT: As approved by the Public Works Committee, authorization to proceed with the acquisition of property in the vicinity of 72nd Ave. S . and S. 196th Street and approval of the financing package proposed by the Director of Public Works . 3 . EXHIBITS: Public Works Committee minutes, memorandum from Director of Public Works. 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner , Commission, etc . ) 5 . EXPENDITURE REQUIRED: SOURCE OF FUNDS : 6 . CITY COUNCIL ACTION: Councilmember moves , Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3-N DEPARTMENT OF PUBLIC WORKS October 21, 1988 TO: PUBLIC WORKS CO,7ITTEE FROM: DON WICKSTROM RE: PROPERTY ACQUISITION VICINITY OF 72ND AVE. AND 196TH ST. This matter was brought before the Committee on August 23, 1988 (See attached minutes) . As a result thereof, we have now obtained a purchase option on the property (see attached option agreement and map of property) . The sale price is $360, 000. 00 which is the value established by our appraiser, Gary Volchok. The option is dependent on City Council approval which we have 90 days to secure. . ,Presently we are having our consultant, R.W. Beck, who is also overseeing the Western Processing cleanup for us, review the site for potential contaminants and the ramifications thereof. Their report is due in thirty days. To finance this purchase, we propose to use the $450, 000 reserve fund of the Capital Improvement Fund. To replace said funds, we propose that: 1. The $150, 000 anticipated in the 1989 Budget for the East Valley Highway Improvement (192nd to 180th) project be kept in the reserve fund; 2 . We surplus a parcel of property acquired in the vicinity of 218th Street and SR 167 (see map) for the SCS drainage channel f right of way and the proceeds therefrom be allocated to the reserve fund. Said estimated value thereof, as appraised in 1986, was $87, 000 ; and 3 . The remaining balance ($123 , 095) in project fund #3169 - SR 515 Improvement (242nd to 250th) be transferred to this fund. Staff recommendation is that the Public Works Committee approve the acquisition and the associated funding package and recommend same to the full City Council . It should be noted that formal Council action would not be sought until the consultant's analysis regarding site contamination has been completed. Also, should the conclusion therein warrant re-evaluation of the option, then this matter would be brought back to the Committee. Public Works Committee (. 100wiugust 23, 1988 j ` Page 2 CANYON DRIVE LEFT TURN LANES Morris indicated he had spoken with WSDOT •who indicated if the City passed an ordinance reducing the speed to 35 they would take it to the Highway Commission and proceed with reducing it to 35 and then the City could post it. The speed limit is currently 40 MPH from Jason to the top of the hill. WSDOT indicated they would like to have the speed limit consistent from Central. It currently is 30 MPH from Central to Jason. Biteman stated that sounded reasonable. Morris cited that from March of 1987 to August of 1987 there were 11 accidents. For the same time period this year there have been only 3 . Biteman moved the speed limit be changed to 35 from Central to the top of the hill. The Committee concurred. There was discussion about vehicles cutting across the pylons. Johnson asked that a response be prepared for his signature to Dr. Huber' s letter. PROPERTY ACQUISITION 72ND AVENUE VICINITY OF S. 196TH Wickstrom outlined the property and indicated it had recently be placed on the market for $390, 000 which he is evaluating. The property lies in the -proposed alignment of the extension of 72nd to connect it between 228th and 196th. Wickstrom indicated he felt it would be better to acquire the property now rather than letting it develop and have to condemn later. Biteman asked if we had any liability from Western Processing. Williamson indicated that the extension of 72nd is being addressed in the cleanup plans. Wickstrom requested authorization to proceed with the acquisition. Biteman moved to approve the request. The Committee concurred. MEMORANDUM OF UNDERSTANDING 272ND/277TH CORRIDOR Wickstrom indicated the Attorney's office is preparing a memorandum of understanding with the County allowing Kent to act as lead agency for an alignment study from Central Avenue up to SR 516. Wickstrom requested the Committee's approval for the Mayor to sign the memorandum of understanding once it has been prepared. The' Committee concurred. UPDATE ON CITY'S RECYCLING PROGRAM McFall stated he wanted to bring the Committee up to date on this project and also .relay a request by one of the collection companies. McFall reviewed that the City has negotiated a contract with Rabanco/Kent Disposal for a curbside residential recycling Public Works Committee January 24, 1989 Page 3 Construction Engineer Position - Clarification of Position Wickstrom explained the Public Works budget request was for an Engineer II position to work on our cross connection program, water and storm modeling, storm water quality program as well as support in the plan review process. However, the approved budget narrative refers to a plan reviewer. Wickstrom stated since the permit process is a target issue, he needs clarification as to Council 's intent; whether to hire only a plan reviewer which could be filled at an Engineer I level or to proceed with the Engineer II position as requested. The Committee unanimously approved the position to be an Engineer II to cover the variety of duties outlined in Wickstrom's memo to the Committee dated 1/20/89. 72nd and 196th Avenue Property Acquisition (information only) Wickstrom stated it appears we will be finalizing the purchase of the property in February. If so, he wold anticipate asking Council to authorize the purchase on February 7th. The Committee had approved the acquisition in October of 1988 . Wickstrom added the financial proposal for the acquisition included declaring the property surplus and selling a parcel in the vicinity of 218th Street and SR 167 . Since we have a potential buyer for the property, Wickstrom stated we would proceed with this. Other Johnson stated he had spoken with Master Builders about the Maureen MacNamara matter and Lavender Hills. Apparently, Master Builders did contact the developer and the developer will be issuing a check to Mrs. MacNamara by the end of the week. Williamson reported he, the surveyor, developer, general contractor and Public Works staff had met with Mrs. MacNamara last week. As a result of that meeting, the general contractor agreed to settle for $1, 300. Biteman asked if there were any artesian wells across from Boeing Surplus. Wickstrom stated that was the Wilson well which has been capped. The City's wells at 212th and 208th draw from the same aquifer and we are currently developing the 212th well. J PA,' Kent City Council Meeting Date February 7, 1989 f �) �� Category onsent Calendar 1. SUBJECT: SURPLUS PROPERTY - 218TH STREET AN S R. 167 1yVJ rr .V.., _ 2 . SUMMARY STATEMENT: As approved by the Public Works Committee, authorization to declare as surplus a parcel of property in the vicinity of S. 218th Street and S .R. 167 and to offer same for sale at fair market value and to direct the City Attorney to prepare the Resolution setting the public hearing date for March 7 . 3 . EXHIBITS: Vicinity map. 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5 . EXPENDITURE REQUIRED: SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3-0 SURPLUS PROPERTY 218th and SR 167 1 --1L251-- 42929.276.89 S. 218TH. S 1 I I 1 ♦ a-x_ - 1-� I-- _ OO - � J L 0.8. 4 I•'�1-I - I 1 � f � � 1 I 1 I r I I I I 1 I 1_1 1 1 1 1 I I 35.48 I_ I I I 1 1 II I I I 1 1 1 )---' --' 2 li.32 r l i r I I 1 r 1 I r --- S5.91 Q9 08 I I / / , 1 r ----L--- ' ; 1 / r 'If, Lr I I l l 1, 2 ///' /i`• ,, /I� /.\.'. I / , / , / �y \,` �\ '�\ \\\ `\•�\ �\\'\ it '--1 I ' / � i i � / I3 I 0.75 1 ' ' S. 222N0. ST. 1------ -----1 .90.Q I 1 i 1 1 6 j - I_ 1 L I I _1 ,/ / ' If .102.83 1 �L Kent City Council Meeting ( Date February 7, 1989 Category Consent Calendar 1 . SUBJECT: LIBRARY REMODEL ARCHITECT CONTRACT 2 . SUMMARY STATEMENT: Authorization for the Mayor to sign the contract with Edberg Christiansen Architects for the library remodel project . 3 . EXHIBITS: Contract 4 . RECOMMENDED BY: Staff, Public Safety Committee 1/19/89 Committee, Staff, Examiner , Commission, etc. ) 5 . EXPENDITURE REQUIRED: none at this time SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3-P ADDENDUM 1 Understanding of Fee Schedule between City of Kent and Edberg/Christiansen Architects: LIBRARY REMODEL PROJECT The following fee summary is based upon an estimated Maximum Construction Cost of $475,000. Fees paid for services 1 .0.2, 1 .0.5., are fixed at a flat rate negotiated between the parties. Compensation for Services in Phase 2 (1 .1 .4 . through 1 .5 are based on a total percentage rate of 9% of estimated maximum construction cost or $42,750.00 1 . Phase 1 : Assessment Stage: SERVICES FEE: not to exceed $ 7,340.00 (1 .0.2. ) 2. Phase 1 : Programming Stage: SERVICES FEE: not to exceed $ 4,750.00 (1 .0.4. ) 3. Phase 2: Schematic Design: SERVICES FEE: not to exceed $ 6,412.50 (15%) (1 .1 .4) _. 4. Phase 2: Design Development: SERVICES FEE: not to exceed $ 6,412.50 (15%) (1 .2.1 ) 5. Phase 2: Construction Doc's: SERVICES FEE: not to exceed $19,237.50 (45%) (1 .3.1 ) 6. Phase 2: Bidding Phase: SERVICES FEE: not to exceed $ 2,137.50 ( 5%) (1 .4.1 ) 7. Phase 2: Construction BASIC SERVICES FEE: not to exceed $ 8,550.00 (20%) (1 .5) Administration; $ 4�0.OT 1 0%) 2863G-34G - 22 - ADDENDUM 2 � � E erg C} istiarisen architects December 1, 1988 City of Kent Police Department 220 - 4th Avenue South Kent, Washington 98032 Attention: Lt. Michael Sweeney Subject: Professional Services for the Relocation of Kent Police Department Dear Mike: Edberg/Christiansen Architects (ECA) is pleased to submit this proposal for Professional Services for the anticipated relocation of the City of Kent Police Department into the adjacent King County Library building. SCOPE OF WORK 1. On-site investigation and report of existing Architectural, Structural, Mechanical and Electrical systems, materials, and conditions. 2 . Conceptual design analysis, in report form, to convert or replace existing HVAC, plumbing, lighting and power supply and distribution systems, as required for Police/Office space functions. 3 . Provide existing building floor plan for reference. 4 . Provide statements of probable Architectural design concept, materials and finishes. 5. Analytical seismic study of building structure, preliminary framing and bracing for a possible mezzanine and review of existing concrete slab and piling for additional mezzanine loads. 6. Preliminary strengthening design if required by Item No. 5. 7 . Provide written report and conceptual cost estimates for each professional consultant discipline. Gordon H. Edberg,AIA Robert L. Christiansen,AIA Architecture&Planning 616 First Avenue,Suite 400,Seattle,WA98104-2258 206/682-2857 Lt. Sweeney December 1, 1988 Page -2- COMPENSATION Compensation for basic services rendered will be a lump sum amount of seven thousand, three hundred forty dollars ($7, 340. 00) , plus normal reimbursable expenses for reproduction, printing, photographs, binding, and travel at 20 cents per mile. �� Should Item No. 6 on the previous page not be required, the lump sum amount will be reduced by $990. 00 to a maximum of $6, 350. 00. SCHEDULE The time for completion of the building analysis and report is estimated to be within 30 days from authorization to proceed. / OTHER TERMS L(6 ayments for professional services rendered and for reimbursable charges will be made monthly upon presentation of ECA's tatement. Payments due ECA under this Agreement will include a service charge of one and one-half percent (1. 50) per month or the maximum permissible by applicable law, whichever is less, n� C, on any amount not paid within thirty (30) days after the date t� of billing. G \ TERMINATION This Agreement may be terminated by either party upon seven (7) days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. In the event of termination not the fault of ECA, ECA shall be compensated for all services performed to termination date, together with reimbursable charges then due, and reasonable termination charges. This letter is the entire Agreement between the Owner and ECA. Changes or additions in the Agreement must be in writing and must be signed by both the Owner and ECA. Acceptance of this Agreement by separate instrument is limited '= to the terms hereof, and ECA hereby expressly objects to any -Lt. Sweeney December 1, 1988 Page -3- different or additional terms contained in the Owner's instrument of acceptance, whether in form of purchase order, acknowledgement, acceptance or other document. qIf this Agreement is satisfactory, please sign, date, and return t7�/\ one copy to us as our authorization to proceed. Respectfully submitted, E BERG/CHRISTIANSEN ARCHITECTS f 40 q ar ne ►"° - \ ` :sv C Q/ Accepted by: i n Owner Y Name Title Date C Kent City Council Meeting Date February 7, 1989 f Category Consent Calendar 1 1 . SUBJECT: -AQRE`ZT=--F0R--"BERV1C-a - CREDIT NORTHWEST CORPORATIONe 2 . SUMMARY STATEMENT: Authorization for the Mayor to sign the contract with Credit Northwest Corporation to assist the Police Department in locating suspects and/or assist in background checks of applicants for the Police Department . 3 . EXHIBITS: Contract 4 . RECOMMENDED BY: Staff, Public Safety Committee 1/19/89 (Committee, Staff, Examiner , Commission, etc. ) 5 . EXPENDITURE REQUIRED: none SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3-Q AGREEMENT FOR SERVICE (Member Agreemenl) I111t CHEDI I BUREAU. 1\CURI10R,%:I ED OF GBoItGIA ou:mr Nonlll\{P_sr Conl41tATION 1. 'file undersigned, desiring to use your services at tale regular prices established by you from lime to time, agrees to furnish information concerning its customers with the exception of information it has received from others, upon year request and further agrees that all infornnaliou,whether oral or written, whether by report, bulletin or otherwise,will be submitted and received subject to the following conditions: 2. Information will be requested only for our exclusive use. All information received iron)you will be held in strict confidence, except to the extent that disclosure to others is required by law. Reports on employees will be requested only by our designated representalives and employees will be forbidden to attempt to obtain reports on themselves,associates or any other persons exccpl in the exercise or their official duties. 3. We agree ill hold The Credit Bureau, Incorporated of Georgia and Credit Northwest Corporation and all their agents seconds- ou account of any expense or damage arising or resulting from the publishing or other disclosure contrary to those condi- tions, by us, our employees or agents, of report or other information. d. Recognising chat in r fomation is securest by and through fallible human sources and that for the fee charged you cannot Ile tm insole,of the accuracy of the information, we understand and agree that the accuracy of any information furnished is Ilot tmarauteed by you and we release the Credit Bureau, Incorporated of Georgia and Credit Northwest Corporation and their agents,employees,and independent contractors from liability for any negligence in connection with the prepara- tion of such reports and from any loss or expense suffered by us resulting directly or indirectly from your reports or those of your affiliated companies. 5. All reports and bulletins will be charged to the undersigned at the regular rates of the Credit Bureau, Incorporated of Georgia/Credit Northwest Corporation in the city in which the service is rendered, such charges to be applied against the contract price, and charges, in addition to the contract price, shall be paid for by the undersigned upon rendition of monthly or yearly statements. b. Written notice by either party will terminate this agreement, but the obligations and agreements of the undersigned set forth in the second, third and fourth paragraphs above will remain in force. 7. We certify that consumer reports, as defined by the Pair Credit Reporting Act, will be ordered only when intended to be used as a factor in establishing a consumer's eligibility for new or continued credit, collection of an account, insurance, licensing, ennployn)enl purposes, or otherwise in connection with a legitimate business transaction involving the consumer and such reports will be used for no other purpose. Each request for a report which we intend to use for employment pur- poses will be specifically identified to you at the time the report is ordered. We certify that consumer reports will only be obtained for the following specific permissible purposes and for no other purpose: 1 (a) in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of the credit to, or review or collection of an account of the consumer, or xi (b) for employment purposes (J (c) in connection with the underwriting of insurance involving the consumer ❑ (d) in connection with a business transaction involving the consumer which is 8. We understand and agree that this teed, constitutes all agreements and conditions of reporting, present and future, and applies to all types of reports, including all types of checking services and bulletins, made by you and your affiliated conn- panies. Reports from affiliated companies shall be paid for at their prices established from time to time. No changes in this agreement may be made except by consent in writing of an officer of The Credit Bureau,Incorporated of Georgia/Credit Northwest Corporation. 9.The undersigned is a duly authorized representative with all powers required to execute this agreement. Company By Title Daled c_-- — aOthcr total Per Service _ Type Business Beginning _— Zip 6 Mailing Address Zip Street Address A Telephone No. Account Number bons 214t 7 117 LISA AGREEMEN'r FOR SERVICE (D,rEC Scrvice) THE. CREDIT BUREAU, INCORPORATED OF GEORGIA CREDIT NORT INVEST CORPORATION 1, The umdc•rsiguced, desiring to use your D"CEC services at the regular prices established by you from time_ to time, agrees that all information,whrtherural orw•ritten,whether by report orothenvise,will be submiued and received subject to the following conditions: 2. Information will lie requested only for our exclusive use.All information received from you,other than name and address iii1ormation from a DTEC report, will be held in strict confidence, except to the extent that disclosure to others is rv(piiied by law. 'i. Recognizing ihv information is secured by and through Gdlibde human sources and that for the fee c'hargecd you cannot hr ;ill insuler of, Ill(- accuracy of the information, we undcl-sland and agree that the accuracy of any informaion furnished is not guaranteed by you and tye release The Credit Bureau, Inc'orporawd of Georgia and Cic•clit Notthwest Corporation and tllcir agents, employees, and independent contractors from liabili(y for any mrgligem r in rouneriion wish the preparation of DTEC reports and from any loss or expense suffered b\• us resulting dirCrrly or indirc(dY front DTEC t'cpurts from you or your al,idiated companies. I. All Irp,nis will hC rh:ngcd to ihC und(•rsignc-d ;it the rc•golar raics of'1hr Clcdil Bureau, lncolimmi •d of c:rnigi.i/r'r•dil I•Inrhwcsl Cm pm;1liun in dw city in whi(-h ilie svr\i(v is rcndricd. Such ch:uges shall hr• paid till L Ihr ondcrsignC(I rlpon tenlitiun ill tunnthlV slatcntcills. \CTinCn mmli(e I,c eithrr party will wiminaw ibis agreement, hill the obligations and agreclucnts of the undersignCil set Iotih in the second, Illird, and fomih paragraphs above will remain in force. \%t- will Icitill iliac ai wr"cill ,nlvnsrll'IP.C14poristodor:ucwfnrthcridcutilvihc.cuhjerloflhrreportancdlimlwcwill not orcderor Its(' Ill I:(: rcpoi is in \limb m. p:u i to dcicl tribe eligibility firr credit, eniploynicm, or iiismam c ur any other _ purpose that pcimils it consumer report to be ordered, except in connection with the collection of it debt. h it ad%ci sr action is iu he utken against the subject:uul ihc'information to l>c'used has berm ohiainc d h oni DTEC, it will be verified by another source. I lie U'I'EC information will be used as lead information only. ci no (onstrincr )Cporis will he ordered from you pursuant to this agreement. If the need fora Consumer rcpon should arise•, we s+'ill contact vuu to arrange for this service. d, it is nndcl stood th:U obtainini; r'UtlsUln'r reports under false piciciiscs is a violation of i-Cileral law :uud tray suhjcrl its to it lice• of not Inure that R;o(l(1 or imprisonment of not more than one year, ur both. 7. \Veundrraand;nulagreclh:ulhislctic'rconsiinucsallagrccnuntsandcorulitionsofD"I ECrepurtscniccnrrleLly you :old suer affiliate conipatlics. D-IT.0 rrporls fruin aflilimed companies shall be paid for al Ihcir prices Cslablishcd lions lime io tin e. No changes in Ibis agi ce llic•nt maybe made'excerpt to consepl ill wrilingokin olh(cr of Tllc• Credit Brlrean, Incorporated of Gcoigia/Credit Northwest Corporation. Compall}' x-- --- --- -- --- ---— ----- ---BY �------- ------ ------------ Title ------- -- ------ --- -- Dated 4 -- - - at — -- ---------- ------- G,r Sim, Scl-vie . __. ._.__ ..__.-__ Other _-------------_--- Total _ - Per ------------ M-gilming A- -- ----- - -- - ----- - -- - Type Business y--- --- --- 1lailiiig Address -------------------- ---- Zip ,e— -- Succt Addicss r ---------- --- ---- — — — --- zip Y---- - -- A(count Num1wr Telephone No. )a — Foon ps,s s/aa �1 .............. 11/ I Kent City Council Meeting / Date February 7, 1989 � ll Category Consent Calendar 1. SUBJECT: POLICE tWORD PROCtESSI1 G POS `ITIONS 2 . SUMMARY STATEMENT: The Police Department requests approval to increase police wor processing staff by . 5Q full time employees . In addition, it has been recomhended and authorized to transfer 1 . 50 full time employees fro7' Information Services to the Police Department . This would allow for 2 full time employees for data ent y and typing ofifnaster case reports. As the Police Department i a 24-hour per,, day, 7 day per week operation, it is essential to provido' word processing functions on a continuous basis . ' he Department has added 7 additional police officers this ear . Each o$' these new officers will generate additional ase eports . .' We continue to see increases in calls for serveoe which are cabsed by increases in population in Kent and uninc6rporated ingounty. In addition, annexations by the City have' and will gr`,�atYy increase service requests and necessary reporting by police . 3 . EXHIBITS: Attached 4 . RECOMMENDED BY: Staff , City Administrator , Public Safety Committee /8 (Committee, Staff, Examiner , Commission, etc. ) 5 . EXPENDITURE REQUIRED: $12,832. 00 SOURCE OF FUNDS : City Contingency Fund 6 . CITY COUNCIL ACTION: Councilmember moves , Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3-R MEMORANDUM �`✓P //yy�,,—��r � DATE: December 29, 1988 TO: Brent McFall , City Administrator FROM: Ron Spang, Information Services Director `% ti Al- SUBJECT: POLICE WORD PROCESSING 9l�FyT This memo confirms and documents the resolution of Police word processing I services, as determined at a meeting today between yourself, Chief Frederiksen and myself, as follows: Resolved That: II The Police Department will assume responsibility as soon as reasonably possible for word processing services in support of Police master case reports with a staffing complement of 2.0 FTE. Funding for the 2.0 FTE is 1 .5 FTE transferred from Information Services and .5 FTE additional ; Information Services will assist PD in an orderly transition, will retain responsibility for Police supplementals, statements, and filing packets. Information Services staffing for 1989 will .be reduced from its currently authorized level by 1 .5 FTE, leaving a net 3.5 FTE for central WP support. Information Services has vacancies for the 1 .5 FTE' s. Coupled with the additional .5 FTE which is hereby authorized, PD can initiate recruitment for the new positions. Information Services staff may apply at their individual discretion. Approved as outlined above: r J. rent McFa City Administrator Approved as outlined above with these changes : J. Brent McFall , City Administrator Date copies: Rod Frederiksen, Chief of Police Mike Webby, Assistant City Administrator Tony McCarthy, Finance Director Mike Sweeney, Police Department Rose Grabert, Information Services Department 675I-17I KENT POLICE DEPARTMENT NOVEMBER 23, 1988 TO: Brent McFall, City Administrator FROM: Rod Frederiksen, Chief of PolicelM, SUBJECT: Police Word Processing Needs I have had the opportunity to review Information Service Director Spang's report regarding Police word processing needs. I accept his staffs analysis of the current work load generated by the Kent Police Department staff for master reports. Recommendation: Although Word Processing recommends an initial staffing level of 1. 5 versus the 2 positions requested by me, I am asking that you grant my original request for the following reasons: 1. As we are a 24-hour per day and seven-day a week operation, it is necessary to provide word processing functions on a continuous basis. Two staff members would provide word processing functions through vacation, sick time, and other necessary staff absence. 2. We are anticipating the addition of seven additional police - officers next year. Each of these new officers will generate additional case reports. 3 . We continue to see increases in calls for service which are caused by increases in population both in Kent and unincorporated King County. In addition, annexations by the City have, and will, greatly increase service requests and necessary reporting by police. Summary: I feel that two positions would efficiently deal with word processing needs of the Police Department now, and as increased word processing needs grow following the addition of new personnel at the beginning of the year. The additional staff members would also allow us to effectively deal with additional requests for service caused by anticipated City and County growth during FY 89. cc: Mike Sweeney Ron Spang Hal Rees /klr PD MEMORANDUM DATE: November 18, 1988 TO: Brent McFall , City Administrator FROM: Ron Spang, Information Services Director SUBJECT: POLICE WORD PROCESSING NEEDS This report describes the current and recommended methods of addressing Police word processing needs, as outlined below and in the attached documents. Information Services concurs with the general recommendation of moving unique, confidential , time-critical Police word processing work back to that department in a phased approach. Our specific findings and recommendations follow. Current System A summary/analysis of the current ISO efforts has been developed by Seattle University student/intern Paula Kingsley. Paula met with appropriate staff from both departments and prepared the attached summary/analysis of selected months in 1988. Proposed System/Recommendations A summary/analysis of the proposed system has been developed by Rose Grabert and myself. We propose an initial Police Department staffing level of 1 .5, versus the requested 2.0, possibly augmented by funds for temporary part-time help as needed. If it is decided to grant the Police Department the requested 2.0 positions, we suggest that the Police Department commit to a time-specific transition of additional police word processing work, so that the proposed .79 FTE gain by the Police Department is not at the expense of City-wide Word Processing services. We would also encourage the Police Department, in any scenario where existing City staff is affected, to consider reasonable accommodation in the institution of off-shift hours to benefit the Police Department and existing staff during the transitional period. Rose, Paula and I would be pleased to answer any questions and/or meet together with the Police Department, as appropriate. Please advise. Thank you for the opportunity to comment on this matter. copies: Rod Frederiksen, Police Chief Mike Sweeney, Police Department Rose Grabert, Information Services Department Paula Kingsley, Information Services Department Attachments 670I-17I �. � �✓ ' Kent City Council Meeting Date February 7, 1989 1 J Category Other Business 1. SUBJECT: RUTH REZONE #RZ-88-4 (KENT EAST HILL SHOPPING CENTER) 2 . SUMMARY STATEMENT: On November 16 , 1988 and January 4, 1989 , the Hearing Examiner recommended conditional approval of Alternative #1 on a request by Barghausen Consulting Engineers, Inc. to rezone . 85 acres from MRM, Medium Density. Residential and 15 . 55 acres from 0, Professional and Office to CC, Community Commercial . The site is located at the southwest corner of 104th Ave . S .E . and S. E. 260th St . and is bounded by 100th P1 . S. E. (Crow Road) to the west and S .E. 264th St . on the south. 3 . EXHIBITS : Staff memo, staff report, minutes, findings and recommendation, final EIS, Request for Reconsideration, Order Denying Request for Reconsideration . 4 . RECOMMENDED BY: Hearing Examiner 11/16/88 and 1/4/89 . (Committee, Staff, Examiner , Commission, etc. ) Approval with 15 conditions . 5 . EXPENDITURE REQUIRED: None SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: CouncilmemberV } &-) moves, Councilmember alm seconds to adopt the findings of the Hearing Examiner, to, concur with the Hearing Examiner 's recommendation and to direct the City Attorney to prepare the rezone ordinance. DISCUSSION: U ACTION: Council Agenda Item No. 4A KENT PLANNING DEPARTMENT February 2, 1989 MEMO TO: Mayor Dan Kelleher and City Council Members FROM: Fred N. Satterstrom, Acting Planning Director SUBJECT: RUTH/KENT EAST HILL SHOPPING CENTER REZONE #RZ-88-4 On September 21, 1988, October 5, 1988 and October 19, 1988, the Hearing Examiner held a public hearing to consider an application by W. E. Ruth Realty to rezone .85 acres from MRM, Medium Density Multifamily Residential, and 15.55 acres from O, Professional and Office, to CC, Community Commercial. The property is located at the southwest corner of 104th Avenue SE and SE 260th Street and is bounded by 100th Place SE (Crow Road) to the west and SE 264th Street on the South. The total site is 23 .4 acres in size. On December 21, 1988, the Hearing Examiner held a public hearing to establish conditions on the rezone proposal. The Hearing Examiner recommends approval of this rezone request ("Alternative i" of the EIS) subject to the following conditions: 1. Eliminate the driveway on SE 260th Street at the northwestern corner of the site. Align driveway entrances off of SE 260th Street with 101st Avenue across the street. 2 . No parking shall be allowed directly off the main drive aisles within the site; instead, these aisles shall be lined with landscape islands a minimum of five feet in width. 3 . The parking located along the west property line shall be marked for "employees only" . 4 . Buildings and roofs should be finished with quality, nonreflective, earth-toned materials so as to reduce glare to surrounding areas. 5. A sign plan shall be required which will indicate all sign locations and show that illumination from signs will not adversely affect neighboring residences. 6. Foundation landscaping shall be required along the front and side building facades to break-up the barren appearance of walls and lessen the bulky appearance of the structures. The landscaping shall consist of evergreen and deciduous trees at a minimum height of 12 feet, with supporting shrubs and ground cover. 7 . All landscaping shall be irrigated. 8. All interior landscape islands shall be a minimum of five feet in width and planted with at least one tree, at a minimum height of 12 feet and minimum caliper of two inches. Shrubs and/or ground cover shall also be included in these landscape islands. 9. Shopping cart return areas shall be interspersed throughout the parking lot and screened with landscaping in addition to the required parking lot landscape islands. 10. All building facades facing public streets shall provide some type of architectural relief, either in the form of fenestration, building modulation, or surface treatment. 11. Lighting shall be provided for the rear employee parking lot which is located along the west property line. 12 . The proposed Target Store (or other subsequent tenant) shall provide a vehicular pick-up area for customers picking up large purchases. The pick-up area shall be located in an area which will not conflict with pedestrian or vehicular circulation. 13 . In addition to the above conditions the applicants representatives expressed a willingness to provide some type of public art work on the walls of the shopping center buildings where it faces public streets. Such public art shall be approved by the Planning Department prior to its installation. NOTE: These conditions are in addition to the mitigating conditions issued by the City' s SEPA Responsible official and contained in the Final EIS. CA:FNS:ca CITY OF KENT OFFICE OF THE LAND USE HEARING EXAMINER IN RE ) RUTH/KENT EAST HILL ) ORDER DENYING REQUEST SHOPPING CENTER ) FOR RECONSIDERATION #RZ-88-4 ) INTRODUCTION THIS MATTER came before the undersigned for public hearing on September 21, 1988, October 5, 1988 and October 19, 1988 , and a recommendation in favor of Alternative #1 (commercial zoning for the entire site) was issued on November 16, 1988 . A Request for Reconsideration dated December 20, 1988 and received by the Planning Department of December 23, 1988, was received from Nancy Streiffert. The Request for Reconsideration contains no new facts or evidence. ORDER AS A RESULT of the fact that the Request for Reconsideration contains no new facts or evidence, it is, HEREBY ORDERED that the Request for Reconsideration be, and is, DENIED. Dated this 4th day of January, 1989 . L' e'z1'ZL DIANE L. VANDERBEEK Hearing Examiner 10102 SE 270th Place Kent, WA 98031 December 20,1986 Ms Diane L. VanDerBeek Hearing Examiner L1i:C 'l 3 �gF3f; City of I:ent ` r�Sr7 :it7 I:ent, WA 96031 r Dear Ms VanDer6eek, Thank you for the inclusion of my two previous letters and public testimony in the documents concerning the Ruth/}tent East Hill Rezone request. I will not repeat the grave concerns I have about this rezone to allow the building of another massive shopping area. I realize that i am the only person who has spoken or written to any great extent against this proposal. I would just like to point out that I believe there is not one person who has spoken or written in favor of the proposal who does not stand to gain financially, in most cases in a substontial way, from the - proposed rezone. All the letter writers and speakers in favor of the rezone live or own property adjacent or across the street which, if this rezone is allowed, will then be in line to be "upzoned", raising the value of their property. I found it quite touching that the last gentleman who spoke so eloquently in favor of the rezone and "proved" with various charts and graphs that the traffic would actually improve at the major intersection due to the planned mitigating measures, owns property across the street but does not live there and therefore will not be around to enjoy the vast improvement in the traffic! Similarly the lady who loves to shop and thinks a Target store will be very handy, does not live close to it but mans property nearby. I realize that money is what makes the world go around but quality of life cannot be bought back easily once it is sold. I hope you will reconsider and recommend against this rezone. Respectfully, 1%, ncy Streiffert PLANNING AGENCY STAFF REPORT FOR HEARING EXAMINER MEETING OF DECEMBER 21, 1988 FILE NO: RUTH/KENT EAST HILL SHOPPING CENTER #RZ-88-4 APPLICANT: W.E. RUTH REALTY REQUEST: Request to rezone .85 acres from MRM, Medium Density Multifamily, and 15. 55 acres from 0. Professional and Office, to CC, Community Commercial . The applicant proposes to construct a retail shopping center on the rezone site and on an adjacent 6.9 acre site currently zoned CC. The shopping center would cover 23 .4 acres. STAFF REPRESENTATIVE: Libby Hudson, Planner STAFF RECOMMENDATION: RECOMMENDED CONDITIONS. The Planning Department staff recommends that the following conditions as outlined in the staff report be applied to the approval of the Ruth/Kent East Hill Shopping Center Rezone proposal, Alternative #1. RECOMMENDED CONDITIONS 1. Eliminate the driveway on SE 260th Street at the northwestern corner of the site. Align driveway entrances off of SE 260th Street with 101st Avenue across the street. 2 . No parking shall be allowed directly off the main drive aisles within the site; instead, these aisles shall be lined with landscape islands a minimum of five feet in width. 3 . The parking located along the west property line shall be marked for "employees only" . 4. Buildings and roofs should be finished with quality, nonreflective, earth-toned materials so as to reduce glare to surrounding areas. 5. A sign plan shall be required which will indicate all sign locations and show that illumination from signs will not adversely affect neighboring residences. 1 Recommended Conditions Ruth/Kent East Hill Shopping Center IRZ-88-4 6. Foundation landscaping shall be required along the front and side building facades to break-up the barren appearance of walls and lessen the bulky appearance of the structures. The landscaping shall consist of evergreen and deciduous trees at a minimum height of 12 feet, with supporting shrubs and ground cover. 7 . All landscaping shall be irrigated. 8 . All interior landscape islands shall be a minimum of five feet in width and planted with at least one tree, at a minimum height of 12 feet and minimum caliper of two inches. Shrubs and/or ground cover shall also be included in these landscape islands. 9. Shopping cart return areas shall be interspersed throughout the parking lot and screened with landscaping in addition to the required parking lot landscape islands. 10. All building facades facing public streets shall provide some type of architectural relief, either in the form of fenestration, building modulation, or surface treatment. 11. Lighting shall be provided for the rear employee parking lot which is located along the west property line. 12 . The proposed Target Store (or other subsequent tenant) shall provide a vehicular pick-up area for customers picking up large purchases. The pick-up area shall be located in an area which will not conflict with pedestrian or vehicular circulation. 13 . In addition to the above conditions the applicants representatives expressed a willingness to provide some type of public art work on the walls of the shopping center buildings where it faces public streets. Such public art shall be approved by the Planning Department prior to its installation. DEIS CONDITIONS For the record, the Responsible Official (i.e. , Planning Director) intends to establish as conditions of the environmental decision on Ruth/East Hill Shopping Center all of the mitigating measures outlined on PP. 4-14 of the Draft Environmental Impact Statement. These mitigation measures are specified below. In addition, other 2 Recommended Conditions _. Ruth/Kent East Hill Shopping Center #RZ-88-4 mitigating measures may be established by the Responsible Official in the Final EIS as a result of the written comments on the DEIS or comments made at the Ruth Public Hearings. I. BUILT ENVIRONMENT A. EARTH 1. The City's requirements on grading and excavation will be followed. 2 . All the recommendations of the soil engineers will be implemented. Please refer to Appendix D of this DEIS. 3 . Erosion will be controlled during construction by minimizing the area of exposed soil at any given time with pavement, tarps, vegetation or similar measures. 4 . A 30-foot-wide strip of land along the western property line and a 50-foot-wide strip of land along " the southern property lone will be retained in its natural state, excluded from the development, and existing vegetation will be supplemented with new vegetation. 5. Please refer to mitigating measures under "water" . 6. The quantity of storm water run-off from the development project will be restricted to the 10- year/25-year (release rate/detention volume) design storm as established by the City of Kent Engineering Department. This means that the release rate for the project site during a 25-year reoccurrence interval storm will be limited to the existing conditions of a 10-year release rate. On-site conveyance pipes will be designed to provide a minimum velocity of 2 . 0 feet per second in order to keep the pipes relatively maintenance free from sediment buildup. The on site conveyance pipes will route storm drainage flows to an on-site storm drainage detention system which will probably consist of an underground vault or pipe sized to provide the necessary detention volume. Storm drainage flows will be released from the detention facility through an oil/water separator/flow 3 Recommended Conditions Ruth/Kent East Hill Shopping Center #RZ-88-4 restrictor device and discharge drainage flows off- site in a manner similar to the existing conditions. Water quality conditions from the developed site will be maintained by the oil/water separators and biofiltration in accordance with current City of Kent Standards. 7. During construction, temporary erosion and sedimentation control measures consisting of siltation filter fence, sedimentation ponds, cutoff ditches and rock check dams will be used to provide temporary erosion control in accordance with City of Kent standards. After construction has been completed storm drainage flows will be tightlined into a storm drainage system and release through an oil/water separator/flow restrictor device in accordance with City of Kent standards. 8. A preliminary Grading and Storm Drainage Plan prepared for this project indicated that the east basin would require approximately 31, 000 cubic feet of storm drainage detention volume while the west basin will require approximately 33 , 000 cubic feet of storm drainage detention volume. The Preliminary Storm Drainage Plan provided this detention in the west basin with an underground concrete vault 191x 151x 115 ' inside dimensions. The detention volume for the east basin will be provided by an underground concrete storm drainage detention vault 38 ' x 5 ' x 156 ' inside dimension. 9. The 104th Avenue SE storm drainage system will be improved to adequately accommodate the proposed projects' added runoff. 10. Erosion and sedimentation control measures determined appropriate by the City of Kent Engineering Department will limit potential increase in erosion of the Canyon and sedimentation of Mill Creek. This will include tightlining drainage to the bottom of the Canyon from Crow Road to prevent erosion of the Canyon Wall. 11. Additional mitigating measures may be required by the City during the City's detailed review of the final engineering design plans. 4 Recommended Conditions Ruth/Kent East Hill Shopping Center #RZ-88-4 B. WATER 1. The quantity of storm water run-off from the development project will be restricted to the 10- year/25-year (release rate/detention volume) design storm as established by the City of Kent Engineering Department. This means that the release rate for the project site during a 25 year reoccurrence interval storm will be limited to the existing conditions of a 10-year release rate. on-site conveyance pipes will be designed to provide a minimum velocity of 2.0 feet per second in order to keep the pipes relatively maintenance free from sediment buildup. The on site conveyance pipes will route storm drainage flows to an on-site storm drainage detention system which will probably consist of an underground vault or pipe sized to provide the necessary detention volume. Storm drainage flows will be released from the detention facility through an oil/water separator/flow restrictor device and discharge drainage flows off- site in a manner similar to the existing conditions. Water quality conditions from the developed site will be maintained by the oil/water separators and biofiltration in accordance with current City of Kent standards. 2 . During construction, temporary erosion and sedimentation control measures consisting of siltation filter fence, sedimentation ponds, cutoff ditches and rock check dams will be used to provide temporary erosion control in accordance with City of Kent standards. After construction has been completed storm drainage flows will be tightlined into a storm drainage system and release through an oil/water separator/flow restrictor device in accordance with City of Kent standards. 3 . A preliminary Grading and Storm Drainage Plan prepared for this project indicated that the east basin would require approximately 31,000 cubic feet of storm drainage detention volume while the west basin will require approximately 33, 000 cubic feet of storm drainage detention volume. The Preliminary Storm Drainage Plan provided this detention in the west basin with an underground concrete vault 19 'x 15 'x 115 ' inside dimensions. The detention volume 5 Recommended Conditions Ruth/Kent East Hill Shopping Center #RZ-88-4 for the east basin will be provided by an underground concrete storm drainage detention vault 38 ' x 5' x 156 ' inside dimension. 4 . The 104th Avenue SE storm drainage system will be improved to adequately accommodate the proposed projects' added runoff. 5. Erosion and sedimentation control measures determined appropriate by the City of Kent Engineering Department will limit potential increase in erosion of the Canyon and sedimentation of Mill Creek. This will include tightlining drainage to the bottom of the Canyon from Crow Road to prevent erosion of the Canyon Wall. 6. Additional mitigating measures may be required by the City during the City's detailed review of the final engineering design plans. C. PLANTS 1. A 30 foot landscape buffer is proposed along the westerly property line. Existing vegetation will be supplemented to provide a vegetation screen. 2 . A 50 foot landscape buffer is proposed along the southern property line across from future residential area. Existing vegetative screen. 3 . Prior to construction, trees proposed to be saved will be flagged so that construction workers will be able to avoid them when clearing and grading. 4 . Any trees that are injured or inadvertently removed during construction will be replaced with a tree or trees of equal caliper within 60 days. 5. Consistent with section 15.07.040 "General Landscape Requirements - All Zones" of the Kent Zoning Code, a minimum of 10 percent of the parking maneuvering area and landscaping space will be landscaped, excluding required perimeter landscaping. All portions of the site not devoted to building, future building, parking, storage or accessory uses shall be landscaped. 6 Recommended Conditions Ruth/Kent East Hill Shopping Center #RZ-88-4 6. During clearing the grade level around any tree to be retained may not be lowered within the area defined by the drip lone of the tree to be preserved. During construction the applicant shall construct a temporary fence corresponding to the drip line of each tree to be preserved, only hand clearing will be allowed in 30 ' and 50 ' landscape buffers. 7 . Construction materials and equipment will not be stored/parked within the area defined by the drip line of trees to be saved. D. ANIMALS 1. A 30 foot landscape buffer is proposed along the westerly property line. Existing vegetation will be supplemented to provide a vegetation screen. 2 . A 50 foot landscape buffer is proposed along the southern property line across from future residential area. Existing vegetative screen. 3 . Landscape plantings will consist of species conducive to providing cover and food to native, local faunal species. 4 . Prior to construction, trees proposed to be saved will be flagged so that construction workers will be able to avoid them when clearing and grading. 5. Any trees that are injured or inadvertently removed during construction will be replaced with a tree or trees of equal caliper within 60 days. II. ENVIRONMENTAL HEALTH A. NOISE (Short-term construction) 1. Construction equipment will be placed as for away from nearby residences as possible. 2 . Only that construction equipment which complies with the State of Washington maximum environmental noise standards will be utilized. 7 Recommended Conditions Ruth/Kent East Hill Shopping Center #RZ-88-4 3 . Construction equipment will be operated between the hours of 7 :00 a.m. and 7:00 p.m. only, Monday through Friday. 4. Noisy operations will be scheduled so that they are not concurrent. 5. Construction activity will be scheduled so that all truck traffic does not occur concurrently in order to avoid vehicle congestion. 6. Idling equipment will be turned off. (Loncr-term operation) 7. Except for emergency vehicle access and limited delivery service from SE 264th Street, vehicle access to the site will be restricted to 104th Avenue SE and SE 260th Street. These two streets are located away from the residential land directly south of the site. The proposed buildings will be sited so as to screen traffic generated noise from the residences to the south and park to the west. 8 . Mechanical and refrigeration equipment of the grocery store will be screened from residential properties by buildings, walls or enclosures. 9. Truck deliveries to the Anchor retail store located in the southernmost building will be limited to the hours of 8: 00 a.m. to 5: 00 p.m. week days only. 10. To eliminate potential annoyance from truck mounted refrigeration units, .it is common to turn these units off during deliveries. This practice along with a prohibition of use of engine brakes while on the site are matters of store policy and will be implemented by the store operation. 11. Garbage containers will have outside surfaces treated with rubber to effectively reduce noise. 12 . A four to six-foot-high landscape earth berm will be located along the southern property line across from the apartments which are under construction and near completion. The proposed earth berm will 8 Recommended Conditions Ruth/Kent East Hill Shopping Center #RZ-88-4 reduce noise levels south of the site. Where the proposed earth berm is higher than the noise source, off-site noise levels will be reduced by up to 15dB(A) . 13 . The potential 24 hour grocery store will be buffered from the south property line by other buildings. 14 . Truck loading areas will be located away from the southeast corner of the site which lies adjacent to residentially zoned and developed property to the south, southeast, and east of the site. 15. A landscaped buffer will be located along the southern portion of the east side of the site in order to reduce noise from traffic on site from impacting residences east of the site. III. LAND USE AND SHORELINE USE A. LAND USE Mitigating Measures: 1. A 50-foot landscape buffer/screen will be installed along the south property line across from the planned apartments. A 30-foot landscape buffer/screen will be installed along the western property line. 2 . Except for emergency access and limited delivery service from 264th Street, access will be limited to 104th Avenue SE and SE 260th Street. 3 . A landscape buffer will be installed along the eastern edge of the south portion of the site. 4 . Buildings will be oriented so as to screen parking areas, traffic and associated noise and lighting from properties to the south and west. 5. See mitigating measures under Aesthetics and Light and Glare. B. AESTHETICS Mitigating Measures: 1. Buildings will consist of quality non-reflective earth toned materials that will compliment the natural landscape. 9 Recommended Conditions Ruth/Kent East Bill Shopping Center #RZ-88-4 2. Lighted signs shall be located on-site so as not to shine into existing adjacent residences and residentially zoned land. Free standing signs will be limited to the north and east property lines. No retail signs will be located along 100th Place SE or SE 264th Street. 3 . A 30-foot landscape buffer is proposed along the westerly property line. Existing vegetation will be supplemented to provide a vegetation screen. 4 . A 50-foot landscape buffer is proposed along the southern property line across from future residential area. Existing vegetative screen. 5. A landscape buffer will be installed along the eastern edge of the south portion of the site. 6. Signage will be carefully planned and designed to lessen impacts to adjacent residential uses. Freestanding signs will be limited to the north and east property lines. C. LIGHT AND GLARE Mitigating Measures: 1. The exterior lighting system shall be planned so that the maximum feasible number of lights shall be turned off after store hours. 2 . Potential light and glare impacts shall be mitigated by the use of foot path illumination and down- lighting. Night time security lighting will be limited to entrance lighting. 3 . A 30-foot landscape buffer is proposed along the westerly property line. Existing vegetation will be supplemented to provide a vegetation screen. 4 . A 50-foot landscape buffer is proposed along the southern property line across from future residential area. Existing vegetative screen. 5. Lighted signs shall be located on site so as not to shine into existing adjacent residences and residentially zoned land. Freestanding signs will 10 " I II i Recommended Conditions Ruth/Kent East Hill Shopping Center #RZ-88-4 be limited to the north and east property lines. No retail signs will be located along 100th Place SE and SE 264th Street. 6. All light standards shall have shields directing light onto site and preventing light from shining off-site. 7 . The lighting plan will specify the use of 250 watt low pressure sodium lights. The lights will be mounted on 20 foot poles, will be down directed, and will incorporate cutoffs or house side shields so there will be no light spillage off-site. 8 . Main access will be limited to 104th Avenue SE and SE 260th Street reducing the amount of traffic on SE 264th Street. This will reduce the potential j light and glare impacts from automobile headlights that could affect residential property south of the site. 9 . A three-foot-high landscape berm located on the easterly edge of the southern portion of the site will screen automobile headlights within the site from residents east of the southern portion of the site. 10. Except for emergency vehicle access and limited delivery service from SE 264th Street, vehicle access to the site will be restricted to 104th Avenue SE and SE 260th Street. IV. TRANSPORTATION A. Intersection Improvements At SE 256th Street/104th Avenue SE The intersection of SE 256th Street and 104th Avenue SE shall be widened to provide for a double exclusive southbound left-turn lane. The proposed intersection configuration will allow the signal operation to be revised to permit eight (8) phases of independent control. T 11 Recommended Conditions Ruth/Kent East Hill Shopping Center #RZ-88-4 B. Intersection Signalization At SE 260th/104th Avenue SE A two-phase traffic signal system shall be constructed at the intersection of SE 260th Street and 104th Avenue SE. This intersection shall be interconnected with the intersection of SE 256th Street and 104th Avenue SE for computer control on the City's Traffic Computer. C. Improvements To 108th Avenue SE and Its Connections To Kent-Kangley Road to SE 260th Street The intersection of SE 260th Street and 108th Avenue SE from the Kent-Kangley Road to SE 260th Street shall be reconstructed to provide a smooth curve from SE 260th Street to 108th Avenue SE. A traffic signal shall be installed at the intersection of Kent-Kangley and 108th Avenue SE. This intersection shall be interconnected with the intersection of SE 256th Street and Kent-Kangley Road for computer control on the City's Traffic Computer. D. Right Turn Lane And Improvement To Turning Radius At Intersection Of Crow Road and Canyon Drive. Right turn lane and improved turning radius shall be constructed to facilitate turns from Canyon Drive onto 97th Place SE (Crow Road) . E. Improvements To Existing Road System Street improvements shall be required on SE 264th Street and 104th Avenue SE along the property frontage and shall be according to City of Kent Standards. F. Right-Of-Way Dedication Right of way shall be dedicated for future improvements to 104th Avenue SE in order to provide for a five-lane section. G. Driveway Access On SE 264th Street The driveway on SE 264th Street shall be constructed in such a manner as to provide for adequate maneuvering and storage for trucks within the designated loading area and to prohibit use of 100th Place SE. If the design of 12 Recommended Conditions Ruth/Kent East Hill Shopping Center #RZ-88-4 said access is determined to not prohibit use of 100th Place SE than 100th Place SE shall be widened to 24-foot minimum and overlaid with asphalt paving designed to sustain truck loading. H. South 272nd/277th Street Corridor Agreement The developer shall agree to participate in the formation of an LID to construct the South 272nd/277th Street corridor project in order to mitigate the estimated "new" PM peak hour trips traveling to and from the valley floor impacting critical intersections at level of service "E" or "F" . Participation shall be based upon a proration of traffic generated by his center and the total traffic using the corridor. This condition shall be executed in the form of an environmental mitigation agreement. I. Except for emergency vehicle access and limited delivery service from SE 264th Street, vehicle access to the site will be restricted to 104th Avenue SE and SE 260th Street. KENT PLANNING DEPARTMENT December 20, 1988 13 OFFICE OF THE CITY OF KENT LAND USE HEARING EXAMINER IN RE THE MATTER OF ) RUTH/KENT EAST HILL ) ORDER EXTENDING TIME SHOPPING CENTER ) #RZ-88-4 ) THIS MATTER having come on regularly for public hearings before the undersigned Hearing Examiner on September 21, 1988, October 5, 1988 and October 19, 1988, and the undersigned, having reviewed the record and file herein and deeming herself fully advised, it is now, HEREBY ORDER that the time for consideration of this rezone request shall be extended and the undersigned shall issue a written recommendation concerning same on or before November 16, 1988 . This extension is issued pursuant to the authority granted the undersigned in City of Kent Ordinance #2233 . Dated this 2nd day of November, 1988. D ANE L. VANDERBEEK HEARING EXAMINER 1 STAFF REPORT FOR HEARING EXAMINER MEETING OF SEPTEMBER 21, 1988 FILE NO: RUTH/KENT EAST HILL SHOPPING CENTER #RZ-88-4 APPLICANT: W.E. RUTH REALTY REQUEST: Request to rezone . 85 acres from MRM, Medium Density Multifamily, and 15.55 acres from O, Professional and Office, to CC, Community Commercial. The applicant proposes to construct a retail shopping center on the rezone site and on an adjacent 6 . 9 acre site currently zoned CC. The shopping center would cover 23 . 4 acres. STAFF REPRESENTATIVE: Libby Hudson, Planner STAFF RECOMMENDATION: DENIAL of proposed rezone, Alternative #1 APPROVAL, with conditions of Alternative #3 I . GENERAL INFORMATION A. Description of the Proposal The proposed project consists of a rezone to CC, Community Commercial, and development of a specific shopping center on the proposed rezone area plus an additional 6. 9 acres already zoned CC, Community Commercial . The proposal described here is the applicant' s Alternative #1 as set forth in the Ruth/Kent East Hill Shopping Center Draft Environmental Impact Statement (DEIS) . The proposed project includes the construction of 289 , 330 square feet of retail, including three large buildings; a 62 , 000 square foot, 24-hour supermarket; a 40, 000 square foot department store; and a 101, 909 square foot anchor/retail area proposed for a Target store. The 23 . 4 acre, triangular shaped site is located on Kent' s East Hill, at the southwest corner of 104th Avenue SE and SE 260th Street, and is bounded by 100th Place SE (Crow Road) to the west and SE 264th Street (Kent City limits) on the south. (See attached vicinity map) It is proposed that approximately 85 percent of the site will be covered by an impervious surface; 57 percent asphalt paving and 28 percent building coverage. Proposed landscaping will account for roughly 15 percent of the site and will occur 1 Staff Report Ruth/Kent East Hill Shopping Center #RZ-88-4 mainly on the perimeter, including a 30 foot buffer along 100th Place SE and a 50 foot buffer along SE 264th Street. (See attached Alternative #1 site plan) . Off-street parking will be provided for 1, 587 vehicles. The primary access points to the site will be from 104th Avenue SE and SE 260th Street. Trip generation figures have been estimated at approximately 14 , 650 vehicle trips per day. Major impacts to the street system would occur, including impacts to the intersection of 104th Avenue and SE 256th Street. A traffic analysis completed for the Draft Environmental Impact Statement (DEIS) (based on a traffic count completed in 1986) indicates that the current level of service (LOS) rating of "D" will drop to "E" within two years with normal growth in the area. This proposal would drop the LOS to "F" , while proposed mitigating measures would bring the LOS back to "D" . However, a traffic count and analysis completed in July by the City Traffic Division indicates that the Level of Service for this intersection is currently at "F" . Land use in the area includes vacant land immediately to the north, a mixture of commercial uses north and northeast, a large recently completed multifamily development on the south side of S. 264th Street (in King County) , scattered single family residential to the east and southeast. Mill Creek Canyon lies to the west. This canyon is a City Park and the major drainage facility for a large area of southeast Kent and environs. B. Zoning Approximately .85 acres of the site is currently zoned MRM, Medium Density Multifamily Residential, and 15.5 acres is zoned O, Professional and Office. The balance of the site, or 6. 9 acres, is zoned CC, Community Commercial. Surrounding zoning includes CC, Community Commercial, north and northeast; and O, Professional and Office, to the east. Multifamily (RM 1,800-P, Residential Multifamily, 1, 800 Square Feet - Priority) land is located south within unincorporated King County, while a portion of MRG, Garden Density Multifamily Residential, is located to the southwest. RA, Residential Agriculture, zoning is located to the west, and a small portion of MRM, Medium Density Multifamily Residential, land is located at the northwest boundary of the subject site. (See attached zoning map) . 2 Staff Report ,th/Kent East Hill Shopping Center wcZ-88-4 C. ENVIRONMENTAL CONCERNS A Draft Environmental Impact Statement (DEIS) titled, Ruth/East Hill Shopping Center has been prepared for this rezone application and is part of the public hearing process. D. PURPOSE OF STAFF REPORT The purpose of this report is to analyze and discuss the merits, i.e. appropriateness, of the proposed rezone of 16. 35 acres of the subject property from Office and Medium Density Multifamily to Community Commercial. An analysis of the East Hill Plan 's and City-wide Comprehensive Plan's goals, objectives and policies will provide some basis for this evaluation. The DEIS contains an environmental analysis of the rezone development proposal (Alternative #1) , as well as additional alternatives. After a review of the various alternatives in relationship to the rezone impacts on the community, adjacent land uses, and the existing commercial and office lands on East Hill, the City staff has determined that Alternative #3 would be a more appropriate development for the subject property. This alternative as put forth in the DEIS, however, is not as well developed as the project proposal alternative and is only conceptual in design. Description of Alternative #1: Retail for the total site. This is the applicant 's preferred alternative and has been described under I. General Information A. Description of the Proposal . Description of Alternative #3 : Retail with office buffer. This is the alternative the City staff has determined best fits the area and criteria for granting a rezone. This alternative is fully described and evaluated in the Ruth/East Hill Shopping Center DEIS. Under this alternative approximately .85 acres of MRM, Medium Density Multifamily Residential land and 7 .85 acres of O, Professional and Office District land would be rezoned to CC, Community Commercial (see attached site plan of Alternative #3) . Approximately two-thirds of the site would be developed with retail uses and approximately one-third of the site would be developed with office uses. Development under this 3 Staff Report Ruth/Kent East Hill Shopping Center #RZ-88-4 alternative would allow an office buffer between the retail uses to the north and residentially developed land south of the site. This alternative, although conceptual in design, proposes 170, 979 square feet of retail and 140, 215 square feet of office, providing off-street parking for 1,330 vehicles. Approximately 81 percent of the site will be covered by impervious surface. Formal landscaping will cover approximately 23 percent of the site. E. COMPREHENSIVE PLANS AND DISCUSSIONS OF ALTERNATIVES #1 AND #3 This section contains a brief analysis of the proposed rezone, Alternative #1 and the staf f s recommendation, Alternative #3 as they relate to the City-wide Comprehensive Plan and the East Hill Neighborhood Plan goals, objectives and policies) . The City of Kent first adopted a City-wide Comprehensive Land Use Plan in 1969 . The Comprehensive Plan is made up of two basic sections; the goals, objectives and policies and the land use map. The goals, objectives and policies of the Comprehensive Plan represent an expression of community intentions and aspirations concerning the future of Kent and the area within the City' s Sphere of Interest. The Comprehensive Plan is used by the Mayor, City Council, City Administrator, Planning Commission, Hearing Examiner and City departments to guide growth, development, and Capital Improvement 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, but only within the geographical area of the City that it represents. The Comprehensive Plan Map and East Hill Subarea Map designate the subject property CR, Community Retail, in the northeast corner and O, Office, for the remaining property (see attached Comprehensive Plan map) . Following is an analysis of the proposed rezone (Alternative #1) and Alternative #3 from the DEIS as these proposals relate 4 Staff Report ith/Kent East Hill Shopping Center .rRZ-88-4 to the City-wide Comprehensive Plan and East Hill Plan goals, objectives, and policies. 1. CITY-WIDE COMPREHENSIVE PLAN GOALS OBJECTIVES AND POLICIES: CIRCULATION ELEMENT OVERALL GOAL: ESTABLISH A BALANCED, SAFE AND EFFICIENT TRANSPORTATION SYSTEM FOR ALL MODES OF TRAVEL. GOAL 2 : Assure safe, convenient pedestrian movement within and through Kent. Objective 2: Provide a network for safe, convenient pedestrian movement throughout the City. Policy 3: Provide pedestrian trafficway within retail trade areas. Planning Department Comment Existing shopping facilities in Kent have provided pedestrian circulation elements. Alternative 1 Pedestrian circulation is not addressed in the proposed site plan. This development will generate a large number of pedestrians visiting the site. These people will primarily be traveling from their automobiles located in the large parking area surrounding the retail buildings, although a few will be coming from the metro bus stop and neighboring properties. Means to allow safe, convenient pedestrian movement should be integrated into the site plan. This integrated pedestrian circulation plan should include connections to the public sidewalks located along the bordering streets. The plan should also include ramps to accommodate strollers, shopping carts and wheelchairs from the parking lot to raised sidewalks. 5 Staff Report Ruth/Kent East Hill Shopping Center #RZ-88-4 Alternative 3 There will probably be less pedestrians associated with this proposal, however, pedestrian circulation should be addressed in a similar way as outlined in Alternative 1. ECONOMIC ELEMENT OVERALL GOAL: PROMOTE CONTROLLED ECONOMIC GROWTH WITH ORDERLY PHYSICAL DEVELOPMENT, RESOURCE CONSERVATION AND PRESERVATION. GOAL 2 : Assure retail and commercial developments are in suitable locations. Objective 1: Minimize adverse physical impacts of strip commercial development. Policy: Encourage planned retail-commercial business development. Policy: Restrict strip commercial development to areas already so developed. Objective 2 : Promote the location of neighborhood shopping centers in close proximity to the residential areas they are to serve. Policy 1: Assure the development of compact, attractive, and safe shopping centers. Policy 2 : Assure that neighborhood shopping facilities do not disrupt the existing residential character of the neighborhood. Planning Department Comment Objective 1, Policy 1: Currently, there are four retail developments located in the immediate vicinity of the 256th/104th intersection. The average area for these developments is 8 .5 acres, with 142, 177 square feet of building area. Offices are locating in some of the vacant retail spaces. Three of 6 Staff Report 'ith/Kent East Hill Shopping Center waZ-88-4 these developments were constructed in the last four years. There is currently some unleased space available in some of these developments. Alternative 1 This proposal includes 289,330 square feet of retail space, including a Target department store, 24-hour supermarket, a large retail clothing store, and various shop spaces. Although the shopping center would be located conveniently to residential neighborhoods, this proposal would disrupt the existing residential character of the East Hill area. Currently, the retail areas of the southern east hill area are concentrated around the intersection of 256th/104th. Most of these commercial developments were developed on smaller parcels than the 23 acres proposed with this scenario. The existing retail development is, in most cases, buffered by office development or office zoned properties. Approval of this alternative would move the retail core from this intersection and extend commercial development along 104th to the southern boundary of the City, promoting strip commercial development. The commercial development will also directly border on multifamily zoned property. As stated earlier, the area to the south of the subject site is relatively undeveloped and retains the rural character of the east hill . Approval of this development proposal will not fit in with the existing character of the surrounding neighborhood. This development would promote strip commercial development along 104th Avenue, and also will eliminate available office zoned land on East Hill . Alternative #3 This proposal would place office development adjacent to residential uses. The Comprehensive Plan Map indicates that office is an appropriate land use for the southern portion of the subject site. The Zoning Code specifies that the Professional and Office district is intended to buffer residential districts and that the development standards of the office zone are more compatible with residential districts than are commercial uses. Office development is less intensive by nature, involving less site coverage than commercial and having stronger 7 Staff Report Ruth/Kent East Hill Shopping Center #RZ-88-4 development standards, which include building setbacks and greater landscape requirements. The operational uses within an office zone are also less of an impact to surrounding land uses because most offices conduct business during weekdays from 8 : 00 a.m. to 5: 00 p.m. , generally closing during the sensitive residential periods of evening, weekends and holidays. The Comprehensive Plan also designates the northwestern corner of the site as Office. The proposed alternative would rezone that area to CC, Community Commercial. A vacant parcel of multifamily zoned land is located across 260th Street, at the corner of 100th Place SE. Impacts to this neighboring land can be lessened through careful site planning. Structures and driveways can be situated so they are not located directly across the street from the potential site of residential development. This proposal would contain the commercial area, preventing strip commercial from moving south along 104th Avenue, while still providing a large area for retail development. A 15.7 acre piece of property would still be available for commercial retail development in this proposal. This area is large enough to allow for the development of a Target store and related commercial uses. Strip commercial expansion would probably not occur with this proposal because the properties east and north of the proposed commercial area (with the exception of approximately 250 feet of MRM, Medium Density Multifamily Residential, along SE 260th Street) are already developed commercial and the property west is part of Mill Creek Canyon Park. Obiective 2 Policy 1 and Policy 2 : A safe shopping center includes planning for the location of buildings and parking in relationship to the interior circulation systems (delivery truck traffic, customer auto traffic and pedestrians) . The site plan for this proposal falls short in considering some conflicts that varying users of the site will present. Alternative #1 Driveway locations off of 260th and 104th are in conflict with existing driveways across these streets. This poses 8 Staff Report nth/Kent East Hill Shopping Center �fZ-88-4 ingress and egress problems to the site which can easily be eliminated if the driveways are aligned with those already existing on the streets. The driveway on 260th Street at the northwestern end of the site is too close to the intersection of 100th Place and 260th Street. The Traffic Division of the Public Works Department requires that driveways not be located within 200 feet of an intersection whenever possible. This eliminates potential accidents caused by the conflicts of traffic arriving or leaving the site and traffic making turns at the intersection. The main entry drive aisles within the site show potential conflicts with parking. The northern driveway off 104th Avenue has parking located directly off the drive aisle. Cars parking here have to back into the main drive aisle to get out of their parking stall. Main entry drive aisles should be lined with landscape islands instead of parking stalls to eliminate this conflict. The rear of the buildings show loading areas. The site plan indicates that truck traffic will use both 260th and 264th for access to the rear loading area. The 264th access is in conflict with the existing residential uses located across this street. This loading area also shows many parking spaces along the western boundary of the site. These parking spaces are intended for employees of the retail businesses. The site plan shows that all buildings will connect, and in effect do not allow pedestrian access to the front without going around the entire complex. Because pedestrian access is difficult from this area and these stalls are intended for employees use only, the parking area should be signed as such. In the event that this rezone proposal is approved, the mitigating measures as outlined in the Transportation Section of the DEIS should be applied to the development to reduce these adverse impacts as much as possible. In addition, the following conditions should be added: A. Eliminate the driveway on SE 260th Street at the northwestern corner of the site. Align driveway entrances off of SE 260th Street with 101st Avenue across the street. 9 Staff Report Ruth/Kent East Hill Shopping Center JRZ-88-4 B. No parking shall be allowed directly off the main drive aisles within the site, instead these aisles shall be lined with landscape islands a minimum of five feet in width. C. The Parking located along the west property line shall be marked for "employees only" . Alternative #3 This alternative is not developed enough to determine if the interior of the site would function safely. The schematic site plan does, however, show two driveways located on SE 264th Street, both of which are located too close to street intersections. These should be either eliminated or reduced to one driveway. In addition, two driveways are situated on 100th Place opposite from a tree lined section of Mill creek Canyon Park. These driveways are not necessary to provide access to the property, and should be eliminated to reduce traffic on this scenic street. Because this proposal is conceptual in nature, additional review will be necessary once a preliminary site plan has been produced. The following mitigating conditions are warranted to lessen the adverse impacts discussed above: A. No driveway access shall be allowed on 100th Place SE. B. Access to the site from SE 264th shall be eliminated unless developer can demonstrate that traffic will not adversely affect the neighboring residential uses. HUMAN ENVIRONMENT ELEMENT OVERALL GOAL: ASSURE KENT RESIDENTS AN AESTHETIC AND HEALTHFUL ENVIRONMENT. GOAL 1: Maximize the aesthetic qualities of Kent' s natural and manmade environments. Objective 2 : Encourage a high degree of aesthetic quality in the manmade environment. 10 Staff Report ith/Kent East Hill Shopping Center 'VIZZ-88-4 Policy 1: Require that new construction and improvements be designed and built so as to enhance the quality of the neighborhood in which it is located. Planning Department Comment Increases in light and glare will accompany development of this site and may cause problems to neighboring property users. Presently the adjacent streets are lined with streetlights that illuminate the site to a small degree. Any development of this site will produce new sources of illumination--lighted signs, store windows, parking lot pole lighting, and car headlights--which will contribute to a higher lighting level at night. In addition, reflected light off buildings and paving will contribute to glare. Development of this site should enhance the aesthetic quality of the neighborhood. The potential for any intrusion from higher light levels or glare to nearby residents or property users should be minimized. Alternative #1 Due to the shopping center' s orientation and main access points on 104th Avenue S.E. and S.E. 260th Street, the greatest light and glare impacts would be on properties to the north and east. However, under the proposed development (Alternative #1) , increased night lighting will occur closer to the residential areas to the southern and eastern portions of the site than in Alternative #3 . The Target store will attract customers into the evening, and car headlights, lighted signs and store windows will illuminate surrounding areas. Retail signage is limited to 104th and 260th Street and no lighted sign shall shine into adjacent existing residential areas under conditions of the DEIS. A sign plan indicating where signs will be located and showing that illumination won't affect residential neighbors should be required. During daylight hours, the substantial amount of paving, and the proposed metal canopies and gutters and painted concrete slab buildings may contribute to problems with 11 Staff Report Ruth/Kent East Hill Shopping Center #RZ-88-4 glare. Highly reflective building materials should be avoided where commercial development abuts residential areas. In the event that this rezone proposal is approved, the mitigating measures as outlined in the light and glare and aesthetic sections of the DEIS should be applied to the development to reduce these adverse impacts as much as possible. In addition, the following conditions should be added: A. Buildings and roofs should be finished with quality, nonreflective, earth-toned materials so as to reduce glare to surrounding areas. B. A sign plan shall be required which will indicate all sign locations and show that illumination from signs will not affect neighboring residences. Alternative #3 This alternative would produce less evening light in the southern portion of the site and would provide a buffer between the residential uses to the south and the commercial uses to the north. As office uses generally end at 5 p.m. , only security lighting (and an occasional late night office light) could be expected in the evening hours. Automobile traffic also would be curtailed in the evening hours, reducing light impacts from headlights. Morning light impacts from the southern portion of the development would increase under this alternative during the darker winter months, as offices generally open at 7 : 30 or 8 : 00 a.m. , rather than at 8 : 30 or 10: 00 a.m. as with retail shops. As the Zoning Code requires office use signage to be of a smaller scale and nonilluminated or only indirectly illuminated, lighting from signs would also be reduced in the southern portion of the site under Alternative #3 . Problems with glare would be somewhat reduced under this alternative as the amount of site coverage is reduced from 40 percent to 30 percent--providing fewer reflective surfaces. 12 Staff Report lth/Kent East Hill Shopping Center yRZ-88-4 The mitigating measures as outlined in the DEIS should be applied to the this development alternative to reduce adverse light and glare impacts as much as possible. Condition 4 should be modified to read 1130 foot" rather than 1150 foot. " Condition 10 should be modified to delete "and limited delivery service. " In addition, the following conditions should be added: A. The developer should orient the office buildings so as to contain light impacts as much as possible in the center of the site and to provide a building buffer to light impacts along the southern boundary of the site. B. Buildings and roofs should be finished with quality, nonreflective, earth-toned materials so as to reduce glare to surrounding areas. C. The landscaping buffer along 104th Avenue SE should be increased to 10 feet to provide additional protection against light and glare to .• the areas to the east of the site targeted in the Comprehensive Plan as multifamily residential. 2 . EAST HILL PLAN GOALS , OBJECTIVES AND POLICIES As mentioned earlier, the East Hill Plan, adopted in September 1982 , is a supplement to the City-wide Plan. Its goals, objectives, policies and land use designations represent an expression of community intentions and aspiration concerning the future of Kent's East Hill area. East Hill Plan Land Use Designations The East Hill Plan states that the office designation is intended to allow a number of activities that constitute the general uses found in professional offices such as medical, legal and counseling services. The community retail land use designation is intended to provide areas for the provision of personal goods and services such as supermarkets, hardware stores, drug stores, restaurants, etc. ; the uses generally providing the day-to-day shopping needs of the community. 13 Staff Report Ruth/Kent East Hill Shopping Center �- #RZ-88-4 East Hill Plan Goals Objectives, Policies NATURAL ENVIRONMENT ELEMENT OVERALL GOAL: PROMOTE ORDERLY DEVELOPMENT PATTERNS WHICH RECOGNIZE AND RESPOND TO THE NATURAL ENVIRONMENT AND THE FUNCTIONING OF NATURAL SYSTEMS. GOAL 1: Preservation and enhancement of the natural qualities that make the East Hill area an attractive place in which to live. Objective 1: Promote development that utilizes significant natural features to enhance development character and preserve natural amenities. Policy 1: Consider natural and physical assets and liabilities including but not limited to topography, natural drainage, vegetation, views, amenities and access when making decisions concerning the type and intensity of land use. Objective 2 : Maintain and restore the natural character of the East Hill community through the retention and introduction of native and ornamental plants in existing and planned development. Planning Department Comment The site does not exhibit any natural constraints, however there are natural amenities on the site; that being the approximately 122 large coniferous and deciduous trees. The densest stands of trees are along the western property line, bordering 100th Place SE. These trees are considered an amenity to the property and should be protected from destruction when this property is developed. Section 15. 08. 240 of the Kent Zoning Code, "Preservation of Trees" requires that all trees of 6 inch or greater caliper be mapped and where feasible, efforts to retain these trees should be made. 14 Staff Report ith/Kent East Hill Shopping Center ,rAZ-88-4 Alternative #1 The rezone proposal is consistent with policies for protecting the existing trees on site. Proposed site planning would retain as many existing significant trees as feasible. Landscape buffers utilizing these existing trees, with an addition of supporting natural and native plant materials, is proposed along both 100th Place SE and SE 264th Street. Approximately 82 trees would be retained in the 50 foot buffer along 100th Place SE and the 30 foot buffer along SE 264th Street. Upon completion of this proposal approximately 15 . 2 percent of the site would be landscaped, consisting of existing natural vegetation, additional natural and native plant materials and formal landscaping. In the event that this proposal is approved the mitigating measures outlined in the plant section of the DEIS should be applied to the development to reduce these impacts as much as possible. Alternative 43 This alternative does not indicate that significant landscape buffers would be part of this proposal. The DEIS does state, though, that mitigating conditions could be applied through environmental review to protect the existing trees. The conceptual site plan indicates that the minimum landscape requirement for the O, Professional and Office, and CC, Community Commercial zoning districts would be applied, reducing the landscape buffers along 100th Place SE and SE 264th Street to ten feet. However, tree preservation policies and codes apply to this scenario also. Retention of the majority of the trees on-site can be accomplished without impacting the site plan to a great extent because most of the significant trees are located along the western and southern edge of the property. In this proposal approximately 23 percent of the site would be landscaped per the Zoning Code standards. This percentage would increase with the requirement to preserve existing trees. Alternative #3 would better meet the goals and policies of this Element of the East Hill Plan than the applicants proposal . 15 Staff Report Ruth/Kent East Hill Shopping Center �- #RZ-88-4 Mitigating measures as outlined in the plant section of the DEIS should be part of this proposal, except that the landscape buffer along 100th Place SE may be reduced to 30 feet. TRANSPORTATION OVERALL GOAL: ESTABLISH A BALANCED, SAFE AND EFFICIENT TRANSPORTATION SYSTEM LINKING THE EAST HILL WITH INTERNAL AND EXTERNAL HOUSING, EMPLOYMENT, SERVICE AND RECREATIONAL OPPORTUNITIES. THE TRANSPORTATION SYSTEM SHOULD BE DESIGNED AS BOTH A MULTI-MODAL AND A MULTI- PURPOSE SYSTEM THAT CAN BE ECONOMICALLY IMPLEMENTED THROUGH THE JOINT EFFORTS OF LOCAL JURISDICTIONS, THE STATE AND TRANSPORTATION PROVIDERS. GOAL 3 : Establish and maintain the highest feasible level of service for East Hill. Planning Department Comment Level of Service "Level of service" is a term used to rate the capacity to move traffic through a particular intersection, and is based on the average delay for each vehicle. The table below shows the relationship between level of service and delays: LEVEL OF SERVICE Stopped Delay Per Level of Service Vehicle (sec) A less than 5. 1 B 5. 1 TO 15. 0 C 15. 1 to 25. 0 D 25. 0 to 40. 0 E 40. 0 to 60. 0 F greater than 60. 0 The intersection of SE 256th Street (SR-516) and 104th Avenue SE is generally accepted as the critical intersection in the vicinity of the subject site. This intersection was manually counted July 20, 1988 and the 16 Staff Report ith/Kent East Hill Shopping Center ,ffRZ-88-4 resulting analysis indicates that the intersection is at level of service "F" at current traffic levels. A traffic analysis was conducted as part of the DEIS. Alternative #1 Development of the site under this proposal would generate approximately 14 , 650 trips per day. It has been found in previous studies that the trips generated by shopping centers will consist of approximately 35 percent existing trips and 65 percent new trips to the transportation system. The resulting net trip generation will be approximately 91523 new trips per day impacting the 256th/104th intersection. The traffic analysis indicates that 113 new vehicle trips are expected to pass through the 256/104 intersection during the AM peak hours, while 809 new trips are expected in the PM peak hour. According to the analysis this alternative has the least impact on this intersection. However, all projected 14 , 650 daily vehicle trips will enter and leave the subject site, which is 1,400 feet south of the 256th/104th intersection. This traffic will greatly impact the subject site and surrounding properties by generating noise, increased congestion etc. A number of transportation improvements are proposed as part of the DEIS . These measures are intended to mitigate the additional congestion this proposal will cause to the existing street system. The mitigating measures, while effective, in increasing level of service at the 256th/104th intersection, do not adequately deal with the resulting traffic impacts on the adjacent roadway network and surrounding residential land uses created by commercial expansion of this magnitude. In the event that this alternative is approved the mitigating measures as outlined in the transportation section of the DEIS should be part of this proposal . Alternative #3 This proposal includes the construction of 140, 215 square feet of office and 170,979 square feet of retail . Under this proposal the average daily traffic created would be a total of 13 , 409 vehicle trips, less than the applicants proposal. The total amount of new trips would also be less than the proposed alternative. There is however, an increase in the new trips through the 256/104 17 Staff Report Ruth/Kent East Hill Shopping Center #RZ-88-4 intersection occurring during the AM and PM peak hours. 482 vehicle trips are expected in the AM peak hour, while 975 trips are expected in the PM peak hour. This increase is due to the operational hours of office uses usually being from 8 : 00 am to 5: 00 pm. The lower daily traffic of this proposal and the location of the office development will result in a lesser traffic impact to the subject sites neighboring properties and adjacent street system. The heaviest traffic that will be generated by the southern office complex will be during the morning and afternoon commuting hours. Evenings, weekends and holidays will have little or no traffic, depending on the type of office uses that are developed on the site. The commercial area proposed at the north end of the site will however, generate traffic during these sensitive residential hours and traffic impacts will still result to the adjacent streets and neighboring residential land uses. Because this proposal is conceptual in design, traffic mitigating measures cannot be developed. Further study and analysis of this scenario is necessary to address the traffic impacts. PUBLIC FACILITIES AND SERVICES ELEMENT OVERALL GOAL: ESTABLISH A PLANNED AND COORDINATED SYSTEM OF PUBLIC FACILITIES AND SERVICES FOR EAST HILL THAT PROTECTS THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY. THE PUBLIC FACILITIES AND SERVICES FOR EAST HILL SHOULD BE COST EFFECTIVE TO IMPLEMENT AND MAINTAIN AND SHOULD PROMOTE IN-FILL AND PHASED DEVELOPMENT FROM EXISTING DEVELOPED AREAS. GOAL 5: Coordinate fire, emergency medical and police services which will assure the health, safety and protection of East Hill citizens and their property. Obiective 1: Assure that response times do not exceed five minutes for fire calls and four minutes for emergency medical calls. Policy 1: Maintain adequate staffing and equipment levels to assure good response to secondary fire and emergency medical calls. 18 Staff Report ith/Kent East Hill Shopping Center „4RZ-88-4 Planning Department Comment For Both Alternative #1 and The 104th Avenue corridor has one of the worst response times in the City. The Fire Departments current ability to deliver emergency services is seriously impaired given existing staff and resources. Currently the fire response time to the subject property is 5. 7 minutes, based on 109 calls in 1987 . The traffic associated with development of the proposed alternative and Alternative #3 would further increase response times and present significant demands and pressure for service from the Fire Department. Given the current response situation and projected increase in traffic for both alternatives, it is critical that additional fire protection (including providing sprinkler for buildings under 12, 000) be required beyond what the Uniform Fire Code allows. This determination can be made by the Fire Chief during final review of the construction documents. It should be noted that the City is planning a new fire station on the East Hill . Construction of the station will probably begin nest summer. Once completed and staffed, this fire station will help to lower emergency response to the East Hill, including the subject site. If rezone approval is granted to either Alternative #1 or Alternative #3 , the following condition should be applied to reduce the impact to emergency response time: A. Additional fire protection measures, including requiring building to be equipped with sprinklers, may be applied at the time of development plan review, if so determined by the Fire Department. HOUSING ELEMENT OVERALL GOAL: ASSURE PRESENT AND FUTURE EAST HILL RESIDENTS HOUSING THAT IS SAFE, OFFERS A DESIRABLE LIVING ENVIRONMENT, AND IS SUPPORTED BY ADEQUATE COMMUNITY FACILITIES AND SERVICES. GOAL 2 : Development patterns that promote residential quality and provide diverse housing opportunity. 19 Staff Report Ruth/Kent East Hill Shopping Center #RZ-88-4 Objective 2 : Decisions concerning land use designations and development proposals shall consider surrounding residential land uses and mitigating measures necessary to minimize potential conflicts. Policy 1: Require separation between residential and nonresidential areas and between adjacent lower and higher density residential areas through landscaping, building placement, location of off- street parking, traffic control and other measures. Planning Department Comment Development of the proposed site will result in an increase in noise in the immediate vicinity. Clearing of the site, grading, and building and parking lot construction will increase the noise volume substantially over the short term. Truck loading and unloading, pedestrian and vehicular traffic on surrounding streets and in the parking lot, and garbage collection will contribute to an increase in noise levels to the area over the long term. These noise increases will most severely impact the residential areas to the south of the site and the residential areas targeted by the Comprehensive Plan to the east of the site. Mill Creek Canyon Park users will also be impacted, however. Although the upper reaches of the canyon which are adjacent to the subject property are unimproved at this time, improvements to this area of the park are planned over the next five years. For both the proposed plan (Alternative #1) and Alternative #3 , construction activities would result in short-term increases in noise levels. The noise levels would require persons engaged in conversation outdoors at a close distance to raise their voices to communicate. Although a 20dBA building attenuation would reduce noise impacts to local residents, this reduction assumes that building windows are closed. As the targeted construction date for this development is midsummer, closed windows in nearby residential areas are unlikely. 20 Staff Report xth/Kent East Hill Shopping Center rRZ-88-4 The short-term impact mitigating measures, as outlined in the DEIS, should be applied to the development to reduce these adverse noise impacts as much as possible. Alternative #1 Long-term noise impacts are related primarily to increased traffic in the vicinity of the development. Median noise levels near SE 260th Street in Kent Hill Plaza (a comparable development) were measured at 60dBA- -a much larger volume of noise than that found in the residential community (50dBA) . As each 10dB rise represents a 10-fold increase in sound intensity, the expected noise increase in the southern and eastern residential areas would be ten times greater than at present. Although the proposed site plan includes landscape buffering and an earth berm along the south property line, truck loading and unloading to the Target store is also proposed in this area. It is estimated that 15-20 truck/van trips per day, five days a week, would enter and 'leave the site at the southern boundary. Truck traffic (including both semi and panel or van delivery trucks) would travel along SE 264th. The noise from these vehicles would directly impact the multifamily development immediately to the south. The applicant should consider redirecting truck traffic to avoid use of SE 264th, without impacting the scenic drive along 100th Place SE. Truck access to the loading docks could be obtained from SE 260th by travelling along the western perimeter of the site behind the grocery and retail stores, or by entering on 104th Avenue SE and travelling between the Target store and the landscape buffer. The Target store's location would have to be shifted to the north under this scenario. Despite the mitigating condition restricting major truck deliveries to the Target store to between the hours of 8 a.m. and 5 p.m. Monday through Friday, additional traffic, and the resultant noise from the shopping center, could be expected into the evening and on weekends. Most retail stores in the area remain open until 7 or 9 p.m. on weekdays and until 6 p.m. on weekends. The overall vehicular trip increase to the site is estimated at 9, 523 vehicle trips per day. Street 21 Staff Report Ruth/Kent East Hill Shopping Center 4 #RZ-88-4 traffic and internal circulation would create noise impacts off-site. In addition, the large 24-hour supermarket could be expected to generate traffic late at night, including truck deliveries. Trucks with refrigeration units produce 68dBA at 100 feet. The undeveloped Mill Creek Park, west of the site, would be most impacted by potential evening and early morning truck deliveries to the grocery store. In the event that this proposal is approved the mitigating measures as outlined in the DEIS should be applied to the development to reduce these adverse noise impacts as much as possible. Alternative #3 Alternative #3 would provide a better noise buffer for local residential developments. Noises associated with office uses are less than commercial uses and generally limited to traffic. By restricting commercial development to the north end of the site, the noise impacts of truck delivery traffic and evening shoppers to the southern and eastern residential areas would be mitigated. Although the noise generated by traffic to the southern (office) portion of the site would increase in the morning (commencing at approximately 7 :30 to 8 a.m. , rather than at 8: 30 to 10 a.m. ) , vehicular noise would decrease in the sensitive residential hours-- evenings and on weekends. Traffic noise can be expected from this alternative also. Automobiles leaving and entering the site by way of 100th Place SE and SE 264th Street will also create noise, impacting the neighboring residences. Driveway access should be restricted to lessen the traffic impacts to the adjacent properties to the south. Alternative #3 provides for more landscaping of the site (23 percent versus 15. 2 percent) . Because trees muffle sound to some extent, existing trees on the site should be retained wherever possible and new plantings should be encouraged. The applicable mitigating measures as outlined in the DEIS should be applied to Alternative 3 to reduce adverse 22 Staff Report °ith/Kent East Hill Shopping Center -eRZ-88-4 noise impacts. Condition 7 should be adjusted to delete "and limited delivery service. " Conditions 9 and 14 should be eliminated. The condition restricting entry to the site should be retained. Access should only be allowed from 104th Avenue SE and SE 260th Street. No entry (except for emergency vehicles) should be considered from SE 264th Street. In addition, the following new conditions should be applied: A. The landscaping buffer along 104th. Avenue SE should be increased to 10 feet to provide additional protection against noise to the areas to the east of the site targeted in the Comprehensive Plan as multifamily residential. B. The developer should orient the office buildings so as to contain noise impacts as much as possible in the center of the site and to provide a building buffer to noise impacts along the southern boundary of the site. HUMAN ENVIRONMENT ELEMENT OVERALL GOAL: ENHANCE THROUGH GOOD DESIGN THE AESTHETIC QUALITIES OF THE NATURAL AND MANMADE ENVIRONMENT TO PROMOTE THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY. GOAL 1: Development designed in harmony with the suburban/rural character of East Hill. Objective 1: Ensure that the design and construction of new development is in harmony with the suburban/rural character of East Hill, while maintaining the feeling of openness that exist throughout the area. Objective 2 : Discourage development that would result in continued sprawl and disjointed growth. 23 Staff Report Ruth/Kent East Hill Shopping Center #RZ-88-4 Planning Department Comment The proposed rezone property is located on the southern City boundary at the terminus of the Benson Highway (104th Avenue SE) . The main amenities of the undeveloped site are the natural vegetation and open space quality. The vicinity north of the subject site has developed into a suburban shopping center. The vicinity to the south, outside of the City, includes large open areas and stands of trees, consistent with the rural character of the East Hill (with the exception of the apartment complex currently under construction adjacent to SE 264th Street in unincorporated King County) . If the rural character is to be retained any development proposed on the subject property needs to preserve, to some extent, the existing natural amenities on the site and develop at a intensity that will allow a smooth transition between the high intensity commercial land uses radiating from the 256th/ 104th intersection and the lower intensity large tract single family development that exists to the south. Alternative #1 While this proposal intends to preserve a large number of the existing trees on the site and provide a 50 foot landscape buffer along SE 264th Street between the apartments to the south and the proposed commercial development, the development does not appear to harmonize with the rural character in the southern vicinity of the site. The property directly to the south is currently zoned by the county as multifamily and the property is currently being developed with apartments. The Comprehensive Plan indicates that this is suitable land for multifamily development. Most of the property lying to the south has yet to develop from the current large tract single family to a higher density use. Beyond the multifamily property is single family zoned property with a density allowed at 7 , 200 square foot lots. The existing lots in this area are, however, generally not smaller than one-half acre lots. The site would not represent disjointed growth since existing commercial areas are north across SE 260th Street and east across 104th Avenue SE. However, approval of this proposal would extend the commercial area further south along 104th Avenue, promoting commercial sprawl and strip development. 24 Staff Report nth/Kent East Hill Shopping Center -r1tZ-88-4 Alternative #3 This proposal would entail the development of an office complex of approximately 140, 215 square feet located primarily at the southern end of the subject site. The office development would provide a smooth transition from the commercial to the north and the multifamily located to the south in the county. Commercial development along 104th Ave. would stop mid-block between 260th and 264th as occurs on the eastern side of 104th Ave. , thus, containing commercial expansion and preventing strip commercial development moving south. This proposal as outlined in the DEIS does not include additional vegetative buffers along SE 264th or 100th Place SE as does the applicants proposed alternative. However, the addition of at least 30 foot buffer along these streets is recommended in order to preserve the majority of existing trees and provide additional buffering between the office/commercial development and the neighboring park and existing residential uses. The same mitigating conditions as outlined in the Aesthetic section of the DEIS should be applied to Alternative 3 to mitigate impacts except that only a 30 foot landscape buffer is necessary along SE 264th Street to separate the two uses. GOAL 2 : Development that will preserve, maintain and enhance East Hill ' s natural and manmade environments. Objective 2 : Promote quality design in structures and landscaping that reflect a strong consideration of the natural as well as the manmade environment. GOAL 3 : A well-designed community which provides for the health and safety of the citizens of East Hill . Planning Department Comment The subject site is located in a fringe area because of adjacent physical and social boundaries. Mill Creek Canyon Park, with its stand of tall trees and thickly vegetated undergrowth, borders the subject site 's western 25 Staff Report Ruth/Kent East Hill Shopping Center #RZ-88-4 side. Recently developed low rise commercial structures with expansive parking areas border the site' s north and northeast sides, while single family homes are located to the southeast, south and southwest. South, beyond the City limits, the landscape takes on a rural character, with open fields separated by stands of trees and dotted with houses. Given the varying land uses and transitional location of the subject property, the type of development and how the site is developed is very important to the character of the East HIll area. Any development of this site needs to be sensitive to the surrounding land use and the natural environment. Structures and landscaping must be designed in such a way that the development blends with the neighboring properties. Alternative #1 The site plan is designed in such a way that the primary buildings are located along the western and southern area of the site, with the bulkiest building (Target) being at the southern end of the property. Building mass, height and architectural treatment will contrast with the single family residences that neighbor the site to the east, southeast,and southwest. Proposed building height is approximately 25 feet compared to estimated 20 foot height of single family houses nearby. The anchor/retail building bulk and mass is substantial when compared to the neighboring structures. This building is approximately fifty times the floor area of adjacent single family residences. Painted, smooth and textured concrete is proposed as the primary exterior building material to be used on all the structures. Little architectural detailing is proposed for the three anchor store structures. The barren facade appearance coupled with the bulk and mass of these structures will create an adverse visual impact for site users, passing motorists and neighboring land uses. Some type of architectural relief is needed (i.e. windows, doors, building detail) to break-up the barren appearance of these facades. The proposed retail/anchor (Target) building will have walls which are a minimum length of 300 feet with no architectural detail and little visual relief. Walls of this nature are alienating to neighbors and invite vandalism. The addition of foundation landscaping will, 26 Staff Report - ith/Kent East Hill Shopping Center to some extent, lessen the adverse visual impact this barren expanse of wall creates. However, the detrimental aspects of the barren walls can be turned into a public asset, by including some type of art work on these walls. A work of art designed by a professional artist and painted on walls facing public streets would greatly enhance the visual quality of the structure and would be beneficial to the community. The Kent Arts Commission could select the artist and oversee the public art project to insure that a professional job is done. The Kent Arts Commission was established by Ordinance #2552 , in 1985, to promote public art within the City of Kent. The ordinance which established the Commission states the purpose as follows: The City of Kent Arts Commission and Staff may, alone or in cooperation with any other private, civic or public body of any city, county or the State of Washington, initiate, sponsor or conduct programs calculated to further public awareness of and interest in the visual and performing arts. As there is no public art located on East Hill within the City limits, this would be a good opportunity to reduce the adverse visual impact of commercial buildings and work with a private developer to provide some art to the citizen of East Hill. A visit by staff to two Target stores in the area revealed that the large sidewalk areas located in front of the building were not used for pedestrian traffic but rather storage of shopping carts. These area could be landscaped using plant materials of substantial size to help lessen the visual impact of the barren concrete facades. Outside storage of any type should not be allowed in the CC, Community Commercial, district. Storage of shopping carts can be located inside the various stores and outdoor cart return areas, provided for customers, can be located conveniently within the parking areas. Shopping carts return areas interspersed throughout the parking lot and planned in conjunction with the required landscape islands can be an effective way to eliminating problems with carts being left in parking spaces. Store personnel can frequently gather the carts and place them 27 Staff Report Ruth/Kent East Hill Shopping Center #RZ-88-4 back in the indoor storage areas to further assure that the carts are not a annoyance. Surface parking will accommodate approximately 1, 660 cars and require a paved area of approximately 478, 000 square feet. This large expanse of pavement will also create an adverse visual impact. The parking lot is proposed to be landscaped with a minimum of 10 percent of the total parking area in interior landscaping as required by the Zoning code. However, the landscape plan does not adequately meet the requirements for these landscape islands, which is to provide trees with accompanying shrubs or ground cover. The site plan shows a limited amount of interior landscaping within the parking area. A visit to two Target stores in the area revealed that the landscaping installed at these project locations was not adequate to soften the large expanse of parking that surrounds the store. The addition of larger scaled trees planted in the proposed landscape islands would achieve the affect of providing visual relief within the parking areas. Landscaping in several shopping centers in Kent suffer during the summer months because the landscaping is not watered regularly. This problem is easily solved by other shopping center which have irrigated their landscaping. Landscaping in this project should be irrigated to insure that it remains healthy during the summer months. In the event that this alternative is approved the mitigating measures as outlined in the Aesthetics section of the DEIS should be applied to the development to reduce the above mentioned impacts. In addition, the following conditions should be applied as part of rezone approval: A. Foundation landscaping shall be required along the front and side building facades to break-up the barren walls and lessen the bulky appearance of the structures. The landscaping shall consist of evergreen and deciduous trees at a minimum height of 12 feet, with supporting shrubs and ground cover. B. All landscaping shall be irrigated. 28 Staff Report �.ith/Kent East Hill Shopping Center C. All interior landscape islands shall be a minimum of 5 feet in width and planted with at least one tree, at a minimum height of 12 feet and minimum caliper of 2 inches. Shrubs and/or ground cover shall also be included in these landscape islands. D. Shopping cart return areas shall be interspersed throughout the parking lot and screened with landscaping in addition to the required parking lot landscape islands. E. All building facades facing public streets shall provide some type of architectural relief. Alternative 43 This proposal would include the construction of office structures across from existing single family and multifamily residential uses. The mass of office structures is considerably less than that of the proposed retail structures, therefore the impacts to these residential neighbors will be less. The parking area will accommodate approximately 1, 330 for the entire site and will create adverse visual impacts. The parking will probably be broken-up by office building instead of one large expanse of parking as proposed in Alternative #1. At least 10 percent of the parking areas will be landscaped as required by the Zoning Code. This will lessen the visual impact to some degree. However, requiring large scale trees will have a better effect in reducing the visual impact of the large parking areas. The site plan for this proposal is very conceptual. The scale of the proposed retail buildings can not be made. Further analysis of a preliminary site plan would allow the staff to better evaluate the relationship of the proposed structures to the surrounding environment and what impacts might need to be addressed through conditions of the rezone approval. 29 Staff Report Ruth/Kent East Hill Shopping Center #RZ-88-4 II. HISTORY A. Site History The subject site was annexed to the city as part of an 80 acre annexation in 1978 . The initial zoning established by the City is the existing zoning of CC, Community Commercial along the northern section adjacent to 104th Ave SE, MRM, Medium Density Multifamily Residential, at the northwest portion , and O, Professional and Office, on the rest of the site. In 1979 the property along SE 260th Street was short platted, creating three parcels. The subject site is made up of seven individual lots. B. Area History The East Hill area has in the past been primarily rural pasture, orchard and farmland with a mixture of suburban residential areas. Much of the open space and rural character remains within the city and especially in the outlining areas. East Hill Shopping Center and Kent East Hill Center, were the first commercial centers to locate in this area, developing at the 256th and 104th intersection in the early 1970 's. Commercial development in the south section of East Hill until the 1980 's. In recent years much of the land directly north of the subject property, along 104th Avenue has been converted from vacant parcels or large single family lots to retail/commercial development. East Hill Carriage Mall, Kent Hill Plaza, and East Hill Auto Service Center Shopping developments have all been constructed within the last four years. Apartment development in the East Hill area first occurred in the late 1960 ' s. During the last five years apartment development has dramatically increased within the City of Kent and particularly on the East Hill. A 247-unit apartment complex known as Kent Terrace is located along 100th Place SE (Crow Road) just west of Canyon Drive and developed in the early 80 's. A 90 unit apartment complex is currently under construction within unincorporated King County, directly south of the subject site. Mill Creek Canyon Park, located west of the subject site was developed in the mid-1970 ' s for recreation and to serve as 30 Staff Report -'ith/Kent East Hill Shopping Center ., dRZ-88-4 storm water detention for Mill Creek during peak storms. The portion of the park that faces the subject property is the upper reaches of Mill Creek and has been left in its natural state. A study of the East Hill commercial areas was conducted in 1985 by the Planning Department. The East Hill Plan Land Use Review includes the subject site. According to the study the subject site was rated to be of moderate potential for commercial development. However, the study and Planning Commission recommendation was never adopted by the Kent City Council . III. LAND USE The subject site is primarily undeveloped except two single family residences located near the center of the site and a glass retail company and hair styling business located at northeast corner of the property. The site is bounded on all sides by City streets,SE 260th street to the north, 104th Avenue SE on the east, SE 264th Street located to the south, and 100th Place SE or Crow Road along the western property line. A variety of land uses surround the subject site. A heavily wooded section of Mill Creek Canyon Park is located to the west. Vacant land is located to the northwest while the East Hill Automotive, a commercial retail center is located to the north. The southern portion of Kent Hill Plaza is located across 104th Ave to the northeast and east. A variety of retail uses exist in this development including a number of discount retail stores, gymnasium, and photography studio. Two proposed buildings as part of planned future development are either under construction or may occur in the near future. Single family residences are located south of the Kent Hill Plaza and southeast and southwest of the site. The area south of the site is unincorporated King County. A 90 unit apartment complex is presently under construction to the south along 104th Avenue SE. These apartments will be developed at a density of approximately 19 dwelling units per acre. Puget Power is planning to construct a substation 200 feet west of 104th Avenue on 264th Street. IV. ENVIRONMENTAL CONCERNS These concerns are in addition to or include comments made under I. General Information, and E. Comprehensive Plan. 31 Staff Report Ruth/Kent East Hill Shopping Center #RZ-88-4 A. Environmental Assessment Currently, a DEIS is being reviewed as part of this rezone request. B. Significant Physical Features 1. Topography and Hydrology The site is bisected by a ridge that runs north-south, through the center of the property. Relatively gentle slopes drain the west half of the site toward 100th Place SE (Crow Road) and the east half toward 104th Avenue SE. 2. Vegetation Vegetation on the site consists of natural grasses, shrubs and fairly heavy stand of trees. The heaviest vegetation exists along the western property line with stands of predominately Douglas fir trees and a mixture of Western red cedar, maple and cottonwood. According to a tree survey completed in 1986, approximately 122 trees measuring 6 inch caliper or greater exist on the property. An updated tree plan showing the relationship of trees to the proposed site plan will be required. This plan must be reviewed and approved by the Planning Department before any grading may begin on the site. C. Significant Social Features 1. Street System The subject property is located at the southwest corner of the intersection of 104th Avenue SE and SE 260th Street. 104th Avenue SE is classified as a minor arterial . The street has a right of way width of 60 feet while only 44 feet is currently paved. A widening strip will be required to be deeded to the City and new left- turn lanes will be required. Additional improvements required on this street are outlined in the DEIS. The average daily traffic count on the street is 7 , 400 vehicle trips per day. Southeast 260th Street is classified as a collector arterial and has a right-of-way width of 60 feet. The street is fully improved with 44 feet of pavement, curb 32 Staff Report ith/Kent East Hill Shopping Center yrRZ-88-4 and gutter, storm water drainage, sidewalks, street lighting and street trees. The average daily traffic count on the street is 3,700 vehicle trips per day. Southeast 264th Street bounds the site to the south. This street is classified as a local arterial with a right-of-way width of 60 feet. The street is improved with 22 feet of pavement only. Crow Road or 100th Place SE is classified as a local arterial . This street has a right-of-way width of 60 feet and is unimproved except for 36 feet of pavement. In the event that Alternative #1 is approved, roadway improvements outlined in the DEIS should be required. In addition the following conditions should be included as part of the rezone approval: A. Deed necessary right of way along 104th Avenue SE for the entire property frontage to accommodate a five lane roadway section from SE 260th Street to SE 264th Street B. Require an asbuilt survey of Crow Road and deed 30 feet thereof from the existing centerline of the road. 2 . Water System There are two existing water main lines available to serve the subject property. An 8-inch water main line is located in SE 260th Street and a 12-inch line is located in 104th Avenue SE. There is also a 36-inch transmission water main line in SE 264th Street. However, no domestic connections are allowed to this line. 3 . Sanitary Sewer System Sanitary sewer lines are available to serve the subject property. An existing 8-inch sewer main line is located in SE 260th Street - and an existing 27-inch sewer main line is in SE 264th Street. There is also an existing sewer main line in Crow Road which ranges from 21-inches to 30-inches in size. 33 Staff Report Ruth/Kent East Hill Shopping Center #RZ-88-4 4 . Storm Water System The site is located in the Mill Creek drainage basin. Mill Creek is located west of the site in Mill Creek Canyon Park. This site is bisected by a ridge which runs north-south through the middle of the site. The west half of the site drains toward Crow Road and enters an 18-inch storm sewer located in 100th Place SE. The storm sewer drains northerly along Crow Road and then empties into Mill Creek. The eastern half of the site drains into 104th Avenue SE which than drains into an existing City of Kent detention facility located to the south. The 104th Avenue SE system is near capacity. Drainage from the Kent facility then discharges into Mill Creek. A storm water system will be necessary to accommodate development of the property. on-site storage shall be provided for a 10-year/25-year (release rate/detention volume) storm. Storm drainage system improvements will be required for 104th Avenue SE. A tightline connection from 100th Place SE to the bottom of Canyon Drive will also be required. These specific requirements are addressed in the DEIS. 5. LID's The subject property is covered by LID 300, Crow Road and SE 260th Street improvements. 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 200 feet of the site were notified of the application and of the public hearing. Staff comments have been incorporated in the staff report where applicable. 34 Staff Report ,th/Kent East Hill Shopping Center rRZ-88-4 VI. PLANNING DEPARTMENT REVIEW The Planning Department has reviewed this application in relation to the Comprehensive Plan, present zoning, land use, street system, flood control problems and comments from other departments and finds that: A. The East Hill Comprehensive Plan designates this area as Community Retail and Office. B. The site is presently zoned Community Commercial, Office, and Medium Density Multifamily Residential. C. The site is bounded on all sides by public streets: SE 260th Street to the north, 100th Place (Crow Road) to the west, 104th Avenue SE (terminus of Benson Highway) to the east, and SE 264th Street to the south. Kent City limits are located along SE 264th Street. D. A majority of the site remains undeveloped. There are two single family residences located in the middle of the site, while two commercial uses are located at the northeast corner of the site. E. Commercial development exists to the north and northeast of the subject property. Single family residences are located to the east, southeast, south, and southwest. A 90-unit apartment complex is located in unincorporated King County, directly south. Mill Creek Canyon Park lies to the west, while the land northwest remains undeveloped. A number of commercial shopping centers are located in the general vicinity of the 104th Avenue SE and SE 256th Street intersection. Those existing south of this intersection include Kent East Hill Center (6. 46 acres) , East Hill Carriage Mall (2 . 04 acres) , Kent Hill Plaza (23 acres) , and East Hill Automotive (2 acres) . F. A major intersection exists approximately 1, 000 feet north of the site where 104th Avenue SE and SE 256th Street intersect. This intersection is currently at level of service "D" . G. Fire and emergency response time is one of the highest in the city at 5. 7 minutes. H. No flooding problems presently occur on this site. The site is located in the Mill Creek drainage basin. Mill Creek is 35 Staff Report Ruth/Kent East Hill Shopping Center #RZ-88-4 located west of the site in Mill Creek Canyon Park. A north- south ridge bisects the property, sloping surface water in two general east-west directions. I. The property is vegetated with approximately 12 trees of six- inch caliper or greater. These are predominantly Douglas fir trees with the heaviest vegetation occurring along the western property line. VII. STANDARDS AND CRITERIA FOR EVALUATING A REZONE APPLICATION Standards and criteria for evaluating rezoning applications are described in the Kent City Code, Chapter 15 . 09 . 050, Amendments, 3 . Standards and Criteria for Granting a Request for Rezone. This Chapter states that, "The following standards and criteria shall be used by the Hearing Examiner and City Council to evaluate a request for a rezone. Such an amendment shall only be granted if the City Council determines that the request is consistent with these standards and criteria. 1. The proposed rezone is consistent with the Comprehensive Plan. 2 . The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. 3 . The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. 4 . Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. 5. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. In this section, the rezone application is evaluated in relation to the above stated criteria. 1. The proposed rezone is consistent with the Comprehensive Plan. 36 Staff Report - 'th/Kent East Hill Shopping Center rxZ-88-4 Planning Department Comment The Comprehensive Plan is comprised of goals, objectives, and policies coupled with land use designations in the Comprehensive Plan and Subarea maps (discussed earlier under Section I. E. of the staff report) . Alternative #1 The proposed rezone would not be substantially consistent with the policies of the Comprehensive Plan or the designations on the City- wide Comprehensive and East Hill Subarea maps. The Comprehensive Plan seeks to provide controlled commercial/retail development on East Hill which does not adversely impact residential areas. This proposal will promote strip commercial development on 104th Avenue SE by pressuring commercial development of the residential area (zoned for office use) across 104th Avenue SE. Alternative #3 This rezone proposal is consistent with the Comprehensive Plan. Although the Comprehensive and East Hill Plan Maps designate the northwestern portion of this site office, the intent (as specified in the goals, objectives and policies) , is to contain commercial development within a core around 256/104 intersection and not allow extension south along 104th Avenue SE beyond mid-block of 260th/264th Street. Policies of the Comprehensive Plan and East Hill Subarea Plan address the need to buffer commercial and residential uses. This alternative provides an office buffer between proposed commercial development and the existing residential uses located to the south and east, as well as the park located to the west. This proposal limits strip development along 104th Avenue and maintains an office buffer south of the commercial development, while allowing a commercial/retail development on the subject property. 2 . The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. Planning Department Comment Alternative #1 This proposal is not compatible with surrounding land use to the east and south. The Commercial development proposed would place a 2 . 3 acre (101, 909 square feet) building with barren walls of at ... 37 Staff Report Ruth/Kent East Hill Shopping Center #RZ-88-4 least 300 feet in length across the street from existing residential uses. These walls will be visually obtrusive to the neighboring residential properties (zoned multifamily residential to the south and office to the east) . In addition, operational hours of the retail uses are such that associated noise and traffic cannot be adequately mitigated. (see more detailed discussion on pages 20 and 21) . Alternative #3 The office buffer proposed in this alternative would eliminate the conflict of commercial development adjacent to existing residential uses. This proposal would also locate office development adjacent from land zoned for office across 104th Avenue SE. Commercial development will be located adjacent to existing commercial development to the east and north. A small area of vacant land, having 150 feet of street frontage along SE 260th Street, and zoned for multifamily development is located across from the northwest corner of the subject site. Orientation of the proposed commercial buildings, driveways and proposed landscape buffers will allow this alternative to be compatible with any future development of this small area of vacant multifamily land. This proposal is compatible with development in the vicinity. 3 . The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. Planning Department Comment Both proposals will greatly impact the intersection of 256th Street and 104th Avenue SE worsening the level of service which is already at "F" . The mitigating measures outlined in the DEIS will bring the level of service back up to "D" for Alternative #1. Mitigating measures were not explored in the DEIS for any other alternative so it is not possible to determine whether traffic impacts can be mitigated for Alternative #3 . 4 . Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. Planning Department Comment Currently there is approximately is 44 . 5 acres of undeveloped land zoned Community Commercial on the East Hill (including the 7 acre portion within the subject site) . Three surrounding retail centers 38 Staff Report th/Kent East Hill Shopping Center vitZ-88-4 have been developed in the last four years, leaving six commercially zoned pieces of property in the general vicinity. The largest contiguous piece of undeveloped, CC, Community Commercial, zoned property near the 256/104 intersection, is the 7 acres within the proposed rezone site. Rezoning the entire site to commercial would add 16.35 acres of commercial development, allowing a 23 acre shopping center to an area that has 33 .5 acres of existing retail already. Existing uses serve the East Hill area, including three major grocery stores, and a wide variety of shops and restaurants. This large amount of new retail is not warranted in the East Hill. Neighboring commercial developments have unleased space and are actually leasing some spaces to office uses. By allowing the proposed rezone, 15. 05 acres of undeveloped land, set aside for office uses will be eliminated. Future office uses may than locate in commercial spaces, which may increase the pressures to rezone more areas to commercial and in effect promote sprawl. The apparent commercial needs in the East Hill area do not warrant a rezone of this extent. 5. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Planning Department Comment Alternative #1 The safety and general welfare of Kent and unincorporated King County citizens is adversely affected by this rezone proposal. The addition of 14 , 650 vehicle trips generated by this proposal will greatly impact the adjacent roadway network and neighboring land uses. Increased traffic congestion will in turn increase the potential for traffic accidents and lengthen the emergency response time in the area. This proposal does not provide any land use transition between high intensity commercial uses and less intensive residential land uses. In addition, the large scale buildings will have adverse visual impact on the adjacent residential land uses. Alternative #3 The 13 ,409 daily vehicle trips expected with this proposal will adversely affect Kent and King County citizen as is discussed for Alternative #1. However, this proposal will provide a land use buffer of office uses between the high intensity commercial uses on the site. 39 Staff Report Ruth/Kent East Hill Shopping Center ., #RZ-88-4 VIII. CITY STAFF RECOMMENDATION A. Upon review of the environmental impact statement and discussion of the merits of the rezone the City staff recommends DENIAL of ALTERNATIVE #1 and APPROVAL of ALTERNATIVE #3 for the following reasons: 1. An office buffer would be maintained between the retail uses to the north and residentially designated land south of the site providing a smoother transition between the intensive commercial uses to the north and rural, residential areas to the south. 2 . Development standards of the office zone are more compatible with residential districts than are commercial uses. Office development is less intensive by nature. 3 . Operational uses within an office zone are less of an impact to surrounding land uses because most offices conduct business during weekdays from 8 : 00 am to 5: 00, generally ceasing during the sensitive residential periods of evening, weekends and holidays. 4 . Commercial development will be contained by restricting it to the area surrounding the, l04th/256th intersection, thus preventing strip commercial from moving south along 104th Avenue. 5. Commercial loading areas and associated noise will be restricted to the northern portion of the site and not adjacent to existing residential uses. 6. Less evening light will be produced by the office development located in the southern portion of the site. Office development will provide a buffer between the residential uses to the south and the commercial uses to the north. As office uses generally end at 5 p.m. , only security lighting (and an occasional late night office light) could be expected in the evening hours. Automobile traffic also would be curtailed in the evening hours, reducing light impacts from headlights. 7 . Visual impacts from signs will be less because office signage is smaller in scale and restricted to nonilluminated or only indirectly illuminated signs only. 40 Staff Report ,th/Kent East Hill Shopping Center r-AZ-88-4 8 . Glare will be reduced because the site coverage is reduced from 40 percent to 30 percent--providing fewer reflective surfaces. 9. Approximately 23 percent of the site will be landscaped per the Zoning Code standards. This percentage will increase with the requirement to preserve existing trees. 10. Lower daily traffic is expected with this proposal, especially during evenings, weekends, and holidays. The location of the office development will result in a lesser traffic impact to the subject sites neighboring properties and adjacent street system. 11. Noises associated with office uses are less than commercial uses and generally limited to traffic. Vehicular noise would decrease in the sensitive residential hours--evenings and on weekends. 12 . Office development mass and scale will be more compatible with residential uses in the area. 13 . office zoned land will be preserved and located in an area which is adjacent to commercial development. 14 . Existing commercial development will be more likely to lease out the available space before additional retail spaces are added to the inventory. B. Recommendation for Alternative #3 (see the map in this staff report that shows the zoning and development for alternatives) . The conditions as outlined in the DEIS and discussed in this report should be included in APPROVAL to Alternative #3 . In addition, the staff recommends the following conditions be applied to an approval of Alternative #3 . 1. No driveway access shall be allowed on 100th Place SE. 2 . Access to the site from SE 264th shall be eliminated unless developer can demonstrate that traffic will not adversely affect the neighboring residential uses. 3 . The developer shall orient the office buildings to contain light impacts as much as possible in the center 41 Staff Report Ruth/Kent East Hill Shopping Center #RZ-88-4 of the site and to provide a building buffer to light impacts along the southern boundary of the site. 4 . Building and roofs should be finished with quality, nonreflective, earth-toned materials so as to reduce glare to surrounding areas. 5 . The landscaping buffer along 104th Avenue SE should be increased to ten feet to provide additional protection against light and glare to the areas to the east of the site targeted in the Comprehensive Plan as multifamily residential . 6. Additional fire protection measures, including requiring buildings to be equipped with sprinklers, may be applied at the time of development plan review, if so determined by the Fire Department. 7 . Restrict construction activities, including clearing and excavation, in the south 600 feet of the site to the hours between 8: 00 a.m. and 5: 00 p.m. 8 . Foundation landscaping shall be required along the front and side building facades to break-up the barren walls and lessen the bulky appearance of the structures. The landscaping shall consist of evergreen and deciduous trees at a minimum height of 12 feet, with supporting shrubs and ground cover. 9 . All landscape areas shall contain underground irrigation systems. 10. All interior landscape islands shall be a minimum of five feet in width and planted with at least one tree, at a minimum height of 12 feet and minimum caliper of two inches. Shrubs and/or ground cover shall also be included in these landscape islands. 11. The perimeter landscaping along 104th Avenue SE shall be a minimum width of ten feet to serve as a vegetative buffer for the existing single family house east of the site. 12 . Shopping cart return areas shall be interspersed throughout the parking lot and screened with landscaping in addition to the required parking lot landscape islands. 42 Staff Report ith/Kent East Hill Shopping Center •.rRZ-88-4 13 . All building facades facing public streets shall provide some type of architectural relief. 14 . Due to the conceptual nature of this alternative, development of a preliminary site plan for Alternative #3 will be required. The review of this site plan shall be expanded in an addendum to the Draft Environmental Impact Statement and shall be brought back to the Hearing Examiner for final review. In addition to the above conditions, additional conditions may be recommended to the Hearing Examiner after staff review of the site plan for Alternative #31 to mitigate impacts identified through this review. C. In the event the Hearing Examiner recommends Alternative #1 zoning, the staff requests that the application be continued so staff can formulate conditions to be applied by the Hearing Examiner. KENT PLANNING DEPARTMENT September 13, 1988 43 CITY or KENT planning . a. b ST M }1 5 243RO i SE 244TH _ i ST S aITH N m 1 O ST < O W h rt w < O '.JAMES > i iCHOOL m "M I ID S F W S 246TH 2QTH m PL m q u < S 246TH ST, SE 248TH ` ST m w < •.J i cA � < 1 r i f 1•..V4 .T S 252NC T SE rin ST EAST H!LL / r yp CENTER p S•t j- iv +•=`\ OF,e,lch SE 232H0 held b' Li W !��'"CDunry * SIS > AD. It. m Police. q < �< < �j. f. •.. O KENT—MERIDIAN Z s I 3 Y < J." 'y r ~O SR.HI.SCHOOL w T N N ST yam-4 SE 256TH ST 30 N .V � N• J J N P o < S 4�I.r•r �•�ri:t i y Kcr..l ,s n AET(RY w'h:�lr' 4 ♦>� Uul.�. 9y.•/. �" kEH SCENIC HILL SE 2fATH$T h N 760 ST N4N°if —1 ELEMENTARYT� Y L SCHOOL :.....:.........:.... '40. \\ .::is;:f:::•?::ii:: < •i I N ..:.-i:.i:.::•.: (Pvl)SEQUOIA I J R.OO $ I62MD SCHOOL L � PI � a I\.'•''••' :?:{C;:{> m Athletic . O I ld_ min SE 264TH STD 1 r y h _ ; :: CITY LIMITS P W J\ > Water .HeservO L. SE 267TH 'STt w n SE 26STH 2:N o < \i? p �^y SE 2707H PL y 2 R,y h E'P 301 29 5E 272N0 <i APPLICATION Name RUTH/KENT EAST HILL SHOPPING CTR LEGEND Number #RZ-88-5 Dale 9/21/99 application site Request Conditional Use VICINITY MAP City limits - - - SCALE _ in = 1000, CITY or KENT planning • WI V I MRM ' .or( ' CC I IMMUNITY CQMMERCI L •� AEDIUM•DENSITY!MULTI-FF�A IL`l. I ` • '• 01 r [M15►C J�1 y,`{�r'�'_YJI � y ; E@ `. 6*!•�r('1 '/30 J� r�,�'rl;S�`J© Sk i�� tit 1 t r rr {' 1 ELorBi?� r 1,` S-1 ` � �•'�x�i9'ii+ g!lS�/�:s: ' - +fin, 7u i t Pt,b' .....•.+.e ti�..u::sS..:nw r�'as`�`w.disj I �• •sV ( I' , ITl Y'j J :r.-' V• Imo, .,l l •0 - 1 eii'Ys } ..A ti -RA-. ' l ia4777n C C 1 . 'eh•�,` �.jr �, }��Y,:yY+,�{ a CMMNNRY-TrOM E CIA ` �k+'�. i ' 3.M 9 1 As1. Y ' ' R A' --- _: RESIDENTIAL AGRICULTURE ® i3 — ••pROFUS101 AND;O FCE . x� < S Y x y i x,Gu.ii • . � �;�;lf tt GARDEN DENSITY/MULTI-FA �ee®ee®eeeeee�� �` , SE. R64TH, ST. .•.. •'. I� ` . � eeeeee�•eeeeeeeee� APPLICATION Name_RUTHIKFNT FAST-HILL SHIPPING LECEND Number HR7-88-4 CENTER Dale 9121/88 application site i flBQUBSt.REZ0NE zoning boundary ZON ING city limits e e e e SCALE — reduced scale CITY OF KENT planni ng . j \ , L�C►r'k� 'J �, °C C�- It R®®®® 0® , ' f � JaA rr � -lit .-_ -'-----, ; iJ < 1 �) c� .E flip m11 bz i— Y. i 'II V _ APPLICATIDN Name RUTH/KENT EAST HILL SHOPPING CTR LEGEND Number #Rz-aa-a pale 9/2I/en aphlicalioa site ®®® [legUCSI TOPOGRAPHICAL MAP - cily limits ,,s�s�s� CITY OF KENT planning . • Y n rt . / ,/ .J,I ;1 (.V ,sans 41094'3's ' I - -'.:.=� —.-5=.=�S✓o. 'ny'�'I 'C_`+`'? a,. ..� R�li�!;lil:.�� 'll l ' id ji HIM I � •�•.3 . � tint ., .` f::, a .. •.tli �a � E�3 nee.. ,i''� � •` �i. t I� r - I _! s� , Et , 4119C-3'1 11' i :I III i• 1 ,, t, t;) , ;!t; � I I , 31 1 ! t 1! f)1 I I i) `--q i APPLICATION Name RUTH/KENT EAST HILL SHOPPING LECEND : CENTER Number #R7_AR-4 Dale _ 9121188 application site llegeest- REZONE ALTERNATIVE #1 SITE PLAN SCALE _ reduced scale r CITY OF KENT planning , b &�3 • I � 1 i n 1 � •' �unsas eye a � r f I . -''Ott� /•�C� ,:�:, ��'���V � ,�.�'J�'` .(� Y_'=--�) S 4 ' • �• •.ram 'I - 1ol �0 X7 . � � `-��,1•__ ��/'" � � � 3 _ :fit. ; __ :� �; y : US W i .cat. '9fD ._ a j .• ��11 .ly Ci, •'i .1 Yip Eii 5 3: APPLICATION Name RUTHAENT EAST HILL SHOPPING CTR LEGEND Number iu_Ra-a Date 9/21/88 application site RCgUBSt Rezone LANDSCAPE PLAN ALTERNATIVE #1 SCALE -. reduced scale CITY or KL'NT planning . -o rb • o to mi • L']11s .,.ova•,•r C o L ^ ' I�� • 1 a_ _ ^' _ ��T�tI..I�1T. r c .l 1. �_ l Hill J u, C '\ 4 " ,u . r V'� W 3 \ � IQU 14 � a� \ ���\ 6 - t V 1 O.rN UJ t]n • ♦O l y l Om U. I { O � - C_ = l` ---------- ---- - lvayu „yea•an APPLICATION Name RUTH?KENT EAST HILL SHOPPING CTR LEGEND : J— NUInbUf #Rz-88-4 pale 9/21/88 application silo RUgUES1 SITE PLAN Alternative 93 SCALE -. Reduced FROM: . Lam Offices of Buck&Gordon A PROFESSIONAL SERVICE CORPORATION l':Wc� WATERFRONT PLACE,SUITE902 SEATTLE,WASHINGTON 98104 1011 WESTERN AVENUE (206)382-954C TO: City Clerk, First Floor City of Kent 220 - 4th Avenue South Kent, WA 980 r FEB G [f i 9 CITY of KENO' W.E. RUTH REAL ESTATE, INC. CITY CLERK 19222 108th Avenue S .E. Renton , Washington 98055 Attn: Mr. Bill Ruth, Broker Re: Community Petition Drive - Ruth/East Hill Shopping Center Dear Bill ; Attached are the signatures of 1 ,102 Kent area residents and shoppers who have signed petitions in support of the Ruth/East Hill "Target" Shopping Center. The petitions were circulated from November 30th through December 8th, 1988 and clearly substantiate support for your proposed center. Our intent was to present the public with a simple , straight forward proposition by which it could accept or reject the proposal as recommended by the Kent hearing Examiner. The wording on the petition was simple and to the point : "WE THE UNDERSIGNED, AS RESIDENTS AND SHOPPERS IN THE GREATER KENT COMMUNITY SUPPORT THE CONSTRUCTION OF THE RUTH/KENT EAST HILL TARGET SHOPPING CENTER AS RECOM- MENDED BY THE KENT CITY HEARING EXAMINER ON NOVEMBER 16 , 1988 . " The rules by which we operated were equally as simple: 1 . All solicitation for signatures must be done with- in the primary shopping area as identified by the project EIS . 2 . All signers must be of legal voting age . 157 N'cslur Way, ',00 Se;ALlc, %VA 98101 (206) 382-1 1 16 Approximately 50% of the signatures were gathered in the commercial shopping areas on the East Hill. This is particularly significant because it means that of those contacted, ALL are currently shopping in the area and intend to continuing doing so. By looking at the addresses, one can also get some idea as to the geographical draw of the shopping area even though a very large majority are Kent residents . Another 35% of the signatures were collected from apartment complexes in the primary shopping, area which illustrates that people are supportive of the idea that the new center will be more convenient and will - through less travel - reduce the impact of an already congested traffic system. About 15% were from the single family residences in the primary area. There was less emphasis on this category due to the amount of time it takes to travel from house to house. We were also very careful not to interrupt evening meals and other home activ- ities during the best home solicitation time which is from approximately 6:30 - 9:00 p.m. A breakdown of the categorical areas from which we drew the signatures and the related responses are as follows : 1 . SHOPPING AREAS: Approximately 50% of the signatures collected were in this category. Of those contacted, nearly 95% signed in support of the project. Of those who chose not to sign , approximately 2 .5% simply didn' t want to be bothered and another 2.5% didn't like the Target stores. 2. APARTMENT COMPLEXES: Accounted for 35% of the total signatures collected. Of those contacted, 75% signed while about 12.5% didn' t want to be bothered and another 12.5% opposed the project . 3. GENERAL RESIDENTIAL: 15% of the total number of signatures were collected in the single family residential neighborhoods. Approximately 1/3 signed ; 1 /3 didn't want to be bothered and the final 1/3 opposed the project . An overview of the signing ratio is as follows : CATEGORY APPROACHED YES NO 1 . SHOPPING AREAS : 579 551 28 2 . APARTMENTS : 514 386 128 3 . SINGLE FAMILY RES . : 495 -165 -330 TOTALS : 1588 1102 486 of the 1588 individuals approached 69.4% supported the project. This is clearly an impressive margin of support . As one individual said, if the politicians could get elected by that big a percentage, they'd be very happy. It is safe to say that there is a great majority of the people who want the Target Shopping Center on the East Hill . Sincerely, l je?re . "Harris nt /!O 9 --�,� PETITION IN SUPPORT OF TARGET SHOPPING CENTER WE, THE UNDERSIGNED, AS RESIDENTS- AND SHOPPERS IN THE GREATER 4` KENT COMMUNITY SUPPORT THE CONSTRUCTION OF THE RUTH/KENT EAST HILL TARGET SHOPPING CENTER AS RECOMMENDED BY THE KENT CITY HEARING EXAMINER ON NOVEMBER 16, 1988. ----------------------------------------------------------------- NAME (Printed) SIGNATURE ADDRESS '_ ---- #r 2. _"��_-=_��__>G�•"av_tg� "lT Z'�`��_1•,`r_E—_����F,Q��GS? 3 . --------------- ;--- -----5----- ---� -1-n _$_17:/---t--�-,-----C-------- -—------------ /`%- �i ----- _9_ 2'�------ ------�s-'he!'- s L Ply 7925� 12 . �Ta y--- w� --- �[ ------- `gyp--�--- J� � �i'---- �. 13. _ '��s� �i c=Z13`�_ �3 t 16 {'l- 11 ue 1n' Q17 . - --- -0- V, 18--------t-------------------- - -- -- _9 nL^ � ar�.SE 19_C�accd;ne��. ,�onne�+ _—_ .?SyYq- /o�,'� - �}�e.- S.E s'`ivj, - llen�'_ 44L . 20. E o �ee4r CJ Sfl2 �t.S� ---- -'-=--------�--------------ILL.- ----- -- r--- KZNT Downtown Association December 29, 1988 � � `• � �' t 89 KENT Honorable Daniel Kelleher, Mayor Kent City Councilmembers City of Kent 220 South Fourth Avenue Kent, Washington, 98032 Re: Application by W. E. Ruth Realty for rezone #RZ-88-4 Dear Mayor Kelleher and Council Members: The project know. as Ruth/East Hill Shopping Center #RZ-88-4 has recently been addressed by hearing examiner, Diane L. VanDerbeek and will be coming before you in January 1989 for final determination. The Board o£ Dircctois of the Kent Downtown Association believe that is important that we express our concerns regarding this project. During the public hearing before Ms. VanDerbeek, Kent City Traffic Engineer, Ed White testified that traffic at the intersection of S.E. 256th and 104th S.E. is currently at ':F" level of service. The Ruth/East Hill Shopping Center, if built would generate approximately 14,650 trips per day which we believe would have a devastating effect upon the 256th/104th intersection and also upon all the roads and intersections in the surrounding area. The September 21 , 1988 Planning Department Staff Report for the hearing examiner states that the 104th S.E. Avenue corridor has one of the worst fire response times in the city . Currently, the response time to the subject property is 5.7 minutes. The new traffic generated as a result of this project would further increase response times and create significant demands and pressure for service from the Kent Fire Department. The City of Kent is currently addressing some of the East Hill traffic congestion by spearheading the development of the 272nd/277th corridor. When this new roadway has been completed, perhaps the East Hill area can absorb additional traffic to the level that this proposed shopping center would generate. Kent Downtown Association P.O. Box 128 • Kent, Washington 98035 • (206) 854-1770 w The Board of Directors of the Kent Downtown Association askes that you as our representatives, delay approval to build this project until such time that the 272nd/277th corridor is well under construction or has been completed. We appreciate your determination to create the 272nd/277th corridor and believe that when completed, the new roadway will have a decided positive effect upon traffic movement on East Hill which would accomodate some of the additional traffic generated by the Ruth/East Hill Shopping Center project. Our main areas of concern are: +� Marked increase of traffic congestion in the entire area. Virtual gridlock at the 256th/104th intersection. Delayed fire response time to residences as well as businesses on 104th S.E. We trust that you will consider our request for a delay and keep our concerns in mind when you are evaluating the Ruth Realty rezone request. Sincer y; Dee Mosche*Association nt Kent Downt cc: Jim White, City Council President Bernie Biteman, City Council Steve Dowell, City Council Christie Houser, City Council Jon Johnson, City Council Paul Mann, City Council Judy Woods, City Council Jim Harris, Interim City Administrator Marie Jensen, City Clerk Fred Satterstrom, Interim Planning Director 10104 SE 268th Street KENT' Wa. 98031 + i� Dec. 22, 1988 KENT WASHINGTON CITY COUNCIL KENT WA. ( ter.. :; Dear Sirs: I wish to add our name to the hundreds of my neighbor's in our residential area who are protesting the approval of zoning for another shopping mall at 104th and 260th SE. We have blocks and blocks of shopping malls along 104th Ave. SE now - congested traffic. One can hardly drive to the post office without waiting often for several minutes to park. We have sufficient numger of stores now and for heaven's sake, we do not, repeat DO NOT need another cheapie shopping mall - - the recent Fred Meyer's addition is already strangkiing traffic in that area. We citizens are tired of getting ignored and pushed around. Maybe a petition would help. And, just maybe some of your folks want to be run out of office at the next election. Give us somemore parks - not shopping malls! Very earnQstly, 3 ,0-Z�1446 M. it TABLE LAW OFFICES OF BUCK & GORDON WATERFRONT PLACE, SUITE 902 ' IOII WESTERN AVENUE PETER L. BUCK SEATTLE, WASHINGTON 98104 'ALSO ADMITTED IN ALASKA t ALSO ADMITTED IN CALIFORNIA BRENT CARBON (206) 382-9540 JAY P. DERR' JOEL M. GORDONt FACSIMILE (206) 626 0675 AMY L. KOSTERLITZ KEITH E. MOXON February 1, 1989 City Councilmembers City of Kent 220 4th Ave. S . Kent, WA 98032 Re: RZ#-88-4 Ruth/Kent East Hill Shopping Center Dear Councilmembers: On February 7, you are scheduled to consider the Hearing Examiner's recommendation in favor of the above-referenced rezone. This letter will serve to highlight a few of the aspects of the project to assist you in that consideration. To begin with, this proposal has not met with any significant opposition during its extensive review process. only a few easily resolvable comments were received to the draft environmental impact statement. Most of the testimony at the hearings was in favor of the project. The support comes from the shopping community, the business community, and the residents in the vicinity of the project. Attached as an illustration, is a series of petitions containing approximately 1100 signatures in support of the project. The letter attached to the petitions explains how they were collected, and the strong majority of support from all those contacted. The reasons for the support and the primary benefits of the proposed rezone to the city are two-fold. First, the East Hill market area will benefit significantly from the Target anchor retail facility proposed in this shopping center. The record before the hearing examiner demonstrates that there is no other suitable location for this type of anchor retailer, and Target' s presence at this location will benefit nearby retailers, as well as the residents of the city generally. It is significant to note that much of the support for the project comes from the other East Hill retailers. The market study contained in the EIS demonstrates that there is significant current unmet demand in this market area. With the Target shopping center, many of the shopping dollars Kent City Council -2- January 31, 1989 (and corresponding sales tax revenues) can be captured within the city, rather than at Southcenter or other retail areas outside the city. The second primary benefit to the city is the proposed mitigation of the traffic impacts in the area. As everyone knows, traffic is a major concern for this area of Kent. The mitigation proposed as conditions on the Ruth shopping center will actually improve the existing traffic conditions at the key problem intersection. Current conditions will result in a delay of nearly 150 seconds by next year, whereas after the project is built with the corresponding mitigation, the delay can be reduced to less than half that amount. Not only does this project take care of its own impacts, but it provides the private impetus to ease a current traffic problem in the city that would otherwise have to be shouldered by the city. The other issues discussed in the EIS have all been adequately mitigated, according to the EIS document and the hearing examiner. The shopping center as proposed provides buffering far in excess of that required by city codes, and a project situated and designed to be sensitive to the surrounding community. The EIS, the staff, and the hearing examiner review of this project has been extensive, the mitigation and conditions are thorough, and we urge Council to approve the rezone as conditioned by staff and the hearing examiner. VerOtruly rs', X , Jay P. Derr Attor ey for Applicant 101319.jpd Enclosures cc: Bill Ruth Kent Planning Department V ;- Kent City Council Meeting Date February 7, 1989 Category Other Business �Yv 1. SUBJECT: ZONING CODE AMENDMENT - WELFARE FACILITIES IN GC ZONE - #ZCA-88-10 2 . SUMMARY STATEMENT: On January 30, 1989 , the Planning Commission recommended approval of a Zoning Code amendment to define transitional housing facilities and to allow such facilities`-a p incipa y permitted 'uses in the GC, General Commercial, Zoning district . 3 . EXHIBITS: Staff report, Planning Commission minutes . 4 . RECOMMENDED BY: Planning Commission 1/30/89 . (Committee, Staff, Examiner , Commission, etc. ) 5 . EXPENDITURE REQUIRED: None SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember 1rnti _ moves, Councilmember ko _seconds to approve ZCA-88-10 as recommended by the Planning Commission and to direct the City Attorney to prepare the amending ordinance. DISCUSSION: ACTION: Council Agenda Item No. 4B KENT PLANNING DEPARTMENT February 3 , 1989 To: Mayor Dan Kelleher and City Council Members From: Fred N. Satterstrom, Acting Planning Director Subject: Welfare Facilities in the GC Zone - Amendment On January 30, 1989, the Planning Commission recommended to the City Council that the GC (General Commercial) zone be amended to include transitional housing as a principally permitted use in the GC zone. This amendment would allow up to a maximum of 20 residents and four staff outright, with numbers greater than this requiring a conditional use permit. The following definition of "transitional housing" is recommended for inclusion in zoning definitions: "A facility operated publicly or privately to provide housing for individuals and/or families who are otherwise homeless and have no other immediate living options available to them. Transitional housing shall not exceed an 18-month period per individual or family. " This code amendment originated from a regulatory review request by the South King County Multi-Service Center. Kent Planning Commission Minutes January 30, 1989 WELFARE FACILITIES IN THE GC ZONE (ZCA 88-10) Ms. McClung presented the request of South King County Multi- Service Center, an agency which helps low-income people with transitional and emergency housing, for a zoning code amendment to allow transitional housing as an outright permitted use in the General Commercial zone. She indicated on a map the area that is zoned GC and defined transitional housing as a facility operated publicly or privately to provide housing for individuals and/or families who are otherwise homeless and have no other immediate living options available to them. Transitional housing shall not exceed an 18-month period per individual or family. The 18-month period is the maximum time adopted by the code of South King County Multi-Service Center and the City of Bellevue. The GC area was selected because of its close proximity to public transportation, laundry facilities, stores, etc. Ms. McClung explained the difference between a special permit use and an outright permitted use is that certain development standards can be required of a ' special permit use. The Planning Department felt that the development standards for the General Commercial zone were adequate for transitional housing. Discussion followed regarding these standards. Sharon Atkins, 30901 East Lake Morton Drive SE, Kent, expressed appreciation to the Planning staff in locating,transitional housing in Kent. This would be a purchase rather than a lease. She explained that most transitional housing recipients stay for approximately two to four months. The housing would accommodate a maximum of 20 individuals at any one time. She felt the area selected was suitable for children, and that this was a partial solution to the special populations and welfare facilities objective of the Comprehensive Plan. She explained that these people can't become self-sufficient unless they have access to jobs and services in the area. Commissioner Ward MOVED to close the public hearing. Commissioner Greenstreet SECONDED the motion. Motion carried. Commissioner MOVED that the Commission accept the following recommendation: That Section 15. 02 of the Kent Zoning Code be modified to include the following definition of transitional housing: "A facility operated publicly or privately to provide housing for individuals and/or families who are otherwise homeless and have no other immediate living options available to them. Transitional housing shall not exceed an 18-month period per individual or family. " That the principally permitted uses of the GC zone (Section 15. 04 . 140 2h of the Kent Zoning) be modified to add the following use: -Transitional housing facilities, limited to a maximum of 20 residents at any one time and four resident staff. (Facilities accommodating a larger number of residents require a conditional use permit. ) Commissioner Forner SECONDED the motion. Motion carried. ADJOURNMENT Commissioner Forner MOVED and Commissioner Stoner SECONDED a motion to adjourn the meeting. The meeting was adjourned at 10: 00 p.m. Respectfully submitted 6ZA ed N. Satterstrom Acting Planning Director f KENT PLANNING DEPARTMENT STAFF REPORT PLANNING COMMISSION MEETING OF JANUARY 23 , 1989 FILE NO: #ZCA-88-10 REGULATORY REVIEW OF WELFARE FACILITIES IN A GC, GENERAL COMMERCIAL, ZONE. INTERESTED PARTY: Sharon Atkin c/o South King County Multi- Service Center. ORDINANCE/REGULATION BEING REVIEWED: Section 15. 04 .140, GC, General Commercial, district of the Kent Zoning Code which presently requires a conditional use permit for "welfare" facilities. I. BACKGROUND The regulatory review process was set up by the City Council to permit interested persons to submit concerns and proposals related to Kent Zoning Code and Ordinances. The first step in the process is to fill out a form entitled City of Kent Regulatory Review. A number of questions are listed - on the form. The interested party submits the completed form to the Planning Department and a staff report is prepared on the proposal. This staff report is then sent to the Planning Commission for their review. The Commission then decides whether or not to proceed with public hearings on the request. An appeal to the City Council Planning Committee may be made for those requests with which the Planning Commission decides not to proceed. Planning Committee meetings to consider appeals are held every three months or as necessary. II. PLANNING DEPARTMENT REVIEW The Planning Department considered the following facts in relation to this regulatory review request: Existing situation in the GC General Commercial , district: This section of the Kent Zoning Code currently states that the purpose of this district is "to provide for a range of trade, service, entertainment and recreation land uses which occur adjacent to major traffic arterials and residential uses. " The uses typically permitted outright in this district 1 Staff Report Welfare Facilities in GC Zone ZCA-88-10 include an array of service and retail uses. These include such uses as bakeries, grocery stores, home furnishings, gift stores, banking facilities, beauty shops, repair services, and professional/educational/welfare services. General Conditional Uses, as stated in Section 15.08. 030B of the Kent Zoning Code, are permitted in the GC zone. These uses generally fall into several broad categories which include the following: utility, transportation and communication facilities; public facilities (i.e. schools, libraries, governmental agencies) ; open space (i.e cemeteries, parks, etc. ) ; and churches, retirement homes, and other welfare facilities. The purpose of the Conditional Use section of the zoning code is to identify certain types of land uses that may require greater freedom of location than other uses restricted to certain zoning districts. These uses may have the following characteristics: Public necessity, unique technical/operating characteristics and their impact on the vicinity in which they are locating. At this time, a Conditional Use permit is required before a welfare facility can locate in any zoning district within the City. The City includes a wide variety of uses within the category of "welfare facilities" : transitional housing, group homes for special populations, halfway houses, senior housing as well as other facilities. (A copy of their regulatory review application is appended to this staff report. ) III. DISCUSSION OF APPLICANT'S PROPOSAL The South King County Multi Service Center staff approached the City recently with a proposal to locate some transitional housing units within a General Commercial Zone. Upon reviewing this specific request the question was posed as to why a conditional use permit would be required for this type of facility within the General Commercial zone. After some consideration, the staff agreed that eliminating the conditional use permit requirement for this particular type of welfare facility would be a legitimate request. For the purposes of this request it is necessary to define what a "transitional housing facility" is. Based on information gathered from other jurisdictions and input from South King County Multi Service Center the following definition is proposed: 2 Staff Report Welfare Facilities in GC Zone ZCA-88-10 Transitional/Emergency Housing Facility--A facility operated publicly or privately to provide housing for individuals and/or families who are homeless and have no other immediate living options available to them. Transitional housing shall not exceed an 18 month period per individual or family. Facilities shall be limited to a maximum of 20 residents at any one time and 4 resident staff. - The applicant has presented several arguments for allowing transitional housing facilities in the GC, General Commercial, zone without obtaining a conditional use permit. The arguments are listed below with a Planning Department comment following each. A. "Welfare facilities could be more easily located in the community with less time and expense. " Planning Department Comment The City of Kent Zoning Code currently requires a conditional use permit for a welfare facility to locate within the City. The conditional use permit process may be costly (minimum cost is $500 plus $10 per acre plus $150 SEPA) to organizations that rely on grants and private donations. It can also take over three months to obtain one. This time estimate does not take into account potential appeals. Given the increasing need for welfare facilities and the time and financial factors involved, the staff feels that allowing certain welfare facilities as outright permitted uses in the General Commercial zone is reasonable and appropriate. Monetary considerations are not a legal basis to make a change in a land use issue; however, there are legitimate land use reasons to support this request as well. Locating residential units in commercial zones is not usually a desirable practice. The characteristics of commercial zones such as noise, light and glare, and traffic are not compatible with permanent housing. The General Commercial zone is appropriate for transitional housing in this case because of its close proximity to services. This is an especially important factor when locating transitional housing facilities. Residents using these homes may rely on public transit and must be close to stores, laundry services, and public assistance offices. It 3 Staff Report Welfare Facilities in GC Zone ZCA-88-10 is not anticipated that these facilities would have a negative impact on the GC zoning districts. B. "This change would support and facilitate supportive and assisted housing as suggested in the Comprehensive Plan (Goal 3, Objective 1 & 2) the Central Business District Plan (Goal 3, Objective 1) Valley Floor Plan (Goal 1, Objective 1, Policy 2,/Goal 2, Objective 1, Policy 5) . " Planning Department Comment Under the Housing Element of the Comprehensive Plan the following goal and objectives are stated: GOAL 3 : Assure an adequate and balanced supply of housing units offering a diversity of size, densities, age, style and cost. Objective 1: Encourage the maintenance and rehabilitation of existing housing units. Objective 2 : Encourage the production of a variety of new dwelling units. The following goal and policy is taken from the CBD Plan: GOAL 3 : Encourage the provision of various housing units for individuals and families of varied income levels. Policy 2 : Support State, Regional and Federal housing programs which provide housing assistance to various income groups. The goals and policies from the Housing Element of the Central Business District plan supporting this request are as follows: GOAL 3: Encourage the provision of housing units for individuals and families of varied income levels. Objective 1: Provide a residential area in and around the CBD which is accessible and attractive to a variety of people. The following are goals, objectives and policies taken from the Housing Element of the Valley Floor Plan relevant to this proposal: 4 Staff Report Welfare Facilities in GC Zone ZCA-88-10 GOAL 1: Preserve and expand existing residential neighborhoods located close to necessary public facilities and services. Objective 1: Encourage the rehabilitation of existing residential neighborhoods Policy 1: Encourage neighborhood rehabilitation through the housing and community development program. Policy 2 : Ensure that the needed community services are easily accessible to neighborhood residents. GOAL 2 : Guide new residential development into suitable areas on the Valley Floor. Objective 1: Encourage diverse residential developments into areas adjacent to commercial and retail districts. Policy 5: Provide for assisted housing (e.g. For the elderly, low income etc. ) The City Staff feels that this request is consistent with the intent of the 'Comprehensive Plan, Central Business District Plan, and Valley Floor Plan Housing Goals, Objectives and Policies. In order for housing to be accessible to individuals of varied income levels, it must be located near existing transit routes and service centers. This is especially true for low income, elderly and handicapped individuals. Most of the existing GC zoned land within the City of Kent is located on the Valley floor and along Pacific Highway South. Both of these areas are adequately served by transit and are near service centers. The need for emergency transitional housing in the South King County area has been well documented. The South King County YWCA turned away an estimated 4,200 people in 1987. It is appropriate that Kent provide opportunity for these type of facilities to locate in areas such as the General commercial zones where the needed services are available. In a study by the King County Human Service Roundtable, the South King County work group identified housing for low income people as one of the top priorities to be addressed through local and regional efforts. This study was endorsed by the Kent City Council and the Kent Human Service Commission. 5 Staff Report Welfare Facilities in GC Zone ZCA-88-10 OTHER CONSIDERATIONS The Kent Planning Department is in the process of examining the whole housing issue through the Housing Study. Resolving how the City is going to deal with housing of special populations within the City will be within the scope of this study. Goals and policies as well as proposed changes to the Zoning Code will be included. In order to accommodate the South King County Multi Service Center with what staff feels is a worthwhile and needed project, The Planning Department has separated this particular type of "welfare facility" from the larger issue. V. ALTERNATIVES/ACTIONS The Planning Department Staff has considered the request and offers the following options for review and consideration: A. No action. Under this alternative the uses (both principally permitted and conditional) in the General Commercial zone would remain the same. Transitional housing facilities would not be allowed in the General Commercial zone without a conditional use permit. B. Allow as a principally permitted use. Under this alternative, transitional housing facilities would be allowed in the General Commercial zone outright. A conditional use permit would not be required. This is the staff' s preferred alternative as defined in this report. C. Allow as a special permit use. Under this alternative, transitional housing facilities would be allowed in the GC zone as a special permit use. This would allow these facilities as a permitted use with development standards that exceed those for principally permitted uses in this zone. VI. PLANNING DEPARTMENT RECOMMENDATION After reviewing this request, the information available, the above options, and the potential impacts on the existing land use patterns in the City of Kent, the Planning staff recommends: 6 Staff Report Welfare Facilities in GC Zone ZCA-88-10 1. That Section 15.02 of the Kent Zoning Code be modified to include the following definition of "transitional housing facilities": "A facility operated publicly or privately to provide housing for individuals and/or families who are otherwise homeless and have no other immediate living options available to them. Transitional housing shall not exceed an 18-month period per individual or family. " 2 . That the principally permitted uses of the GC zone (Section 15. 04 . 140 2h of the Kent Zoning Code) be modified to add the following use: -Transitional housing facilities, limited to a maximum of 20 residents at any one time and four resident staff. (Facilities accommodating a larger number of residents require a conditional use permit. ) 7 i w i^j CITY OF KENT JEC 1510988 REGULATORY REVIEW rtANhtid,i7i[.r;i° T . CRY Gi 1C'::T The Kent City Council has determined that ongoing review or the City's regulatory process is in the ' public's best interest. The Council wants the public to be able to participate in this review. The outline on this page is intended to give the public an opportunity to write down those things that - they do not like about an ordinance or regulation. The Council will then review the public's comments and, when appropriate, make changes to ordinances and regulations. 0 What ordinance or regulation do you want the Council to review? City of Kent Zoning Code , General Commercial Zone, - Section 15.08.030. . 0 What is it that bothers you about this ordinance/regulation? In order to locate a welfare facility in a General Commercial zone, a conditional use permit must be sought. - 0 What changes do you suggest to this ordinance/regulation? We suggest that the zoning code be ammended to include welfare facilities as an appropriate use in a General ' Commercial zone. 0 What significance to the Community will occur with your proposed change? Welfare facilities could be more easily located in our community with Less time and expense. These facilities would not have a negative impact inthis zoning as sometimes occurr in residential zoning. However, this is not to say - - that welfare facilities should be excluded from residential zoning but General Commercial should be ammended to include - welfare facilities. ' 0 What effect, if any; will your proposed change have on related ordinances, regulations, plans and policies? This change would support and facilitate supportive and assisted housing as suggested in the Comprehensive Plan (Goal 3 , objective 1 & 2) , Central Business District Plan (Goal 3, . objective 1) , Valley rFloor. Comprehensive Plan (Coal 1, objective 1, Policy 2/ Goal 2 , objective 1, policy 5).w 0 Have you reviewed your concern with a City staff member? Lin Ball , Mary Duty, Kathy McClung 0 Do you have any general comments you wish to make (can be about the or- dinance/regulation you want changed or about anything else to do with ordinances/regulations or the permit process)? Staff has been very cooperative in providing information and support in this process. NAME SnSUTH KING cnuNTy MULTI-SERVICE CENTER (Sharon Atkin) ADDRESS 1505 S_ 356rh Federal Way 98003 main office 525 4th Avenue N. , Kent 98031, Kent office PHONE NO. 859-6575 nr 6576 10/85 /Y Kent City Council Meeting Date February 7, 1989 Category Other Business 1 . SUBJECT: COOPERATION AGREEMENT FOR LOW RENT HOUSING 2. SUMMARY STATEMENT: The Cooperation Agreement (HUD Form 52481 ) between the King County Housing Authority and the City of Kent would result in the Authority establishing one unit of low rent housing within the city limits of Kent . 3 . EXHIBITS: Staff memo, sample draft Cooperation Agreement . 4 . RECOMMENDED BY: City Council Planning Committee approval is anticipated 2-7- Committee, Staff, Examiner , Commission, etc. ) 5 . EXPENDITURE REQUIRED: None SOURCE OF FUNDS : 6 . CITY COUNCIL ACTION: Councilmember \ moves, Councilmember vwl seconds to authorize the Mayor to enter into a Cooperation Agreement with the King County Housing Authority to locate one unit of low-rent housing within the City of Kent . � A DISCUSSION: YA ACTION: Council Agenda Item No. 4C KENT PLANNING DEPARTMENT February 3, 1989 To: Mayor Dan Kelleher and City Council Members From: Fred N. Satterstrom, Acting Planning Director Subject: Cooperation Agreement between King County Housing Authority and City of Kent This matter is scheduled for the Council Planning Committee meeting on the same day as the regular Council meeting (2-7-89) . Therefore, the action of the Committee is not known at this time. However, it is anticipated that the Committee will approve the cooperation agreement and send it forward to the full Council for their action. The Planning Department or Judy Woods, Chair of the Planning Committee, will be available at the Council meeting to report on the action of the Committee. The purpose of the Cooperation Agreement between the King County Housing Authority and City of Kent is to permit the Authority to locate one (1) unit of low-rent housing within the city limits of Kent. A sample of the proposed agreement (HUD Form 52481) is attached herewith. The agreement is currently being reviewed by the City Attorney. 01i31i19e9 14:46 FROM KING CO. HOUSING RUTHORTY TO 8593334 P.01i05 P,1rm IIUU-5PI$81. Thin form has been prepared by the Department of Housing and Urban Development for use by a Local Authority as a guide in drafting . Pereemonts providing for local cooperation, as required by the Housing Act of 19r, and by rerulatfons of the Department. `\ Page 1 1 FCC F�c� COOPERh.TION ACRL'n`ri!' This Agreement entered into this day of 19_, by and between ' (herein called the "Local Authority" and (herein called the "Aunieipaiity" , vitnesseth: In consideration of the imutual covenants hereinafter set forth, the parties hereto do agree as follows: 1. Whenever used in this Agreement: (a) The tern "Project" shall mean any low-rent housing hereafter developed or acquired by the Local Authority with financial assistance of the United atltes of America acting thryu; the Secretary of Housing and Urban Development (herein called the "Government-); excluding, however, z.y low-rent housing project covered by an;- contract for loans said annual contributions entered into between the Local Authority a:d the Government, or Its predecessor agencies, prior to the datt of this Agreement. (b) The term "Taxing Body" shall mean the State or any political subdivision or taxing unit thereof In which a project is situated and which would have authority to assess or lee real or personal property taxes or to certify such taxes to a taxing body or public officer to be levied for Its use and benefit with respect to a Project if it were not exempt from taxation. (0) The term "Shelter Rent" shall mean the total of all charres to all tenants of a Project for dwelling rents and nondwelling rents (excluding all other income of such Project), less the cost to the Local Authority of all dwelling and nondwelling utilities. 2. The Local Authority shall endeavor (a) to secure a contract or contracts with the government for loans and annual contributions covering one or more Projects ce^,rising approximatelyunits CW M- /uts of low- rent housing and (b) to develop or acquire and administer such Project or Pro- joetc, each of which shall be located within the corporate limits of the Ahmi- eipality. The obligations of the parties hereto shay_ apply to each such Pro- ject. 3. (a) Under the constitution and statutes of the of , 31 all projects are exempt from all real and personal property taxes and special assessments levied or imposed by any Taxing Body. With respect to any Project, so long as either (i) such Project 1s owned by a public body or governmental agency and is used for lov-rent housing purposes, or (ii) any contract between the Local Authority and the Government for loans or annual contributions, or both, in connection with such Project remains in force and effect., or (III) any bonds issued In connection with such Project or any monies due to the Government in connection with such Project remain unpaid, whichever period is the longest, the Municipality agrees that It will not levy or impose any real or yersonal -„ Property taxes or special assessments upon such Project or upon the Local Authority with respect thereto. During auoh period, the Local Authority shall make annual payments (herein called "Payments in Lieu of Taxes") S/!O /o�r/ O1/31/1989 14:47 FROM KING CO. HOUSING AUTHORTY TO 8593334 P.02/05 ti. HUD-52481 Page 2 in lieu of such taxes and special assessments and in payment for the public services and facilities Parnished from time to time without other cost or charge for or with respect to such Project. (b) Each such annual Payment in Lieu of Taxes shall be made after the end of the fiscal year established for such Project, and shall be in an amount equal to either (i) ten percent (10p) of the Shelter Rent charged by the Local Authority in respect to such Project during such fiscal year or (ii) the amount permitted to be paid by applicable state law in effect on the date such payment is made, whichever amnunt is the lower. (c) The Municipality shall distribute the Payments in Lieu of Taxes among the Taxing Bodies in the proportion which the real property taxes which would have been paid to each Taxing Body for such year if the Project were not exempt from taxation bears to the total real property taxes which would have been paid to all of the Taxing Bodies for such year if the Project were not exempt from taxation; Provided, however, That no payment for any year shall be made to any Taxing Body in excess of the amount of the real property taxes which would have been paid to such Taxing Body for such year if the Project were not exempt from taxation. (d) Upon failure of the Local Authority to make any Payment in Lieu of Taxes, no lien against any Project or assets of the Local Authority shall attach, nor shall any interest or penalties accrue or attach on account thereof. 4. During the period commencing with the date of the acquisition of any part of the site or sites of any Project and continuing so long as either (i) such Project is owned by a public body or governmental agency and is ured for low-rent housing purposes, or (ii) any contract between the Local Authority and the Government for loans or annual contributions, or both, in connection with such Project remains in force and effect, or (iii) any bonds issued in connection with such Project or any monies due to the Government in connection with such Project remain unpaid, whichever period is the longest, the Municipality without cost or charge to the Local Authority or the tenants of such Project (other than the Payments in Lieu of Taxes) shall: (a) Furnish or cause to be furnished to the Local Authority and the tenants of such Project public services and facilities of the same character and to the same extent as are furnished from time to time without cost or charge to other dwellings and inhabitants in the Municipality; (b) Vacate such streets, roads, and alleys within the area of such Project as may be necessary in the development thereof, and convey without charge to the Local Authority such interest as the Municipality, may have in such vacated areas; and, in so far as it is lawfully able to do so without cost or expense to the Local Authority or to the Municipality, cause to be removed from such vacated areas, in so fax as it may be necessary, all public or private utility lines and ecaipment; (a) 7u so far as the Municipality may lawfully do so, (i) grant such deviations from the building code of the Municipality as are reasonable and necessary to promote economy and efficiency in the development and administration of such Project, and at the same time safeguard health and safety, and (ii) make such changes in any zoning of the site and surrounding territory of such Project as are reasonable and necessary for the development and protection of such Project and the surrounding territory; 01/31/1985 14:48 FROM KING CO. HOUSING AUTHORTY TO B593334 P.03/05 im-52461 .Page 3 (d) Accept grants or easements necessary for the development _ of such project; and (a) Cooperate with the Local Authority by such other lawful action or ways as the Municipality and the Local Authority may find necessary in connection with the development and administration of such project. s 5. In respect to any Project the Municipality further agrees that within a reaeonabla -time after receipt of a written request therefor from the local Authority: (a) It will accept the dedication of all interior streets, roads, alleys, and adjacent sidewalks within the area of such Project, together with all storm and sanitary sewer mains in such dedicated areas, after the Local Authority, at its own expense, has completed the grading, improvement, paving, and installation thereof in accordance with specifications acceptable to the Municipality; (b) It will accept necessary dedications of land for, and will grade, improve, pave, and provide sidewalks for, all streets bounding such Project or necessary to provide adequate access thereto (in consideration whereof the Local Authority shall pay to the Municipality such amount as would be assessed against the Project site for such work if such site were privately owned; and (c) It will provide, or cause to be provided, water mains, and storm and sanitary sewer mains, leading to such Project and serving the bounding streets thereof (in consideration whereof the Local Authority shall pay to the Municipality such amount as would be assessed against the Project sit- for such work if such site were privately owned). 6. If by reason of the Municipality's failure or refusal to furnish or cause to be furnished any public services or facilities which it has agreed hereunder to furnish or to cause to be furnished to the Local Authority or to the tenants of any Project, the Local Authority incurs any expense to obtain such services or facilities then the Local Authority may deduct the amount of such expense from any Payments in Lieu of Taxes due or to become due to the Municipality in respect to any Project or any other low-rent housing projects owned or operated by the Local Authority. 7. No Cooperation Agreement heretofore entered into between the Municipality and the Local Authority shall be construed to apply to any Project covered by this Agreement. S. No member of the governing body of the Municipality or any other public official of the Municipality who exercises any responsibilities or function with respect to any Project during his tenure or for one year thereafter shall have any interest, direct or indirect, in any Project or any property included or planned to be included in any project, or any contracts in connection with such Projects or property. If any such governing body member or such other public official of the Municipality involuntarily acquires or had acquired prior to the beginning of his tenure any ouch interest, he shall immediately disclose such interest to the Local Authority. 01/31/1969 14:48 FROM KING CO. HOUSING AUTHORTY TO e593334 F.04i05 1.• • • m-52481 PW4 9. So lon as any contract between the Local Authority and the Government for loans including preliminary loans) or annual Contributions, or both, In connection with any project remains in force and effect, or so long as any bonds issued in connection with any Project or any monies due to the Government in connection with any Project remain unpaid, this Agreement shall not be abrogated, changed, or modified without the consent of the Government. The privileges and obligations of the Municipality hereunder shall remain in full Toro4 and effect with respect to each Project so long as the beneficial title to such Project is held by the Local Authority or by any other public body or governmental agency, including the Government, authorized by law to engage in the development or administration of low-rent housing projects. If at any time the beneficial title to, or possession of, any Project is held by such other public body or governmental agency, including the Government, the provisions hereof shall inure to the benefit of and may be enforced by, such other public body or governmental agency, including the Government. . IN}WITNESS WEEREOF the Municipality and the Local Authority have respec- tively-signed this Agreement and caused their seals to be affixed and attested as of the day and year first above written. (SEAL) Corporate Name of Municipality ATTEST: (Type Name and Title Type Name and Title (SEAL) Corporate Name of Local Authority) ATTEST: By Chairman Type Name and Title Attachment to Form 90-52481 NOTES IN CONNECTION WITH THE USE OF PORK EM-524819 "COOPERATION AGREEMENT" For general information in connection with the preparation and adoption of Cooperation Agreements•, Sae Handbook 7417.1 Chapter 2, Section 3. Form HOD-52481 should be used as a guide in drafting a Cooperation Agreement. - It is applicable to both urban and rural nonfarm housing. Normally, a Cooperation Agreement will cover low-rent housing to be developed or acquired In one locality, and Form E -52481 is for use in entering into an agreement with the governing body of the locality in which Rich housing is to be _ located. In the event that cooperation is required from an additional governing body or taxing body, a joint agreement or separate agreements with such additional bodies may be used; modifications of Form EUD-52481 will be required, and the Government should be consulted in such cases. The following notes are related to the use of the blank spaces in Form MUD-52481: .. Insert the name of the political subdivision with which the Cooperation Agreement is being entered into, such as "City of Atlanta, Georgia," or "County of Fulton, State. of Georgia," etc. The word 'Wanicipality" is used as a defined term throughout the Agreement to identify the political subdivision, even though in some cases it may be a county or other body. Insert the number of units of low-rent housing to which the Cooperation Agreement applies. Insert the name of the State, Indicating whether it is a Statx or Commonwealth. .......... Kent City Council Meeting 1 } � Date February 7, 1989 Category Other Business 1. SUBJECT: HARRIS REZONE #RZ-88-7 2 . SUMMARY STATEMENT: On January 4, 1989 the Hearing Examiner recommended conditional approval of a request by John R. Ewing and Associates to rezone approximately 0 . 71 acres from MHP, Mobile Home Park, to GC, General Commercial . The property is located on the west side of N. Washington Street (SR 181 ) , approximately 616 feet south of W. James Street. 3 . EXHIBITS: Staff memo, staff report, minutes, findings and recommendation. 4 . RECOMMENDED BY: Hearing Examiner 1/4/89 . (Committee, Staff, Examiner, Commission, etc. ) 5 . EXPENDITURE REQUIRED: None SOURCE OF FUNDS• 6 . CITY COUNCIL ACTION: Councilmember -T) moves, Councilmember �1 seconds to adopt the fi' dings of the Hearing Examiner, to concur with the Hearing Examiner 's recommendation of approval with 2 conditions, and to direct the City Attorney to prepare the rezone ordinance. DISCUSSION• r ACTION: __ Council Agenda Item No. 4D KENT PLANNING DEPARTMENT February 2, 1989 MEMO TO: Mayor Dan Kelleher and City Council Members FROM: Fred N. Satterstrom, Acting Planning Director SUBJECT: HARRIS REZONE #RZ-88-7 On December 21, 1988, the Hearing Examiner held a public hearing to consider an application by John R. Ewing & Associates to rezone 0.71 acres from MHP, Mobile Home Park, to GC, General Commercial. The property is located on the west side of N. Washington Street (SR 181) , approximately 616 feet south of W. James Street. The Hearing Examiner recommends approval of this rezone with the following conditions: A. Deed to the City for street purposes the easterly 17 feet of the property such that the westerly half street right-of-way width for West Valley Highway (Washington Avenue) is 50 feet. B. Execute a no protest LID participatory agreement for the improvement of West Valley Highway (Washington Avenue) . CA:FNS:ca FINDINGS AND RECOMMENDATION OF THE HEARING EXAMINER FOR THE CITY OF KENT FILE NO: HARRIS #RZ-88-7 APPLICANT: JOHN R. EWING & ASSOCIATES REQUEST: A rezone to change an existing MHP, Mobile Home Park, zoning district to a GC, General Commercial, zoning district. LOCATION: The site is located on the west side of N. Washington Street (SR 181) , approximately 616 feet south of W. James Street. APPLICATION FILED: 9/30/88 DEC. OF NONSIGNIFIANCE: 10/20/88 MEETING DATE: 12/21/88 RECOMMENDATION ISSUED: 1/4/89 RECOMMENDATION: CONDITIONAL APPROVAL STAFF REPRESENTATIVE: Fred Satterstrom, Planning Department Kathy McClung, Planning Department Carol Proud, Planning Department Ed White, Public Works Department Gary Gill, Public Works Department PUBLIC TESTIMONY: Larry Onorati, applicant WRITTEN TESTIMONY: None INTRODUCTION After due consideration of the evidence presented by the applicant, all evidence elicited during the public hearing, and as a result of the personal inspection of the subject property and surrounding area by the Hearing Examiner, the following findings of fact and conclusions shall constitute the decision of the Hearing Examiner on this application. FINDINGS OF FACT 1. The applicant, John R. Ewing & Associates, requested a rezone from MHP, Mobile Home Park, to GC, General Commercial. 1 Findings and Recommendation Harris #RZ-88-7 2. The subject application is not a site-specific development application and, to date, no development plans have been submitted. However, the applicant has indicated that it is possible that a mini-warehouse facility may be constructed on the subject property and on a parcel to the south pursuant to a previously approved conditional use permit under File #CE-86-1. 3 . The subject property, which is 0.71 acres in size, is located on the west side of N. Washington Street approximately 616 feet south of W. James Street. 4 . The Comprehensive Plan Map designates the subject site as C, Commercial, which is consistent with the designation for the site in the Valley Floor Plan Map. The site is level and is currently undeveloped although there is a single-family residence to the south. 5. Surrounding land uses and zoning in the vicinity include a mobile home court and a small commercial building to the north on the parcel fronting N. Washington Street and a car dealership located on the southwest corner of W. James Street and N. Washington Street which is also to the north of the site. Currently there is a multifamily residential development located to the west of the site while east of the site there is a restaurant/tavern. There's another mobile home court located southeast of the site. 6. The evidence establishes that the subject property has access to N. Washington Street. This street is classified as the principal arterial with a public right-of-way width of 60 feet and actual width of paving of 50 feet. 7 . The site has access to water and sanitary sewers and will be required to construct a storm drainage system upon development. S. The staff report, with its recommendation of conditional approval, is incorporated herein by reference as though set forth in full. CONCLUSIONS 1. The City of Kent Zoning Code contains a number of criteria which must be established prior to the time that a rezone can be granted. 2 Findings and Recommendation Harris #RZ-88-7 2 . The first of these criteria is that the proposed rezone is consistent with the Comprehensive Plan. This proposed rezone is consistent with both the Comprehensive Plan and the designation of the site in the Valley Floor Plan. 3 . It must also be established that the proposed rezone and subsequent development of the site is compatible with development in the vicinity. The site is in the vicinity of a number of commercial uses with the exception of the existing mobile home court. The undersigned concludes that approval of this rezone would allow an in-fill of commercial development which would be compatible with surrounding development in the vicinity. 4 . The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. Although the specific traffic impacts associated with the rezone cannot be definitively defined absent a site-specific development proposal, future development on the site must comply with existing City codes and standards including the State Environmental Policy Act. This criteria is established by the evidence. 5. In addition, the applicant must establish that circumstances have changed substantially since establishment of the current zoning district to warrant the proposed rezone. The area was first zoned for mobile home park uses approximately 30 years ago. Since this time, the vicinity has been surrounded has been surrounded by intensive commercial development occurring on both sides of N. Washington Street and multifamily residential development which has occurred primarily west of the site. Accordingly, circumstances have changed substantially since establishment of the current zoning district to warrant the proposed rezone. 6. Further, the proposed rezone must not adversely affect the health, safety, and general welfare of the citizens of Kent. This criteria is established by the evidence. RECOMMENDATION For each of the above reasons, the recommendation of the Hearing Examiner to the Kent City Council is CONDITIONAL APPROVAL, subject to the following conditions: 3 Findings and Recommendation Harris #RZ-88-7 A. Deed to the City for street purposes the easterly 17 feet of the property such that the westerly half street right-of-way width for West Valley Highway (Washington Avenue) is 50 feet. B. Execute a no protest LID participatory agreement for the improvement of West Valley Highway (Washington Avenue) . Dated this 4th day of January, 1989 . t zepo DIANE L. VANDERBEEK Hearing Examiner Request of Reconsideration Any party of record who feels the decision of the Examiner is based on error of procedure, fact or judgment, or the discovery of new evidence may file a written request for reconsideration with the Hearing Examiner no later than 14 days of the date of the decision. Reconsideration requests should be addressed to: Hearing Examiner, 220 Fourth Avenue S. , Kent, WA 98032 . Notice of Right to Appeal The decision of the Hearing Examiner is final unless a written appeal to Council is filed by a party of record within 14 days of the decision. The appeal must be filed with the City Clerk and state the basis of appeal which may be errors of fact, procedural errors, omissions from the record, errors in interpretations of the Comprehensive Plan or new evidence. See Ordinance #2233 and Resolution #896 for specific information. 4 CITY OF KENT planning a . n . �o 167 . j r. N S. 234 TH . . L. i o ST 1 0 O z It W 4 Y ♦ < COL[ ST CLOY z T ►ST ` a CLOUDY SI S 238TH S > W < 1 �tiM1 r � i JAMES ST 14 13 3 1 Z AwC1 I • 23 24 SAM ST < • W z I SITE 80000 o I4v 11 z Z \II I.M�I H1.� : ''�.• I > yOI W I.1 ♦\Ill l�r _ - W SMITH ST 14 = Y W 1 SMITH ST - - W HARRISO I ST b .,•(•;. W HARRISON St n 1 < z z < 1 MC[RCR•♦yl ST S 7a6TH ST z W < OOwE - ST i WILLIS ` *Pd as > ' STREET W ENT wo HIS I T < LEM j INTCHG < SCH pLI ary OMc �• z G181 U w z TITu ST h . \1 4♦ IN SMR a ST • 4 • WILLIS 4 ? ST n ` z I / y f yb ..I z fire ` y I o rA z r Station ¢ 1 ` > „ > 1 Y o • 15 C / APPLICATION Name HARRIS REZONE LEGEND - Number NRZ-88-7 i)atC December 21,1988 n appliealian rile F "= Request 'V toning boundary VICINITY City limits SCALE = 111:10001 CITY OF 1S.L'NT �planninF, ^ Q GCEl El COURT I APTS. I Cl •KENT 14091LE HOME —ZV7,�TIr❑ o ,n I - • o •- •I I i ,y Cti 0 PARADISE MOBILE HOME PARK . 11 doa l l . ,,., S Two., . ee.o i RIDGEVIE'rl M14P APTS —lL: i I �I I rVI}p ee.O� ST. — it I GC �J r,..e VALLEY SaUARE C21Q IG1 o lFI .10 —lfai H t � 1 r, APPLICATION Haim HARRIS REZONE LEGEND Number #RZ-88-7 DaIC December 21, 1988 application site Requesi toning boundary ZONING/TOPOGRAPHY /SITE scALE = Zoo , HEARING EXAMINER MINUTES December 21, 1988 The public hearing of the Kent Hearing Examiner was called to order by the presiding officer, Diane L. VanDerbeek, Hearing Examiner, on Wednesday, December 21, 1988 at 3 : 00 p.m. in the Kent City Hall, Council Chambers. Ms. VanDerbeek requested all those intending to speak at the hearing and those wishing to receive information concerning the hearing, to sign in at the sign up sheet by the door. Staff reports, agendas, and the description of procedure of the hearing were available by the door. Ms. VanDerbeek briefly described the sequence and procedure of the hearing. All those who intended to speak were sworn in. HARRIS Rezone #RZ-88-7 The first item on the agenda was a public hearing to consider the request by John R. Ewing & Associates, 1314 S. Central #200, Kent, WA 98032, for a rezone from MHP, Mobile Home Park, to GC, General Commercial. The site is located on the west side of N. Washington Avenue (SR 181) , approximately 616 feet south of W. James Street. (1-82) Carol Proud, Kent Planning Department, presented the staff report. The applicant did not submit a site-specific rezone request; however, he stated in the environmental checklist that a mini-warehouse facility may be constructed on the site. Some transparencies were shown depicting 1) the location of the site and 2) existing zoning and uses surrounding the site. Ms. Proud commented that a ten foot landscaping strip would be required between this property and the mobile home park to the north. A video of the site was shown. A brief history of the site was presented. Ms. Proud discussed the criteria that must be considered when reviewing a rezone application. The staff recommendation is approval with conditions. A correction to condition A was made; it should read: " . . . .deed to the City for street purposes the easterly 17 feet of the property such that the westerly half street right-of-way width for West Valley Highway (Washington Avenue) is fifty (50) feet". Ms. VanDerbeek asked if the applicant would like to comment. (1-390) Larry Onorati, J. R. Ewing & Associates, 1314 S. Central #200, Kent, WA 98031, stated the correct size of the site is 1 Hearing Examiner Minutes December 21, 1988 65 feet x 483 .9 feet or 0.71 acres, not the 2.99 acres that was stated in the staff report. The applicant concurred with the conditions recommended by staff. There was no public testimony. The hearing closed at 3 :20 p.m. CANTERBURY SUBDIVISION Preliminary Plat #SU-88-5 The second item on the agenda was a public hearing to consider the request by Rupert Engineering, Inc. , 1501 West Valley Highway N. , #101, Auburn, WA 98002, for preliminary subdivision approval for 20 single-family residential lots. The subject property is 4 .41 acres in size and is currently zoned R1-7.2 , Single-Family Residential (minimum lot size allowed is 7,200 square feet) . (1-451) Lauri Anderson, Kent Planning Department, presented the staff report. Ms. Anderson showed some view foils depicting 1) the location of the site and 2) surrounding zoning. A brief history of the area was given. A video of the site was shown. Ms. Anderson presented a view foild which showed a schematic drawing of the proposed plat. Lots 4 , 51 71 14, and 17 do not meet the minimum width requirement. Further, the solar setback regulations would need to be met. Lots 14 and 17 will have some difficulty in meeting the solar setback requirements. In addition, with the configuration on Lot 17, a house could be located close to the intersection. Therefore, the Planning Department is requesting that the applicant either redesign Lot 17 or incorporate it into the adjacent lot and reduce the three street frontages on the internal cul-de-sac to a maximum of two. The goals, objectives and policies were discussed of the City-wide Comprehensive Plan. Planning staff is requesting that a comprehensive tree plan prior to any development on the site. The staff is recommending approval with conditions. Ms. VanDerbeek asked if the applicant would like to comment. 2 Hearing Examiner Minutes December 21, 1988 (1-820) Nigel Southey, representing applicant, stated the applicant wishes to retain a substantial amount of the woodlands and natural beauty of the site. Mr. Southey commented that one of the concerns was the designated 30 feet that should have been obtained from the property owner to the west of 100th Avenue SE at SE 248th Street; thus, the applicant was required to donate an extra 25 feet of property to the City. This donation created part of the problem with Lot 17. Further discussion with the applicant's engineers indicated the lot lines on Lot 17 could be adjusted and still meet the minimum requirements of the Code. There are no objections to the remainder of the City's conditions. (1-923) Andy Rykles, Rupert Engineering, 1501 West Valley Highway N. , Auburn, commented the subdivision map would have been submitted showing the required 30 feet he had known about it. Further, it wasn't realized there would be a problem with the triple frontage in the cul-de-sac area of Lot 17 . Mr. Rykles commented the problem with Lot 17 was caused by the requirement of an additional 25 feet from the applicant rather than from the property to the west. Mr. Rykles requested approval of the preliminary plat with the triple frontage. (1-1047) Gary Gill, Public Works Department, stated the single- family residence would not allow the street to be developed in a straight alignment. There should not be a problem with sight distance with the street. Ms. .VanDerbeek asked if there were any public comment. (1-1150) Dale Hartman, 9849 S. 245th Place, Kent, WA 98031, commented there were problems with lot lines in the area. He felt the City should survey the property in the area. Mr. Hartman commented there was a drainage problem in the area and a drainage plan should be required and implemented. Also, how far is 100th going to be developed? (1-1320) Gene Gillespie, 10116 SE 248th, Kent, WA 98031, resides to the west of the site. He wanted to know how many lots there are and what the price range of the homes will be? Further, will storm drainage be required? (1-1370) Anthony Zupen, 9928 S. 248th, Kent, WA 98031, asked if 100th will be developed all the way through. Also, is 248th going to be widened? Mr. Zupen asked if sewers will be constructed in the area. 3 Hearing Examiner Minutes December 21, 1988 There was no further public testimony. (1-1430) Mr. Gill stated that in each project, the developer is required to have the property surveyed; the survey is then submitted to the Public Works Department for review and approval. A storm drainage plan is required to be submitted and approved when the property is developed. Another requirement is the full half-street improvement of 100th Avenue SE. The street, 100th Avenue SE, would not extend past the property frontage. The north half of 248th Street is also to be improved. Further, the developer will be required to provide both sanitary sewer and water improvements to service the plat. When utility improvements are done at the expense of a private developer, the developer may require a latecomer' s agreement from the City. This would allow a developer to be reimbursed for part of his cost in extending the facilities when other property owners connect to the utility. (1-1765) Ms. Anderson commented there were 20-lots proposed; however, there could be fewer depending on a condition concerning Lot 17 were imposed and then this would be a 19-lot plat. The requirement for the 30-foot lot widths is along the cul-de-sac -• frontage. The Code requires a 70-foot lot frontage overall; one can drop to 56 feet if the average lot width reaches the 70-foot requirements. However, on a turnaround on a cul-de-sac there is not a stated minimum lot width; it has been City policy to require a 30- foot width. (1-1903) Mr. Southey commented the price range for the homes is between $120, 000 and $150, 000. (1-1945) Jeannie Hartman, 9849 S. 245th Place, Kent, WA 98031, did not understand the intention of the improvements to 100th Place SE. She wanted to know why the improvements were shown 30 feet into their property. In addition, would this development be surrounded by a fence? Ms. Hartman stated there is a blind spot on the road that needs to be considered. (1-2025) Mr. Gill stated the 30 feet on the north shown for 100th Avenue SE is incorrect. There is not an additional 30 feet; there is a total of 60 feet--30 feet on each side. Mr. Gill commented there is a blind dip in the road to the west of the intersection. This would be carefully considered when reviewing the drawings in order to alleviate the problem. Ms. VanDerbeek asked if the applicant intends to fence the project. 4 Hearing Examiner Minutes December 21, 1988 (1-2140) Mr. Southey commented that has not been decided at this time. There was no further testimony. The hearing closed at 4 : 10 p.m. RUTH/KENT EAST HILL SHOPPING CENTER Rezone #RZ-88-4 The last item on the agenda was a continued public hearing to consider the conditions recommended for the application submitted by Barghausen Engineers, Inc. , 18215 72nd Avenue S. , Kent, WA 98032, for a rezone from MRM, Medium Density Multifamily Residential, and O. Professional and Office, to CC, Community Commercial. The subject property is located on the southwest corner of 104th Avenue SE and SE 260th Street, bounded by SE 264th Street to ,the south and 100th Place SE (Crow Road) on the east. The hearing was to consider the conditions recommended by City staff only. (1-2259) Kathy McClung, Planning Department, stated the conditions recommended by the City staff were listed in the staff report written for the September 21, 1988 hearing, from the public testimony or the Hearing Examiner suggestion. Further, during the testimony one of the applicant' s representatives expressed a willingness to place some type of public art on the building. (1-2355) Jay Derr, representing applicant, stated there were no problems with the conditions as listed. Mr. Derr made some clarifications on conditions 2 , 6 and 10. A member of the public had some inquiries concerning an access shown on the site plan. Upon further discussion, it was discovered that the property in question had not been purchased by the applicant yet. It was decided that until the purchase decision was made, the driveway question could not be answered. The City would be reviewing final construction plans only. „~ 5 Hearing Examiner Minutes December 21, 1988 There was no further testimony. The hearing closed at 4 : 35 p.m. DIANE L. VANDERBEEK Hearing Examiner 6 RENT PLANNING AGENCY STAFF REPORT FOR HEARING EXAMINER MEETING OF DECEMBER 21, 1988 FILE NO: HARRIS #RZ-88-7 APPLICANT: John R. Ewing and Associates REQUEST: The applicant requests a zoning amendment to change an existing MHP, Mobile Home Park, zoning district to a GC, General Commercial, zoning district. STAFF REPRESENTATIVE: Carol Proud STAFF RECOMMENDATION: APPROVAL with conditions I. GENERAL INFORMATION A. Description of the Proposal The applicant proposes to rezone the south 64 feet of an existing MHP, Mobile Home Park, zoning district to GC, General Commercial. No development plans were submitted with the application. The applicant has indicated that a mini-warehouse facility may be constructed on the subject property and on the parcel to the south per a previously approved conditional use permit for the site (#CE-86-1) . B. Location The site is located on the west side of N Washington Street (SR 181) , approximately 616 feet south of W James Street. C. Size of Property The subject property is approximately 2.9 acres in size. D. Zoning The proposed rezone site is within an MHP, Mobile Home Park, zoning district. The adjacent tract to the north fronting N Washington Street is zoned GC, General Commercial. The adjacent property to the south is also within a GC, General Commercial, zoning district which 1 Staff Report Harris _.. #RZ-88-7 extends to W Smith Street. The property directly east of the site is designated as GC, General Commercial. Another MHP, Mobile Home Park, zoning district is located just south of the site on the east side of N Washington Street. West of the site the area is designated as MRM, Medium Density Multifamily Residential. The subject property is consistent with the development standards for a lot or parcel in the GC, General Commercial, zoning district. The site exceeds the minimum required lot size. No minimum lot width is specified in the development standards. Although the site is narrow, adequate ground is available for future development to meet the required yard setbacks and other relevant Zoning Code provisions. The applicant should note that the MHP, Mobile Home Park, zoning district is considered a residential district. Therefore, any future development must meet the applicable side yard building and landscaping setbacks for that portion of the property adjacent to the MHP, Mobile Home Park, zoning district. E. 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 concerning the future of Kent and the area within the Sphere of Interest. The Comprehensive Plan is used by the Mayor, City Council, City Administrator, Planning Commission, Hearing Examiner and City departments to guide growth, development, and spending decisions. Residents, land developers, business representatives and others may refer to the plan as a statement of the City' s intentions concerning future development. The City of Kent has also adopted a number of subarea plans that address specific concerns of certain areas of the City. Like the City-wide Plan, the subarea plans serve as policy guides for future land use in the City of Kent. The subarea plan that this area falls under is the Valley Floor. The following is a review of the City-wide Comprehensive Plan and the Valley Floor Plan as they relate to the subject property. 2 Staff Report Harris #RZ-88-7 CITY-WIDE COMPREHENSIVE PLAN The City-wide Comprehensive Plan is made up of two entities: the Comprehensive Plan Map and the written goals, objectives and policies. The Comprehensive Plan Map designates the site as C, Commercial. ECONOMIC ELEMENT OVERALL GOAL: PROMOTE CONTROLLED ECONOMIC GROWTH WITH ORDERLY PHYSICAL DEVELOPMENT, RESOURCE CONSERVATION AND PRESERVATION. GOAL 2 : Assure retail and commercial developments are in suitable locations. Objective 1: Minimize adverse physical impacts of strip commercial development. Policy 1: Encourage planned retail/commercial business development. Policy 2 : Discourage subdivision of shopping centers. Policy 3 : Restrict strip commercial development to areas already so developed. Policy 4 : Adopt and enforce regulations which will minimize the adverse impacts and unsafe conditions caused by strip development. Planning Department Comment: The proposed rezone will provide a site that will be suitable for future commercial development and consistent with existing commercial development in the area. Both of the adjacent properties to the north and south fronting N Washington Street are zoned GC, General Commercial. Those properties on the east side of N Washington are also within a GC, General Commercial, zoning district. The site is too narrow for the development of a separate mobile home park. It is not anticipated that the existing mobile home court will expand in the future. Any commercial development on the site must meet the development standards 3 Staff Report Harris #RZ-88-7 of the GC, General Commercial, zoning district. Future development must also comply with any conditions or mitigating measures imposed as a result of SEPA thus minimizing potential adverse impacts and unsafe conditions. VALLEY FLOOR COMPREHENSIVE PLAN The Valley Floor Comprehensive Plan map designates the site as C, Commercial. HOUSING ELEMENT OVERALL GOAL: INCREASE THE RESIDENTIAL POPULATION ON THE VALLEY FLOOR, ASSURING A DECENT HOME AND SUITABLE LIVING ENVIRONMENT. GOAL 3 : Assure environmental quality in residential areas. GOAL 4 : Utilization of the valley's amenities by residential population, while assuring protection from conflict with incompatible activities. Policy 1: Preserve the advantage of proximity to urban services and amenities by providing adequate road improvements, bike/pedestrian pathway, and transit connections to Kent and the park and ride lot. Planning Department Comment: Any future development on the site must provide a ten foot landscaping buffer between both the mobile home court to the north and the apartment complex to the west assuring reasonable protection from commercial activities. All vehicle access and internal circulation improvements must meet applicable City codes and standards. A pedestrian circulation plan will be addressed at the time of development. The installation of utilities and a storm drainage system will also meet applicable City codes and standards. 4 Staff Report Harris #RZ-88-7 II. HISTORY A. Site History The site was annexed into the City in 1958 as part of a 1, 100 acre annexation. The property was zoned MHR, Mobile Home Residential, in 1960 and MHP, Mobile Home Park, with the adoption of the 1973 Code. A conditional use permit authorizing the construction of a mini-warehouse facility on the south 50 feet of the site was approved in 1986. This proposal included the adjacent parcel to the south. B. Area History This area of the City has developed over the years with a mixture of residential and commercial uses. Most of the single family residences in the area have been replaced by commercial development. North Washington Street between W James Street and W Meeker is in the process of becoming a densely developed commercial corridor with multifamily residential development remaining to the west. III. LAND USE Land use in the area includes both commercial and residential. 1. A vacant single family residence is located on the subject site. 2 . The adjacent property to the south is vacant ground. A fast food restaurant is located on the next adjacent parcel. 3 . The adjacent properties to the north are developed with a mobile home court and a small commercial building on the parcel fronting N Washington Street. A car dealership is located on the southwest corner of W James Street and N Washington Street north of the site. 4. A multifamily residential development is located west of the site. 5. A restaurant/tavern is located on the east side of N Washington Street. Another mobile home court is located southeast of the site on the east side of N Washington Street. 5 Staff Report Harris #RZ-88-7 IV. ENVIRONMENTAL CONCERNS A. Environmental Assessment A final Declaration of Nonsignificance (#ENV-88-89) for the rezone proposal was issued on October 20, 1988. Any conditions or mitigating measures associated with the site will be determined at the time of future development. B. Significant Physical Features 1. Topography and Vegetation The subject property is level ground and is presently developed with a vacant single family residence and related accessory structures. The remaining ground is covered with native grasses and an occasional shrub. C. Significant Social Features 1. Street System _. The subject property has access to N Washington Street which is classified as a principal arterial. The street has a public right-of-way width of 60 feet while the actual width of paving is 50 feet. The street is improved with five lanes of asphalt paving, curb and sidewalk. The average daily traffic count on the street is 24 , 600 vehicle trips per day. 2 . Water System The site is served by a six-inch water main located along both N Washington and W Smith Streets. 3 . Sanitary Sewer System An eight-inch sanitary sewer located along N Washington Street and W Smith Street is available to serve the subject property. 4 . Storm Water System A storm water system constructed in accordance with the Kent Surface Water and Drainage Code will be required at the time of development. 6 Staff Report Harris #RZ-88-7 5. LID's There are no pending LID's for the site. V. CONSULTED DEPARTMENTS, AGENCIES AND PUBLIC 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 200 feet of the site were notified of the application and of the public hearing. Staff comments have been incorporated in the staff report where applicable. No comments or letters from the public regarding the proposal were received. VI. STANDARDS AND CRITERIA FOR A REZONE REQUEST The following standards and criteria (Kent Zoning Code, Section 15. 09. 050) shall be used by the Hearing Examiner and City Council to evaluate a request for a rezone. Such an amendment shall only be granted if the City Council determines that the request is consistent with these standards and criteria. A. The proposed rezone is consistent with the Comprehensive Plan. Planning Department Comment: As previously discussed the proposed rezone is consistent with the intent of both the City-wide Comprehensive Plan and the Valley Floor Comprehensive Plan. B. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. 7 Staff Report Harris #RZ-88-7 Planning Department Comment: Aside from the two existing mobile home courts, commercial uses are located on both sides of N Washington Street. Rezone approval would allow an in-fill of commercial development that would be compatible with surrounding development. C. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. Planning Department Comment: Any future development on the site must comply with existing City codes and standards including SEPA. North Washington Street is a principal arterial and adequately serves the site. If during the review process adverse impacts are anticipated as a result of development, appropriate mitigating measures and conditions will be required. D. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. Planning Department Comment: In the 30 years since the establishment of the original MHR and subsequent MHP, Mobile Home Park, zoning district the area surrounding the subject property has changed substantially. Intensive commercial development has occurred on both sides of N Washington Street. Multifamily residential development has occurred predominately west of the site. Single family homes in the area have been replaced by commercial development. E. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Planning Department Comment: The proposed rezone is consistent with the intent of the City- wide Comprehensive Plan, the Valley Floor Plan and meets the standards of other City Codes and Ordinances. As a result the proposal will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. 8 Staff Report Harris #RZ-88-7 VII. PLANNING DEPARTMENT REVIEW The Planning Department has reviewed this application in relation to the Comprehensive Plan, present zoning, land use, street system, flood control problems and comments from other departments and finds that: A. The City-wide Comprehensive Plan Map designates the site as C, Commercial. B. The Valley Floor Comprehensive Plan Map designates the site as C, Commercial. C. The site is presently zoned MHP, Mobile Home Park. D. The eastern portion of the property is developed with a vacant single family residence. E. The remainder of the property is undeveloped ground covered with native grasses and shrubs. F. Land use in the area is predominately commercial on both sides of N Washington Street. A mobile home court is located on the adjacent property to the north and another mobile home court is located southeast of the site. An apartment complex is located to the west. G. The subject property exceeds the minimum lot size as specified in the proposed GC, General Commercial, zoning district. H. The site has access to N Washington Street which is classified as a principal arterial. VII. CITY STAFF RECOMMENDATION Upon review of the merits of this request and the Code criteria for granting a rezone, the City staff recommends APPROVAL subject to the following conditions: A. Deed to the City for street purposes the easterly 17 feet of the property and that the westerly half street right-of-way width for West Valley Highway (Washington Avenue) is 50 feet. 9 Staff Report Harris #RZ-88-7 B. Execute a no protest LID participatory agreement for the improvement of West Valley Highway (Washington Avenue) . KENT PLANNING DEPARTMENT December 5, 1988 10 CITY or iS.L'NT planning a- 1-0 Y rt _ rt j + 167 I ' 5. 23ATH 2 . i o "'ST � m' V 1 I I . > > > < W < < < COLE ST ��J, = J z I a Z d CLOUOT St „• ,. S 230TH S + > W CLOU 1Y ST { /1 „ •' z 5 •z z JAME:S ST �4 ' 13 a I z AMES i 23 24 W i < 11 11 ' W •� SAM ST � •' i < W „ SITE �... Z < 0 -2 i aln.W n, nG� i 1 W SMITH ST 1 _ < W SMITH $T� z f z •:`Y z p z i - W HARR150 N ST 1 .SSFc 2 u �(� W HARRISON ST N 1 < z zy�. < z 2 •�W b MEEKER ST 1 S t�6TH ST 2 4 'IW z I••. ,u > 1 W < GOWE - ST - < WILLIS �i�, tPd a S > STREET W : ieM h•Ci Mal T < z Il G i n < SCH PLi ary pryic z 1e1 o O w z TITU STF ` „ z SMR i 5T A „ • WILLIS~A ? ST „ > Z 516 < < 1 j /�_�•" � W Roy ST '4 z fire •„ 1- Station > " \� If 23124 g < = APPLICATION Nauic HARRIS REZONE LEGEND Nulnber NRZ-88-7 DaIC December 21,1988 N application silo €kA Requesl ioni�g bcundary VICINITY clly Iimils SCALE = I,-:10001 CITY OF KENT • � YY`` ,�lannin� •i I: ��a Pend � 1 ^ � �� 1 : GC j* • , a..a v er� r . , C:;3 lJ QO rl D _ COURT I APTS. -CENT IMIB I LE HOI IE -- _- ---- �' ' �J I�1 �7jl�rD o , 1 sal _ Im 0 0 ii - PARADISE MOBILE HOME PARK O� T T1.1,a Per\ RIDGEVIEH APTS M 1[P I1 �i I •I 1 1 o ' as.o-mow sT. GC P.,kin o : VALLEY SJUAREJYJ �• �1 rl APPLICATION Name HARRIS REZONE LEGEND Nulnbaf.�RZ—Ba-BB-7 Dale December 21, Ieea application site (3equesl zoning boundary ZONING/TOPOGRAPHY /SITE SCALE = err: Zoo h _ Kent City Council Meeting Date February 7, 1989 Category Other Business 1 . SUBJECT: KENT HILL APARTMENTS REZONE #RZ-88-6 2 . SUMMARY STATEMENT: On January 4, 1989 the Hearing Examiner recommended conditional approval of a request by Pac-Tech Engineering, Inc. to rezone approximately 3 . 24 acres of a 6 . 48 acre site from R1-7. 21 Single Family Residential, to MF residential . The Hearing Examiner recommended MRG, Garden Density , MF Residential with the overall density of 12 . 5 units per acre . fhb site is located at the southwest corner of 108th Ave . S. E. and S. E . 260th St . 3 . EXHIBITS: Staff memo, staff report, minutes, findings and recommendation. 4 . RECOMMENDED BY: Hearing Examiner 1/4/89 . (Committee, Staff, Examiner , Commission, etc. ) 5 . EXPENDITURE REQUIRED: None SOURCE OF FUNDS : 6 . CITY COUNCIL ACTION: ,,� Councilmember�(yA moves , Councilmember seconds to adopt the findings of the Hearing Examiner, to concur with the Hearing Examiner ' s recommendation and to direct the City Attorney to prepare the rezone ordinance . DISCUSSION: ACTION: Council Agenda Item No. 4E KENT PLANNING DEPARTMENT February 2 , 1989 MEMO TO: Mayor Dan Kelleher and City Council Members FROM: Fred N. Satterstrom, Acting Planning Director SUBJECT: KENT HILL APARTMENTS REZONE #RZ-88-6 On December 7 , 1988, the Hearing Examiner held a public hearing to consider an application by Pac-Tech Engineering, Inc. to rezone approximately 3 .24 acres of a 6.48 acre site from R1-7 .2, Single Family Residential, to MRM, Medium Density Multifamily Residential. The property is located at the southwest corner of 108th Avenue SE and SE 260th Street. The Hearing Examiner recommends conditional approval of the rezone to MRG, Garden Density Multifamily Residential. The overall density of the site shall be limited to a maximum 12 .5 units per acre or approximately 80 units. The recommendation includes the following conditions: 1. The Developer shall contribute 100 percent of traffic mitigation assessment for additional trips generated by the section of land where zoning changes from single-family to multifamily is to occur. 2 . The developer shall install street lighting as determined by the Public Works Director. 3 . The developer shall install signing where required. 4 . A minimum ten-foot Type I planting strip shall be planted along the west property line. 5. Additional fire protection measures, including requiring buildings to be equipped with sprinklers, may be applied at the time of development plan review, if so determined by the Fire Department. 6. Sidewalks shall be provided along 108th Avenue SE and SE 260th Street. An internal sidewalk system shall be required connecting the perimeter walkways to the internal walkways. 7 . The applicant shall orient buildings along the perimeter of the site at an angle to the perimeter property lines. 8. The applicant shall not pipe, enclose or relocate the minor creek or pond. The minor creek, including any ponding area, must be maintained in its natural state. CA:FNS:ca FINDINGS AND RECOMMENDATION OF THE HEARING EXAMINER FOR THE CITY OF KENT FILE NO: KENT HILL APARTMENTS #RZ-88-6 APPLICANT: PAC-TECH ENGINEERING, INC. REOUEST: A request to rezone approximately 3 .24 acres of a 6.48 acre site from R1-7.21 Single Family Residential, to MRM, Medium Density Multifamily Residential. The applicant proposes to construct a 123-unit apartment development. LOCATION: The property is located at the southwest corner of 108th Avenue SE and SE 260th Street. APPLICATION FILED: April 13 , 1988 DEC. OF NONSIGNIFIANCE: October 13 , 1988 MEETING DATE: December 7 , 1988 RECOMMENDATION ISSUED: January 4 , 1989 RECOMMENDATION: APPROVAL OF THE REZONE TO MRG, MEDIUM DENSITY MULTIFAMILY RESIDENTIAL. THE OVERALL DENSITY OF THE SITE SHALL BE LIMITED TO A MAXIMUM 12 .5 UNITS PER ACRE OR APPROXIMATELY 80 UNITS. STAFF REPRESENTATIVES: Fred Satterstrom, Planning Department Kathy McClung, Planning Department Stephen Clifton, Planning Department Ed White, Public Works Department PUBLIC TESTIMONY: Jeff Mann, Pac-Tech Doug Ellis, Northwest Investors Comments Chris Grant Laurie Sundstedt Leona Orr WRITTEN TESTIMONY: None 1 Findings and Recommendation Kent Hill Apartments #RZ-88-6 INTRODUCTION After due consideration of the evidence presented by the applicant, all evidence elicited during the public hearing, and as a result of the personal inspection of the subject property and surrounding area by the Hearing Examiner, the following findings of fact and conclusions shall constitute the recommendation of the Hearing Examiner on this application. FINDINGS OF FACT 1. The applicant, Jeffery D. Mann, Pac-Tech Engineering, Inc. , requested a rezone for a development to be known as the Kent Hill Apartments. The request is for a rezone from R1-7. 2 , Single Family Residential, to MRM, Medium Density Multifamily Residential. 2 . The total site is 6.4 acres in size and consists of two zoning designations. The area which the applicant seeks to rezone is 3 .24 acres in size and located on the western portion of the site. The eastern portion of the site (also 3 .24 acres in size) is zoned MRM, Medium Density Multifamily Residential. 3 . The subject property is located at the southwest corner of 108th Avenue SE and SE 260th Street. 4 . The Comprehensive Plan designates the subject site for multiple family uses consistent with the designation for the site on the East Hill Subarea Plan Map. Both Plans suggest a density of 12 - 24 units per acre for the subject site. 5 . The subject site is primarily undeveloped except for the single family residence occupied by the owners , Alvin and Mildred Grube. Surrounding zoning includes MRM, Medium Density Multifamily Residential and O, Professional and Office, to the north. Although the land is currently vacant; MRM, Medium Density Multifamily Residential, to the east; R1-7.2, Single Family Residential, to the south; and CC, Community Commercial, to the west of the site, there's a developed shopping center immediately west of the site. There are existing single family residences both to the east across 100 Avenue SE and immediately to the south of the site. 6. The evidence establishes that the current owners purchased the property in 1947 to utilize as a cherry orchard. Mr. Grube apparently retired in 1968 and the assessed value of the land 2 Findings and Recommendation Kent Hill Apartments #RZ-88-6 has increased from $34,500 in 1977 to $335,500 in 1988. At the time of the hearing a realtor testifying on behalf of the owners indicated that as a result of the $122,000 assessment which attached to the property as a result of LID #308 the owners are constructively evicted because they cannot pay the assessment from the LID. Accordingly, a rezone is sought in order for the owner to obtain the most economically feasible use of the property. 7. Organized neighborhood opposition to the rezone testified at the time of the hearing. The evidence establishes that the proposed rezone would generate approximately 756 vehicle trips per day which will impact the intersection of 104th Avenue SE and SE 256th Street and the Kent-Kangley Road at 108th Avenue SE. Concern was expressed by the neighbors with respect to the intersection of SE 256th Street and 104th Avenue SE as this intersection already is at level of service "F". In addition, obstructed traffic flow from the Kent-Kangley Road were cited as concern when congestion which would result from the new development may prevent emergency access by fire and police departments. The neighbor also expressed concern with respect to the overcrowding of Kent schools which would result from development and environmental concerns relative to the applicant 's claim to relocate the existing creek on the site. 8. The subject site is relatively flat with some slope towards the southwest portion of the site. 9 . Currently the vegetation on the site is natural grasses and shrubs with some significant cedar trees located along the southerly boundary of the site. Some of the cedar trees are as large as 36 inches in caliper. 10. The evidence establishes that the subject property has access to 108th Avenue SE and SE 260th Street. These streets are classified as local arterials. Although there is a 60-foot right of way, 108th Avenue SE has 44 feet of paving and SE 260th Street has 24 feet of paving. As part of the traffic mitigation measures imposed through the environmental review process, a widening strip will be required along 108th Avenue SE. 11. The water and sanitary sewers are available to serve the subject site. 12 . A storm water system will be necessary to accommodate development of the property. There is an existing minor creek and pond crossing the southeast area of the site. The applicant 3 Findings and Recommendation Kent Hill Apartments #RZ-88-6 proposes to relocate the creek at approximately three-fourths of the pond in order to accommodate the construction of parking areas and buildings. The applicant indicates that the pond is 40-year-old manmade waterway although staff indicates that the creek is part of a natural drainage system. At the time of the public hearing, the applicant was asked to explain the rationale for relocation and proposed piping of the creek and pond. The applicant pointed out in written comments at the time of the public hearing that the creek enters the site through an 18-inch culvert which crosses under 108th Avenue SE. The creek then crosses the site in a southwesterly direction and enters a grated catch basin structure on the northerly property line of the multifamily development to the south. The creek then apparently continues over piped waterway through the multifamily development and subsequently continues up an open creek as it proceeds westerly from the existing multifamily development. The applicant indicates that the pond was created approximately 40 years ago by Mr. Grube for his children. With respect to the creek the applicant argues that the City has created a conflict between the approved environmental checklist and Determination of Nonsignificance and staff recommendation prohibiting the relocation and piping of the creek. The applicant argues that the mitigated Determination of Nonsignificance concludes that the proposed relocation of the creek will not create. a significant impact on the site therefore, the relocation of the creek should not be upheld by Planning staff at the time of the hearing. Planning staffs opposition to the relocation of the creek is based upon the Waterway Element of the Comprehensive Plan which seeks to provide optimum usage and preservation of these waterways through the preservation and enhancement and restoration of biotic habitats in waterways, channels, and adjacent lands. It is City of Kent policy to preserve the natural function of the waterways. Therefore, staff recommends that the piping, enclosure or relocation of the minor creek or pond should be prohibited in that the creek should be left in its natural state. 13 . Staff recommends the approval of MRM, Medium Density Multifamily Residential, zoning on this site with an overall density limited to a maximum of 12 . 5 units per acre or approximately 80 units. The applicant is requesting a density which would the allow the construction of 123 units. 14 . The evidence establishes that under existing zoning for each of the 3 . 4 parcels, 61 units could be developed on the existing multiple family zoned eastern portion of the site while 19 single family units could be built on the western single family 4 Findings and Recommendation Kent Hill Apartments #RZ-88-6 portion of the site. Accordingly, a total of 80 residential units would be permitted under existing zoning. By recommending an average density of 12.5 units per acre on the entire site, somewhat of a density shift would be permitted. However, no additional units will be recommended above and beyond those which are allowed outright under existing zoning designations. 15. As pointed out by residents in the vicinity, the 104th Avenue corridor has one of the worse emergency response times in the City of Kent. Although the construction of a new fire station on the east hill has been approved, construction of the station will not begin until next summer. Once completed the fire station will assist in lowering the emergency response time for the subject site although the evidence establishes that traffic associated with the development will probably increase the response time and lower the water pressure the Fire Department uses. 16. The staff report, with its recommendation of conditional approval, is incorporated herein by reference as though set forth in full. CONCLUSIONS 1. The City of Kent Zoning Code sets forth a series of criteria which must be established by the evidence prior to the time that a rezone can be granted. The first of these criteria is that the rezone is consistent with the Comprehensive Plan. While the Comprehensive Plan Map contained both in the City-Wide Comprehensive Plan and the East Hill Plan designates the subject site for multiple family uses, 12-24 units per acre, the goals and policies of the Plan support the maximum permitted density of up to 12 .5 units per acre suggested by the map designation. The Zoning Code, the Natural Environmental Element of the East Hill Plan and the Waterway Element of the Comprehensive Plan discourage the piping or culverting of the minor creek and pond. No other purpose other than to permit buildings to be built and land to be paved has been established for the piping, culverting, and relocation of the creek. The applicant has presented no compelling reason to permit the piping of the creek and pond. The applicant's argument concerning the alleged inconsistency between the mitigated Determination of Nonsignificance and the staff recommendation recommending that the piping of the pond be prohibited is not persuasive. In addition, the Housing Element of the East Hill Plan seeks to assure present and future East Hill residents housing that is 5 Findings and Recommendation Kent Hill Apartments #RZ-88-6 safe, offers a desirable living environment and is supported by adequate community facilities and services. A desirable living environment cannot necessarily be obtained by permitting maximum densities allowed under existing land use plans and cementing over and piping natural features such as creeks and ponds. Likewise, a decent home and suitable living environment will not necessarily be promoted by multiple family residential living which develops at the maximum density suggested under existing Comprehensive Plan Maps. 2 . The applicant for a rezone must also establish that the proposed rezone and subsequent development of the site will be compatible with the development in the vicinity. This criteria is well established by the fact that the limited density proposed will be compatible with zoning and land uses in the vicinity. 3 . Further, the applicant must establish that the proposed rezone will not unduly burden the transportation system. This criteria is established by the evidence and further by the -fact that the conditions imposed through SEPA will adequately mitigate the traffic impacts of the proposed development. 4 . The applicant must further establish that circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. Land uses in the vicinity have changed from primarily rural uses to increasing dense residential and multifamily residential uses. At the time of the public hearing, the applicant' s representative presented the argument that the financial circumstances of the owner (inability to pay the LID assessment) should somehow be considered in support of the rezone application. The undersigned has no authority to consider the owners financial circumstances in connection with the rezone request and, accordingly, has not considered the circumstances in any way. 5 . Finally, the proposed rezone must not adversely impact the general welfare of the citizens of the City of Kent. The primary impact presented is a traffic impact which appears to have been adequately mitigated. RECOMMENDATION For each of the above reasons, the recommendation of the Hearing Examiner on the requested rezone is Conditional Approval to MRG, Garden 6 Findings and Recommendation Kent Hill Apartments #RZ-88-6 Density Multifamily Residential, with the overall density of 12.5 units per acre or approximately 80 units with the following conditions: 1. The Developer shall contribute 100 percent of traffic mitigation assessment for additional trips generated by the section of land where zoning changes from single-family to multifamily is to occur. 2 . The developer shall install street lighting as determined by the Public Works Director. 3 . The developer shall install signing where required. 4 . A minimum ten-foot Type I planting strip shall be planted along the west property line. 5. Additional fire protection measures, including requiring buildings to be equipped with sprinklers, may be applied at the time of development plan review, if so determined by the Fire Department. 6. Sidewalks shall be provided along 108th Avenue SE and SE 260th Street. An internal sidewalk system shall be required connecting the perimeter walkways to the internal walkways. 7 . The applicant shall orient buildings along the perimeter of the site at an angle to the perimeter property lines. 8 . The applicant shall not pipe, enclose or relocate the minor creek or pond. The minor creek, including any ponding area, must be maintained in its natural state. Dated this 4th day of January, 1989. I • l„ DIANE L. VANDERBEEK Hearing Examiner Request of Reconsideration Any party of record who feels the decision of the Examiner is based on error of procedure, fact or judgment, or the discovery of new evidence _ _7 Findings and Recommendation Kent Hill Apartments #RZ-88-6 may file a written request for reconsideration with the Hearing Examiner no later than 14 days of the date of the decision. Reconsideration requests should be addressed to: Hearing Examiner, 220 Fourth Avenue S. , Kent, WA 98032. Notice of Right to Appeal The decision of the Hearing Examiner is final unless a written appeal to Council is filed by a party of record within 14 days of the decision. The appeal must be filed with the City Clerk and state the basis of appeal which may be errors of fact, procedural errors, omissions from the record, errors in interpretations of the Comprehensive Plan or new evidence. See Ordinance #2233 and Resolution #896 for specific information. .... 8 CITY Or hi.vT planning a.. fill CM A _ " t _� • '• �. :i u ! k ��� �!� ; 'lilt � Y i •.......•• •....• ...•. `1 ` ' _ .0 1- UZ - ...I r' m II I li ! II j 'f• J' Ijijilll III r�ll i } ly ........:............. r APPLICATION Name KENT HILL APARTMENTS LEGEND- LANDSCAPE PLAN Number Rz-88-6 Date December 7, 1988 application site Request To rezone approximately 3.24 acres of a 6.48 zoning boundary acre site from R1-7.2 to MR14 city limits SCALE CITY OF IxENT planning It 4A r% 0 t E tti .1ilp 1, l i J d t U LU zat'..f j .1 o I I t il•i .. I ]JID I,— U7 F .Z w 2EO Z N�OZ CC < < _j M L ju ... ..... ... ... APPLICATION Name KENT HILL APARTMENTS LEGEND : SITE PLAN Number RZ-88-6 Dale December 7, 1988 application silo Request To rezone approximately 3.24 acres of a 6.48 zoning boundary acre site from RI-7.2 to MR11 city limits SCALE CITY OF h�NT planning Its Ca r+ .•" � ' \.``\III� � \ '`'' � J�1 ` ^� ��-t �--1 ° d �+ o Wil / �� I 10 ll �i f/nl� ° 10 t _ �y t� - f L- r [oil ° ' APPLICATION Name KENT HILL APARTMENTS LEGEND Zoning Map Number RZ-88-1 Oat, December 7, 1988 application site -. Request To rezone approximately 3.24 acres of a 6.48 zoning boundary acre site from R1-7.2 to MRM city limits SCALE = i CITY OF hENT planning a W •", W rr�-.••.y�l N < ✓ T W SF 222ND ST FAST HILL ` CLNTLR 2 -T 1.• rh SE 252N0 • 1•Yli: ST — I• � W - ' S15 i W SE 25aTN PE �O KENT—MERIDIAN < < Z �I I=• 1Q 1�SR.HI.SCHOOL " W / n •' .. A SE 256TN ST 20 '2 30I N z s ° 23 g " ! 29 2 :.\ > • -2•. J:i •f F 4 sE 260TH ST i+ SE hl� 760T T ST 4<h 02 fY �4010 1 A N (P,nI SE R. 1. I S 2a2M0 J PI •\\ �. SCHOOOOLR r i c 71-•..''- SC 1264TH ST \ W C/TYL/M/TS az c " XSE — • \ W i WarrReserve1 ' SE 267TH ST 2 SE 2"TH n" > < SE 270TH LP� ♦ \ Pl \ SE 271ST CT z - 30 29 sE 272HO ST 31 i 32 32 .W "i SE 71TH ST al I N \ H W ' {I' APPLICATION Name KENT HILL APARTMENTS LEGEND :VICINITY MAP „•, NumberRZ-88-6 Dale December 7, 1988 application site Request To rezone approximately 3.24 acres of a 6.48 toning boundary acre site from R1-7.2 to MRbI city limits SCALE _ CITY OF KENT OFFICE OF THE LAND USE HEARING EXAMINER IN RE THE MATTER OF ) KENT HILL APARTMENTS ) ORDER EXTENDING TIME #RZ-88-6 ) THIS MATTER having come on regularly for public hearing before the undersigned Hearing Examiner on December 7, 1988, and the undersigned, having reviewed the record and file herein and deeming herself fully advised, it is now, HEREBY, ORDERED that the time for consideration of this rezone request shall be extended and the undersigned shall issue a written recommendation concerning same on or before January 4, 1989 . This extension is issued pursuant to the authority granted the undersigned in City of Kent Ordinance #2233 . Dated this 21st day of December, 1988. ANE L. VANDERBEEK Hearing Examiner HEARING EXAMINER MINUTES December 7, 1988 The public hearing of the Kent Hearing Examiner was called to order by the presiding officer, Diane L. VanDerbeek, Hearing Examiner, on December 7, 1988 at 7 : 00 p.m. in the Multipurpose Room, City of Kent Library, 232 Fourth Avenue S. , Kent, WA 98032. Ms. VanDerbeek requested all those intending to speak at the hearing and those wishing to receive information concerning the hearing, to sign in at the sign up sheet by the door. Staff reports, agendas, and the description of procedure of the hearing were available by the door. Ms. VanDerbeek briefly described the sequence and procedure of the hearing. All those who intended to speak were sworn in. KENT HILL APARTMENTS Rezone #RZ-88-6 (Stephen Clifton, Planner) A public hearing to consider a request by Pac-Tech Engineering, Inc. , 2601 S. 35th #300, Tacoma, WA 98409, to rezone approximately 3 .24 acres of a 6. 48 acre . site from R1-7.2 , Single Family Residential, to MRM, Medium Density Multifamily Residential, and construct a 123-unit apartment development. The subject property is located at the southwest corner of SE 260th Street and 108th Avenue SE. (1-1-58) Stephen Clifton, Kent Planning Department, presented the staff report. He reiterated the request. As part of the request the applicant proposes to relocate a pond and a minor creek along the southeastern corner of the property. Some view foils were shown depicting 1) location of the site; 2) surrounding zoning of the site and 3) a schematic plan of the site. A Declaration of Nonsignificance was issued. A video of the site was exhibited. The Comprehensive Plan goals, objectives and policies were discussed. According to the site plan, currently the creek crosses the site in the southeast corner. The Planning Department recommends that the pond and the minor creek remain in its existing state and not be relocated or removed. The creek is part of the natural drainage area for the east hill. The Natural Environment Element promotes the development patterns that respond to natural environments. Mr. Clifton reviewed how this plan relates to the Housing Element. 1 Hearing Examiner Minutes Kent Hill Apartments #RZ-88-6 A study has been undertaken recently to update the Housing Element of the Comprehensive. The Kent City Council has directed the Planning Department to undertake a housing study and until this study is complete an interim 20 percent reduction in multifamily housing has been imposed on all multifamily zoned land in Kent. One of the goals of the Land Use Element is to have a supply of housing units that offer a diversity in the housing supply in Kent. The potential exists to have 29-units of single family on the proposed site. Mr. Clifton reviewed the five criteria that needs to be considered for rezone request. The staff recommends denial of the request and approval of an 80-unit scenario. (1-1-375) Ed White, Assistant Traffic Engineer, commented the calculations reflect what mitigation assessments should be borne by the developer. The assessments are based on traffic that would be created by the current zoning, with that figure assessed at the 50 percent rate and the additional traffic created by the development assessed at 100 percent. Mr. White stated that with 80-units built on the site the trip generation would be 488 trips with a peak hour trip generation of 46 . There were no problems identified with the existing roadway on this development. It was felt the pedestrian access was adequate for the site. (1-1-568) Mr. Clifton commented the Kent Zoning Code requires internal circulation for any development that generates pedestrian traffic. The internal circulation requirements are usually reviewed at the development permit meeting. Ms. VanDerbeek asked if the applicant would like to comment. (1-1-585) Jeff Mann, Pac-Tech Engineering, 2601 S 35th Street, Tacoma, WA, stated the site should be zoned multifamily. However, there were difficulties with some of the conditions and density staff is recommending. A brief history of the project was presented. This site is presently designated as MF, Multifamily, in the City-Wide Comprehensive Plan. When discussing the development with the Planning and Engineering Departments, the relocation of the minor creek was requested. The Zoning Code allows for a minor creek relocation. This relocation was discussed with the Department of Fisheries and a representative from the Department viewed the site. A letter was received from the City of Kent on August 16, 1988 , requesting information regarding the relocation of the creek. Two exhibits were submitted to the record 1) a memo dated June 2 , 1988 from Marlene Ford and 2) a memo dated June 3 , 1988 from Marlene Ford. 2 Hearing Examiner Minutes Kent Hill Apartments #RZ-88-6 Ms. VanDerbeek asked what was the purpose of the minor creek relocation. Mr. Mann stated relocation of a minor creek could be done per the Zoning Code. He stated the site plan was designed with a relocation of the minor creek. The area where the creek would be located was preferable and allowed a greater open space area. It would also allow the development of the multifamily use on the site. Ms. VanDerbeek stated that if the creek wasn't relocated the open space area would be larger since the minor creek would be located in the area designed as a parking lot. Ms. VanDerbeek remarked the purpose of relocating the minor creek is not to create more open space. Mr. Mann stated that the applicant is providing up to a 100-foot wide buffer from the single family homes. Mr. Mann commented that prior to the 20 percent reduction currently in place in the City, the site could have been developed to 149 units. The project is proposed to build 123 units. He stated that 47 percent of the site would be in open space or landscaping. Mr. Mann submitted a letter with a map addressed to Pac-Tech dated August 16, 1988 to the record. Mr. Mann felt there were sufficient mitigation measures. The parking provided does meet City code. Mr. Mann discussed the site plan. Other development strategies were mentioned. (1-2-88) Doug Ellis, Northwest Investment Properties, 1912 64th Avenue W. , Tacoma, 98467, gave a brief history of the property. Mr. and Mrs. Grube have owned the property since 1947. Mr. Ellis talked about the taxes on the property and the value of the property. -Mr. Ellis felt the owners should be allowed a reasonable use of the property. There has been a modification in the uses in the neighborhood in recent years. Ms. VanDerbeek asked if there was public testimony. (2-1-94) Chris Grant, 26302 Woodland Way S. , Kent, WA 98031, entered into the record a prepared statement that was also signed by 25 neighbors (Exhibit 4) . Mr. Grant read the statement into the record. (2-1-163) Laurie Sundstedt, 24805 114th AVenue SE, Kent, WA 98031, commented that after talking with some teachers at Kent East Hill Elementary that 30 percent of the classroom turnover involved apartment dwelling families. She felt that the site should be developed for owner-owned homes, preferably at a zoning of R1-7.2, Single Family Residential. 3 Hearing Examiner Minutes Kent Hill Apartments #RZ-88-6 (2-1-175) Leona Orr, 24909 114th Avenue SE, Kent, WA 98031, felt that with the conditions of the surrounding public roads and services, this area should not be rezoned at the present time. If the rezone is approved, the staff's recommendation should be followed. No further public testimony. Ms. VanDerbeek asked for rebuttal testimony. (2-1-205) Mr. Clifton stated the City was concerned about the school issues; however, there are no techniques available to apply conditions or collect fees to mitigate the problem. In regard to the traffic circulation concerns, the City's recommendation would reduce the trips generated under the current zoning. The stream relocation request was for placement of paving, parking and buildings. This relocation would allow the developer to build 123- units on the site. Ms. VanDerbeek asked if a separate SEPA checklist was prepared for the creek relocation? Mr. Clifton commented there was an expanded checklist addressing the creek relocation. The staff requests that condition 7 be retained rather than deleted as requested by the applicant. Mr. Clifton pointed out these SEPA conditions are not final because, in this instance, more conditions may be added. Ms. VanDerbeek asked if, in reference to Condition #7, the Planning staff was relying solely on the goals and policies contained in the Human Element of the East Hill Plan to promote the condition? Mr. Clifton stated the Planning staff felt that a slight angle would promote better visual relief of the site. The Human Service Element was the only support for this request. Ms. VanDerbeek requested a further explanation of the applicant' s request to relocate the creek. (2-2-37) Mr. Mann stated that the a DNS with mitigating conditions was signed by the SEPA Official. The relocation of the creek was approved by the SEPA official and now, the staff report is requiring that it not be relocated. Mr. Mann commented that the SEPA official, representing the City, approved the relocation, and the relocation was mitigated. The Zoning Code contains information concerning the relocation of a minor creek. 4 Hearing Examiner Minutes Kent Hill Apartments #RZ-88-6 Ms. VanDerbeek asked what was the purpose of relocating the creek. Mr. Mann replied that the applicant is improving 108th Avenue SE. This would be an appropriate place for an egress/ingress point. Mr. Mann cited several factors on why this property should be developed as multifamily; i.e. , located next to a shopping center, designated as multifamily, has two arterials on the north and east boundary, and multifamily to the south. Mr. Mann commented on the Public Works Departments conditions for the project. He felt the conditions required for the proposed project would mitigate the trips and that having less units with lesser trips were not considered when the conditions were proposed. Ms. VanDerbeek commented the conditions would mitigate the traffic increase but would not eliminate the increased traffic. Mr. Mann felt the proposed traffic conditions considered the general welfare of the City. Mr. Mann submitted a letter to the record (Exhibit 5) . to Diane VanDerbeek from himself. (2-1-363) Mr. Clifton submitted to the record (Exhibit 6) the proposed wording for a condition disallowing the relocation of the minor creek. (2-1-377) Mr. Mann commented the City has reviewed the minor creek relocation proposal. The Public Works Department does not have a problem with the proposed project as shown or with the minor creek relocation. The proposed condition is inconsistent with the Public Works Department conditions on this project. (2,1-423) Fred Satterstrom, Planning Department, commented if SEPA was the ultimate authority in the land use process, the decisions made on any application would be deferred to SEPA decision makers. However, the SEPA process and this request are two separate permit processes. SEPA allows the City to look at the environmental impacts of a proposed development. However, when the actual development plans are submitted and a formal request made for a development, the project is then closely scrutinized and, if needed, further conditions are applied. There was no further testimony. The hearing closed at 9 : 20 p.m. i DIANE L. VANDERBEEK Hearing Examiner 5 KENT PLANNING AGENCY STAFF REPORT FOR HEARING EXAMINER MEETING OF DECEMBER 71 1988 FILE NO: KENT HILL APARTMENTS #RZ-88-6 APPLICANT: Jeffery D. Mann - Pac Tech Engineering, Inc. REQUEST: A request to rezone approximately 3 .24 acres of a 6.48 acre site from R1-7. 2, Single Family Residential to MRM, Medium Density Multifamily Residential . The applicant proposes to construct a 123-unit apartment development. STAFF REPRESENTATIVE: Stephen Clifton, Planner STAFF RECOMMENDATION: APPROVAL OF THE REZONE TO MRG, MEDIUM DENSITY MULTIFAMILY. THE OVERALL DENSITY OF THE 6.48 ACRE SITE SHALL BE LIMITED TO A MAXIMUM 12. 5 UNITS PER ACRE OR APPROXIMATELY 80 UNITS. I. GENERAL INFORMATION A. Description of the Proposal The proposed project includes the construction of eleven buildings (123 units of multifamily development) , recreation area, swimming pool and central office. The location of 76 units in two-story buildings will be placed along the perimeter of the site, while 47 units in two and three-story buildings are located in the center of the site. The applicant also proposes to relocate a pond and minor creek which flows through the site along the southeastern corner of the property. Off-street parking will be provided for 243 vehicles. The primary access points to the site will be from 108th Avenue SE and SE 260th Street. Trip generation figures have been estimated at approximately 756 vehicle trips per day. Major impacts to the street system would occur, including impacts to the intersection of 104th Avenue SE and SE 256th Street and Kent-Kangley and 108th Avenue SE. The Level Of Service (LOS) of the SE 256th Street and 104th Avenue SE intersection is currently at level "F" . 1 i "taff Report ...,:ent Hill Apartments #RZ-88-6 Approximately 55 percent of the site will be covered by an impervious surface; 31 percent asphalt paving and 18 percent building coverage. Landscaping will account for roughly 18 percent of the site, including a large open space in the center of the site and a 20 foot buffer along 108th Avenue SE and SE 260th Street. B. Zoning The site has two zoning designations. The east 3 .24 acres of the site is zoned MRM, Medium Density Multifamily Residential, while the west 3 . 24 acres is zoned R1-7. 2 , Single Family Residential. Surrounding zoning includes: MRM, Medium Density Multifamily Residential, and O, Professional and Office, to the north; O, Professional and Office, to the east; MRM, Medium Density Multifamily Residential, and R1-7.2 , Single Family Residential, to the south, and CC, Community Commercial, to the west of the site. f C. Location ; The property is located at . the southwest corner of 108th Avenue SE and SE 260th Street. D. Size of Property The property is approximately 6.48 acres in size E. Site History The subject site was annexed to the City in 1978. The zoning established by the City is the existing zoning of R1-7 .21 Single Family Residential, for the east half of the site and MRM, Medium Density Multifamily, for the west half. F. Area History The East Hill area, in the past, has been primarily rural pasture, orchard and farmland with a mixture of suburban residential areas. Much of the open space and rural character remains within the city, especially in the outlying areas. The land directly north of the subject property is vacant while the land to the west has been developed into a suburban shopping center as has much of the land along 104th Avenue SE. 2 Staff Report Kent Hill Apartments #RZ-88-6 The land due east across 108th Ave SE has been developed as single family homes, and another home is located to the south of the east half of the site. Apartment development in the East Hill area first occurred in the late 19601s. During the last five years, apartment development has dramatically increased within the City of Kent particularly on the East Hill. An apartment complex, is located to the south of the west half of the site. G. Land Use The subject site is primarily undeveloped with the exception of one single family residence located near the north central area of the site. The site is bounded on two sides by City streets, SE 260th street to the north, 108th Avenue SE on the east. Land is vacant to the north. Apartments and a single family residence are located to the south and a shopping center is located immediately west of the site. Single-family residences exist east across 108th Avenue S .E. II. ENVIRONMENTAL CONCERNS A. Environmental Assessment A Mitigated Determination of Nonsignificance was issued October 13 , 1988 for the proposed rezone with the following conditions: 1. The developer of the Kent Hill Apartments shall do a traffic study to identify all traffic impacts upon the City of Kent road network and traffic signal system. The study shall identify all intersections at level of service "E" or "F" or which will be 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 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. 3 Staff Report :ent Hill Apartments _$RZ-88-6 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 due to the Kent Hill Apartments development. A. The developer shall execute an environmental mitigation agreement to participate and pay the development's share of the cost to construct the South 272nd/277th Street corridor project. The agreement shall reflect the Developer' s financial obligation therefor based on the number of peak hour trips entering and leaving the site which are not mitigated by other means as compared to the capacity of the South 272nd/277th Street corridor. The execution of this agreement will serve to mitigate traffic impacts to the above mentioned intersections and road system by committing funding for the South 272nd/277th Street corridor which will provide additional capacity for traffic volumes within the area of the mentioned development. 2 . The developer shall execute a signal participation agreement for the future construction of a traffic signal at the intersection of Kent-Kangley and 108th Avenue SE. 3 . The Developer shall either reconstruct and widen the West half of 108th Avenue SE for the entire property frontage thereon to collector standards (18 feet in width as measured from the center line of 108th Avenue SE with curb and gutter, cement concrete sidewalks, street lighting, storm drainage, two-inch thick asphalt overlay and widen the east half of 108th Avenue SE to provide a 12-foot lane width) OR in lieu thereof widen 108th Avenue SE to a width of 24 feet for the entire frontage thereon and overlay same with two-inches of class "B" asphalt pavement and provide adequate shoulder for pedestrian traffic on the west side of the street. Also, execute a no- protest LID covenant for the future widening and 4 Staff Report Kent Hill Apartments #RZ-88-6 4. improvement of 108th Avenue SE to collector standards including curb, gutter, sidewalk, street lighting, storm drainage, etc. 4 . The developer shall deed to the City for street purposes that portion of the property which lies easterly and northerly of a line which begins at a point on the easterly property line that lies 60 feet south of the easterly projection of the northerly property then projecting northwesterly therefrom to a point lying on the easterly projection of the northerly property line a distance of 9 .5 feet from the northerly projection of the easterly property line. 5. The developer shall not pipe or enclose the minor creek or pond. The minor creek, including any ponding area, must be maintained in its natural state. The minor creek and/or pond may be relocated. Should the creek and/or pond be relocated, the developer shall revegetate the banks or the relocated creek and/or pond with native vegetation. 6. Provide biofiltration of on-site storm water prior to discharging into the City's system. 7 . Provide an as-built survey of the minor creek and pond and conduct a storm analysis to determine the capacity constraints, if any, and make necessary improvements. 8 . Grant to the City necessary easements for conveyance and maintenance of said minor creek and pond. 9 . All impervious surfaces shall be set back a minimum of 25 feet from the minor creek and associated ponding area. B. Significant Physical Features 1. Topography and Hydroloay Relatively gentle slopes drain the east half of the site toward the southwest area of the site. 5 Staff Report ent Hill Apartments "IRZ-88-6 2 . Vegetation Vegetation on the site consists of natural grasses and shrubs. The heaviest vegetation exists along the southerly boundary of the site consisting of significant cedar trees (some measuring 36" in caliper) , tall shrubs and grasses. An updated tree plan showing the relationship of trees to the proposed site plan has been provided to staff. C. Significant Social Features 1. Street System The subject property has access to 108th Avenue SE and SE 260th Street which are classified as local arterials. The streets have a right-of-way width of 60 feet while only 44 and 24 feet respectively are paved. A widening strip will be required along 108th Avenue SE. Additional improvements required for this project are outlined in the Determination of Nonsignificance. 2 . Water System An existing 8-inch water main line is available to serve the subject property. 3 . Sanitary Sewer System Sanitary sewer lines are available to serve the subject property. An existing 8-inch sewer main line is located in SE 260th Street adjacent to the property. 4 . Storm Water System A storm water system will be necessary to accommodate development of the property. Storm drainage will be addressed at the time of development submittal to the City of Kent. A biofiltration system will be required as a DNS condition in accordance with a recently adopted state Department of Fisheries policy. 5. LID' s The subject property is covered by LID 308 , with no other proposed LID at this time. 6 Staff Report Kent Hill Apartments �. #RZ-88-6 III. ANALYSIS The purpose of this report is to analyze and discuss the merits, i.e. appropriateness, of the proposed rezone of 3 .24 acres of the subject property from R1-7 . 21 Single Family Residential, to MRM, Medium Density Multifamily Residential. An analysis of the East Hill Plan's and City-wide Comprehensive Plan's goals, objectives and policies will provide some basis for this evaluation. CITY-WIDE COMPREHENSIVE PLAN AND EAST HILL PLAN The City of Kent first adopted a City-wide Comprehensive Land Use Plan in 1969 . The Comprehensive Plan is made up of two basic sections; the goals, objectives and policies making up one section and the land use map making the other. The goals, objectives and policies of the Comprehensive Plan represent an expression of community intentions and aspirations concerning the future of Kent and the area within the Sphere of Interest. The Comprehensive Plan is used by the Mayor, City Council, City Administrator, Planning Commission, Hearing Examiner and City departments to guide growth, development, and spending decisions. Residents, land developers, business representatives and others may refer to the plan as a statement of the City' s intentions concerning future development. The City of Kent has also adopted a number of subarea plans that address specific concerns of certain areas of the City. Like the City-wide Plan, the subarea plans serve as policy guides for future land use in the City of Kent. As mentioned earlier, the East Hill Plan, adopted in September 1982 , is a supplement to the City-wide Plan. A. Land Use Designations The Comprehensive Plan Map designates the subject property as MF, Multifamily, while the East Hill Subarea Map designates the subject property MF-241 Multifamily 12 to 24 units per acre. The East Hill Plan states that the MF-24 (12 to 24 units per acre) designation is intended to provide areas for the development of apartments, condominiums, townhouses and row houses. But, this is only if the applicant can show that the proposal adheres to the collective goals and policies of East Hill Plan. Following is an analysis of the proposed rezone proposal as it relates to the elements of the City-wide Comprehensive Plan and East Hill Plan goals, objectives, and policies. 7 Staff Report ,..,,.,ent Hill Apartments #RZ-88-6 NATURAL ENVIRONMENTAL ELEMENTS EAST HILL PLAN OVERALL GOAL: PROMOTE ORDERLY DEVELOPMENT PATTERNS WHICH RECOGNIZE AND RESPOND TO THE NATURAL ENVIRONMENT AND THE FUNCTIONING OF NATURAL SYSTEMS. GOAL 1: Preservation and enhancement of the natural qualities that make the East Hill area an attractive place in which to live. Objective 1: Promote development that utilizes significant natural features to enhance development character and preserve natural amenities. Objective 2 : Consider natural and physical assets and liabilities including but not limited to topography, natural drainage, vegetation, (emphasis added) views, amenities and access when making decisions concerning the type and intensity of land use. Policy 2 : Base approval of proposed uses adjacent to sensitive natural areas (streams, . lakes, wetlands) upon demonstration of compatibility with and maintenance of the natural functions of these areas. GOAL 3 : A water quality management program that protects the East Hill ' s water resources and recognizes the varied uses and important benefits these resources provide. Objective 1: Recognize, protect and promote beneficial uses of the East Hill ' s water resources. Policy 2 : Require building setbacks, limits on vegetation removal and other appropriate design and construction controls for development adjacent to streams, lakes and wetland areas to protect water quality, minimize erosion and sedimentation, and preserve natural drainage (emphasis added) and wildlife habitat. 8 Staff Report Kent Hill Apartments #kRZ-88-6 CITY-WIDE COMPREHENSIVE LAND USE PLAN WATERWAYS OVERALL GOAL: PROVIDE OPTIMUM USAGE AND PRESERVATION OF THE CITY'S WATERWAYS. GOAL 1: To permit optimal usage of the City's waterways for fish, wildlife habitat, general recreation and aesthetic enjoyment. .Objective 2 : Preserve and enhance and restore biotic habitats in waterways, channels and adjacent lands. Policy: Preserve the natural functions of the waterways. Planning Department Comment According to the site plan submitted and field observations, an existing minor creek and pond crosses the southeast area of _. the site. The applicant proposes to relocate the creek and approximately three-fourth' s of the pond to accommodate construction of parking areas and buildings. Relocation of the creek and pond will require removal of a substantial amount of vegetation. Although the applicant states that the pond is a 40-year old manmade water way, it is now and has been a part of the natural drainage system. The Planning Department staff recommends that the pond and minor creek remain in its existing state and not be relocated or allow the removal of the surrounding vegetation for the following reasons: Creeks, streams, and wetlands have become increasingly important to the City of Kent. The minor creek which flows through the site in a southwest direction, acts as a natural storm water detention system. The policies of the Natural Environment were created to promote development patterns that respond to the natural environment and functioning of natural systems, not eliminate or radically alter them. Maintaining the pond and/or minor creek, and retaining the vegetation surrounding the area, meets the goals and policies of preserving the quality of environmentally sensitive areas. This is in addition to preserving the important functional benefits which they 9 "taff Report .gent Hill Apartments WRZ-88-6 provide including storm water runoff management, and other drainage functions. HOUSING ELEMENT EAST HILL PLAN OVERALL GOAL: ASSURE PRESENT AND FUTURE EAST HILL RESIDENTS HOUSING THAT IS SAFE, OFFERS A DESIRABLE LIVING ENVIRONMENT, AND IS SUPPORTED BY ADEQUATE COMMUNITY FACILITIES AND SERVICES. GOAL 1: Residential development that is related to the availability of community facilities and services. Objective 1: When making decisions concerning land use, considering the adequacy of and impact upon roads and other public facilities and services including utilities, police and fire protection, public transportation, schools and parks. CITY-WIDE COMPREHENSIVE LAND USE PLAN OVERALL GOAL: INCREASE THE RESIDENTIAL POPULATION IN KENT, ASSURING A DECENT HOME AND SUITABLE LIVING ENVIRONMENT FOR FAMILIES DESIRING TO LIVE IN KENT. GOAL 1: Preserve and expand existing residential neighborhoods situated close to necessary public facilities and services. Policy 4 : Permit and encourage medium and high density residential development, but only as the necessary services are available. Planning Department Comment Please see Public Facilities and Services Element Planning Department Comment on page 18 which relates to this objective. EAST HILL PLAN GOAL 2 : Development patterns that promote residential quality and provide diverse housing opportunity. Objective 1: Promote flexible residential development approaches to: 10 Staff Report Kent Hill Apartments #RZ-88-6 b) Enhance residential development character through retention of open space and sensitive natural features (streams, lakes, wetlands, steep slopes) . Policy 2 : The East Hill Plan Land Use Map will serve as a general guide for future development of the East Hill. Flexible residential development means that specific development proposals at densities somewhat higher than shown on the Land Use Map may be appropriate on certain sites where natural features are preserved and adectuate buffering of low density development is provided (emphasis added) . Objective 2 : Decisions concerning land use designations and development proposals shall consider surrounding residential land uses and mitigating measures necessary to minimize potential conflicts. Policy 1: Require separation between residential and nonresidential areas and between adjacent lower and higher density residential areas through landscaping, building placement. location of off street parking, traffic control and other measures. CITY-WIDE COMPREHENSIVE PLAN GOAL 4 : Assure environmental quality in residential areas. Objective 2 : Preserve and maintain as much of the natural environment as possible. Policy 2 : Require site design to utilize the natural features. Planning Department Comment As stated in the Natural Environmental Element, it is important to preserve the natural drainage function and existing vegetation due to the public benefits which they provide including storm water runoff management, and other drainage functions. 11 Staff Report ,_ ,'ent Hill Apartments #RZ-88-6 Directly to the south of the east half of the site, the land is zoned R1-7.2_, Single Family Residential. The preservation of the pond and minor creek in its existing state would meet the policy of separating higher density from lower density residential. The open space and natural area left by the retention of the pond and creek would provide a buffer between the proposed higher density multifamily area and single family zoned area. EAST HILL PLAN GOAL 2 : Development patterns that promote residential quality and provide diverse housing opportunity. CITY-WIDE COMPREHENSIVE LAND USE PLAN GOAL 3 : Assure an adequate and balanced (emphasis added) supply of housing units offering a diversity of size, densities, age, style and cost. Objective 2 : Encourage the production of a variety of new dwelling units. Planning Department Comment In response to direction from the Kent City Council, the Kent Planning Department is undertaking a study to update the Housing Element of the City's Comprehensive Plan. Until the study is completed, an interim 20 percent reduction in multifamily densities is in place in the Kent Zoning Code. The housing study will be comprised of two phases. Phase 1 involves a review of housing policies that enhances protection of single-family neighborhoods, housing availability and special needs housing opportunities. Phase 2 will involve an area-by-area analysis of East Hill, West Hill and the Valley Floor. The study will look at site-specific factors such as land supply, transportation efficiency, housing costs, and environmental suitability. Changes to the Comprehensive Plan and Zoning Map are expected as a result of this study. Although the Comprehensive Plan Map shows Multifamily and the East Hill Plan Map shows MF 24 (Multifamily 12 to 24 units per acre) , the Kent Planning Department feels it would be inappropriate at this time to allow the rezoning of any land to Multifamily which would complicate the current housing 12 Staff Report Kent Hill Apartments #RZ-88-6 study. However, the Planning Staff does recommend to limit or reduce the density allowed on the existing MRM zoned land while increasing the density allowed or rezoning the existing Single- family zoned land. The rationale behind this recommendation is as follows: Using the existing zoning classification for each 3 . 24 acres of land, approximately 61 units could be developed on the MRM, Medium Density Multifamily Residential, zoned land and 19 on the R1-7. 2 , Single Family Residential, zoned land for a total of 80 residential units. By allowing an average of 12 . 5 units per acre for the entire 6. 48 acre site, we are allowing a density shift but allowing no more units than if the two zones were developed separately. This new density would fall within the East Hill Map designation of 12 to 24 units per acre. During the growth and development of a community, changes occur that affect the quality of life and the liveability of an area. On the negative side, traffic congestion, loss of open space, removal of vegetation, and haphazard development (emphasis added) impacts the character of an area. The Planning staff feels that, by allowing the site to be developed as proposed would be detrimental to the overall goals of the City Council 's authorized housing study. A decrease from the proposed 19 units per acre to the recommended 12 . 5 units per acre would allow for an improved site layout sensitive to the natural elements and features, resulting in the preservation of the minor creek, pond and surrounding vegetation including the significant cedar trees on site. A revised site plan could also orient the buildings at an angle to the streets as opposed to parallel . This tends to visually minimize the impact large massive buildings have on adjacent property owners, in particular the single family homeowners to the east of the site. If the rezone approval is granted, the following condition should be applied: 1. The overall density of the 6. 48 site shall be limited to a maximum of 12 . 5 units per acre or 80 units total. 13 ^taff Report ,,,gent Hill Apartments #RZ-88-6 CITY-WIDE COMPREHENSIVE PLAN CIRCULATION ELEMENT OVERALL GOAL: ESTABLISH A BALANCED, SAFE AND EFFICIENT TRANSPORTATION SYSTEM FOR ALL MODES OF TRAVEL. Planning Department Comment Upon reviewing the environmental checklist for the Kent Hill Apartments, the City of Kent has determined that the proposed development will cause additional congestion at the intersections of SE 256th Street and 104th Avenue SE and Kent- Kangley and 108th Avenue SE. One Hundred Eighth is a substandard roadway and pavement condition is poor. The current average daily traffic (ADT) on Kent-Kangley is 24,700 vehicles and 14 , 400 vehicles on SE 256th Street. The proposed development will add an estimated 756 daily trips to the area. The site will add 83 new pm peak hour trips to the existing 2 , 470 pm peak hour trips on Kent-Kangley and 1,400 pm peak hour trips on SE 256th Street. The impact on the intersection of SE 256th Street and 104th Avenue SE occurs mainly in the pm peak hour. The current level of service is "F" . Conditions have been added to the DNS in order to mitigate traffic impacts of this project. In addition, the following condition is recommended: 5. The developer shall contribute 100 percent of traffic mitigation assessment for additional trips generated by the section of land where zoning changes from single- family to multifamily is to occur. EAST HILL PLAN TRANSPORTATION ELEMENT OVERALL GOAL: ESTABLISH A BALANCED, SAFE AND EFFICIENT TRANSPORTATION SYSTEM LINKING THE EAST HILL WITH INTERNAL AND EXTERNAL HOUSING, EMPLOYMENT, SERVICE AND RECREATIONAL OPPORTUNITIES. THE TRANSPORTATION SYSTEM SHOULD BE DESIGNED AS BOTH A MULTI-MODAL AND A MULTI-PURPOSE SYSTEM THAT CAN BE ECONOMICALLY IMPLEMENTED THROUGH THE JOINT EFFORTS OF LOCAL JURISDICTIONS, THE STATE AND TRANSPORTATION PROVIDERS. 14 Staff Report Kent Hill Apartments #RZ-88-6 GOAL 1: A transportation system that is designed to protect the safety of its users. Objective 1: Provide a system of walkways, bikeways and roads that are designed to ensure the safety of pedestrians. Policy 2 : Increase safe access for cyclists and pedestrians by providing sidewalks or paved shoulders in developed areas and requiring that sidewalks or paved shoulders be provided as part of new development. CITY-WIDE COMPREHENSIVE PLAN CIRCULATION ELEMENT GOAL 2 : Assure safe, convenient pedestrian movement within and through Kent. Objective 2 : Provide a network for safe, convenient pedestrian movement throughout the City. Policy 2 : Sidewalks and adequate lighting should be installed along all public roads. Policy _3 : Provide pedestrian trafficways within retail trade areas. Planning Department Comment According to the site plan submitted for this rezone, no internal or external walkways are indicated. Kent Zoning Code 15. 09 . 010 (4) requires that pedestrian circulation systems become a part of any development plan when the proposed development will generate or attract pedestrians. The applicant has not met this requirement. If the rezone approval is granted, the following conditions should be applied: 1. The developer shall install street lighting. 2 . The developer shall install signing where required. 3 . Sidewalks shall be provided along 108th Avenue SE and SE 260th Street. An internal linkage system shall also 15 Staff Report ,._,.:ent Hill Apartments #RZ-88-6 be installed connecting the perimeter walkways to the interior walkways. HUMAN ENVIRONMENT ELEMENT EAST HILL PLAN OVERALL GOAL: ENHANCE, THROUGH GOOD DESIGN, THE AESTHETIC QUALITIES OF THE NATURAL AND MANMADE ENVIRONMENT TO PROMOTE THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY. GOAL 1: Developments shall be designed in harmony with the suburban/rural character of the East Hill. Objective 2 : Discourage development that would result in continued sprawl and disjointed growth. Policy 1: Establish zoning and site plan design criteria that will assure a smooth transition between land use of varied intensity and scale. GOAL 2 : Development that will preserve, maintain and enhance East Hill ' s natural and manmade environments. Objective 2 : Promote quality design in structures and landscaping that reflects a strong consideration of the natural as well as the manmade environment. CITY-WIDE COMPREHENSIVE PLAN OVERALL GOAL: ASSURE KENT RESIDENTS AN AESTHETIC AND HEALTHFUL ENVIRONMENT. GOAL 1: Maximize the aesthetic qualities of Kent' s natural and manmade environments. Planning Department Comment During the first part of 1988 , a Multifamily Transition Zone Ordinance was created and added to the Kent Zoning Code. The purpose of the Transition Area requirements is to mitigate potential adverse impacts of multifamily development on adjacent uses and to minimize impacts of abutting streets on multifamily occupants. While these requirements are designed 16 Staff Report Y.. Kent Hill Apartments #RZ-88-6 to provide a buffer between multifamily districts and abutting streets, sometimes this is not enough. Other measures can be used as well such as orienting buildings to form an angle between the building and street line or adjacent development. This helps to minimize the imposing nature of elongated, massive building facades which run parallel with street frontage. With the East Hill Plaza shopping center located immediately to the west of the site, additional conditions such as requiring extensive landscaping should be established to help mitigate the adverse views residents of the apartment complex will have. If the rezone approval is granted, the following condition should be applied: 1. A minimum ten foot, Type I planting strip shall be planted along the west property line. 2 . The applicant shall orient buildings along the perimeter of the site at an angle to the perimeter property lines. PUBLIC FACILITIES AND SERVICES ELEMENT EAST HILL PLAN OVERALL GOAL: ESTABLISH A PLANNED AND COORDINATED SYSTEM OF PUBLIC FACILITIES AND SERVICES FOR EAST HILL THAT PROTECTS THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY. THE PUBLIC FACILITIES AND SERVICES FOR EAST HILL SHOULD BE COST EFFECTIVE TO IMPLEMENT AND MAINTAIN AND SHOULD PROMOTE IN-FILL AND PHASED DEVELOPMENT FROM EXISTING DEVELOPED AREAS. Goal 5: Coordinate fire, emergency medical and police services which will assure the health, safety and protection of East Hill citizens and their property. Objective 1: Assure that response times do not exceed five minutes for fire calls and four minutes for emergency medical calls. Policy 1: Maintain adequate staffing and equipment levels to assure good response to secondary fire and emergency medical calls. 17 taff Report -scent Hill Apartments #RZ-88-6 Planning Department Comment It is important to ensure that public facilities and services are available or will be available to support development at proposed densities. The Benson (104th Avenue) corridor has one of the worst response times in the City. The Fire Department' s current ability to deliver emergency services is seriously impaired given existing staff and resources. Currently the fire response time to the subject property is 5.7 minutes, based on 109 calls in 1987 . The traffic associated with development would further increase response times and present significant demands and pressure for service from the Fire Department. By reducing the density from the proposed 19 units per acre to 12 .5 units per acre, the impact on Kent's Fire and Police Departments would be reduced. Given the current response situation and projected increase in response time, it is critical that additional fire protection (including providing sprinklers for buildings under 12, 000 square feet) be required beyond what the Uniform Fire Code requires. This determination can be made by the Fire Chief during final- review of the construction documents. It should be noted that the City is building a new fire station on the East Hill. Construction of the station will probably begin next summer. Once completed and staffed, this fire station will help to lower emergency response times in the East Hill area, including the subject site. If rezone approval is granted, the following condition should be applied to reduce the impact to emergency response time: 1. Additional fire protection measures, including requiring buildings to be equipped with sprinklers, may be applied at the time of development plan review, if so determined by the Fire Department. IV. 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 18 Staff Report �. Kent Hill Apartments #kRZ-88-6 Parks & Recreation Director Fire Chief Building Official City Clerk In addition to the above, all persons owning property located within 200 feet of the site were notified of the application and of the public hearing. Staff comments have been incorporated in the staff report where applicable. V. PLANNING DEPARTMENT REVIEW The Planning Department has reviewed this application in relation to the Comprehensive Plan, present zoning, land use, street system, drainage problems and comments from other departments and finds that: A. The East Hill Comprehensive Plan Map designates this area as MF-24 , Multifamily (12-24 units per acre) and the City-wide Comprehensive Land Use Map as MF, Multifamily. B. The site is presently zoned MRM, Medium Density Multifamily Residential, for the west half and R1-7 . 2, Single Family Residential, for the east half. C. A majority of the site remains undeveloped. There is a single family residence located along the north central area of the site. D. The site is bounded on two sides by city streets, SE 260th Street along the north edge and along 108th Avenue SE on the east. Land is vacant to the north. There are existing apartments and single family residences to the south and a shopping center to the west of the site. Existing single- family residences are located to the east across 108th Avenue SE. E. The nearest major intersection from the site is at SE 256th Street and 104th Avenue SE. This intersection is currently at level of service "F" . F. Fire and emergency response time is one of the highest in the city at an average of 5.7 minutes. G. No flooding problems presently occur on this site. A minor creek flows through the site in a southwest direction and acts 19 staff Report went Hill Apartments #RZ-88-6 as a major drainage course for the area. An existing pond on the site also acts as a natural storm water detention system for the area as well. H. The property is vegetated with approximately five trees of 6-inch caliper or greater. These are predominantly Cedar trees with the heaviest vegetation occurring along the southern property line. I. The following standards and criteria shall be used by the Hearing Examiner and City Council to evaluate a request for rezone. Such an amendment shall only be granted if the City Council determines that the request is consistent with these standards and criteria. The staff has responded to these statements and made the following findings: 1. The proposed rezone is consistent with the Comprehensive Plan. Planning Department Finding w. The Comprehensive Plan is comprised of goals, objectives, and policies coupled with land use designations on the Comprehensive Plan and Subarea maps. The proposed rezone request to multifamily density would be consistent with land use designations of the Comprehensive Plan Map and the East Hill Plan Map. Policies of the Comprehensive Plan and East Hill Subarea Plan address the need to buffer commercial and residential areas. The conditions applied as part of this approval would provide buffers between proposed commercial development and the existing residential uses located to the east. Both the East Hill and City-wide Comprehensive Plans goals and policies which are in conflict with the proposed development are ones which relate to site design and the insensitivity to natural features and elements, reduction in public services, compatibility between uses, pedestrian safety and circulation, and the current Housing Study. Conditions have been applied if approval is granted which will retain the minor creek and ponding area and significant vegetation on site, and address the issues mentioned in the previous paragraph. 20 Staff Report Kent Hill Apartments #RZ-88-6 2 . The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. Planning Department Finding The existing zoning to the east of the site is O, Professional and Office and single-family housing is located across 108th Avenue SE. A single family home exists just south of the site. The impact to this home could be lessened by requiring that no development be allowed on the southeastern portion of the site . A ten-foot Type I landscape strip has been recommended as a condition of approval which should help to lessen the visual and noise impacts from the adjacent shopping center to the west. Recommending that the density of the project be reduced from the proposed density will also allow for an improved site layout which is more sensitive to natural features and the surrounding area. _. 3 . The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. Planningt Department Finding The proposed project as submitted will greatly impact the intersection of 256th Street and 104th Avenue SE keeping the level of service "F" . Mitigating conditions have been applied to help mitigate this adverse impact. 4 . Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. Planning Department Finding The Planning Department is not aware of any change which would warrant the proposed rezone. As mentioned previously, a 20 percent density reduction has been applied to all new multifamily developments. In the interim, a housing study is currently underway with a prime directive of determining where density reductions could take place. The Planning Department recommends a condition limiting density for the entire site which would match the developable density under the existing 21 7taff Report _. <ent Hill Apartments #RZ-88-6 zoning. This would require imposing a limit of units on the MRM, Medium Density Multifamily Residential, property to 12 .5 units an acre, while allowing the R1-7 .2, Single Family Residential, zone to be rezoned to MRG, Garden Density Multifamily Residential, also imposing a 12 .5 unit per acre limit. A total of 80 units could be achieved with this condition. 5. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Planning Department Finding The safety and general welfare of Kent and unincorporated King County citizens will be affected by this rezone proposal. The addition of the 746 daily vehicle trips generated by this proposal will adversely impact the adjacent roadway network and neighboring land uses. The level of service to the 104th Avenue SE and SE 256th Street intersection is currently 'IF. Increased traffic congestion may in turn increase the potential for traffic accidents and lengthen the emergency response time in the area. Conditions have been applied to the approval of this rezone which should help to lessen the impacts. VI. CITY STAFF RECOMMENDATION Upon review of the environmental documents and discussion of the merits of the rezone, the City staff recommends APPROVAL OF THE REZONE TO MRG, GARDEN DENSITY MULTIFAMILY RESIDENTIAL WITH THE OVERALL DENSITY OF THE 6. 48 ACRE SITE LIMITED TO A MAXIMUM 12 .5 UNITS PER ACRE OR APPROXIMATELY 80 UNITS with the following conditions: 1. The Developer shall contribute 100 percent of traffic mitigation assessment for additional trips generated by the section of land where zoning changes from single-family to multifamily is to occur. 2 . The developer shall install street lighting as determined by the Public Works Director. 3 . The developer shall install signing where required. 4 . A minimum ten-foot Type I planting strip shall be planted along the west property line. 22 Staff Report Kent Hill Apartments #RZ-88-6 5. Additional fire protection measures, including requiring buildings to be equipped with sprinklers, may be applied at the time of development plan review, if so determined by the Fire Department. 6. Sidewalks shall be provided along 108th Avenue SE and SE 260th Street. An internal sidewalk system shall be required connecting the perimeter walkways to the internal walkways. 7 . The applicant shall orient buildings along the perimeter of the site at an angle to the perimeter property lines. KENT PLANNING DEPARTMENT November 29, 1988 23 CITY OF KL•NT planning a� 5 i `LS �P .. t NOfilil ;1f 9S W/ 5 ; . ' N ZW N. Q H N Ira 1 , — �a � •`..J — _ ••.i ` Q _ w • 'Z T 4 �����' I '\ i •••. t a /l JZo° L I i _ it < % cp "V. i l I i J� : : APPLICATION Name KENT HILL APARTMENTS LEGEND LANDSCAPE PLAN Number RZ-88-6 Dale December 7, 1988 'application site Request To rezone approximately 3.24 acres of a 6.48 zoning boundary acre si to from Ri-7.2 to MTM city limits SCALE = , _ CITY or RENT planning a. it •� ! -���._• liv, U •E�i'r. _ t_ - •o .i O • 71 E < it W iiiYSyi < 2g2gY �Kia��Yi t�� ! aj I -i r ,IP a-i i,s~.,.^w�.i i -:,li s w 3tE r• .ciil o .l� ;11•iEw :na! .•� i, ( { a s ! F .'yi W € 1�� 9i r a�ta: ! aaaa Fil 'I _ a ��!'1'A. 1 � • 1 � I I I I 1 I ;.'.•..I.I..I 1 i I . I I• ` � •. H3 h _ _ Z Q I _ I I • j ii z I W ~~ a W/ W !� W I� [ II ( III I I 111 . III • •l; ,'1. . 'I I• I •' tea:-' ---- - . `I . _ _ I . ........................'... 1 v �. APPLICATION Name KENT HILL APARTMENTS LEGENO : SITE PLAN Number, RZ-88-6 Date December 7, 1088 application site Request To rezone approximately 3.24 acres of a 6.48 toning boundary acre site from R1-7.2 to MRM city limits SCALE _ CITY OF KL,, T planning i10 _ _ { _ i+ems ` ro CI 00 I LG. o : , �,= a � ( \ o b Li fir. l�y� ❑ .cam. ,o III I_J Ut Do A. ' ` !�� -kc- O ? fit i \ �� \ •,��% ° •t APPLICATION Name KENT HILL APARTMENTS LEGEND Zoning Map Number RZ-88-6 Date December 7, 1988 application site Request To rezone approximately 3.24 acres of a 6.48 zoning boundary acre site from R1-7.2 to MRM city limits SCALE _ CITY OF KLNT planning a -v a W M L SF 232H0 ST / W FAST HILL ` .: CLNTER x ' f V • OI....Ih SE 2521,10 $ W - 4.r1{ ST '^ > w SIS I < W SE 254TH Pt i < I< 90 KENT-MERIDIAN J H y0 Ii SR.NL SCHOOL T r = > SE 256TN ST '• <70 2 30i " . � x ^ �' � 29 2 > <i x ' �C, r t:S•P 8 kfh SE 2W0 ST M 260TN �<H ST 0<fy AO<0 SEQUOIA JR.H1. q S it2MD \ r SCHOOL I- I PI r o 7a.• . �J SC 1264TH 5T� T T ' x y CITY LIMITS Fire Stall P > Walr. SE 2 6TH " 8 .Heserv0 ST SE 267TH ST '_- 2 I r SE 266TH rv� < SE 270TH �1 • ` PL \ SE 271ST CT x 30 . 29 sE 272NO ST - 29 31 i 32 -- — 32 F mI SE 74TH ST ' e EL M APPLICATION Name KENT HILL APARTMENTS LEGEND VICINITY MAP NumberRZ-88-6 Date December 7, 1988 application site Request To rezone approximately 3.24 acres of a 6.48 inning boundary acre site from RI-7.2 to IARM city limits SCALE _ CITY OF KL,dT planning Ca ... QO ., .. ❑ : / 'L a li �, � ~� I U � Zr L _ t---- f 0Lr I �P �� -•-- � LLLUUU 111 � •...�. cq, 9 i i o 6. [o _yam:/- / I � '� ,. 1 • • ��,. C\`'. `�� is � ��. CO o � APPLICATION Name KENT HILL APARTMENTS LEGEND Zoning Map _ Number RI-88-6 Dale December 7, 1988 application site Request To rezone approximately 3.24 acres of a 6.48 zoning boundary acre site from R1-7.2 to MRM city limits SCALE = r Kent City Council Meeting Date February 7, 1989 .' Category Other Business 1 . SUBJECT: HEMLOCK ACRES NO. 17 PRELIMINARY SUBDIVISION #SU-88-3 2 . SUMMARY STATEMENT: This public meeting will consider the Hearing Examiner ' s recommendation of conditional approval of a 17 lot single-family residential preliminary subdivision located on the north side of S. E. 240th St . approximately 300 ft. west of 116th Ave . S.E. (l �zrc��( /-1cz �"' t1 ri,.c_ �1an. ri Gj v� �- ut�/ytd ,. .L_k 0_. . .. f 3 . EXHIBITS: Staff memo, taff report, minutes , findings and recommendation . 4 . RECOMMENDED BY: Hearing Examiner 12/21/88 . (Committee, Staff Examiner , Commission, etc. ) Approval with 4 conhitions . I 5 . EXPENDITURE REQUI ED. SOURCE OF FUNDS: 6 . CITY COUNCIL ANV ON: e moved, to adopt the findings of the Hearing Examiner and to concur with the Hearing Examiner ' s recommendation of conditional approval of the Hemlock Acres #17 preliminary subdivision. G J6i i-C Sc C:, %CC_ J DISCUSSION: ACTION: Council Agenda Item No. 4F KENT PLANNING DEPARTMENT February 2, 1989 MEMO TO: Mayor Dan Kelleher and City Council Members FROM: Fred N. Satterstrom, Acting Planning Director SUBJECT: HEARING EXAMINER'S RECOMMENDATION ON HEMLOCK ACRES NO. 17 PRELIMINARY PLAT On December 7, 1988, the Hearing Examiner held a public hearing to consider the Hemlock Acres No. 17 preliminary plat. This is a 4 . 24 acre, 17-lot, single-family residential plat located on the north side of SE 240th St approximately 300 feet west of 116th Avenue SE. The Hearing Examiner recommends approval of this preliminary plat with the following conditions: A. Prior to recordation of plat: 1. The final plat linen shall bear a notation stating that all residential structures proposed to be built on the subject lots must conform to the solar access setback regulations of the Kent Zoning Code. B. Prior to the issuance of a development permit on any lot the following must be constructed: 1. Deed to the City the southerly 7 . 5 feet of the subject property as public right of way for the widening of SE 240th Street. 2 . Grant to the City an additional eight foot easement paralleling the new south property line for utility and slope purposes. 3 . Obtain City approval of detailed engineering drawings for the following improvements and either construct and/or bond for same: a. Fully develop 114th Place SE as shown on the preliminary plat with a minimum pavement width of 28 feet (as measured from the curb face) , curb and gutter, sidewalks, street lighting, street signs, storm drainage facilities, underground utilities, and related appurtenances. The improved radius to face of curb of the proposed cul-de-sac shall be 45 feet, and the improved radius of the curb return at the junction with SE 240th Street shall be 35 feet. b. Provide on-site detention in accordance with "" City Drainage Code. Provide storm drainage facilities adequately sized to convey peak storm flows for a 25-year six-hour design - storm. C. Extend City water to provide adequate domestic and fire flow for all lots. A minimum six-inch main size is required. d. Extend gravity sanitary sewers to service all lots. Provide easements to service adjacent properties if determined necessary by the City. CA:FNS:ca FINDINGS AND RECOMMENDATION OF THE HEARING EXAMINER FOR THE CITY OF KENT FILE NO: HEMLOCK ACRES NO. 17 #SU-88-3 APPLICANT: ANTHONY DIPANGRAZIO REQUEST: A request for a preliminary subdivision approval for 17 residential lots in an R1-7. 2, Single Family Residential, zoning district. LOCATION: The subject property is located on the north side of SE 240th Street approximately 300 feet west of 116th Avenue SE. APPLICATION FILED: August 26, 1988 DEC. OF NONSIGNIFIANCE: October 13 , 1988 MEETING DATE: December 7 , 1988 RECOMMENDATION ISSUED: December 21, 1988 RECOMMENDATION: APPROVAL WITH CONDITIONS STAFF REPRESENTATIVE: Fred Satterstrom, Planning Department Kathy McClung, Planning Department Carol Proud, Planning Department . Gary Gill, Public Works Department PUBLIC TESTIMONY: Mike Webb, representing applicant Comments Emil Scarsella Jeanne Leber Diane Leber Sally Storey Peter Ploegman WRITTEN TESTIMONY: None INTRODUCTION After due consideration of the evidence presented by the applicant, all evidence elicited during the public hearing, and as a result of the personal inspection of the subject property and surrounding area by the 1 Hearing Examiner Recommendation Hemlock Acres No. 17 _. #SU-88-3 Hearing Examiner, the following findings of fact and conclusions shall constitute the recommendation of the Hearing Examiner on this application. FINDINGS OF FACT 1. The applicant, Anthony DiPangrazio, requested a preliminary subdivision approval for 17 residential lots in the R1-7. 2, Single Family Residential, zone. 2 . The subject site is 4 .24 acres in size and it is located on the north side of SE 240th Street approximately 300 feet east of 116th Avenue SE. 3 . As previously indicated, the subject property is zoned R1-7.2, Single Family Residential, and is designated for single-family uses in the Comprehensive Plan. The East Hill Plan Map designates the subject site as SF, Single Family Residential, with a suggested density of four to six units per acre. 4 . The proposed density will result approximately four units per acre. The smallest proposed lot is 7, 684 square feet. The subdivision will provide for 17 detached single-family housing. 5. Surrounding zoning and land uses in the vicinity include single family uses to the north and south and a multiple family zoning district is located to the west of the site abutting 112th Avenue SE.. 6. The site is currently undeveloped with a relatively level grade. 7. The site has access to SE 240th Street. Two of the proposed lots will have direct access to SE 240th Street while the remaining lots will have access provided by a newly proposed street to be known as 114th Place SE. The main access street to the proposed plat, SE 240th Street, is classified as a minor arterial with a right-of-way width of 60 feet and actual pavement width of 24 feet. Currently, the average daily traffic (ADT) count is 17 , 200 p.m. trips per day. 8 . There are water and sanitary sewer systems available to serve the subject site. 9 . At the time of the public hearing, an adjoining property owner, Emil Scarsella, expressed concern with respect to a potential destruction to two very old and tall trees located directly 2 Hearing Examiner Recommendation Hemlock Acres No. 17 #SU-88-3 across from proposed Lots 5 and 6 and further expressed concern with respect to violation of his privacy, potentially reduced water pressure and potential for diminished views of Mt. Rainier from his home as a result of the development. Further, adjoining residents suggested that the property should be developed as a park instead of being developed for single family homes in light of the alleged lack of parks, particularly parks designed for children in the east hill area. In addition, local residents expressed concern with respect to the additional traffic to be generated by the proposed development. 10. The staff report with its recommendation of conditional approval has been incorporated herein by reference as though set forth in full. CONCLUSIONS 1. The City-wide Comprehensive Plan and the goals and policies contained in the East Hill Plan encourage development of single-family housing such as the proposed use. 2 . The Housing Element of the East Hill Plan seeks to assure present and future east hill residents housing that is safe and offers a desirable living environment and is supported by adequate community services and facilities. The development as it is proposed will provide for an in-fill of development in an area that is dominated by single-family development. The evidence establishes that there are adequate community facilities available to service the additional 49 residents. 3 . There is no factual or legal basis to require the applicant to development his land for park purposes as suggested by neighbors in the vicinity. 4. Potential traffic impacts associated with the development appear to have been adequately mitigated through the environmental review process. RECOMMENDATION For each of the above reasons, the recommendation of the Hearing Examiner on the requested preliminary plat is conditional approval, subject to the following conditions: 3 Hearing Examiner Recommendation Hemlock Acres No. 17 #SU-88-3 A. Prior to recordation of plat: 1. The final plat linen shall bear a notation stating that all residential structures proposed to be built on the subject lots must conform to the solar access setback regulations of the Kent Zoning Code. B. Prior to the issuance of a development permit on any lot the following must be constructed: 1. Deed to the City the southerly 7 . 5 feet of the subject property as public right of way for the widening of SE 240th Street. 2 . Grant to the City an additional eight foot easement paralleling the new south property line for utility and slope purposes. 3 . Obtain City approval of detailed engineering drawings for the following improvements and either construct and/or bond for same: a. Fully develop 114th Place SE as shown on the preliminary plat with a minimum pavement width of 28 feet (as measured from the curb face) , curb and gutter, sidewalks, street lighting, street signs, storm drainage facilities, underground utilities, and related appurtenances. The improved radius to face of curb of the proposed cul-de-sac shall be 45 feet, and the improved radius of the curb return at the junction with SE 240th Street shall be 35 feet. b. Provide on-site detention in accordance with City Drainage Code. Provide storm drainage facilities adequately sized to convey peak storm flows for a 25- year six-hour design storm. C. Extend City water to provide adequate domestic and fire flow for all lots. A minimum six-inch main size is required. d. Extend gravity sanitary sewers to service all lots. Provide easements to service adjacent properties if determined necessary by the City. 4 Hearing Examiner Recommendation Hemlock Acres No. 17 #SU-88-3 Dated this 21st day of December, 1988. _�ik I -- 4") D ANE L. VANDERBEEK HEARING EXAMINER Request of Reconsideration Any party of record who feels the decision of the Examiner is based on error of procedure, fact or judgment, or the discovery of new evidence may file a written request for reconsideration with the Hearing Examiner no later than 14 days of the date of the decision. Reconsideration requests should be addressed to: Hearing Examiner, 220 Fourth Avenue S. , Kent, WA 98032 . Notice of Right to Appeal The decision of the Hearing Examiner is final unless a written appeal to Council is filed by a party of record within 14 days of the decision, The appeal must be filed with the City Clerk and state the basis of appeal which may be errors of fact, procedural errors, omissions from the record, errors in interpretations of the Comprehensive Plan or new evidence. See Ordinance #2233 and Resolution #896 for specific information. 5 CITY OF RENT planning Ljj d . . �. (1 ,• .. �, tlSTH PL. 1__I t ••.• � I C;C - - o IR1 7 . I "ar.11 V -492.9 00 _ 0 C� I fT tj �! a � U tom... Ir -i J L �-4B0. p 7 ❑ SITE `s T O I��� � r •.E` ._ H 44 11 Ord-'i7 ? .? +489 S�a�T„... fl ..... _ -r'ae wuuunw�l'�umuluunf-aLn. .. .,.I,c�_. ..L �C�,i � .'.--•--.,. ••••••• see ••••• f s••••a•••• sec.con. N. 144,141.66 ^�;V - } •t ri 1 '. on w R1- 12 Wo APPLICATION Name HEMLOCK ACRES 917 LEGEND : Number SU-88-3 Dale 12/07/88 application site HH11111H,11111H11N Request Preliminary Plat toning boundary ••�•••• city limits ■IMIMIN ZONING/TOPOGRAPHY - SCALE = 1" :200' 1 CITY OF KENT planning 7)0 rM ST f1 b a rl � rt :F 222H0 a ST 515 rE--�� x ] ^ h f r SE 223RO ST ^T O > x NyT x W x x W - ST n N n N r N SC 224TH �i 723R0—a r�d PL e n S SC PL A 16 ..... — .. — O� SE 225TH T22.1H 9� SC MTH 4 ST < E STN T SE 2251H it — > > i _ x SE 726TH P r� �< < / SE ]: uW ST 0 WA — > r 226 H • _ PI se c < SF uw rf ro 2' SE 227TH PL ,q JJr SE 278TH SC< SE 778TH A SE 229 �. !o SE ST 1 �n !h `b q4�� 29iMr- `vf PL J•Q yW Jy sT 1'_ > cv TH.ST. W SE 230 11 x SC, A+ �`S ST SE 2 b SE 231gT PARK MHA r G 230TH�O ,Al ST IH iELE NTARY iN j C _ PL N 'Tf 232H0 ST oW SGH L ^ SE 233N0 Si „ SE < E 232M I < SE 232110 vl 771N0 A,= ST 5< 1 1x- > PL O b 'Ef 37RO 1^,r < q J x W T SE • 1 J'�AJ?1•SE 377R0 PT ! i" G a H vl u rWMM. `a !o SA 1 SE'. 234TH ST MERIDIAN SE 234TH > b % .�1 i.1'r' — JR.HI. < •:' ��• STH SE SCHOOL ST x U O SS TH 234TH PL• b 3E 236TM ST A 6E Barricade %.'r.14c0 a SE -r 2 .Pry'10 !ala N SE 236TH ST .. In xN SE 236TM PL SC 777TH ST > Wally 1 Da < W n..ater Q E 778TH o I ST x N W M SE OTH ST 17 16 2 21 SITE , x W SE 244 TN ST x �f. x x W o I a O J — a I ' NBTN ST 1 W� y • IWn W m / APPLICATION Name HEMLOCK ACRES 917 LEGEND Number so-88-3 Date lzio7/as application site �. _ Regne$t Preliminary Plat VICINITY CRY limils 11�1�1■ SCALE = 1^ :l000l CITY OF KENT planning cL Cu S'.Jy 2 yy. 27 ,y L' 4 > we > •q Y Y w. l! y LUL I] w Lu♦ 1.. 510 lr• �LUL 1\!\ . q l_uyy L t ln: --q—1276.82 — i SE. 240TH. ST. nl APPLICATION Name HEMLOCK ACRES 417 LEGEND: Number su-ae-3 Date 12107/e6 application site ...•.•• ttegpeSt Preliminary Plat SITE PLAN SCALE HEARING EXAMINER MINUTES December 7, 1988 The public hearing of the Kent Hearing Examiner was called to order by the presiding officer, Diane L. VanDerbeek, Hearing Examiner, on Wednesday, December 7, 1988 at 3 : 00 p.m. in the Kent City Library, Multi-Purpose Room. Ms. VanDerbeek requested all those intending to speak at the hearing and those wishing to receive information concerning the hearing, to sign in at the sign up sheet by the door. Staff reports, agendas, and the description of procedure of the hearing were available by the door. Ms. VanDerbeek briefly described the sequence and procedure of the hearing. All those who intended to speak were sworn in. HEMLOCK ACRES NO. 17 Preliminary Plat #SU-88-3 (Carol Proud, Planner) The first item on the agenda was a public hearing to consider the request by Anthony DiPangrazio, 23607 Highway 99, #1C, Edmonds, WA 98020, to subdivide 4 .24 acres into 17 single-family residential building lots. The subdivision will be known as Hemlock Acres No. 17. The property is located on the north side of SE 240th Street approximately 300 feet west of 116th Avenue SE and is within a R1-7.2, Single Family Residential, zoning district. (1-1-62) Carol Proud, Kent Planning Department, presented the staff report and showed a transparency _ marking the location of the proposed subdivision. Ms. Proud mentioned the various developments in the area. A short video of the subject site was shown. The plat is subject to the solar setback regulations and the tree ordinance requirements. The plat is in general conformance with the regulations of the Subdivision Code and consistent with the general transportation plan for the area. Two transparencies were shown depicting 1) the zoning of the area and, 2) a schematic drawing of the proposed subdivision. Ms. Proud discussed the goals, objectives and policies of the Comprehensive Plan and the East Hill Plan as well as the maps. The proposed subdivision meets the guidelines set forth in the staff report. A final DNS (Declaration of Nonsignificance) was issued on October 28, 1988 with several conditions. The staff recommends approval of the proposed subdivision subject to conditions. 1 Hearing Examiner Minutes December 7, 1988 3: 00 p.m. Ms. Proud noted that the Kent School District submitted a letter regarding the overcrowding of the school and requested that the City require the developer to help pay the costs of alleviating the overcrowding. However, the City Attorney has stated the City could not make this requirement. (1-1-216) Kathy McClung, Kent Planning Department, stated the SEPA conditions as listed in the staff report were in error. The correct conditions are listed on the Determination of Nonsignificance. Ms. VanDerbeek asked if the applicant would like to make a comment. (1-1-254) Mike Webb, 3032 118th Avenue SE, Bellevue, land surveyor for the project, commented neither the owner nor he had received the staff report. After a brief recess, Mr. Webb concurred with the staff recommendations. Ms. VanDerbeek asked if the public had any comments. (1-1-326) Emil Scarsella, 11330 SE 240th, Kent, WA 98031, submitted and read a letter to the record (Exhibit #2) . Mr. Scarsella felt this subdivision would impinge on his view of Mt. Rainier. Further, on Lots 5 and 6 there are some very old trees; homes should not be built near those trees since the trees might fall on the homes and the City would be liable for any damage. The letter also covered areas concerning invasion of privacy, right of the owner to build on this property and disruption of the neighborhood. In addition, the school district should not be further overburdened. (1-1-406) Jeanne Leber, 11518 SE 240th, owns five acres on the east side of the proposed subdivision. Ms. Leber has been planting botanical gardens on her property. If this area developed into several homes, there would be an adverse impact on her property. (1-1-478) Diane Leber, 11518 SE 240th, commented the traffic is already delayed. Further, with the road construction taking place, traffic is often backed up from the intersection to their property. Ms. Leber commented on the noise, pollution, and lack of both parks and open space in the area. (1-2-44) Sally Storey, 13610 SE 288th, felt that this property should be bought by the City and developed as a park. (1-2-72) Peter Ploegman, 23637 116th Avenue SE, commented he was concerned about the lack of open space, traffic and congestion in the area. 2 Hearing Examiner Minutes December 7, 1988 3 : 00 p.m. (1-2-85) Mr. Scarsella asked if an investigative engineer looked at the property or talked with property owners in the area about this project. (1-2-102) Ms. Diane Leber had concerns about rain water runoff onto their property from the proposed development. Ms. VanDerbeek asked for rebuttal comments. (1-2-113) Ms. Proud stated that at the time of development, houses have to be sited so as to meet the criteria established by the Zoning Code. Generally, view regulations are established for homes on steeper hillsides than this one. In addition, all people within 300 feet of the proposed development had been notified of this meeting. In addition, SEPA notices are placed on red boards and posted on the subject property. (1-2-168) Gary Gill, City Engineer, Public Works Department, an LID project for the widening of SE 240th Street from 106th Avenue SE east to 116th Avenue SE to a five-lane street with curb and gutters, sidewalks, etc. , is planned for construction in 1989. Mr. Gill stated that the developer will be required to provide storm drainage on the site at the time of development. The water pressure in the area is very low. There is plenty of water and the pipes are adequately sized to provide both domestic and fire flow water. The development will not affect pressure since the pressure is based on elevation in relation to the water surface elevation. (1-2-290) Anthony DiPanganzio, 23607 Highway 99 #1C, Edmonds, WA 98020, applicant, felt he should be entitled to develop his property. This area would provide some quality single-family homes and would be preferrable to multifamily apartments. There was no further testimony. Hearing closed at 4 : 25 p.m. HEMLOCK ACRES NO. 19 Preliminary Plat #SU-88-4 The second item on the agenda was a public hearing to consider the request submitted by Anthony DiPangrazio, 23607 Highway 99 #1C, Edmonds, WA 98020, to subdivide a 3 .66 acre parcel into 14 single-family-residential building lots. The subdivision will be known as Hemlock Acres No. 19. The property is located east of 3 1 Hearing Examiner Minutes December 7, 1988 3:00 p.m. 112th Avenue SE, 600 feet north of SE 240th Street and is zoned R1-7.2, Single Family Residential. (1-2-338) Kathy McClung, Kent Planning Department, presented the staff report. Some view foils were shown depicting 1) the location of the subdivision; 2) zoning of the surrounding area and 3) a schematic layout of the subdivision. Lots 1 through 5 will be reduced to meet the Determination of Nonsignificance requirement for landscaping. The plat will meet code requirements. A video of the area was shown. The goals, policies and objectives of the City-wide Comprehensive Plan and East Hill Plan were reviewed. A letter from the School District requesting a condition to require the developer to compensate the school for the increase in children attending school was addressed. The Planning Department recommends approval with conditions. Ms. VanDerbeek asked if the pedestrian easement was in the vicinity of Lot 10 and if it was for pedestrians to come from the east and walk through the plat to SE 238th Place out to 112th Avenue SE. Ms. McClung answered affirmatively. Ms. VanDerbeek asked who would be responsible for developing and maintaining the easement. (2-1-84) Gary Gill, City Engineer, Public Works Department, commented the easement would be provided and constructed by the developer and the City would maintain it. Ms. VanDerbeek asked if the applicant would like to comment. (2-1-93) Mike Webb, 3032 118th Avenue SE, Bellevue, concurred with the staff's recommendations. Mr. Webb asked for clarification on two items: Item A on page 8--referring to the 224th/228th corridor project; and, regarding the 112th Street improvements--was the ditch with a gravel cover going to be used? Ms. VanDerbeek stated that Item A was a SEPA condition and was not relevant to the hearing. Any questions or comments concerning SEPA would need to be discussed with the pertinent department outside of the hearing. Ms. VanDerbeek asked for public testimony. (2-1-147) Emil Scarsella, 11330 SE 240th, commented the impact of this project would not be as great on his property as the impacts from Hemlock #17 except for the view and the trees. However, the items mentioned in the hearing for Hemlock #17 would still apply. Mr. Scarsella asked about the landscape easement through Lots 1 to 4 KENT PLANNING AGENCY STAFF REPORT FOR HEARING EXAMINER MEETING OF DECEMBER 7, 1988 FILE NO: HEMLOCK ACRES NO. 17 #SU-88-3 APPLICANT: Anthony DiPangrazio REQUEST: A request for preliminary subdivision approval for 17 residential lots in an R1-7.2, Single Family Residential, zone. STAFF REPRESENTATIVE: Carol Proud STAFF RECOMMENDATION: APPROVAL WITH CONDITIONS I. GENERAL INFORMATION A. Description of the Proposal The proposal is for the subdivision of a 4.24 acre parcel into 17-lots. The smallest proposed lot size is 7, 684 square feet. The resulting subdivision will provide for 17 detached single family houses at a density of four units per acre. B. Location The subject property is located on the north side of SE 240th Street approximately 300 feet west of 116th Avenue SE. C. Size of Propertv The subject property is 4 . 24 acres in size D. Zoning The subject property is within an R1-7.2, Single Family Residential, zoning district which extends north to the city limits at approximately SE 228th Street and east to 116th Avenue SE. The south side of SE 240th Street is designated as R1-9. 6, Single Family Residential and was recently annexed into the City as part of the East Hill Annexation Area. A MRM, Medium Density Multifamily 1 Staff Report Hemlock Acres No. 17 #SU-88-3 Residential, zoning district is located west of the subject site abutting 112th Avenue SE to the west. All lots meet or exceed the minimum lot size as specified in the development standards for the R1-7 .2 zoning district. Lots 1 and 17, as corner lots, have an adequate building area to meet the required yard setbacks for 'future development. The R1-7.2 zoning district requires a minimum lot width of seventy feet. Section 15. 02 . 245 of the Kent Zoning Code allows the width of the street side front lot line to be reduced to 80 percent of the required lot width. The width of Lot 14 may be less than the reduced minimum width of 56 feet since the surveyor notes on the plat that all dimensions are rounded to the nearest foot. Solar access setback regulations will apply to all lots. The purpose of the solar access setback provisions is to provide a reasonable amount of solar access to lots in the City so that the economic value of solar radiation falling on those properties will be preserved and the option to use solar energy will be encouraged. Any structures built on lots in a residential zone must maintain solar access to the adjacent lots to the north. It appears that all of the lots in the proposed subdivision have adequate north-south dimensions to meet solar requirements. 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 Hemlock Acres No. 17 #SU-88-3 Planing Department Comment: The proposed plat is in general conformance with the regulations of the Subdivision Code. One Hundred Fourteenth Place SE is consistent with the existing circulation pattern in the area and does not exceed the required 600 foot length for a cul-de-sac. All proposed sewers, water mains, and other utilities will comply with applicable City requirements. 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 concerning the future of Kent and the area within the Sphere of Interest. The Comprehensive Plan is used by the Mayor, City Council, City Administrator, Planning Commission, Hearing Examiner and City departments to guide growth, development, and spending decisions. Residents, land developers, business representatives and others may refer to the plan as a statement of the City's intentions concerning future development. The City of Kent has also adopted a number of subarea plans that address specific concerns of certain areas of the City. Like the City-wide Plan, the subarea plans serve as policy guides for future land use in the City of Kent. This area is served by the East Hill Plan. The following is a review of these Plans as they relate to the subject property. CITY-WIDE COMPREHENSIVE PLAN The City-wide Comprehensive Plan Map designates the site as SF, Single Family Residential . HOUSING ELEMENT OVERALL GOAL: INCREASE THE RESIDENTIAL POPULATION IN KENT, ASSURING A DECENT HOME AND SUITABLE LIVING ENVIRONMENT FOR FAMILIES DESIRING TO LIVE IN KENT. 3 Staff Report Hemlock Acres No. 17 #SU-88-3 GOAL 3 : Assure an adequate and balanced supply of housing units offering a diversity of size, densities age, style and cost. Objective 2 : Encourage the production of a variety of new dwelling units. Planning Department Comment: This Comprehensive Plan goal and objective establishes the City policy of promoting a mix of housing types in Kent. A major distinction in types of housing units is that between multifamily and single family units. In recent years, multifamily development has out-paced single family construction. Since 1979, the number of multifamily units has more than doubled. During this period much of the net increase in single family housing has been through annexation. If approved, this proposal will make available 17-single family residential lots. This will encourage the production of single family dwellings and help to restore a balance in the mix of single family and multifamily housing types. EAST HILL PLAN The East Hill Comprehensive Plan Map designates the site as SF, Single Family Residential, 4-6 units per acre. HUMAN ENVIRONMENT ELEMENT OVERALL GOAL: ENHANCE, THROUGH GOOD DESIGN, THE AESTHETIC QUALITIES OF THE NATURAL AND MANMADE ENVIRONMENT TO PROMOTE THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY. GOAL 1: Development designed in harmony with the suburban/rural character of East Hill. Objective 1: Ensure that the design and construction of new development is in harmony with the suburban/rural character of East Hill, while maintaining the feeling of openness that exists throughout the area. 4 Staff Report Hemlock Acres No. 17 #SU-88-3 Planning Department Comment: The area to the north of SE 240th Street and the proposed subdivision is predominantly single family residential. The area directly south of SE 240th Street is rural in character. The proposed subdivision has lots that are similar in size with an over all density that is consistent with the residential subdivisions to the north of the site. The density of 4 units per acre is also consistent with the East Hill Plan map designation of 4-6 units per acre which will ensure spacious lots for future development. HOUSING ELEMENT OVERALL GOAL: ASSURE PRESENT AND FUTURE EAST HILL RESIDENTS HOUSING THAT IS SAFE, OFFERS A DESIRABLE LIVING ENVIRONMENT, AND IS SUPPORTED BY ADEQUATE COMMUNITY FACILITIES AND SERVICES. GOAL 1: Residential development that is related to the availability of community facilities and services. Objective 1: When making decisions concerning land use, consider the adequacy of and impact upon roads and other public facilities and services including utilities, police and fire protection, public transportation, schools and parks. Policy 1: Ensure that public facilities and services are available or will be available to support development at proposed densities. Policy 2 : Locate new single-family detached residential development in areas and at densities which permit roads, utilities, public transit, schools and other public facilities and services to be provided in an efficient and cost-effective manner. Planning Department Comment: The proposed subdivision will result in 17-single family homes and will provide an in-fill of development in an area that is dominated by single family development. Assuming 2 . 9 persons per household, adequate community 5 Staff Report Hemlock Acres No. 17 #SU-88-3 services will be available to serve an additional 49 residents. As a condition for subdivision approval, the City will acquire additional right of way and utility easements along the north side of SE 240th Street for future road widening and utility installations . Southeast 114th Place will be fully developed, including a minimum 28-foot pavement width, curbs and gutters, street lighting sidewalks, storm drainage facilities, underground utilities, and related appurtenances. The applicant also will be required to either participate in the formation of the LID to improve the South 224th/228th Street corridor project or conduct a traffic study to assess and mitigate any impacts of the proposal to the surrounding traffic corridors. As a result, pedestrian and vehicular traffic will have safer and more efficient access through the area. On August 31, 1988 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 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. " The City does not have a vehicle to collect fees from developers in order to accommodate costs of adding facilities for the School District. Currently, the Planning Department is working with the City Attorney's Office in order to determine the feasibility and legality of addressing this growing problem. II. HISTORY A. Site History The proposed 17-lot subdivision was reviewed by members of the Subdivision Committee at a tentative plat meeting held on August 4 , 1988 . All relevant comments and concerns discussed at the meeting are included in the staff report. 6 Staff Report Hemlock Acres No. 17 #SU-88-3 B. Area History The site was part of a 30-acre annexation to the City in 1968 . A considerable amount of subdivision and annexation activity has occurred in the area north of SE 240th Street, most recently the LeBlanc annexation in 1988 on the west side of 112th Avenue SE and the Josey Glenn subdivision at the southeast corner of SE 232nd Street and 112th Avenue SE. III. LAND USE Land use to the north of SE 240th Street is predominately single family development on smaller residential lots. The area south of SE 240th Street is rural in character with single family residences on larger parcels or tracts. A church and related parking area is located northwest of the site on 112th Avenue SE. A single family residence is located immediately to the east of the site and the city limits end at 116th Avenue SE. IV. ENVIRONMENTAL CONCERNS A. Environmental Assessment A final Mitigated Declaration of Nonsignificance (#ENV-88-80) 'was issued on October 28, 1988 with the following conditions: 1. Provide biofiltration of storm water prior to discharging into the City conveyance system. 2 . Developer shall execute a covenant agreeing not to protest the formation of an ULID for the construction/installation of a regional storm water detention basin capable of providing at least 275 acre feet of live storage and other necessary appurtenances consistent with good drainage construction. This covenant shall include a statement estimating the financial obligation to the developer/owner. 3 . The developer of the West Valley Corporate Park shall do a traffic study to identify all traffic impacts upon the City of Kent road network and 7 Staff Report Hemlock Acres No. 17 #SU-88-3 traffic signal system. The study shall identify all intersections in this area at service level "D", "E" or "F" or which will be at level of service "E" or "F" due to increased traffic volumes from this development. 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 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 due the West Valley Corporate Park development. A. The developer shall execute an environmental mitigation agreement in the form of a no- protest LID agreement to participate in the formation of an LID to construct the South 224th/228th Street corridor project. The minimum benefit to the above development is estimated at $248, 200 based upon 290 p.m. peak hour trips entering and leaving the site and the capacity of the 224th/228th Street corridor. The execution of this agreement will serve to mitigate traffic impacts to the above mentioned intersections 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. 4 . Deed to the City the property necessary to widen West Valley Highway and construct new METRO bus pullouts. Grant necessary slope and temporary construction easements for same. Prior to Development Plan Review Meeting revised plans must be submitted showing the new property line after the 8 Staff Report Hemlock Acres No. 17 #SU-88-3 street dedication and necessary revisions to the site plan to accommodate all zoning code requirements for landscaping, building setbacks, parking, etc. 5. Execute a financial participation agreement for improvements planned on West Valley Highway as part of LID 327 . B. Significant Physical Features 1. Topography and Vegetation The subject property is presently undeveloped ground. The topography of the site is relatively level with a moderate increase in elevation to the north. The site has a ground cover of native grasses and a few small shrubs. C. Significant Social Features 1. Street System Two of the proposed lots have direct access to SE 240th Street. The remaining lots will have access provided by newly constructed 114th Place SE. Southeast 240th Street at this location is classified as a minor arterial with a right-of-way width of 60 feet and 24 feet of actual pavement width. The average daily traffic count on the street is 17, 200 vehicle trips per day. 2 . Water System An existing 12-inch water main line located adjacent to SE 240th Street is available to serve the site. 3 . Sanitary Sewer System An existing eight-inch sanitary sewer main located approximately 670 feet west of the property on the north side of SE 240th Street is available to serve the site. 9 Staff Report Hemlock Acres No. 17 #SU-88-3 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 LID 331 - Street and storm drainage. 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 200 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. VI. PLANNING DEPARTMENT REVIEW The Planning Department has reviewed this application in relation to the Comprehensive Plan, present zoning, land use, street system, flood control problems and comments from other departments and finds that: A. The 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 R1-7. 2 , Single Family Residential, 7 , 200 square foot minimum lot size. 10 Staff Report Hemlock Acres No. 17 #SU-88-3 D. All lots exceed the minimum lot size as specified in the development standards of the R1-7.2, Single Family Residential, zoning district. E. The proposed subdivision is consistent with other single family residential development in the area. F. The proposed subdivision will have access to SE 240th Street and all improvements to the site will conform to the requirements of the Kent Subdivision Code. VII. CITY STAFF RECOMMENDATION Upon review of the merits of this request and the Code criteria for granting a preliminary plat, the City staff recommends APPROVAL of the proposed 17-lot subdivision subject to the following conditions: A. Prior to recordation of plat: 1. The final plat linen shall bear a notation stating that all residential structures proposed to be built on the subject lots must conform to the solar access setback regulations of the Kent Zoning Code. B. Prior to the issuance of a development permit on any lot the following must be constructed: 1. Deed to the City the southerly 7 . 5 feet of the subject property as public right of way for the widening of SE 240th Street. 2 . Grant to the City an additional eight foot easement paralleling the new south property line for utility and slope purposes. 3 . Obtain City approval of detailed engineering drawings for the following improvements and either construct and/or bond for same: a. Fully develop 114th Place SE as shown on the preliminary plat with a minimum pavement width of 28 feet (as measured from the curb face) , curb and gutter, sidewalks, street lighting, street signs, storm drainage facilities, underground utilities, and related appurtenances. The improved radius to face of 11 Staff Report Hemlock Acres No. 17 #SU-88-3 curb of the proposed cul-de-sac shall be 45 feet, and the improved radius of the curb return at the junction with SE 240th Street shall be 35 feet. b. Provide on-site detention in accordance with City Drainage Code. Provide storm drainage facilities adequately sized to convey peak storm flows for a 25-year six-hour design storm. C. Extend City water to provide adequate domestic and fire flow for all lots. A minimum six-inch main size is required. d. Extend gravity sanitary sewers to service all lots. Provide easements to service adjacent properties if determined necessary by the City. KENT PLANNING DEPARTMENT November 22 , 1988 12 CITY OF KCNT 01 planning I U. EI pa) 1�•� "• 233TN PL. Ilr _0 t Ef)r . ..�..�'PIPIPI_-±-U �"^'•'— I I iRl- 7 . .40F.4 V �492.9 ,A OLD f- G t" 6 III XIIIIXIIIIIII II'Xh( F+' • - LIU .1(r y iv 2 • � U q i — S1 E D u p I'.P 21 �- ILLtIWWILLIQfIWILLWX 290TX ••••••••••••• ••••• - i•I•••••••• SEC.COX. N. 144,141.66 � 1 r� f I 6i' ` i ',.Iv . � I I E.11663P2].B off,.' (� ■J d. . ]' a— o■ b Ui R1- 12 W: APPLICATION Name HEMLOCK ACRES #17 LEGEND Number SU-88-3 Date 12/07/88 application site IIIIUXIIIIIIIIIIIIIX Request Preliminary Plat toning boundary ••�•••• city limits ■IM1011 ZONING/TOPOGRAPHY SCALE = 111 :2o01 CITY OF RENT planning J20TH ST w rt iE 222H0 (Z a ST 515 'J -7 _ = N b SE 223RO ST r 0 > E,rg 0•p• S =N _ d W S5J 9ST4 f, o E O 223R0 SE 7PNLTNN PL 2247H YS 225TH St.7T5T E STH T SE 16 o St.7151 H _ SE 276TH ST m mr ^< WJ = 776> H Sf P 777 n > SE _^ Nf < I: - SE 227TH PL ST II] c u 22]TN ST a i ��••{{� H � SE 228TH ST< SE 228TH !f N SE 229TM SE ST Sy �4OBr 29TH0 W y, „ PL R` �J`'ti' ST = > 5 TH. T- < Oylr ,f,S S� SE 230 H 5E 2 7 ST f SE 06� dR SC 231 ST W PELE NTARV I X. > E n 130TM� �, ST =,,, iSCH L w� < PL ♦% '�f 132N0 ST o> !-> t SE 232NO ST n SE -< E 232H < _ SE 232140 PL MHO W y' S ry AS W ST ,^ SlY 33RO SE > PL o "+ Z u T J�`Ji SE 233R0< PE f�_•' J = s SE 734TH ST MERIDIAN SE 734TH > <...nw.a• `O� ^u S f = JR.Ni- < S' S155�, r E SE �. SCHOOL TM Sr _ 9�' OD1 Y 234TH PL- � ti w, !O S5 TH Rll'.c Ht O SE 2 SCe SE 236TH ST AVE Barricade \ meld n SE 236TH ST - >� f�f < =N SE 2361H PL N © ... SE 277i. ST > W01lr •�d < > ,•pro.•.,,. a C 738TH m ST t N SE OTH ST 1 16 2 21 SITE 5E 244TN F N , Q .. 1 I 248TH ST i N1m APPLICATION Name HEMLOCK ACRES #17 LEGEND : Number SU-88-3 Dale 12/07/88 application site Request Preliminary Plat CItY IImItS I101010 VICINITY SCALE = 1" :1000 CITY OF KENT planning rb --------------- b f, r • � a �Y Y e wa ,3 e y l3 M �h. aI f' y 1276.82 1 SE. 2407H. ST. nl APPLICATION Name HEMLOCK ACRES 017 LECEND: Number_SU—SR-3 Dale 12/07/88 application site ....... Request Preliminary Plat SITE PLAN SCALE = 1':l00� l y:� 1 Kent City Council Meeting �\ Date February 7, 1989 i V4 Category Other Business 1 . SUBJECT: HEMLOCK ACRES NO. 19 PRELIMINARY SUBDIVISION #SU-88-4 2 . SUMMARY STATEMENT: This public meeting will consider the Hearing Examiner 's recommendation of conditional approval of a 14 lot single-family residential preliminary subdivision located along the east side of 112th Ave. S . E. , approximately 650 ft . north of S .E. 240th St . /� 1� i7�i �lLi� (.. 7� c�. /fin �lC It P2,t,it� t J �t II / 4 t � 3 . EXHIBITS: Staff memo, staff report, minutes , findings and recommendation. 4 . RECOMMENDED BY: Hearing Examiner 12/21/88 . (Committee, Staff, Examiner , Commission, etc. ) Approval with 12 conditions . 5 . EXPENDITURE REQUIRED: None SOURCE OF FUNDS: 1 6 . CITY COUNCIL ACTION: I/, (kL�- moves mem er us/`s-ezon�crs- to adopt the findings of the Hearing Examiner and to concur with the Hearing Examiner ' s recommendation of conditional approval of the Hemlock Acres #19 preliminary subdivision . DISCUSSION: ACTION: Council Agenda Item No. 4G KENT PLANNING DEPARTMENT February 2, 1989 MEMO TO: Mayor Dan Kelleher and City Council Members FROM: Fred N. Satterstrom, Acting Planning Director SUBJECT: HEARING EXAMINER'S RECOMMENDATION ON HEMLOCK ACRES NO. 19 PRELIMINARY PLAT On December 7, 1988, the Hearing Examiner held a public hearing to consider the Hemlock Acres No. 19 preliminary plat. This is a 3 . 66-acre, 14-lot single family residential plat located along the east side of 112th Avenue SE, approximately 650 feet north of SE 240th Street. The Hearing Examiner recommends approval of this preliminary plat with the following conditions: A. Prior to Recordation of Plat: 1. The final plat linen shall bear a notation stating that all residential structures proposed to be built on subject lots must conform to the solar access setback regulations of the Zoning Code. 2 . Deed to the City the property necessary to provide a half street right of way width of 30 feet, for the entire frontage of 112th Ave SE, as measured from the north-south centerline of Section 17 Township 22 Range 5E W.M. 3 . Execute a signal participation agreement for the future construction of a traffic signal at the intersection of 112th Ave. SE and SE 240th St. 4 . Provide a minimum 10 foot pedestrian easement for a pedestrian walkway through one or more of the easternmost lots of the proposed plat linking the SE 238th Place sidewalks with the property immediately east of the subject property. B. Obtain City approval of detailed engineering drawings the following improvements. and either construct or bond for same: 1. Fully develop SE 238th Place as shown on the preliminary plat with a minimum pavement width of 28 feet (as measured from the curb face) , curb and gutter, sidewalks, street lighting, storm drainage facilities, underground utilities, street signs, and related appurtenances. The improved radius to face of curb to the proposed cul-de-sac shall be 45 feet, and the improved radius of the curb return at the junction with 112th Avenue shall be 25 feet. Deed to the City the necessary right of way for these improvements. 2 . Provide on-site storm water detention in accordance with City Drainage Code. 3. Provide pedestrian walkway as noted in item A4 above. 4 . Extend City water to provide adequate domestic and fire flow for all lots. A minimum 6-inch main size is required. 5. Extend gravity sanitary sewer to service all lots within the plat. The sewer extension shall extend to the north property line of the property. 6. Provide on-site and off-site storm drainage facilities adequately sized to convey storm water for a 25-year six-hour design storm improvement project. 7 . Reconstruct and widen 112th Avenue SE for the entire frontage thereon with asphalt pavement 18 feet wide as measured from the north-south centerline of Section 17 , Township 22, Range 5 or centerline of existing pavement whichever provides the widest road section, drainage system, curb and gutter, street lighting, cement sidewalk and other related appurtenances. 8. Furnish and install all street name signs and stop signs as may be determined necessary by the City. Prior to the issuance of a development permit on any lot in this subdivision, the above improvements must be constructed. CA:FNS:ca FINDINGS AND RECOMMENDATION OF THE HEARING EXAMINER FOR THE CITY OF KENT FILE NO: HEMLOCK ACRES NO. 19 #SU-88-4 APPLICANT: ANTHONY DIPANGRAZIO REOUEST: A request for a preliminary subdivision approval for 14 residential lots in an R1-7.2 , Single Family Residential, zoning district. LOCATION: The subject property is located along the east side of 112th Avenue SE, approximately 650 feet north of SE 240th Street. APPLICATION FILED: August 26, 1988 DEC. OF NONSIGNIFIANCE: October 13 , 1988 MEETING DATE: December 7, 1988 RECOMMENDATION ISSUED: December 21, 1988 RECOMMENDATION: APPROVAL WITH CONDITIONS STAFF REPRESENTATIVE: Fred Satterstrom, Planning Department Kathy McClung, Planning Department Gary Gill, Public Works Department PUBLIC TESTIMONY: Mike Webb, representing applicant Comments Emil Scarsella Peter Ploegman WRITTEN TESTIMONY: None INTRODUCTION After due consideration of the evidence presented by the applicant, all evidence elicited during the public hearing, and as a result of the personal inspection of the subject property and surrounding area by the Hearing Examiner, the following findings of fact and conclusions shall constitute the recommendation of the Hearing Examiner on this application. 1 Findings and Recommendation Hemlock Acres No. 19 #SU-88-5 FINDINGS OF FACT 1. The applicant, Anthony DiPangrazio, applied for a preliminary plat approval for a 14-lot single-family subdivision. 2. The subject property is 3 . 66 acres in size and is located along the east side of 112th Avenue SE, approximately 650 feet north of SE 240th Street. 3 . The evidence establishes that the proposed subdivision is currently zoned R1-7 . 21 Single Family Residential. Similarly zoned property and single-family land uses abut the property to the north, south and east. However, the property located to the west across 112th Avenue SE is zoned MRM, Medium Density Multifamily Residential. 4. The subject site is designated for single family uses and the City-wide Comprehensive Plan and the East Hill Comprehensive Plan Map designates the site as SF, Single Family Residential, four to six units per acre. 5. The applicant proposes a density of 3 .8 dwelling units per acre which is compliance with the Comprehensive Plan Map designation contained in the East Hill Plan. 6. At the time of the public hearing, residents in the vicinity expressed concerns with respect to the potential impact which the traffic to be generated by the proposed subdivision would create. 7. Further, the Kent Planning Department received a letter from the Superintendent of the Kent School District indicating that overcrowding of the schools in the Kent area is a considerable problem and that the School District is not able to accommodate the additional children who would reside in the proposed subdivision. 8. The Engineering Department recommends that a pedestrian easement be granted and constructed over Lots 9 and 10 to help insure the safety of children walking to school from the property to the east of the plat. However, the property owner to the east of the plat, Peter Ploegman, testified that he would not permit children to walk across his property in order to access a pedestrian easement. The City Engineer indicated that the pedestrian easement was for future use in the event that the property to the east of the site was subdivided in the future. 2 Findings and Recommendation Hemlock Acres No. 19 #SU-88-5 9 . The subject property has access to 112th Avenue SE which is classified as a residential collector. Currently, the street has an actual right-of-way width of 60 feet and is paved to 24- feet wide. The average daily traffic count is 1,800 vehicle trips per day. The street is narrow and there are no sidewalks. In addition, there are very few shoulders. Traffic mitigation measures have been imposed as part of the SEPA review process. 10. There are water and sanitary sewer facilities available to serve the subject site. 11. The staff report with its recommendation of conditional approval is incorporated herein as though set forth in full herein. CONCLUSIONS 1. The preliminary plat as proposed complies with the goals and policies of the City of Kent City-wide Comprehensive Plan and the East Hill Comprehensive Plan Map. The plat as proposed complies with the provisions of the land division ordinance and the lots are large enough to meet or exceed the minimum lot size as determined by the Zoning Code for the R1-7 .2 , Single Family Residential, zoning district. 2 . The proposed single-family residential uses are compatible with the surrounding land use and the Church use to the south. RECOMMENDATION For each of the above reasons, the recommendation of the Hearing Examiner on the request preliminary plat is conditional approval subject to the following conditions: A. Prior to Recordation of Plat: 1. The final plat linen shall bear a notation stating that all residential structures proposed to be built on subject lots must conform to the solar access setback regulations of the Zoning Code. 2 . Deed to the City the property necessary to provide a half street right of way width of 30 feet, for the entire frontage of 112th Ave SE, as measured from the north-south centerline of Section 17 Township 22 Range 5E W.M. 3 Findings and Recommendation Hemlock Acres No. 19 #SU-88-5 3 . Execute a signal participation agreement for the future construction of a traffic signal at the intersection of 112th Ave. SE and SE 240th St. 4 . Provide a minimum 10 foot pedestrian easement for a pedestrian walkway through one or more of the easternmost lots of the proposed plat linking the SE 238th Place sidewalks with the property immediately east of the subject property. B. Obtain Citv approval of detailed enaineerina drawings the following improvements , and either construct or bond for same: 1. Fully develop SE 238th Place as shown on the preliminary plat with a minimum pavement width of 28 feet (as measured from the curb face) , curb and gutter, sidewalks, street lighting, storm drainage facilities, underground utilities, street signs, and related appurtenances. The improved radius to face of curb to the proposed cul-de-sac shall be 45 feet, and the improved radius of the curb return at the junction with 112th Avenue shall be 25 feet. Deed to the City the necessary right of way for these improvements. 2 . Provide on-site storm water detention in accordance with City Drainage Code. 3 . Provide pedestrian walkway as noted in item A4 above. 4 . Extend City water to provide adequate domestic and fire flow for all lots. A minimum 6-inch main size is required. 5. Extend gravity sanitary sewer to service all lots within the plat. The sewer extension shall extend to the north property line of the property. 6. Provide on-site and off-site storm drainage facilities adequately sized to convey storm water for a 25-year six- hour design storm improvement project. 7 . Reconstruct and widen 112th Avenue SE for the entire frontage thereon with asphalt pavement 18 feet wide as measured from the north-south centerline of Section 17, Township 22, Range 5 or centerline of existing pavement whichever provides the widest road section, drainage system, curb and gutter, street lighting, cement sidewalk and other related appurtenances. 4 Findings and Recommendation Hemlock Acres No. 19 #SU-88-5 8. Furnish and install all street name signs and stop signs as may be determined necessary by the City. Prior to the issuance of a development permit on any lot in this subdivision, the above improvements must be constructed. Dated this 21st day of December, 1988. AANE VANDERBEEK Hearing Examiner Request of Reconsideration Any party -of record who feels the decision of the Examiner is based on error of procedure, fact or judgment, or the discovery of new evidence may file a written request for reconsideration with the Hearing Examiner no later than 14 days of the date of the decision. Reconsideration requests should be addressed to: Hearing Examiner, 220 Fourth Avenue S. , Kent, WA 98032 . Notice of- Right to Appeal The decision of the Hearing Examiner is final unless a written appeal to Council is filed by a party of record within 14 days of the decision. The appeal must be filed with the City Clerk and state the basis of appeal which may be errors of fact, procedural errors, omissions from the record, errors in interpretations of the Comprehensive Plan or new evidence. See Ordinance #2233 and Resolution #896 for specific information. 5 CITY OF KENT planning ro e• ►L. V n S.E. 235TN--ST.f/ a ! � 233TN Pl. � f M p • )` —� t 1 -7.2 ti w Q � V i +492.9 • +493.5 U 1 >- C s is 3. E • 240TH 75! •1•...• - .. sYI ..,...... 4.._-.L. 1 Jl4V I APPLICATION N1111e HEMLOCK ACRES NO. 19 LEGEND : _ NUmher SII-88-4 91tc 12-7-1988 application silo �■� ❑egUCSI preliminary Plat zoning bounllafy ••••••••� Map Topographic/Zoning SCALE = 1" = 200 CITY OF K ENT planning a.. Hemlock Acres No. 19 -o Y B ZIAn]f'M IMI'•.l'i SSE ^• 1 l�9 o Y 1 j J Y a � w ^^ 1i• 4� ~ » J J • N�w ' 3 J GGI t ���• Y u w i 2N 3 n » n n o°o R} Y S Y 0 nM a n J Z n L G<1 0" << L Yi R e R wm u J p'p XCTION A Jp N w Q 4 ? c R H % J p • Z M N �(� ,CGt R F i J 4 m 7 w i G F i EXCEP ON J al '3Y ��u�nV 4>LIa o � M'3 MI'jf wlM� a� 473 Pa� aR o a m 71 00 NORTH APPLICATION Name., HEMLOCK ACRES NO. 19 LEGEND NEW. s11-BB-4 Dale 12-7-1988 �C(�UCSI Preliminary Plat p _ Site Plan eCALE = As Shown CITY OF KENT planning `l ST W I f N h BE 223RO ST ... N X Z Q O C I < N N IN 224TH ST^ P / S, E i _y �y 9 h BE 224TH W /oi BE 223RO- i d`P ►l I� N N N P22ATH P BE 225TH b 1-(p-�ST < a E %TH E 125TN S PL i IF -i i : N F SC BE 226TH ST n or ^< WA j n 226 H . i• W PI I BE 227TH PL b = 227TN ST-> �N • SE 228TH ST BE 228TH • ••• •• 4 ' • • • 0 BEST N • • BE 229r 51" <Y`/ 229THp �••• • 9TH.ST. 1- hr BE 2)0 H • • < G r y ST • • • • • Z S[ < r BE 23IST 1PAR RCHA •� ZW • j a 730TH�� ,AS ST Zvi ■SGH LTARV =N • PL 237ND ST of f-> • • BE 232H0 ST W BE ^< E 232N BE 232ND M. < • ' • • . 232NO W i 4 1 > PL / _O"+� ST Jf= W 5T7R0 C f •2' �' o • ![' 233TN ST ' • >- .5 < n • MERIDIAN • •�v ��p. O• f0 5, I • JR.HI, St SC • \ SCHOOL M1 9 234TN PE "T5 TN i6,r4t • u/ m Sr 236TH ST AvE E3dEIC0dE: \ E.rW Jfy10 N BE CITY• • BE 236TH ST ZN SE 236TH N rn • SE 23/TN ST Sr � W � > F > • E 238 TH a • m • 239TH ST ST N • • N BE OTH sr 16 2 21 f • • . i ' • 1 • • o BE 244TN ,- C ST • I � N • F_ F N • O_ � P • < O G S, • �J • W � BE N 248TH ST • W < � W 1 N � W I Q _ SE 251 5T W � N � W Be 252NO Sr SE252H0 P�-\ FAST HILL ` • x Et SnosT 1 APPLICATION HEMLOCK ACRES NO. 19 (LEGEND Number SU-88-4 pals 12-7-1988 applicaliau $il� ll0(IIIC$l Preliminary Plat city limits Map Vicinity Map, J�ALE ' 1" = 10001 I' Hearing Examiner Minutes December 7, 1988 3:00 p.m. (1-2-85) Mr. Scarsella asked if an investigative engineer looked at the property or talked with property owners in the area about this project. (1-2-102) Ms. Diane Leber had concerns about rain water runoff onto their property from the proposed development. Ms. VanDerbeek asked for rebuttal comments. (1-2-113) Ms. Proud stated that at the time of development, houses have to be sited so as to meet the criteria established by the Zoning Code. Generally, view regulations are established for homes on steeper hillsides than this one. In addition, all people within 300 feet of the proposed development had been notified of this meeting. In addition, SEPA notices are placed on red boards and posted on the subject property. (1-2-168) Gary Gill, City Engineer, Public Works Department, an LID project for the widening of SE 240th Street from 106th Avenue SE east to 116th Avenue SE to a five-lane street with curb and gutters, sidewalks, etc. , is planned for construction in 1989 . Mr. Gill stated that the developer will be required to provide storm drainage on the site at the time of development. The water pressure in the area is very low. There is plenty of water and the pipes are adequately sized to provide both domestic and fire flow water. The development will not affect pressure since the pressure is based on elevation in relation to the water surface elevation. (1-2-290) Anthony DiPanaanzio, 23607 Highway 99 #1C, Edmonds, WA 98020, applicant, felt he should be entitled to develop his property. This area would provide some quality single-family homes and would be preferrable to multifamily apartments. There was no further testimony. Hearing closed at 4 : 25 p.m. HEMLOCK ACRES NO. 19 Preliminary Plat #SU-88-4 The second item on the agenda was a public hearing to consider the request submitted by Anthony DiPangrazio, 23607 Highway 99 #1C, Edmonds, WA 98020, to subdivide a 3 .66 acre parcel into 14 single-family-residential building lots. The subdivision will be known as Hemlock Acres No. 19 . The property is located east of 3 Hearing Examiner Minutes December 7, 1988 3: 00 p.m. 112th Avenue SE, 600 feet north of SE 240th Street and is zoned R1-7.2, Single Family Residential. (1-2-338) Kathy McClung, Kent Planning Department, presented the staff report. Some view foils were shown depicting 1) the location of the subdivision; 2) zoning of the surrounding area and 3) a schematic layout of the subdivision. Lots 1 through 5 will be reduced to meet the Determination of Nonsignificance requirement for landscaping. The plat will meet code requirements. A video of the area was shown. The goals, policies and objectives of the City-wide Comprehensive Plan and East Hill Plan were reviewed. A letter from the School District requesting a condition to require the developer to compensate the school for the increase in children attending school was addressed. The Planning Department recommends approval with conditions. Ms. VanDerbeek asked if the pedestrian easement was in the vicinity of Lot 10 and if it was for pedestrians to come from the east and walk through the plat to SE 238th Place out to 112th Avenue SE. Ms. McClung answered affirmatively. Ms. VanDerbeek asked who would be responsible for developing and maintaining the easement. (2-1-84) Gary Gill, City Engineer, Public Works Department, commented the easement would be provided and constructed by the developer and the city would maintain it. Ms. VanDerbeek asked if the applicant would like to comment. (2-1-93) Mike Webb, 3032 118th Avenue SE, Bellevue, concurred with the staff's recommendations. Mr. Webb asked for clarification on two items: Item A on page 8--referring to the 224th/228th corridor project; and, regarding the 112th Street improvements--was the ditch with a gravel cover going to be used? Ms. VanDerbeek stated that Item A was a SEPA condition and was not relevant to the hearing. Any questions or comments concerning SEPA would need to be discussed with the pertinent department outside of the hearing. Ms. VanDerbeek asked for public testimony. (2-1-147) Emil Scarsella, 11330 SE 240th, commented the impact of this project would not be as great on his property as the impacts from Hemlock #17 except for the view and the trees. However, the items mentioned in the hearing for Hemlock #17 would still apply. Mr. Scarsella asked about the landscape easement through Lots 1 to 4 Hearing Examiner Minutes December 7, 1988 3 :00 p.m. 5. . .why won't it run through Lots 1 to 8? Mr. scarsella inquired as to when the Hearing Examiner's recommendation would be made on the Hemlock applications. Ms. VanDerbeek explained that it would 14 days from today's date. (2-1-170) Peter Ploectman, 23637 116th Avenue SE, asked what was the purpose of the landscape easement between Lots 1 through 5. Would that pathway leave an opening for people to trespass onto his property? There was no further public testimony. Ms. VanDerbeek asked for rebuttal testimony. (2-1-182) Ms. McClung commented the condition for the landscape easement was a part of the State Environmental Policy Act and is separate from the Hearing Examiner process. The condition was only for 300 feet since the access road would buffer the residences in that area. The ten foot buffer will be here which will cause a shift of the road to the south and these lots will need to be adjusted. (2-1-212) Mr. Gill commented it was the intent of the Engineering Department to fence off the easement so it couldn't be a pathway onto adjacent properties. The road is inadequate so the SEPA conditions are to provide a minimum of two 12-foot lanes with a wide shoulder; this means the ditch would be piped and gravel with asphalt put in the shoulder to provide a safer place to walk. (2-1-240) Anthony DiPanganzio, applicant, 23607 Highway 99 #lC, Edmonds, WA 98020, commented it was too bad the information wasn't received earlier. In regard to the easement, he felt the Engineering Department did think of a walkway going north out of the other piece property. He felt there should be a circular walkway and there was no basis for the condition as made. He didn't feel it was right to be required to improve 212th along the frontage of the property. There was no further testimony. The hearing was closed at 4:55 p.m. 5 Hearing Examiner Minutes December 7, 1988 3 :00 p.m. CAR CARE CENTER Rezone #RZ-88-5 (Lauri Anderson, Planner) The third item on the agenda was a public hearing to consider the request by Ed Linardic, 1836 Westlake Avenue N. #106, Seattle, WA 98109 , for a rezone of approximately 1.2 acres from MRM, Medium Density Multifamily Residential, to GC, General Commercial, to allow the development of an auto lube and oil facility, self-service and automated car wash, car detail shop and retail store. The property is located on the north side of W. James Street abutting SR 167 (Valley Freeway) along the east property line. (2-1-316) Lauri Anderson, Kent Planning Department, presented the staff report. View foils were shown depicting 1) the location of the site, and 2) surrounding zoning. Ms. Anderson named some of the uses surrounding the proposed project. A video of the site was shown. Another view foil was displayed showing the schematic design of the proposed development. Ms. Anderson stated there were several concerns about this project. These concerns were examined. The City-wide Comprehensive Plan goals, objectives and policies were reviewed. The criteria that must be considered when a rezone is requested were mentioned. Ms. Anderson mentioned the traffic conditions in the area. The staff is recommending denial of this request. Ms. VanDerbeek asked how many service bays would be available in the lube and oil area. Ms. Anderson commented the building is 1, 600 square feet in size. However, the exact number of bays is unknown. Ms. VanDerbeek asked if the applicant would like to comment. (2-1-614) Ed Linardic, 1836 Westlake Avenue N. #106, Seattle, WA 98109, architect for applicant. The site will be brought up to Zoning Code standards. A sketch of the proposed project was shown. This is a service area only, no gasoline will be sold. The car wash area next to the detail shop will be semi-automated; there will be people there washing the cars and providing extra service. The semi-automated car wash would be open approximately eight hours a day. The self-service car wash would be open 24-hours a day. The detail shop has enough room for six cars at a time. Both the detail 6 KENT PLANNING DEPARTMENT STAFF REPORT FOR HEARING EXAMINER MEETING OF DECEMBER 7, 1988 FILE NO: HEMLOCK ACRES NO. 19 WSU-88-4 APPLICANT: ANTHONY DIPANGRAZIO REQUEST: Preliminary plat approval for a 14-lot single family subdivision. STAFF REPRESENTATIVE: Kathy McClung STAFF RECOMMENDATION: APPROVAL WITH CONDITIONS I. GENERAL INFORMATION A. Description of the Proposal The proposal is for a subdivision of a 3 . 66-acre parcel into 14 single-family lots. The average lot size is 9, 342 square feet with the smallest lot being 7, 418 square feet. The resulting subdivision will provide for 14 detached single family homes at a density of approximately 3 . 8 units per acre. B. Location The subject property is located along the east side of 112th Avenue SE, approximately 650 feet north of SE 240th Street. C. Size of property The subject property is 3.66 acres in size. C. Zoning The proposed subdivision site is within the R1-7 . 2, Single Family Residential, zoning district (minimum lot size of 7, 200 square feet) . Surrounding property to the north, south and east is also zoned R1-7.2 . The property to the west (across 112th Avenue SE) is zoned MRM, Medium Density Multifamily Residential. 1 Staff Report Hemlock Acres No. 19 #SU-88-4 All of the proposed lots meet or exceed the minimum lot size as specified in the development standards for the R1-7 .2 zoning district. A to-foot landscape easement is a condition of the DNS along the north property line running 300 feet easterly from 112th Avenue SE. Lots 1 through 5 will most likely have to be reduced in order to accommodate this requirement. With this adjustment, these lots will still be able to meet Code requirements. Solar access setback regulations will apply to all lots. The purpose of the solar access setback provisions is to provide a reasonable amount of solar access to lots in the City so that the economic value of solar radiation falling on those properties will be preserved and the option to use solar energy will be encouraged. Any structures built on the lots in a residential zone must maintain solar access to the adjacent lots to the north. 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, ensuring 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 ensured; that proper provisions for all public facilities (including circulation, utilities, and services) shall be taken into consideration; that conformance with provisions set forth in the City of Kent Zoning Code and Kent Comprehensive Plan shall be ensured. Planning Department Comment: The proposed plat is in general conformance with the regulations of the Subdivision Code. Streets conform to the circulation pattern established in the area and all proposed sewers, water mains, and other utilities will comply with applicable City requirements. The cul-de-sac does not exceed the 600 foot maximum length. D. Comprehensive Plan The City of Kent first adopted a City-wide Comprehensive Land Use Plan in 1969. The goals, objectives and 2 Staff Report Hemlock Acres No. 19 #SU-88-4 policies of the Comprehensive Plan represent an expression of community intentions and aspirations concerning the future of Kent and the area within the Sphere of Interest. The Comprehensive Plan is used by the Mayor, City Council, City Administrator, Planning Commission, Hearing Examiner and City departments to guide growth, development, and spending decisions. Residents, land developers, business representatives and others may refer to the plan as a statement of the City's intentions concerning future development. The City of Kent has also adopted a number of subarea plans that address specific concerns of certain areas of the City. Like the City-wide Plan, the subarea plans serve as policy guides for future land use in the City of Kent. This area is served by the East Hill Plan. The following is a review of these plans as they relate to the subject property. CITY-WIDE COMPREHENSIVE PLAN The City-wide Comprehensive Plan Map designates the site as SF, Single Family Residential. HOUSING ELEMENT OVERALL GOAL: INCREASE THE RESIDENTIAL POPULATION IN KENT, ASSURING A DECENT HOME AND SUITABLE LIVING ENVIRONMENT FOR FAMILIES DESIRING TO LIVE IN KENT. Goal 3 : Assure an adequate and balanced supply of housing units offering a diversity of size, densities, age, style and cost. Objective 2 : Encourage the production of a variety of new dwelling units. Planning Department Comment: This Comprehensive Plan goal and objective establish the City policy of promoting a mix of housing types in Kent. A major distinction in types of housing units is that between multifamily and single-family units. In recent years, multifamily development has far out paced single- family construction. Since 1979, the number of multifamily units has more than doubled. In the same period, the increase in single-family housing has been largely a result of annexation. 3 Staff Report Hemlock Acres No. 19 #SU-88-4 If approved, this proposal will make available 14 single- family residential lots. This should encourage the production of single-family dwellings, and help to restore a balance in the mix of single-family and multifamily housing types. EAST HILL PLAN The East Hill Comprehensive Plan Map designates the site as SF, Single Family Residential, 4-6 units per acre. HUMAN ENVIRONMENT ELEMENT OVERALL GOAL: ENHANCE, THROUGH GOOD DESIGN, THE AESTHETIC QUALITIES OF THE NATURAL AND MANMADE ENVIRONMENT TO PROMOTE THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY. GOAL 1: Development designed in harmony with the suburban/rural character of East Hill. Objective 1: Ensure that the design and construction of new development is in harmony with the suburban/rural character of East Hill, while maintaining the feeling of openness that exists throughout the area. Planning Department Comment: The area surrounding the proposed subdivision is predominately single-family residential or vacant. The proposed lots are consistent in size with previous residential subdivision activity in the area. The proposed density of 3 . 8 dwellings per acre is compatible with the Comprehensive Plan Map designation of 4-6 units per acre. HOUSING ELEMENT OVERALL GOAL: ASSURE PRESENT AND FUTURE EAST HILL RESIDENTS HOUSING THAT IS SAFE, OFFERS A DESIRABLE LIVING ENVIRONMENT, AND IS SUPPORTED by ADEQUATE COMMUNITY FACILITIES AND SERVICES. 4 Staff Report Hemlock Acres No. 19 #SU-88-4 GOAL 1: Residential development that is related to the availability of community facilities and services. Objective 1: When making decisions concerning land use, consider the adequacy of and impact upon roads and other public facilities and services including utilities, police and fire protection, public transportation, schools and parks. Policy 2 : Locate new single-family detached residential development in areas and at densities which permit roads, utilities, public transit, schools and other public facilities and services to be provided in an efficient and cost-effective manner. Planning Department Comment: On August 31, 1988 the Kent Planning Department received a letter from the Superintendent of the Kent School District. In his letter, George Daniel emphasizes the fact that the School District is not able to build new schools fast enough to accommodate the rapid growth that the Kent area is facing. He says, "In short, we do not have room for the children that will be generated by this development" . The City does not have a vehicle to collect fees from developers in order to accommodate costs of adding facilities for the School District. Currently the Planning Department is working with the City Attorney's Office in order to determine the feasibility and legality of addressing this growing problem. TRANSPORTATION ELEMENT GOAL 1: A transportation system that is designed to protect the safety of its users. Objective 1: Provide a system of walkways, bikeways and roads that are designed to ensure the safety of pedestrians. 5 Staff Report Hemlock Acres No. 19 " #SU-88-4 Planning Department Comment: The Engineering Department is requesting that a pedestrian easement be granted and constructed over lots 9 and 10. This walkway will help to insure safety of children walking to school be linking the sidewalks within this plat to the property to the east of the plat. Additional improvements will be required on 112th Avenue SE in order to widen the shoulder for pedestrian access. II. HISTORY A. Site History On August 41 1988, a tentative plat meeting was held to discuss the proposed 14-lot plat. B. Area History The East Hill area of Kent was first settled in the early 1900 's. Since that time commercial and residential development have grown steadily. The property in this area is a mixture of multifamily and single family residential. A church and day care facility are also located in the immediate area. Park Orchard Elementary School is located a short distance away at the intersection of 112th Avenue SE and SE 232nd. Recently the City annexed approximately 15 acres to the west and north of the property known as the LeBlanc Annexation. The Josey Glenn subdivision was recently approved at the southeast corner of SE 232nd Street and 112th Avenue SE. III. LAND USE Land uses in the area are predominantly residential. 1. North: single family residential and a City of Kent water tower site. 6 Staff Report Hemlock Acres No. 19 #SU-88-4 2 . South: church. 3 . East: single family residential. 4. West: Valley High Condominiums and Kenton Ridge Apartments. IV. ENVIRONMENTAL CONCERNS A. Environmental Assessment A final Mitigated Declaration of Nonsignificance was issued on October 13 , 1988 with the following conditions: 1. The developer shall provide biofiltration of storm water prior to discharge into the City storm system. 2 . The developer shall provide a ten-foot landscape buffer along the north property line running 300 feet easterly from 112th Avenue SE. Landscaping shall be "Type II" . 3 . The developer of the Hemlock Acres No. 19 development shall do a traffic study to identify all traffic impacts upon the City of Kent road network and traffic signal system. The study shall identify all intersections at level of service "D" , "E" or "F" or which will be at level of service "E" or "F" due to increased traffic volumes from the development. 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 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 due to the Hemlock Acres No. 19 development. _. 7 Staff Report Hemlock Acres No. 19 #SU-88-4 A. The developer shall execute an environmental mitigation agreement in the form of a no- protest LID agreement to participate in the formation of an LID to construct the S. 224th/228th Street corridor project. The minimum benefit to the above development is estimated at $18 , 292 based upon 14 p.m. peak hour trips entering and leaving the site and the capacity of the S. 224th/228th Street corridor. The execution of this agreement will serve to mitigate traffic impacts to the above mentioned intersections and road system by committing funding for the S . 224th/228th Street corridor which will provide additional capacity for traffic volumes within the area of the above mentioned development. 4 . The developer shall widen 112th Avenue SE from 240th Street to the development, to a pavement width of 24 feet, plus a 5-foot shoulder along the east side of the street. B. Significant Physical Features 1. Topography and Vegetation The subject site is presently undeveloped ground. The topography is relatively level with a slight slope to the west. The parcel is covered with native grasses. C. Significant Social Features 1. Street System The subject property has access to 112th Avenue SE, which is classified as a residential collector. The street has a public right-of-way width of 60 feet while the actual width of paving is 24 feet. The average daily traffic count is 1, 800 vehicle trips per day. Based on information from the public at previous public hearings, the lack of sidewalks or shoulders is a concern to citizens living in the area. One of the conditions of the DNS is to widen 112th Avenue in front of this plat and include a 8 Staff Report Hemlock Acres No. 19 #SU-88-4 five-foot shoulder. Other traffic mitigation conditions have also been added as part of the SEPA review process. Southeast 238th Place will be developed to serve the proposed lots. Full street improvements will be provided including curb and gutter, sidewalks, street lighting, storm drainage facilities, underground utilities, and related appurtenances. The current average daily traffic (ADT) on SE 240th is 14, 100 trips. The proposed development will add an estimated 141 daily trips to the area. The site will add 14 p.m. peak hour trips to the existing 1, 410 p.m. peak hour trips on SE 240th Street. Traffic impacts at the intersection of SE 240th Street occur mainly in the p.m. peak hour. The current level of service at this intersection is "F" . The projected level of service will remain at "F" due to the increased traffic from the development and projected growth. Eventually a signal will be required at this intersection and it is a recommended condition that the developer participate in a signal participation agreement. 2 . Water System There is an existing 12-inch water main line in 112th Avenue SE to serve the subject property. 3 . Sanitary Sewer System An existing 8-inch sanitary sewer system will have to be extended from an existing manhole 50 feet west of the subject property. 4 . Storm Water System Development of this plat will result in approximately 25 percent of impervious surface. The additional impervious surface will increase storm water runoff, which could convey pollutants to the City' s storm system. The City has recently adopted a State Department of Fisheries Policy requiring storm water to pass through a biofiltration medium prior to release from the site. Biofiltration 9 Staff Report Hemlock Acres No. 19 #SU-88-4 provides for a higher water quality entering the system than does the standard means of oil/water separation. A condition requiring a biofiltration system has been included on the DNS. A formal storm drainage system to provide off-site and on-site drainage facilities will be required prior to issuance of any development permits. 5. LID's No LIDS are on record at this time, but it is anticipated that an LID to improve 112th Avenue SE will be formed in the near future. V. MEETINGS . CORRESPONDENCE, AND LEGAL NOTICES A tentative plat meeting with the applicant and members of the subdivision committee was held on. All appropriate comments and concerns have been included in this report. VI. 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 200 feet of the site were notified of the application and of the December 7, 1988 public hearing. Staff comments have been incorporated in the staff report where applicable. VII. PLANNING DEPARTMENT REVIEW The Planning Department has reviewed this application in relation to the Comprehensive Plan, present zoning, land use, street system, flood control problems and comments from other departments and finds that: 10 Staff Report Hemlock Acres No. 19 #SU-88-4 A. The City-wide Comprehensive Plan Map designates the site as SF, Single Family Residential. B. The East Hill Comprehensive Plan Map also designates the site as SF, Single Family Residential, with a density of 4-6 units per acre. C. The site is presently zoned R1-7 .21 Single Family Residential, 7, 200 square foot minimum lot size. D. All lots meet or exceed the minimum lot size as specified in the development standards for the R1-7 . 2 , Single Family Residential Zoning District. All future residential structues proposed on subject lots must conform to the solar access setback regulations. E. Land use in the area is predominantly single family and multifamily residential with a church and day care facility nearby. F. The proposed subdivision will have access to 112th Avenue SE. VIII. CITY STAFF RECOMMENDATION Upon review of the merits of this request and the Code criteria for granting a preliminary plat, the City staff recommends approval with the following conditions: A. Prior to Recordation of Plat: 1. The final plat linen shall bear a notation stating that all residential structures proposed to be built on subject lots must conform to the solar access setback regulations of the Zoning Code. 2 . Deed to the City the property necessary to provide a half street right of way width of 30 feet, for the entire frontage of 112th Ave SE, as measured from the north-south centerline of Section 17 Township 22 Range 5E W.M. 3 . Execute a signal participation agreement for the future construction of a traffic signal at the intersection of 112th Ave. SE and SE 240th St. 11 Staff Report Hemlock Acres No. 19 #SU-88-4 4 . Provide a minimum 10 foot pedestrian easement for a pedestrian walkway through one or more of the easternmost lots of the proposed plat linking the SE 238th Place sidewalks with the property immediately east of the subject property. B. Obtain City approval of detailed engineering drawings the following improvements and either construct or bond for same• 1. Fully develop SE 238th Place as shown on the preliminary plat with a minimum pavement width of 28 feet (as measured from the curb face) , curb and gutter, sidewalks, street lighting, storm drainage facilities, underground utilities, street signs, and related appurtenances. The improved radius to face of curb to the proposed cul-de-sac shall be 45 feet, and the improved radius of the curb return at the junction with 112th Avenue shall be 25 feet. Deed to the City the necessary right of way for these improvements. 2 . Provide on-site storm water detention in accordance with City Drainage Code. 3 . Provide pedestrian walkway as noted in item A4 above. 4 . Extend City water to provide adequate domestic and fire flow for all lots. A minimum 6-inch main size is required. 5. Extend gravity sanitary sewer to service all lots within the plat. The sewer extension shall extend to the north property line of the property. 6. Provide on-site and off-site storm drainage facilities adequately sized to convey storm water for a 25-year six-hour design storm improvement project. 7 . Reconstruct and widen 112th Avenue SE for the entire frontage thereon with asphalt pavement 18 feet wide as measured from the north-south centerline of Section 17 , Township 22 , Range 5 or centerline of existing pavement whichever provides the widest road section, drainage system, curb and gutter, street 12 Staff Report Hemlock Acres No. 19 #SU-88-4 lighting, cement sidewalk and other related appurtenances. 8. Furnish and install all street name signs and stop signs as may be determined necessary by the City. Prior to the issuance of a development permit on any lot in this subdivision, the above improvements must be constructed. KENT PLANNING DEPARTMENT November 23, 1988 13 CITY or KENT planning �.,..ti r �•.—:�-.• a L.% ._.. I '-;. ;� �,:p- LJ , Q U I ' S.E. 233TH ST. 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SE • \ SCHOOL h� Opt 9 r 133 iN 234TH P MA • o s<S'oe SE 236TH ST AVE /�7�/3 S Barricade• "l"•0,0 • (�=Sq _ SE E��/ / • • \� SE 236TH ST IN SE 236TH PL W to • y SE 237TH ST i W F R • E 238 TN m • 2397H ST _ • Sr 1- • N • _ • n SE aTH ST 16 2G 21 O • SE 244TH 6 $T • Z O H < O • • •J • • • SE " 248TH ST • • W • > W < N • W n •kSE Q _ 1 STsE 232Nn sr SE252NO PS,�iFAST HILL < "II NTFR ;l » SE2 SXOST .♦ I APPLICATION Name HEMLOCK ACRES NO. 19 LEGEND NNUmber SU-88-4 pale 12-7-1988 application silo Request Preliminary Plat LMapVicinity Map city limits 1" = 1 000 ' 1 Kent City Council Meeting Date February 7, 1989 �N� „1 „�� � � Category Other Business 1. S[T JECT: RESOLUTION ADOPTING INITIATIVE AND REFERENDUM POWERS 2 . SUMMARY STATEMENT: At its meeting on January 17, 1989 , the City Council directed the City Attorney to present to the Council a resolution adopting initiative and referendum powers for the qualified electors of the City of Kent . This resolution is now presented to the Council for its consideration . 3 . EXHIBITS: Resolution 4.. RECOMMENDED BY: Council (Committee, Staff , Examiner , Commission, etc. ) Approval with 12 conditions . 5 . EXPENDITURE REQUIRED: None SOURCE OF FUNDS: O 6 . CITY COUNCIL ACT1IION: Councilmember ICE n moves, Councilmember Gt7l seconds IJ to adopt Resolution• 119 adopting initiative and referendum powers in the City of Kent. DISCUSSION• ACTION: Council Agenda Item No. 4H Kent City Council Meeting I Date February 7, 1989 Category Consent Calendar 1 . SUBJECT: EMPLOYEE ASSISTANCE PROGRAM CONTRACT RENEWAL 2 . SUMMARY STATEMENT: Authorization is requested for the Mayor to sign the renewal agreement with Southeast Community Alcohol and Drug Center . The Center provides employee assistance program services to Kent employees and their dependents. Funds in the amount of $3 , 000 for this program are contained within the 1989 Budget 3 . EXHIBITS: Staf memorandum, copy of renewal agreement for 1989 . f� I 4 . RECOMMENDED B : Staff Committee, Staff, Examiner, Commission, etc. ) 5 . EXPENDITURE R QUIRED: $3,000 .00 SOURCE OF FUN S : Funds approved within the 1989 Budget . 6 . CITY COUNCIL AC ON: Councilmember r move „ Eou-ndirltie�,r W41L�L' second4 y to authorize the renewal of the contract. DISCUSSION: ACTION: Council Agenda Item No. 41 r MEMORANDUM DATE: February 1, 1989 TO: MaYVr Kelleher and Council Members FROM: MiWebby, Assistant City Administrator SUBJECT: Contract Renewal, Employee Assistance Programs ------------------------------------------------------------ The purpose of this memorandum is to discuss the renewal of the City's contract for its Employee Assistance Program. Since 1980, the City has contracted with the Southeast Community Alcohol and Drug Center for this purpose. A copy of the 1989 Agreement is attached for your information. The primary services provided include supervisory training, as well as evaluation and counseling service. The program has proven to provide an economic benefit to the City, while providing invaluable services to it's employees and their families. It is the staffs recommendation that the contract be approved for 1989. Funds in the amount of $3 , 000. 00 for the payment of those services are contained in the 1989 budget. If you have any question regarding this information, please contact me at your convenience. Southeast CommunMug Alcohol P.O. BOX 1041 TELEPHONE: (208) 854.8513 CjentelM 232 SOUTH SECOND, KENT, WA 98035 SCAN: 252-6415 CONTRACT RENEWAL THIS AGREEMENT, made and entered into this 1st day of January, 1989, by and between CITY OF KENT, a municipal corporation, her einafter.called .CITY, and SOUTHEAST COMMUNITY ALCOHOL AND DRUG CENTER, hereinafter called SECADC. WITNESSETH: WHEREAS the parties hereto entered into a contract for services on May 1, 1980, a copy of which original contract. is in- the possession of each of the parties; and WHEREAS the parties desire to renew said contract under the same terms and conditions, and with the further exception of some' increased outreach to be performed by SECADC to City employees, as hereinafter set forth, . . NOW, THEREFORE, for and in consideration of the mutual promises and benefits of and to the parties hereto, IT IS MUTUALLY AGREED as follows: 1. The Contract for Services heretofore entered into on May 1, 1980, between the parties be and the same is renewed for a period of one year, said renewal.-to com- mence with the first day of January, 1989 and to continue through December 31, 1989. 2. Paragraph 4 of the Contract of Services dated May 1, 1980, and paragraph 2 of the Contract Renewal .w1th Rate Change, dated October, 1981, remain in effect as ammended in Contract for Services dated December, 1984, as follows: "CITY will pay to SECADC for all services stated herein to be performed the . sum of Three Thousand Dollars ($3000) per annum, payable as follows: $1,500 upon completion of signing this contract; and $1-500 on or before June 30, 1989.9 3. SECADC agrees that in addition to providing supervisor at times and places requested by CITY, a.member of the staff of SECADC will attend meetings of the respective CITY departments to encourage voluntary utilization by employees and their families of the services offered by SECADC under this contract. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year hereinabove first written. SOUTHEAST COMMUNITY ALCOHOL AND DRUG CENTER CITY OF KENT By: Ex ive Director Mayor WITNE E : APPROVED AS TO FORM: Marie Jensen, City Clerk 'Sandra, Driscol-T"=.City'Attorny INDIVIDUAL AND FAMILY COUNSELING • COMMUNITY RESOURCES • FAMILY AWARENESS CLASSES COMMUNITY EDUCATION 0 ORIENTATION TO RECOVERY CLASSES r Kent City Council Meeting Date February 7, 1989 / Category Consent Calendar 1. SUBJECT: -x_ZNZWA4P:*F CATV PROFESSIONAL SERVICES AGREEMENT , 2 . SUMMARY STATEMENT: Authorization is requested for the Mayor to sign the renewal agreement with 3-H Cable Communications Consultants . 3-H provides technical and customer services assistance to the City and cable television subscribers . Funds for this agreement are contained within the 1989 Budget 3 . EXHIBITS : Staff memorandum, copy of renew agreement for 1989 . i 4 . RECOMMENDED BY: Staff (Committee, Staff, Examin , Commission, etc. ) 5 . EXPENDITURE REQUT/RE D: $6,564 .00 SOURCE OF FUNDSX Funds approved within the 1989 Budget . 6 . CITY COUNCIL CTION: Councilmember ` moved, to authorize renewal of the contract with 3-H Cable Communication Consultants . �� �,.; l fin' CiY• '+.� �a_� � : �,� ts� DISCUSSION: "L' ..1' ACTION: Council Agenda Item No. 4J MEMORANDUM DATE: February 1, 1989 TO: Ma1y r Kelleher and Council Members FROM: MiWebby, Assistant City Administrator SUBJECT: RENEWAL OF CATV PROFESSIONAL SERVICES AGREEMENT ------------------------------------------------------------- The purpose of this memorandum is to briefly address the CATV contract renewal on the consent calendar. As you recall, we contract with 3-H Cable Communication Consultants for technical and customer services assistance and have successfully done so for the past few years. We have been very pleased with the services provided to the City and its cable television subscribers. With this in mind, staff is recommending approval of the contract renewal through the Operations Committee. The 1989 service fee will not exceed $6, 564 . 00. Funds are provided in the approved 1989 Budget for this purpose. Staff recommends the Agreement with 3-H Cable Communication Consultants be renewed for 1989. Staff also requests authorization for the Mayor to sign the 1989 Professional Services Agreement. CONTRACT FOR CONSULTANT SERVICES Community Antenna Television Franchise Management This Agreement made and entered into this 1st day of January 1989 by and between 3-H Cable Communications Consultants (hereinafter "Consultant") and the City of Kent, a municipal corporation organized and existing under and by virtue of the laws of the State of Washington (hereinafter "City"). CONSULTANT AND CITY, FOR THE CONSIDERATION HEREINAFTER SET FORTH, PROMISE, COVENANT AND AGREE AS FOLLOWS: I. Project and Scope of Work: Consultant shall do, `perform, or cause to be done and performed in a good and professional manner the following described work in accordance with all applicable state, federal and city laws, in a workmanlike manner consistent with accepted practices for other similar services. This contract shall be governed by the laws of the State of Washington. A. Performance Analysis. Consultant shall inspect and analyze the technical and operational effectiveness of the City's present CATV franchise. A report of such findings shall be made to the City Council or its designee on an annual basis or upon the determination by the Consultant that non-compliance with the City Ordinance and/or FCC regulations exists. B. Upgrade Evaluation. Consultant shall inspect and verify that all features proposed by the cable operator and duly adopted by ordinance are constructed and/or performed in a workmanlike manner on a timely basis. This will include, but not be limited to such items as type and quality of new components, workmanship of new construction, line extension density, system leakage, channel capacity, local access equipment, public connections, rates and programming. A report of any deficiencies discovered will be made immediately to the City Council or its designee. C. Consumer Protection and Complaints. Consultant shall assume responsibility for reviewing and promptly responding to all public inquiries regarding CATV services. Consultant shall make every effort to bring such inquiries of complaints to a satisfactory conclusion by negotiation with the cable operator whenever possible. On site inspection of areas of dispute will be performed when necessary for reconciliation between the citizen and the cable operator. In order to provide expeditious service a 24 hour answering service will be maintained by the Consultant. 1 D. Documents. Consultant shall assume responsibility for the development and maintenance of current system maps showing the status of upgrading and locations of such efforts and other projects. Consultant shall maintain records of subscriber charges, channel allocations, performance tests, citizen's complaints as well as all other franchise records. E. Access Utilization. Consultant shall review the status of citizen, educational and governmental use of the access channels provided. Such review will include the monitoring of the availability of such channels, time allocations provided for such use, and equitable sharing arrangements made by the franchisee. F. Collection of Franchise Fees. Consultant shall determine through comparative analyses and audits, if required, that the franchisee is paying fully such fees as mandated by ordinance. Consultant shall follow up on delinquent payments if necessary, in order to ensure prompt and complete payment of such fees on a timely basis. G. Bond and Insurance. Consultant shall maintain a complete record of all bonds and insurance required by the franchise ordinance. Consultant shall immediately advise the City of any default of any such requirements. Consultant shall monitor performance bonds to make recommendations, if necessary, to the City of any cause to exercise City options in the case of non-performance. H. FCC Regulations. Consultant shall maintain and update a file of FCC regulations as they pertain to municipal franchise procedures. Consultant shall advise the City as to any significant change or modifications to these or any other Federal or State legislation applicable. I. Newsletter. Consultant shall furnish appropriate members of the City government with a quarterly newsletter. This publication shall provide news and information of present and contemplated issues that may affect municipal CATV administration. II. Duration of Services: A. Duration. The term of this contract shall begin upon the date of acceptance aforementioned and shall expire on the last day of the 12th month following such date. III. Fee for Consulting Services: For the performance of all services described, including transportation, lodging, meals and incidental expenses the City shall pay the Consultant a fixed fee of: 2 25% of gross franchise fees at 3% payment 20% of gross franchise fees at 4% payment 15% of gross franchise fees at 5% payment _% of gross franchise fees at_% payment This has been calculated out and will not exceed $6,564.00. IV. Invoicing Procedure: Invoice shall be presented to the City by the Consultant on a quarterly basis. The first payment will be payable at the first of the month following the date of the effect of this agreement. Subsequent invoices for the quarterly charge will be submitted by the Consultant every ninety (90) days thereafter and payment will be made within thirty (30) days of presentation of the invoice. V. Termination by the City: If the City decides to cancel the project, or if the Consultant does not perform to the satisfaction of the City, or if Consultant refuses or fails to provide required assistance or otherwise violates a provision of this contract, then the City may recommend that sufficient cause exists to justify such action and may, without prejudice to any right or remedy of Consultant, after giving Consultant five (5) days' written notice terminate this contract and take possession of all records and data pertaining to this project. VI. Successors and Assigns: The City and the Consultant each binds himself to the other party hereto in respect to all covenants, agreements, and obligations contained in this contract. Neither party to the contract shall assign the contract or sublet it, in part or as a whole, without the written consent of the other. VII. Independent Contractor: It is understood and agreed that the Consultant is, and shall be, acting at all times as an independent contractor herein and not as an employee of the City. The Consultant shall secure at his expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Consultant and his officers, agents and employees and all business license, if any, in connection with the services to be performed hereunder. In connection with the execution of the Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. VIII. Subcontractors: The names of subcontractors submitted at the time of the submission of the bid proposal to the City shall be assumed to be the subcontractors which the Consultant shall use for work required to be done under the contract documents. The Consultant shall make no substitution for any subcontractor, person, or entity previously selected if the City makes a reasonable objection to such substitution. Consultant shall not contract with any subcontractor to whom City has made reasonable objection. Consultant shall not be required to contract with anyone to whom he has made reasonable objection. IX. Ownership of Reports and Documents: Original documents, drawings, designs, and reports developed under this contract shall belong to and become the 3 property of the City. X. Insurance: Consultant shall maintain and keep in force during the term of this agreement the following policies of insurance: 1) a comprehensive liability policy, including automobile coverage, in the limits of at least $500,000.00 for bodily injury to any one person; at least $500,000.00 for bodily injury persons injured in any one accident; and at least $500,000.00 for property damage; and 2) professional liability insurance with limits of at least $500,000.00. XI. Claims for Damaees: Should either party to the contract suffer injury or damage because of any act or omission of the other party or of his employees, agents for whose acts he is legally liable, claims shall be made in writing to such other parties within a reasonable time after the first observance of such injury or damages. MI. Rights and Remedies: The duties and obligations imposed by this contract and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the City or Consultant shall constitute a waiver of any right or duty afforded any of them under the contract; nor shall any action or failure to act constitute an approval of or acquiescence thereto unless specifically agreed to by both parties in writing. XIII. Notice: Written notices shall be deemed to have been duly served if delivered in person to the individual or entity for whom it was intended, or if delivered at or sent by registered or certified United States mail to the last business address known to him who gives the notice. All notices and requests shall be addressed to the City of Kent and the Consultant as follows: CITY: City of Kent 220 Fourth Avenue South Kent, WA 98032 CONSULTANT: 3-11 Cable Communications Consultants 4517 California Avenue S.W., Suite B Seattle, WA 98116 Approved at to form: 3-H Cable Communications Consultants tQZMA&", By ity Attorney Lon A. Hurd, Vice President/Director 4 ATTEST: CITY OF KENT By City Clerk Mayor 5 Kent City Council Meeting Date February 7, 1989 �( , Category Other Business 1. SUBJECT: ORDINANCE ESTABLISHING A BUSINESS LICENSE AND REGULATIONS FOR PUBLIC DANCES AND DANCE HALLS 2 . SUMMARY STATEMENT: Adopt Ordinance requiring a business license for public dances and dance halls and regulating the operation of such. 3 . EXHIBITS: Proposed ordinance, memorandum from City Attorney ' s off—ice 4 . RECOMMENDED BY: Public Safety Committee (Committee, Staff , Examiner, Commission, etc. ) 5 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 6 . CITY COUNCIL ACTION: Councilmember moves , Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 4 K ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, providing for the licensing and regulation of public dances and dance halls, adding a new section 5.35 to Chapter 5 business license and regulations, establishing licensing requirements, penalties, establishing grounds for revocation of licenses and establishing an effective date within the City limits of the City of Kent. WHEREAS, the Kent City Council finds that unregulated public dance halls contribute to the problems associated with runaway children, alcohol and drug abuse by children; and WHEREAS, the Kent City Council finds that the regulations set forth in this ordinance will help prevent the operation of public dance halls from contributing to such problems and that these regulations are necessary to protect the public health, safety and welfare, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Kent City Code Chapter 5, entitled "Business License and Regulations" is hereby amended by adding a new Section 5.35 entitled "Public dances and Dance Halls" as follows: 5.35.010 DEFINITIONS. For the purpose of this Chapter and unless the context plainly requires otherwise, the following definitions are adopted: A. "Public dance" means any dance that is open to the public and which: (1) is conducted for a profit, direct or indirect; or (2) requires a monetary payment or contribution from the persons admitted. The term "Public Dance" does not include a banquet, party or celebration conducted for invited guests which is not open to the public, and for which no fee or membership contribution is required. i i B. "Dance hall" means any place or premise where a public dance is conducted, including but not limited to all hallways, bathrooms and all adjoining enclosed areas accessible to, the public or any patron during the dance. C. "Person" includes one or more natural persons, corporations, partnerships or unincorporated associations or other forms of business organization. D. "Police Chief" means the Kent Police Chief or his designee. i E. "Fire Chief" means the Kent Fire Chief or his or her designee. 5.35.020 LICENSE REQUIRED - FEE - RENEWALS A. It is unlawful for any person to conduct a public dance within the City of Kent without first having obtained and being the holder of a valid and subsisting license for such activity, to be known as a "public dance license". The annual fee for a public dance license is $250.00. A limited license for a single event is $25.00 per event day, but no more than 3 limited licenses shall be obtained in any calendar month or more than 6 limited licenses in any calendar year unless the full annual license has been paid. B. The entire annual license fee shall be paid for the applicable calendar year regardless of when the application for license is made, and shall not be prorated for any part of the year except that if the original application for license is made subsequent to June 30th, the license fee for the remainder of that year shall be one-half of the annual license fee. Annual license renewals shall be obtained and paid in full by January 1st of each calendar year. C. There shall be assessed and collected by the Clerk an additional charge of 50% of the original license fee, on renewal applications not made when due, including payment of the required fee, on or before January 31st of each calendar year. - 2 - D. Failure to obtain license renewal and to pay all required fees pursuant thereto by January 31 shall result in suspension and/or revocation of said license pursuant to Kent City Code 5.35.120(i). 5.35.030 LICENSE - EXEMPTION AND WAIVER OF PAYMENT A. A license is not required under this chapter if the dance is conducted by the City of Kent or by a public and/or private school licensed by the State of Washington. B. The Finance Director shall have the right to waive the requirement of payment of the license fee in the case of any dance open to the public which is conducted for a charitable purpose by a nonprofit, tax exempt organization, corporation or association recognized as exempt from Federal income tax pursuant to the Internal Revenue Code. Application for a fee waiver shall be made no less than thirty days prior to the date of the dance for which a license is sought. 5.35.040 LICENSE - APPLICATION A. Applications for any license pursuant to this chapter shall be submitted in writing to the Finance Director upon such forms as the Finance Director may prescribe at least thirty (30) days prior to the first dance. In addition to other information requested, application forms shall contain the name and place of residence of the applicant and owner, if different than applicant, the address and description of the premises to be licensed and the time and date of the dance or dances to be held. The Finance Director must be notified within 10 days of any changes in the information required in this Section. B. All applications shall be referred to the Police Chief who shall conduct an investigation as to the truth of the statements contained therein and investigate all other matters pertaining to the criteria for license approval set forth in this chapter. The Chief of Police shall confer with the Finance Director as to the results of such investigation, as well as his or her other findings as to whether the criteria for obtaining a public dance license have been met. i 3 - 5.35.050 LICENSE - CRITERIA FOR APPROVAL - REAPPLICATIO S A. The Finance Director shall grant a license unless it finds that one or more of the following conditions exist: i i 1. The building, structure, equipment or location i of the business or dance for which license is sought does not comply with the requirements or fails to meet the standards of thei applicable health, zoning, building, fire safety or other applicable laws and ordinances of the State of Washington, King County , and the City of Kent or the requirements of this chapter; i 2. The applicant or any of the applicant's employers, officers, directors, partners, operators, employees or any other person involved in the operation or business of the dance or dance hall has been convicted within the last five years of: a) A felony involving a crime of violence (as defined in RCW 9.41.010(2) as it now exists or as hereafter amended) or any felony under RCW Chapters 9A.44, 9A.64, 9A.88 or 69.50; or b) A crime involving prostitution, promoting prostitution, prostitution loitering or lewd conduct, or assault on a juvenile. B. Any applicant denied a license may reapply and be granted a license if the applicant can show that the basis for such denial no longer exists, or may appeal such denial pursuant to Chapter 5.35.070, below. C. Applications for renewal of a license issued under this Chapter shall be processed and considered according to the (criteria for initial issuance of the license. 4 - it 5.35.060 CONDITIONS UPON ISSUANCE OF LICENSE - REVIEW 0 OPERATIONS. A. At the time of granting a license or license renewal pursuant to this Chapter, the Finance Director, when authorized b City Code or State or Federal law, rule or regulation or the Environmental Review Committee pursuant to the State Environmental Policy Act may impose such conditions as necessary to adequately protect the public health, safety and general welfare. B. The Finance Director shall review the operations of all public dance halls approximately six months after commencement of business to determine whether additional or revised conditions are needed to protect the public welfare. The licensee shall be given notice of all proposed additional conditions and an opportunity to be heard concerning the conditions pursuant to Kent City Code 5.35.070. 5.35.070 APPEAL FROM DENIAL OR CONDITIONS A. When the Finance Director refuses to grant or renew a license, or grants or renews a license with conditions, the City shall notify the applicant in writing of the same and shall inform the applicant of his or her right to a hearing before the Hearing Examiner by the applicant filing a written notice of appeal which contains a specific statement of the reasons for the appeal with the Hearing Examiner within 10 days of the date of the notice from the Finance Director. B. If the applicant timely files a notice of appeal, the, applicant shall be afforded a hearing before the Hearing Examiner at which time the applicant shall be afforded an opportunity to show that the conditions imposed are arbitrary and capricious or that the reasons for denial of the license do not justify the denial. After the hearing the Examiner shall determine whether the applicant has shown reason to revise the conditions or to issue the license and shall issue its final findings of fact, conclusions of law and decision within 10 days of the date of the hearing. - 5 - i Any aggrieved party may appeal the Hearing Examiner's Decision by seeking, within 14 days of the date of the Examiner's decision, a writ of review from the King County Superior Court. 5.35.080 SECURITY PERSONNEL REQUIRED. It shall be the obligation of every person licensed under this Chapter to insure that an adequate number of qualified security personnel are employed and in attendance before, during, and following each public dance as is necessary in order to maintain order and insure compliance with the laws of the State of Washington and ordinances of the City of Kent. Qualified security personnel shall include a minimum of two persons trained as law enforcement personnel which may include off duty police officers approved by the Police Chief. At no time shall fewer than 25% of the security personnel have training as law enforcement personnel or similar training as approved by the Police Chief. Those security personnel not having law enforcement training must have received formal training in crowd control by an agency not associated with the licensee as approved by the Chief of Police. A minimum of two security officers shall be required for up to the first two hundred persons in attendance; thereafter one additional officer for each additional one hundred persons in attendance shall be required. The Police Chief of the City of Kent shall have the right to require an increase in security personnel if the Chief determines the extra security is necessary because of past incidents at the dance hall which threaten public safety, health or welfare, or threats or evidence of future incidents that threaten public safety health or welfare. Any decision of the Chief to require extra security personnel may be appealed to the Hearing Examiner in the manner described in Kent Code 5.35.070. 5.35.090 LITTER CONTROL - SECURITY FOR CLEANUP A. Prior to issuance of any public dance license a cash security deposit in the amount of t200 shall be submitted to the City Clerk as security for the cleanup of all litter resulting from any public dance authorized by the license. In the event the licensee fails to clean up all litter on any public or private property which results from any public dance conducted by the 6 - I licensee within twenty-four hours of the end of the dance, the City may cause such litter to be cleaned up and pay the costs of the clean up out of the security funds. Litter resulting from the public dance shall be limited to that occurring within a one block radius of the location of the dance unless clearly identified with the dance. In the event the cost of the clean up exceeds the amount of funds on deposit, the licensee shall pay such excess costs. B. In the event funds are expended out of a security deposit required by this Section, the licensee shall, within five days of receipt of written notice of such expenditure, submit the amount necessary to replenish the security fund to the amount of the full security deposit. No renewal license shall be issued unless the full amount of the security deposit for litter clean up is on deposit with the City at the time of the application for renewal. If funds sufficient to replenish the fund are not received within 5 days of receipt of written notice then the dance hall license shall be suspended until sufficient funds are received. Within the 5 days of receipt of notice of deficiency, the dance hall licensee may inform the Finance Director in writing of circumstances justifying nonpayment of additional funds which information shall be considered by the Finance Director and the licensee shall not be suspended if the nonpayment is justified. C. If the funds for security for cleanup are fully expended within any one week, or if the funds for cleanup fall below $100.00 twice in any quarter or five times in any year, then the Finance Director shall require an additional cash deposit of not less than $200.00 and not more than the greatest one week expenditure for cleanup during the prior year. D. Upon termination of all activities authorized by a public dance license and clean up of all litter resulting from such activity, the remainder of all funds deposited as security for litter clean up shall be refunded to the licensee, without interest. 7 - .w 5.35.100 LOITERING ON PREMISES PROHIBITED. It shall be the obligation of each person issued a license under this Chapter to use best efforts to prevent loitering of all persons on the premises of the dance hall, including all parking lot and driveway areas used by patrons of the dance hall. 'Loitering" shall not include walking between the entrance to the public dance and parked vehicles, nor shall it include the act of waiting in line to gain admission to the dance including both inside and outside the dance hall premises. The licensee shall use every best effort to cooperate with the Kent Police Department for removal of loiterers by enforcement of criminal trespass charges against said loiterers. Failure to cooperate by the licensee shall be grounds for possible revocation and/or suspension of license. 5.35.110 AREA FOR WAITING FOR ADMISSION ENTRANCE AND SECURITY A. Any dance hall shall provide an area, which area is not part of the public right-of-way or sidewalks, where patrons may wait for admission to the dance hall. This area shall be clearly marked. The number of persons permitted in this area shall be limited to a number of persons reasonably likely to obtain admission to the dance hall within 30 minutes considering the normal rate of turnover of patrons within the dance hall . At no time shall the number of patrons waiting exceed the permitted occupancy load of the dance hall as established by the Fire Code and Fire Marshal. The dance hall operator shall provide security personnel to control the waiting area. one hour before opening and throughout the hours of operation. The security personnel shall use their best efforts to prevent persons seeking admission but not permitted in the waiting area from congregating on the public right-of-way and sidewalks, and the security personnel shall require such persons to leave the property under control of the dance hall. B. All persons admitted to the dance hall shall be admitted through a single entrance so that the occupancy load can be monitored. 8 - I i I C. The licensee and management of any dance hall shall prohibit any person under the influence of intoxicants or drugs from entering the dance hall and shall expel any person under such condition if found within the premises. 5.35.120 REVOCATICN OR SUSPENSION OF LICENSE A. After giving notice to the licensee of the right to a hearing pursuant to the procedures set forth in this ordinance, and conducting a hearing if a timely request is filed, the Finance Director may suspend or revoke any license issued pursuant to this chapter where one or more of the following conditions exist: 1. The license was procured by fraud or false representation of material fact in the application or in any report or record required to be filed; 2. The building, structure, equipment or location of the business or dance for which the license was issued does not comply with the requirements or fails to meet the standards of the applicable health, zoning, building, fire and safety laws and ordinances of the State of Washington, King County, and the City of Kent, or the requirements of this chapter; 3. The applicant or any of the applicant's officers, directors, partners, operators, or with the applicant's actual or imputed knowledge employees or any other person involved in the operation of the dance or dance hall has been convicted within the last five years of: a) A felony involving a crime of violence (as defined in RCW 9.41.010(2) as it now exists or as hereafter amended) or any felony under RCW Chapters 9A.44, 9A.64, 9A.88 or 69.50; or b) A crime involving prostitution, promoting prostitution, prostitution loitering or lewd conduct, or assault on a juvenile. - 9 - i 4. The licensee or his or her employee, agent, partner, employer, director, officer or manager has knowingly allowed or permitted: a) A felony involving a crime of violence (as defined in RCW 9.41.010(2) as it now exists or as hereafter amended) or any felony under RCW Chapters 9A.44, 9A.64, 9A.86 or 69.50 to occur in or upon the dance hall premises; b) A crime involving prostitution, promoting prostitution, prostitution loitering or lewd conduct, or assault on a juvenile to occur in or upon the dance hall premises; c) Any unlawful act of sexual intercourse, sodomy, oral copulation, or masturbation to be committed in or upon the dance hall premises; or d) The dance hall premises to be used as a place in which unlawful solicitations for sexual intercourse, sodomy, oral copulation or masturbation occur; or e) The possession or consumption of liquor by persons under the age of twenty-one years, in or upon dance hall premises; or f) The giving or supplying of liquor to any person under the age of twenty-one years; or g) The use by any person in or upon the dance hall premises of marijuana, cocaine or any other controlled substance (as defined in RCW 69.50.101(d) as now exists or as hereafter amended) not prescribed by a licensed physician for use by the person possessing or using the substance. h) Violation of any condition placed upon a license issued pursuant to this chapter, of this ordinance, or of any other applicable law or ordinance, which the Finance Director finds constitutes an unreasonable interference with surrounding land uses or is otherwise unreasonably detrimental to the public welfare; 10 - i) Failure to timely file and pay any admissions tax or other fee owing to the City of Kent. j) Allowing any person under the influence of intoxicants or drugs onto or to remain within the premises. B. If the Finance Director finds that any of the ( conditions set forth in this Chapter exists and that the existence of such condition constitutes a threat of immediate and serious injury or damage to person or property, and in the case of conditions which may be eliminated by the licensee, that notice of the conditions has been given to the licensee and at least 24 hours have expired without the elimination of such conditions, their Finance Director may immediately suspend any license issued under this Chapter without prior opportunity to be heard. In this event the licensee shall be entitled to appeal the decision to the Hearing Examiner in accordance with KCC 5.35.070 of this chapter. The notice of immediate suspension of license given pursuant to this subsection shall include a statement of the conditions found to exist that constitutes a threat of immediate and serious injury or damage to persons or property, and shall also inform the applicant of his or her right to appeal within ten (10) days of the date of the notice by filing a written notice of appeal, which contains a statement of the specific reasons for the appeal, with the City Clerk. C. Revocation of any license issued under this Chapter shall be accomplished pursuant to KCC 5.35.070. D. Any decision of the Finance Director to revoke or suspend a dance hall license may be appealed to the Hearing Examiner within 10 days of the Finance Director's decision. The appellant shall pay a $75.00 fee as a condition of filing such appeal. E. Any aggrieved party may appeal the Hearing Examiner's decision rendered under parts B and D of this section, by seeking, within 10 days of the Examiner's decision, a writ of review from the King County Superior Court. - 11 - 5.35.130 AGE RESTRICTIONS. A. No person conducting a public dance or maintaining a public dance hall shall knowingly allow persons under the age of sixteen years to enter or remain in the dance hall without a parent or legal guardian present. B. It is the responsibility of the licensee and any other person conducting and/or operating a public dance to require identification showing the age of each person admitted. A valid Washington State Drivers License or photo identification card issued by the Washington State Department of Licensing shall be the only acceptable forms of proof of age. C. Every person who knowingly or recklessly allows a person to enter or remain in violation of this section shall be guilty of a misdemeanor. D. Any person who affirmatively misrepresents his or her age to obtain admission to or permission to remain in any public dance in violation of this chapter shall be guilty of a misdemeanor. 5.35.140 HOURS OF OPERATION. No public dance hall to which any person under the age of 18 years may be admitted shall be operated past the hour of 12:00 midnight on any school night. No public dance all be operated past the hour of 2:00 a.m. on any other day. f r the purpose of this Section, the term "school night" means an night preceding a day upon which public schools within the City of Kent are scheduled to operate. 5.35.150 PUBLIC DANCE - READMISSION FEE. No person conducting or operating a public dance or public dance hall shall permit any person, other than an employee, to leave the dance or dance hall and return unless that person pays a readmission fee equal to the original price of admission. 5.35.160 ACCESS - BY POLICE AND FIRE OFFICERS. All police and fire officers of the City of Kent shall have free access to public dances and dance halls when a dance is being 12 - I conducted, for the purpose of inspection and to enforce compliance with the provisions of this chapter and other applicable City, County and State health, zoning, building, fire and safety ordinances and laws. 5.35.170 LICENSE LIMITED TO LICENSEE AND LOCATION. Any license issued under the provisions of this chapter shall apply to a single licensee and to a single location only and shall not be transferable to other locations or to other persons. 5.35.180 APPLICAP.ILITY. All dance halls required to be licensed by this ordinance within the City of Kent shall be regulated by the provisions of this chapter, regardless of whether a public dance license or business license was obtained from the City prior to or after the effective date of the ordinance codified in this chapter. 5.35.190 VIOLATION. It shall be a misdemeanor to operate or manage a public dance in violation of the provisions of this chapter, without having first obtained a valid license, or renewal; or to operate or manage a public dance when one's license to do so has been suspended or revoked. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. DAN KELLEHER, MAYOR 13 - ATTEST: MARIE JENSEN, CITY CLERK APPROVED AS TO FORM: SANDRA DRISCOLL, CITY ATTORNEY PASSED the day of , 1969. 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 hereo indicated. (SEAL) MARIE SEN, CITY CLERK 06320-240 - 14 - R E P O R T S A. COUNCIL PRESIDENT B . OPERATIONS COMMITTEE C . PUBLIC WORKS COMMITTEE D. PLANNING COMMITTEE E . PUBLIC SAFETY COMMITTEE F . PARKS COMMITTEE G . ADMINISTRATIVE REPORTS i OPERATIONS COMMITTEE MINUTES January 17, 1989 COUNCIL MEMBERS PRESENT: Christi Houser Steve Dowell Paul Mann STAFF PRESENT: Jim Harris Mike Webby Jim Hansen Sandra Driscoll Tony McCarthy Helen Wickstrom Charlie Lindsey May Miller Tom Vetsch Teri Mertes Alana McIalwain Sue Viseth Patrice Thorell Hal Rees Brian Jones APPROVAL OF VOUCHERS All claims for the period ending December 32 , 1988, in the amount of $706 , 548 . 40 and for January 15 , 1989 , in the amount of $1, 177 , 732 . 16 were approved for payment. The December 32 payments were for goods and services received in December which will be charged against the 1988 Budget. POLICE & FIRE DEPARTMENT RECLASSIFICATIONS Assistant City Administrator Webby presented to the Committee the Police and Fire department reclassifications . The Police department reclassification was submitted by the Police department to former City Administrator McFall . McFall recommended the Police Captain and Lieutenant position salary levels be adjusted upwards by one salary range (2 1/2 percent) . In addition McFall recommended that a clothing allowance, not to exceed $400 per year, be provided to both positions (similar to union contract personnel) . The primary reason for this request is due to salary comparison with union personnel. To maintain parity between the positions of Police Captain and Assistant Fire Chief it has been recommended that a 2 1/2 percent salary adjustment increase be awarded in the Fire department for the position of Assistant Fire Chief. In addition to the recommendation from former City Administrator McFall, another memo was presented to the Committee by Police Captain Rees. The Committee indicated they needed more time to review the additional information. Assistant City Administrator Webby will review the classification policy and bring it to the Committee at a future meeting. With the late presentation of material the entire request was deferred for review at the next Operations Committee meeting. PARKS DEPARTMENT REORGANIZATION Acting City Administrator Harris requested that the Parks department reorganization be taken off the agenda so that he and Mayor Kelleher could discuss this reorganization. ADDITIONAL 1/2 TIME POSITION FOR CULTURAL ARTS PROGRAM SUPPORT This additional 1/2 time position has already been recommended by the Parks Committee and has been placed on the Consent Calendar for the City Council Meeting 1/117/89 . The position doesn't effect the City financially as additional funds are proposed to cover the cost. It was thus taken off the Operations Committee Agenda. PUBLIC DEFENSE CONTRACT City Attorney Driscoll presented the contract for public defense services with the Sampson, Wilson & Combs firm for 1989 in the amount of $60, 000. Driscoll informed the Committee that the 1988 contract was $50, 100 . Taking into consideration the increased growth of defendants from 1985-88 being 340% and the next competitive bid for the 1969 contract being $120, 000, she recommended this as an exceptional bid. The Committee recommended - this contract at a vote of 3-0 for inclusion on the 1/17/89 Council Consent Calendar. 1989 PARKING LOT CONTRACT The parking lot contract is with Bond Enterprises to clean the parking lots at City Hall, the Library, and the Engineering building. The contract is at the same rates we currently pay and is through March 31, 1989, with a month to month extension thereafter. The contract is not an annual contract, as in the past, due to the anticipated construction of the new office building and parking lot east of City Hall . This contract was recommended for inclusion on the 1/17/89 Council Consent Calendar by the Committee at a vote of 3-0 . CITIZEN PARKING IN CITY VEHICLE SPACES Councilmember Mann informed the Committee that the City Hall parking spaces, specifically designated for City vehicles, should be better labeled to avoid citizens being ticketed for parking there. The Committee recommended this issue go to the Public Safety Committee. After further research the City staff decided Charlie Lindsey will be in charge of having the pavement of the parking spaces repainted to label the spaces "reserved for city vehicles only" . This will be done by January 31, 1989 . COUNCIL CHAMBER REMODEL Assistant City Administrator Hansen informed the Committee that the current bids for the Council Chamber Remodel are too expensive and that the possibility of a lower rebid is unlikely. It was requested to defer this project for future modifications or the 1990 budget process. Councilmember Mann inquired on redoing only the sound system, but it was pointed out that the sound system as bid directly tied to lights and room acoustics. RESOLUTION ON SUPPORT OF CURRENT FORM OF GOVERNMENT Councilmember Houser read a resolution supporting City of Kent' s current form of Government. There was no objection to bringing this resolution to City Council for discussion as other Business. PUBLIC WORKS COMMITTEE JANUARY 24, 1989 PRESENT: Jon Johnson Martin Nizlek Berne Biteman Alana McIalwain Judy Woods Judy Taylor Don Wickstrom Sharon West Bill Williamson M.V. Petersen Dee Moschel Parking - Downtown Area Mrs. Taylor commented there is no parking for the business people on 1st other than in front of their business or in the 2-hour parking at the lot on 1st and Titus. She requested one of those rows be opened up to 24 hour parking. Woods asked if the City could simply change the sign in the lot. She inquired about the change that had recently been made at the parking lot. Johnson stated we had received requests from the businesses to make some of the parking in the lot 2-hour. Woods stated perhaps only the one row could be 2-hour. She asked Williamson to review whether we would need an ordinance to make the change. Woods moved that one row at the lot on 1st and Titus remain with 2 hour parking and the remainder be longer. At Johnson' s referral to the Task Force on parking that is being formed, Woods commented she had reviewed this proposal with Mrs. Moschel . Biteman added the remainder of the parking in the lot should be consistent with the rest of the City, i.e. 8-5 . The motion was approved with Biteman' s amendment. To facilitate the changes, if an ordinance is required, Williamson will bring it before Council on February 7 . There was discussion about the parking needs of the people living in the apartments downtown. Woods suggested this be addressed in the parking study. Mrs. Moschel stated the Parking Task Force will be underway in about a week. After further discussion, Wickstrom suggested we just address the one row of 2-hour parking at this time and let the Task Force address the time limits of the remaining rows. The Committee concurred. Sanitary Sewer Rebuild Project - Dee Moschel Wickstrom reported the City can not make any repairs or restitution until a formal claim has been filed and reviewed by the City' s insurance adjuster. He added we have sent an inspector to the area and he reports there is some recent damage. Mrs. Moschel asked if there was an estimate as to the length of time the insurance adjustor would take to make a determination. Wickstrom estimated it could be 1-3 months. Williamson suggested Mrs. Moschel contact Public Works Committee January 24 , 1989 Page 2 Mike Webby about that. Mrs. Moschel expressed her appreciation at the City' s response to her problem. Recycling Program Wickstrom reported toters have been delivered to the West Hill residences but not to all on the East Hill. Wickstrom continued he has had a request from a resident for two pickups during the month. Wickstrom suggested we might be able to negotiate two pickups a month only for those who request it. Biteman offered an alternative of providing an additional toter to those residences. Wickstrom stated that room to store the additional toter might be a problem. Mr. Peterson of 4235 249th, a resident of the West Hill, stated there was a pickup on the first and third Tuesdlay under the trial program on the West Hill. The toters were full every two weeks. One pickup per month is not adequate. Woods suggested Wickstrom determine in what areas a second pickup might be needed and if the hauler would consider adding the additional pickup and at what cost. Wickstrom stated the City had applied for and received funds from King County for a Recycling Match Grant for 1988. The grant provides a maximum of $20, 000 per year for three years. Wickstrom explained if the City continues to apply for continuation grants over the next two years, we will be committed to continuing the program after the grants lapse; thus the City would need to fund the program in 1991. Wickstrom stated he needs Council direction on whether to continue to pursue these grants. Biteman moved to apply 'for the next grant and to recommend to the Council that we continue with the program. The Committee unanimously approved. Construction Standards Wickstrom explained that we will soon be completing the construction standards. Wickstrom suggested these be reviewed by a committee similar to the one that reviewed the mitigation agreements with their recommendations brought before Council . The Committee unanimously accepted Wickstrom' s recommendation. Public Works Committee January 24 , 1989 Page 3 Construction Engineer Position - Clarification of Position Wickstrom explained the Public Works budget request was for an Engineer II position to work on our cross connection program, water and storm modeling, storm water quality program as well as support in the plan review process. However, the approved budget narrative refers to a plan reviewer. Wickstrom stated since the permit process is a target issue, he needs clarification as to Council 's intent; whether to hire only a plan reviewer which could be filled at an Engineer I level or to proceed with the Engineer II position as requested. The Committee unanimously approved the position to be an Engineer II to cover the variety of duties outlined in Wickstrom's memo to the Committee dated 1/20/89. 72nd and 196th Avenue Property Acquisition (information only) Wickstrom stated it appears we will be finalizing the purchase of the property in February. If so, he wold anticipate asking Council to authorize the purchase on February 7th. The Committee had approved the acquisition in October of 1988 . Wickstrom added the financial proposal for the acquisition included declaring the property surplus and selling a parcel in the vicinity of 218th Street and SR 167 . Since we have a potential buyer for the property, Wickstrom stated we would proceed with this. Other Johnson stated he had spoken with Master Builders about the Maureen MacNamara matter and Lavender Hills. Apparently, Master Builders did contact the developer and the developer will be issuing a check to Mrs. MacNamara by the end of the week. Williamson reported he, the surveyor, developer, general contractor and Public Works staff had met with Mrs. MacNamara last week. As a result of that meeting, the general contractor agreed to settle for $1, 300. Biteman asked if there were any artesian wells across from Boeing Surplus. Wickstrom stated that was the Wilson well which has been capped. The city's wells at 212th and 208th draw from the same aquifer and we are currently developing the 212th well . MINUTES FOR PUBLIC SAFETY COMMITTEE MEETING JANUARY 19, 1989 PRESENT: Berne Biteman Priscilla Shea Christi Houser Lt. Mike Sweeney Paul Mann Capt. Jim Miller Jim Harris Sgt. Brian Jones Alana McIalwain Carole Stevenson Chief Frederiksen Carolyn Lake Chief Angelo Sandra Driscoll Ed Olson Jeanne Schultz - citizen John Bond Merrily Manthey - citizen Marty Nizlek 1. CROSSWALK SAFETY COMMITTEE - KENT JUNIOR HIGH SCHOOL Jeanne Schultz from the Crosswalk Safety Committee at Kent Junior High School made a presentation regarding their concerns about the safety of the children that must cross James Street going to and coming from school and related some of the problems that they are seeing with the increase in traffic flow and the increasing number of pedestrians that are finding the need to cross James Street. Ms. Schultz stated that they have been talking with the Kent Engineering Traffic Department about the different options that may be available to them. Ms. Schultz stated that at this time there were, two things that they would like to ask. The first would be essentially a driver alert system that says that this a heavy pedestrian area and they would like to ask drivers to exercise every caution that they can. Ms. Schultz indicated that the School's reader board says, "Driver Alert, Kids Cross Here" . Ms. Schultz asked that the City also include messages such as these on the reader board at the Kent Commons. The second thing that they would like to ask for is signage at the various points that say, "Do Not Block This Intersection" . Ms. Schultz indicated that there are several things that have already been done at the school to help with these efforts, with alot of cooperation with the Engineering Department. The school is going to do some seminars with the kids that live north of James Street. Also, due to the fact that some of the kids feel the need to cross the street to buy pop, the school has decided to put a pop machine at the school to help with that particular problem. She stated that they felt they were doing as much with the kids as they could do and that now they are asking for help from the City. Mr. Biteman expressed that he felt Ms. Shultz's attitude was remarkably objective. Chief Frederiksen asked if they were encouraging the kids to cross at Central and stated that he felt it was vital that the kids be encouraged to go down to the crosswalk where the light is. Ms. Schultz stated that is part of the program. Chief Frederiksen asked Traffic Sgt. Brian Jones to MINUTES FOR PUBLIC SAFETY COMMITTEE MEETING, Continued Page -2- January 19, 1989 comment briefly on traffic in the area and what the Traffic Unit is doing. Sgt. Jones indicated that for that at least 12 years that he knew of, James Street has always been a problem for police enforcement, primarily because of the high traffic volume, the type of roadway it is. Sgt. Jones stated that the speed limit in that area is adequate for that hill. Downhill, most motorists travel a little above the speed limit. Because of that, the Traffic Unit has been actively working the area of Jason and Clark Street. They are monitoring traffic going through that location predominately downhill, so what they are doing is effecting traffic stops in the immediate vicinity of Woodford, State and Central Avenue. Sgt. Jones indicated that he has more specific information that he could make available later as far as the numbers and the violator contacts, the amount of time actually spent in that area if Ms. Schultz was interested. Ms. Schultz said that she would be very pleased to get that information. Sgt. Jones also indicated that he would be interested in having one of the officers either meet with the Crosswalk Safety Committee or become a member of the committee. Ms. Schultz stated that they would like that. Mr. Biteman asked about T intersections, where there is an intersection on one side of the street and not on the other and what the legal requirement would be as far as crosswalks. John Bond indicated that all intersections crosswalks and pedestrians have the right-of-way in that crosswalk, even if it's not marked. Ms. Schultz again asked about the use of the reader board at the Commons. It was determined that the Public Safety Committee would check into the use of the reader board as a Public Service. Mr. Mann asked about making marked crosswalks and the use of some unique sort of signage. There was discussion of this such as crosswalks where one car stops, the child steps out thinking its safe to cross and is then hit by the second or third car coming in the next lane. It's a false sense of security. Sgt. Jones related similar circumstance at Sequoia Junior High. Chief Frederiksen indicated that he strongly supports a member of the Traffic Unit becoming involved with the committee in the school and also to continue to work with the Engineering Department. Mr. Biteman also asked that the Traffic Engineering work in conjunction with Sgt. Jones with respect to this particular problem. Marty from Traffic Engineering indicated that they have been working with the school on the problem. Jim Harris indicated that he would look into the possibility of turning the messages proposed for the reader board into a City message. MINUTES FOR PUBLIC SAFETY COMMITTEE MEETING, continued page -3- January 19, 1989 Ms. Schultz if it would be possible to pursue the alert to drivers to keep that intersection open. Chief Frederiksen indicated that the Police Department could work with the media as they have done in the past. Chief Frederiksen indicated that we should not only concentrate just on this school, but on all school crossing and talk about the problems. Mr. Biteman asked if there was anything that we could do with the signage. Chief Frederiksen indicated that again the Police Department would work closely with the Traffic Engineers to evaluate what type of signage is not only legal, but that would be effective. Ms. Schultz thanked everyone for their time and concern. 2 . CRIME IN THE DOWNTOWN AREA - MS. MERRILY MANTHEY Ms. Manthey introduced herself and indicated that she was invited to attend to discuss with the Public Safety Committee a couple of issues that she brought up at the Town Hall Meeting. Ms. Manthey indicated that she had lived in the country by Lake Sawyer for 14 years and never had any insurance for vandalism, etc. and now in 2 years here, just a couple of blocks away, she has had four claims (car break-in, house break-in, and two garage break-ins) . Ms. Manthey indicated that she also had an incident that occurred in her office that was quite frightening. Ms. Manthey indicated that she had a strange person come into her office and she was a little leery about this person so she decided to remove herself from the office, they went out to take a walk. She indicated that she needed to feel safer and by that she meant she had to get out of her office. She started walking this direction, toward City Hall. She said that as it turned out she was able to get herself out of the situation and send the person on his way, but later she got a call from a Seattle Detective, Homicide and apparently the man that had approached her in her office was charged with murder of a counselor in Pioneer Square. She said some of the other women with businesses here contacted her and said that they had been bothered by this individual also. Ms. Manthey stated that she didn't know what has been done, but she does believe that there have been some foot patrols in the downtown corridor. She stated that she had not personally experienced the foot patrols, but another retail person that she knew was quite relieved when she did see some foot patrol in the downtown corridor. Ms. Manthey also indicated that she had some lighting concerns in the alley near her residence and it was determined that Ed Olson would look into it and work with Engineering on this issue. Mr. Biteman asked Chief Frederiksen to give some information on what's happening with the foot patrols. Chief Frederiksen indicated that foot patrol is being used as a directed patrol basis. They do walk in the business areas as much as time allows and the visibility in those areas MINUTES FOR PUBLIC SAFETY COMMITTEE MEETING, Continued page -4- January 19, 1989 has increased greatly. Chief indicated that another little thing that they area doing is when the officers come into the station they are having them come in by different routes and drive through the business areas to provide a better coverage. Mr. Biteman indicated that we are expanding so rapidly and related some statistics he had read on what we can expect in the next ten years. He also expressed his appreciation to Ms. Manthey for making them aware of this. Mr. Biteman asked Chief Frederiksen to brief Mr. Manthey on the 911 system and some other factors. Chief Frederiksen indicated that perhaps Patrol Captain Jim Miller could do that in detail with Ms. Manthey. Ms. Manthey also expressed concern over quite regularly she finds someone sitting on steps and they say they are waiting for someone. Capt. Miller indicated that the Police Department would appreciate a call, even if it's titled suspicious circumstance, If you can't quite put a finger on it and you would like to have something checked out because alot of times they find out that it it nothing other than innocent. Alot of times, they may make an arrest based on a traffic warrant that exists, just by making that contact or they may make an arrest based on other violations just based on that contact. Capt. Miller stated that a common misconception with 911 is that people say that's for a dire emergency only and that is not they way it is designed. If you want a police officer contact, that's when you dial 911, regardless of whether it's a suspicious circumstance or whether it's a homicide occurring in front of you. He indicated that the time delay that occurs when someone doesn't dial 911, but dials another business number is why they sometimes don't get to a suspicious circumstance. Capt. Miller stated that they'd rather go to 100 suspicious circumstances and have them all to turn out to be innocent, than to miss one that is a valid one. Ms. Manthey indicated that she certainly did have that misconception of 911. 3 . BRIEFING ON EASTHILL PROJECT - FIRE DEPARTMENT Chief Angelo indicated that working with Mr. Christiansen, the architect, has been a very enjoyable experience, but unfortunately not all of the subs that the architect has had available on the Easthill project have been as supportive and giving. Chief Angelo indicated that the mechanical and plumbing subs unfortunately have a different philosophy of operation and related information on some of the various delays, mis-information, but they are too far into the project to turn back. Chief Angelo indicated that they are in cooperation with the lawyers on this issue. He stated that simplest terms that he could explain it to the committee was that they are being held hostage by the sub. They are making the subs justify every nitty gritty detail of every additional expense that they say _.. . . _.. MINUTES FOR PUBLIC SAFETY COMMITTEE MEETING, Continued Page -5- January 19, 1989 they deserve and have denied some. There will be some additional costs. Chief Angelo indicated that on the Station 71 project they are going to be very meticulous to make sure that there is no more misunderstanding on the subs part at all. There will be a little bit of a time delay, they hoped to be in permit by now, but they now envision it going to permit within the next 30 days or so. Chief Angelo indicated that they will probably be coming back to the Committee later to inform you if not to get an action to handle the additional costs (perspective on the costs at this point in time are well under $12, 000) . Chief Angelo assured the Committee that the architect and staff have done everything in their powers. Chief Angelo also indicated that soon there will be a need to take action on the bonding of the $950,000 that was identified a number of years ago to help finish the facility. Chief Angelo also indicated that he has project management funds to carry him through to December of 1989 to get these projects done. These projects will not be completed as early as that. What Chief Angelo will be proposing in the future budget in order to cover that, in the 7-year plan, he had identified a training officer and a secretary to be funded from funds already in the budget that were being utilized for the northend warehouse. Chief Angelo stated that he was confident at this point in time that they will be somewhere around the point of December when they will have Station 71 ready to re-occupy, therefore they will be able to recommend utilizing funds to be able to provide for that training officer and the secretary support there. Chief Angelo's suggestion would be to take that position and not fill it and use that money and not any additional bond money or any other additional funds, until that facility is completed. The Westhill site should be ready by November or December of 89, the Northend should be ready towards March or the beginning of April of this year. Chief Angelo again, indicated his satisfaction of Mr. Christiansen, even though it has been very trying and difficult dealing with the subs. He indicated that he didn't feel that Mr. Christiansen would be doing business with this sub again, and he assured the Committee that he would never recommend them. Mrs. Houser indicated especially in light of the project coming up, we needed to make sure. Mr. Biteman asked who hired this sub, if it was a bid. Chief Angelo indicated that they contract with the architect, the architect then contracts the subs. Mr. Biteman questioned about legally being protected. Chief Angelo reviewed over some of the steps that they are taking to help avoid further problems with this particular sub. Sandra Driscoll indicated that in the contract we are legally protected, we have a good contract that provides those opportunities, then the decision is is well at what point do you have to consider the costs. Contractually, they do have the legal protection. Mr. Mann asked about when this thing is done and the dust settles, can't MINUTES FROM PUBLIC SAFETY COMMITTEE, Continued page -6- January 19, 1989 we just take them to court. Sandra Driscoll indicated that in any contract situation, you have one-year after completion of the construction there's a warranty period and if we find problems in that period of time it's up to the contractor to correct that. If we find that there is a defect in the design, however, that up front you can have legal resource even beyond that one-year warranty period. 4 . LIBRARY REMODEL CONTRACT - POLICE DEPARTMENT Lt. Mike Sweeney indicated that contract negotiations with the architect, Edberg-Christiansen were complete. The contract has been reviewed by the City Attorney as to form and is ready to be signed. Lt. Sweeney indicated that the Police Department is requesting that the contract with Edberg-Christainsen Architects for the remodel design and planning be placed on the Consent Calendar for approval for the Mayor's signature. Paul Mann moved to have the Library Remodel Contract placed on the Consent Calendar. Christi Houser seconded the motion. Mr. Biteman asked for discussion, and stated that he would like to ask in reference to problems that have been run into on the Fire Stations, did this go out to bid? Lt. Sweeney indicated that the architect selection process is one that is defined by law to which the Department has complied with. The process is that a request for qualifications is submitted, firms respond, based on evaluation criteria, they are shortlisted, the firms are then interviewed, they are then rank ordered and Edberg- Christiansen was the first ranking firm. Lt. Sweeney stated that he is fully confident that the law was complied with in the selection. To address the issue that was brought up by Chief Angelo in regards to the sub-contractor, the particular firm that they are having difficulties with is not specified in the library remodel contract. Lt. Sweeney .indicated that the firms that are listed in the contract are the same firms that were used in Corrections Facility project and that project was a success, it was on time and on budget. Moved to Consent Calendar. 5. "TEEN NIGHT CLUB ORDINANCE" - POLICE DEPARTMENT Chief Frederiksen indicated that this item is as urgent perhaps as the topless ordinance that was presented to the Committee a few months. Chief stated that they have found in other communities such as Seattle, Renton and others around the northwest that there is a propensity for the type of people who MINUTES FOR PUBLIC SAFETY COMMITTEE MEETING, Continued Page -7- January 19, 1989 are opening teen dance clubs to prey off the young people and they've found that there has been prostitution going on in this type of establishment, child abuse, drinking, drug use and the Department felt it essential to work with the Attorney's staff and find a method of addressing that problem before it confronts the City of Kent. Chief Frederiksen indicated that this ordinance is a pro-active approach to the problem and he stated that he would like to compliment Carolyn Lake for the superb job in putting the ordinance together. Chief referred any specific- questions to Ms. Lake. Mr. Biteman asked Ms. Lake for a brief overview. Ms. Lake indicated that the ordinance is a conglomeration of Renton and Redmonds ordinance. It requires any person wanting to put on a teen club to license with the City going through the Finance Department and the Chief of Police. There is an investigation undertaken to insure that the owner, applicant and employees haven't had felonies or convictions for prostitution, etc. It provides for a fee schedule and also an appeal process if they are denied the license. There is a provision for litter control, a bond for clean-up. There is a provision to provide that there is adequate security personnel . There is also an exemption for non-profit dances, such as the teen dance at the Cornucopia. Chief Frederiksen stated that they would like for the ordinance to go on the consent calendar for next Council meeting. Chief also indicated that another important point that should be brought up is that this prohibits the young people from leaving the dance and going out into the parking lot and then going back in without paying the fee. Chief said they feel it's quite important to prohibit that because from experience they've found that they go into the parking lot and drink and then try to re-enter the establishment. Paul Mann moved that this item be put on the Consent Calendar. Christi Houser seconded. Moved to Consent Calendar. 6. AGREEMENT FOR SERVICE/CREDIT NORTHWEST CORPORATION - POLICE DEPT. —� Chief Frederiksen indicated that the reasons for entering into this agreement are that the Police Department does background checks on all applicants for the job of police officer. It is essential that the Department .be able to look at the individual's past credit history as it tells alot about the credibility of the individual and whether or not there exists enough concern in the area of credit history that the Department should be concerned about the possibility of them being blackmailed or becoming involved in some scheme to obtain money outside their salary. MINUTES FOR PUBLIC SAFETY COMMITTEE MEETING, Continued Page -8- January 19, 1989 In addition, the Detectives quite commonly need to inquire about the location of suspects of criminal activity and one of the methods that is utilized very successfully in the past is by utilizing firms such as Credit Northwest to obtain that information. Chief Frederiksen indicated that the agreement has been reviewed by the City Attorney's office. They did have some concerns about certain areas of the contract, one being the hold harmless. The City Attorney's office did propose another contractual arrangement with the company, who refused to change the contract. There will also be a charge for each check that the Department engages in with the company, the charge is between $3. 00 and $6.50. Mr. Biteman asked City Attorney Driscoll for comments. Sandra Driscoll stated that they did review the contract and it is perfectly legal to enter into this contract, but they did have a couple of concerns. If the company won't change the contract, then it's our choice. Do we take their terms or do we not do it. Mr. Biteman asked if this is the Bellevue headquartered firm. Lt. Sweeney indicated that it is a national company that is headquarter on the East coast, but has offices located in Bellevue. Mr. Biteman indicated that he had worked for this company or one similar and that the Department should be aware that these firms are not like the government doing an investigation. That the depth of the information may not always be there. Chief Frederiksen stated that they certainly understand that they are providing the Department information and that that information has to be confirmed, but it certainly does give leads as to the location of suspects and provides information that is taken into conjunction with other background investigation. Mr. Biteman asked specifically what was being looked for. Chief Frederiksen indicated that he was requesting that this item be put on the consent calendar for approval for the Mayor's signature. Alana McIalwain asked if this would be used for both Union and non-union employees. Chief Frederiksen stated yes. Mr. Biteman asked if this is a check on prospective employees only. Chief Frederiksen yes, this is not something that would be used to check on current employees. It is to be used for applicants only. Christi Houser moved that this item be placed on the Consent Calendar. Paul Mann seconded the motion and stated that he felt it was a good thing. We don't want to hire people that are having problems. Mr. Biteman stated that he had occasion in the past when they hired an individual that came from Alaska. All it would have taken would have been phone call back to Alaska to have taken care of a problem that arose later that took lawsuits and everything else and nobody bothered to make the phone call and he thinks that this kind of thing could save us alot. Moved to Consent Calendar. MINUTES FOR PUBLIC SAFETY COMMITTEE MEETING, Continued Page -9- January 19, 1989 7. WORD PROCESSING POSITIONS - POLICE DEPARTMENT Chief Frederiksen stated that due to the automation advancements within the Department's computer system and the way that narrative is going to entered into the computer, we are finding currently by using Word Processing staff there is a redundancy necessary in the operation if it continued to information entered in Word Processing instead of within the Department itself. Word Processing currently has 1. 5 openings to fill within the budget. In an agreement that was reached after much discussion with City Administrator Brent McFall and Ron Spang, it was agreed that the Police Department would assume the portion of the word processing responsibilities that are now totally assumed by Word Processing and that the 1.5 positions would be moved from the staff of Information Services (Word Processing) to the Police Department. Those positions haven't been filled so the Department would have to go through a hiring process. In the examination of this complication, it was Chief Frederiksen's feeling that because the Police Department is a 24-hour operation and he was concerned that by having one full time position, plus a part-time position, that the Department would not be able to cover for vacations, sickness as well as they could with two full time positions. Also considered was the rapid increase in calls for service that are occurring in the Department and also the fact that eight new personnel were just added to staff. Chief Frederiksen stated that specifically what was being asked for is that in addition to the 1. 5 positions that are authorized, that it be authorized to increase the half-time position to a full- time position for the remainder of the budget year. The cost for doing that is approximately $12 ,832, to come from the City's contingency fund. Chief Frederiksen referred any technical questions to Lt. Sweeney and indicated that he did highly support this proposal, it's been reviewed by and supported by Ron Spang, plus it was supported and approved to come to Committee by former City Administrator Brent McFall. Mr. Biteman indicated that he wasn't sure if he understood what was taking place with this and requested clarification on the positions. The 1. 5 positions currently exist within the Information Services, but which are not currently filled. Mr. Biteman asked if these positions were allocated for Police support. Priscilla Shea from the Finance Department indicated that Information Services gets all of their funds from internal funds, so in effect, Police is already paying for those services Chief Frederiksen would like to have positions moved to the Police Department staff. Mrs. Houser asked if this was requested in the budget and Lt. Sweeney indicated that yes, but it was not approved for the Police Department. Priscilla Shea indicated that would do wonders for the Police Department, that it would help tremendously. Lt. Sweeney stated that this is an issue MINUTES FROM PUBLIC SAFETY COMMITTEE MEETING, Continued Page -10- January 19, 1989 that he's been involved in for 24-months and indicated that the Police Department has suffered for some time due to this. He also extended an invitation to any of the Committee members that would be interested to come to the Police Department and see the computer system. Lt. Sweeney indicated that this issue has to do with automation planning and making systems whole rather than fragmented and what they intend to achieve by having these two people taken from Information Service and given to the Police Department so that the Police Department can work them on the basis of a 24-hour day is that all of the master case text, the initial reports that are taken by officers in the field will be on line and available for the entire Department to inquire on and review in as short a turn-around as is possible. In essence, when the Chief goes into his office each morning, he will be able to electronically call up not only all the information that happened the day before and the text that is associated with it and have an understanding when he gets a phone call from say for instance Mrs. Manthey about what the issues were that resulted in the officer being sent to that home in the first place. Right now that does not exist for the Chief. Mrs. Houser questioned the rational for not putting this into the budget. Chief Frederiksen indicated that a couple of years ago they were looking into the possibility of getting software that would allow Word Processing to enter data directly into the Police Department system and so as this was trying to be developed, the issue of transferring people to the Police Department which was proposed was put on hold. Lt. Sweeney indicated that the Police Department software was acquired from a company that provides Public Safety software to a variety of police departments in the United States and there are some choices that can be made about how that software works and there are others that cannot. When the Department first acquired the software, the intent was to have Word Processing enter this narrative from their locale to the Police Department system. For reasons involving hours of work, holidays, weekends of work, some labor relations issues, some aesthetic issues about work environment and work climate, that never was achieved. Lt. Sweeney was directed to research and see about the development of another custom made piece of software that would make all this come together. Lt. Sweeney indicated that the Department has been through three different alternative scenarios about how to have the text available to the Department and haven't been able to implement any of them due to a variety of reasons. Lt. Sweeney stated what needs to be done is to have people in the Police Department working a schedule that the Department is able to assign them to, primarily evenings after report generation has been at its highest, enter data into the computer from worksites in the Police Department and not in Word Processing. Lt. Sweeney indicated that what this is is a reallocation of 1. 5 staff from the Information Services Word Processing Division to the Police Department and the MINUTES FOR PUBLIC SAFETY COMMITTEE MEETING, Continued Page -11- January 19, 1989 addition of .50 again. Mr. Biteman stated that when they first bought in on the automation project, they has asked specific questions about the needs of Fire and Police and the ability to coordinate through the main frame and other coordinations and they were promised that all of those things could take place. He stated he didn't have an objection to the what is being requested but that he did have a strong need for more information and wanted to walk through this with the Department in order to understand it a little more specifically. Lt. Sweeney indicated that the best way for this to be done would be to visually demonstrate the deficiency of the current system and what will be achieved by the change. Chief Angelo said that he thought the Committee needed to be aware that that is what Information Services was intending to do with Info Comp. When that system broke down there was less of an opportunity for Information Services to make their system mesh with the Police Department system and therefore, he feels the intent has always been there but now with the software alternative that are out there that out of necessity these things are going to happen. Mr. Biteman stated that he fully understood the immediacy of the requirements of the Police Department. Jim Harris commented on the fact that years ago there was the need for centralized word processing system. Now the City is slowly getting out into a dispersed sort of system and he feels that this is very timely of the Police Department to tack on two of these people, because he thinks in time that the Word Processing center may slowly disappear, they may have one or two operators in there. He stated that in Planning they now have 13 computers with de-centralized word processing and they never go near Word Processing anymore. It is much more timely and cost effective for them to do it in their own office. He also stated that with the Police Department the particular needs are at night away from another work station, they need their own work station. Mr. Biteman stated that he had no problem with it outside of understanding it. Mr. Mann indicated that he fully understood what was being asked for and approved of it and would it be possible to go forward with it with out 100% approval. Mr. Biteman asked if it was necessary to have an answer at this meeting. Chief Frederiksen indicated that they could certainly schedule a special meeting if necessary after the Committee was afforded the opportunity to walk through the system with Lt. Sweeney. Lt. Sweeney suggested that if at all possible could it be approved to go on the next consent calendar contingent upon the Committee satisfactorily receiving more information. If the Committee decided after going over the system that they were not comfortable with the proposal then it could be pulled from the consent calendar. Mr. Biteman asked if this was indicating that this was an urgent situation and Lt. Sweeney and Chief Frederiksen both indicated that yes, it was a very critical situation. Mr. Biteman stated that if he understood it correctly, that it was merely displacing 1. 5 MINUTES FOR PUBLIC SAFETY COMMITTEE MEETING, Continued Page -12- January 19, 1989 personnel from one location to another because of the need for functional coordination and asked where the additional .50 person was coming from. Chief Frederiksen indicated that what was being asked was that the funds come from the City's contingency fund, the amount to be $12,832 . Mr. Mann commented that he felt that this was not unreasonable, that it was not anticipated in the budget, and in his opinion, streamlining the system. Mr. Biteman asked if anyone had any reservations about the matter and everyone indicated that they felt it was needed. Mr. Biteman stated that he would make a point to get with Lt. Sweeney this afternoon to walk through the system. Mr. Mann moved to approve this and put it on the Consent Calendar. Mrs. Houser seconded. Moved to Consent Calendar. 8. MANAGING THE INTERNAL AFFAIRS FUNCTION SEMINAR - POLICE DEPT. Chief Frederiksen indicated that this is a request submitted by himself, supported by the Mayor to allow three staff members (Chief Frederiksen, Capt. Rees and Capt. Miller) to attend the "Managing the Internal Affairs Function" seminar in Las Vegas, Nevada. As the Committee is aware, as the Police Department went through the Lowery matter in the Civil Service Hearing, there was concern expressed by the Union regarding the process that was undertaken by the Department. Chief Frederiksen stated that he still feels very strongly that the Department conducted a proper investigation and followed professional standards for this type of investigation as well as legal standards, he stated that he didn't want to be closed minded to think that they didn't need to be updated on all of the latest happenings in the area and understand case law as it affects the Department process. Chief stated that he felt that this seminar would be a very good expenditure of funds and would allow the Department to evaluate their internal process and make improvements if necessary and also look at the policy within the Department to be sure it complies with the latest standards. Mrs. Houser commented that she felt that this is something that she feels should be done. Mrs. Houser moved to approve to send three people to the seminar and to have the item put on the consent for approval. Mr. Mann seconded the motion. Mr. Biteman commented that particularly because of the recency of this very crucial decision and the fact that it's happened before in the last 5 years, that he feels that it is not only essential but hopefully that the individuals concerned relate what they learn. Chief Frederiksen stated that the idea and direction certainly is going to be that this information is brought back and that in a timely manner, training I MINUTES FOR PUBLIC SAFETY COMMITTEE MEETING, Continued Page -13- January 19, 1989 is put on to all supervisory personnel as to what is learned at the seminar as well as reviewing the policy to make any changes that may be necessary. Moved to Consent. Meeting Adjourned. I