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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 07/17/1990 ■ cit 0 v f Kent . Cit J Meeting y Counci A enda g r� 1 .N �e Mayor Dan Kelleher Council Members Judy Woods, President Steve Dowell Leona Orr Jon Johnson Christi Houser Jim White Paul Mann July 175 1990 office of the city clerk CITY COUNCIL MEETING July 17 , 1990 Summary Agenda City of Kent Council Chambers Office of the City Clerk 7 : 00 p.m. NOTE: An explanation of the agenda format is given on the back of this page. CALL TO ORDER ROLL CALL 1. PUBLIC COMMUNICATIONS ,,A. Proclamation - National Recreation and Parks Month Proclamation - National Night Out Presentation - Centennial Quilt 2 . PUBLIC HEARINGS Campbell Appeal - S. 218th St. Rezone Six-Year Transportation Improvement Plan --- 1991 Budget 3 . CONSENT CALENDAR Minutes Bills --C� Contribution to Task Force Bill of Sale - Fred Meyer Bill of Sale - Hemlock Acres No. 17 SFr. Bill of Sale - Hunters Run Too -6� Bill of Sale - Wildberry hf. Bill of Sale - Shannon Short Plat ,,Y Tree Preservation Ordinance ,1 [ 3 ", _T:" Central Telephone System Upgrade Hemlock Acres Final Plat Meeting Date Electronic Home Detention System - Resolution Window Washing Contract Elevator Service Contract _4 Solictation for Sale or Purchase of Narcotics - Ordinance 3 Staffing for City Attorney's Office 4 . OTHER BUSINESS ,�A Kent East Corporate Park Rezone Bond Purchase Contract and Ordinance CLID 328/334 South 218th St. Rezone RZ-90-2 5 . BIDS Council Chambers Sound System 6. CONTINUED COMMUNICATIpO'NS 7 . REPORTS _- _8 . EXECUTIVE SESSION OF APPROXIMATELY 20 MINUTES REGARDING LITIGATION. Action is anticipated. 9 . ADJOURNMENT PUBLIC COMMUNICATIONS Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A. Prg,,clamation - National Recreation and Parks Month B. Proclamation - National Night Out C. Presentation - Centennial Quilt 'I r� i Kent City Council Meeting Date July 17 , 1990 Category Public Hearings 1. SUBJECT: APPEAL - S0. 218TH ST. REZONE 2 . SUMMARY STATEM NT: Council consideration of the Hearing Examiner's recommendation should be considered before this hearing. See Item 4C. This public hearing will consider an appeal by Lawrence M. Campbell from the Hearing Examiner's recommendation of denial of an application to rezone 7 .76 acres from CM-11 commercial manufacturing, to M-2, limited industrial. The property abuts the south side of So. 218th St. from approximately 820 feet east of 84th Ave. So. to the Drainage District No. 1 drainage ditch. 3 . EXHIBITS: Appeal form (see additional information in Other Business section 4C) 4 . RECOMMENDED BY: Hearing Examiner May 30 1990 (Committee, Staff, Examiner, Commission, etc. ) Denial 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT• CLOSE HEARING: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to approve/deny the appeal; if approved, to allow City staff to condition the approval and to direct the City Attorney to prepare the necessary ordinance. DISCUSSION• ACTION• Council Agenda Item No. 2A .q rC 11 Ei r' Office of the City Clerk l L 220 S . a th �Uf'1 12 1990 9yoj 8-2-3370 CJ�-Y City of Kent rl7 0,�' KEW Order for Transcript for ERK Appeal from Decision of Hearing Examiner Resolution 896 Ordinance 2233 Date -TUNE /2 / 970 Appeal filed CZ -90 Appellant ' s Name LAWRENCE M, CANPB6L L - APPG/CANT Address /607 SO• GENreAC AVE. Solr6 A -/ Aev WA 98032 Phone 8$'¢ z¢70 Hearing Examiner ' s File No . SOUTAf 2/ Te STReET Date of Hearing Examiner Public Hearing_�Q_ Date of Hearing Examiner ' s Decision 111A O / 0 Notice of appeal must be filed with the City Clerk within 14 days of the action taken by the Hearing Examiner and must be accompanied by a $25 filing fee . Treasurer ' s Receipt # / 2 7 g S� Within 30 days of the Hearing Examiner ' s decision, the appellant shall order from the City Clerk a full transcript of the hearing held before the Hearing Examiner and must post at the time of the order, security in the amount of $100 for each tape to be transcribed . If the actual cost incurred by the City exceeds the amount posted, the appellant shall be required to reimburse the City fcr the excess amount. If the cost is less tham the amount posted , any credit due will be returned to the appellant. p Order for Transcript received —f Treasurer ' s Receipt # z 7 8 s �� (100 . 00) 1 Kent City Council Meeting �1 Date July 17 , 1990 U Category Public Hearings 1. SUBJECT: 1991-1996 SIX-YEAR TRANSPORTATION IMPROVEMENT PLAN (TIP) 2 . SUMMARY STATEMENT: This date has been set for a public hearing on the update of the City's Six Year Transportation Improvement Plan. The Director of Public Works will review the projects included in this year's TIP. 3 . EXHIBITS: Array of projects for six year TIP 4 . RECOMMENDED BY: Hearing Examiner. May 30 1990 (Committee, Staff, Examiner, Commission, etc. ) Denial 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ — SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT• CLOSE HEARING: 7. CITY COUNCIL ACTION: ii Councilmember 6 moves, Councilmember GJc1 seconds Mh--h e:artng= be =c�� that Resolution No. be adopted approving the 1991-1996 Six Year Transportation Improvement Plan. r, DISCUSSION• ACTION• Council Agenda Item No. 2B RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, adopting the Six-Year Transportation Improvement Program 1991 to 1996. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Six-Year Transportation Improvement Program 1991 to 1996, as set forth in the attachments hereto and herewith filed with the City Clerk, is hereby adopted. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of 1990. Concurred in by the Mayor of the City of Kent, this day of , 1990' DAN KELLEHER, MAYOR ATTEST: MARIE JENSEN, CITY CLERK APPROVED AS TO FORM: SANDRA DRISCOLL, CITY ATTORNEY I hereby certify that this is a true and correct copy Of Resolution No. passed by the City Council of the City of Kent, Washington, the day of 1990' (SEAL) MARIE JENSEN, CITY CLERK 8660-300 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 1991 - 1996 WASHING70N Don E. Wickstrom, P.E. Director of Public Works NLO Q '3'S '3Atl H vi 2� O N ti - r Cc a z w = - w 3'S '3Atl HIVOL : O OC - CL O F x R► - H'A'3 H.LN30: 0CL N - Z Q nunu►n►►►► nuu►u►n u� Cc Q : Cc - Q � w } � p X -• •,� - N •� �i N 5�� SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 1991 TO 1996 PROJECT LISTING ANNUAL ELEMENT 1991 (First Year) Priority 1990 1991 ANNUAL ELEMENT 1991 17 1 272nd/277th St Cor. Project - Auburn Wy to Kent-Kangley 8 2 196th/200th St Cor. Project - Orillia Rd to WVH (West) 23 3 196th/200th St Cor. Project - WVH to EVH. X 4 Metro Park & Ride Lot - Interchange with I-5 & SR 516 18 5 SE 256th St. and 104th Ave. SE. 19 6 SE 260th St. and 104th Ave. SE. X 7 76th Ave. S. and S. 212th St. X 8 Military Road & Reith Road. X 9 Reith Rd. and Kent-Des Moines Rd. (SR 516) . 20 10 Central Ave. (SR 516) - Willis St. to Smith St. 30 11 SE 256th St. - Kent-Kangley Rd. to 116th Ave. SE. 3 12 72nd Ave. S. - S. 194th St. to S. 196th St. 10 13 Crow Road By-Pass (SR 516) . 6 14 Railroad Grade Crossing Replacement (City-Wide) . 13 15 Canyon Drive - Hazel Ave. to Weiland St. 7 16 Canyon Drive Guardrail Replacement. 22 17 East Valley Highway - S. 180th St. to S. 192nd St. 12 18 64th Ave. S . - S . 212th St. to Meeker St. X 19 77th Ave. S . - S . 202nd St. to S . 212th St. X 20 VMS Upgrade SECOND/THIRD YEAR 1992-1993 27 21 James St. and Central Ave. 29 22 Kent-Kangley Rd. and lllth Ave SE. X 23 72nd Ave S. and S. 212th St. X 24 100th Ave SE and SE 240th St. X 25 Lincoln Avenue and James Street X 26 WVH to 1st Ave/Meeker St/Lincoln Ave/Smith St. 1 27 Military Rd. - S . 228th St. to SR 516 . X 28 4th Ave - Willis St. to James St. X 29 James St. - 94th Ave S. to 100th Ave. S . X 30 James St. - Alvord Ave. to Hazel Ave. X 31 S . 212th St. - WVH to 84th Ave. S. X 32 S. 228th St. - Military Rd. to 68th Ave S . (SR 181) . 11 33 WVH - S. 180th St. to S . 189th St. 5 34 City-Wide Traffic Signal Installation and Impvt. 4th. 5th & 6th YEARS 1994 24 35 Central Ave. and S 259th St. 26 36 N. Central Ave. and Smith St. X 37 4th Ave. S. and Willis St. 21 38 SE 240th St. and 104th Ave. SE. X 39 101st Ave. SE and SE 256th St. X 40 94th Ave S - Canyon Dr. to James St. 28 41 SE 248th St. - 94th St. to 116th Ave SE. SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 1991 TO 1996 PROJECT SUMMARY City/County Kent, Washington Hearing Date _ City No 0615 Adoption Date_ County No. 17 Resolution No --------------------------------- -----=------------------------------------ P PROJECT IDENTIFICATION I PROJECT COSTS IN THOUSANDS OF DOLLARS r I I I DESCRIPTION OF WORK OBLIGATION I FUNDING SOURCE ]TOTAL 0 SCHEDULE I------------------------------i r (Street name or number, I Y E A R (FEDERAL ! I (FUNDS i Co. road name or number, ! 89 90 91 92-94 ! ] I I t termini beginning & end. 11st 2nd 3rd 4,5 ! Pro-1AMT TIB!Local I y Describe work to be done.) !Annt 6th IAMT gram! I I No !Elmt I ! ! I --------------------------------------------------------------------------------------------- ------------------------------------------------------------------ I CITY COUNCIL TARGET ISSUES - 1ST YEAR ! 1 I ! I 1 ! ! I--------------------------------------------------I........................................................... 1 IS. 272nd/S. 277th St. . Aubrun Way to Kent-Kangley! 4161 ! 4288 ! 5526 1 2305 1 1 14652 TIBI 1628 1 16280 !Construct new four/five lane roadway including I ! I I I I ! !curb & gutter, sidewalk, street lighting, ! I ! I 1 Ichannelization, new bridge construction & signal a! I ! I I I I (Kent-Kangley Rd. I I ! I I I 2 IS 1961200th Corridor Improvement (West Leg) 1 468 1 2233 ! 2904 1 1 1 5044 TIBI 561 1 5605 10rillia Rd. to West Valley Highway !Major widening of S. 200th St, from Orillia Rd. ! ! ! I !to the Russell Rd., curb & gutter, sidewalk, ! ! ! ! ! I ! ! ]lighting, grading, paving, construct bridge over !Green River, install a new signal at Orillia Rd., ! ! ! I I 1 Iminor realignment of Russell Rd, at Green River, Irechannelization of Russell Rd./S. 196th St. ! I (from Green River to West Valley Highway. This is !a joint project with King County and Tukwila. ! ! ! ! ! ! ! I 3 !S. 196th/200th St. Corridor Imp. (Middle Leg) ! 941 ! 1706 ! 6032 ! 8820 ! 1 15750 TIBI 1750 ! 17500 (West Valley Highway to East Valley Highway I ! ! ! ! I ! I !Construct new four/five lane roadway provide major! ! ! ! ! I I [widening improvements to S. 196th St. from West I !Valley Highway to 72nd Ave.S., construct a bridge ! I ! (structure over UP & BN railroad tracks, major (widening of S. 196th St. from 78th Ave. S. to ! I I !East Valley Highway, install traffic signal a ! ! ! I !East Valley Highway & S. 196th St, with street ! ! ! ! 1 ! I I !lighting, sidewalk & channelization. ! ! I ! ! I I I I ------------------- ------------------------------------------------- 4 (Metro Park & Ride Lot ! 1440 ! 960 ! I ! 2160 TIBI 240 1 2400 (Expansion of present Metro facility Located at I I ISR•516 & Military Rd. to accommodate between !200-300 vehicles. I I I SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 1991 TO 1996 PROJECT SUMMARY City/County Kent, Washington Hearing Date City No 0615 Adoption Date County No. 17 Resolution No. P PROJECT IDENTIFICATION ! PROJECT COSTS IN THOUSANDS OF DOLLARS I r ! I I ! DESCRIPTION OF WORK OBLIGATION ! FUNDING SOURCE (TOTAL o I SCHEDULE !------------------------------I r (Street name or number, ! Y E A R !FEDERAL I 1 !FUNDS ! Co. road name or number, 1 89 90 91 92-94 ! 1 1 1 t termini beginning & end. 11st 2nd 3rd 4,5 1 Pro-IAMT TIBILocal I y Describe work to be done.) !Ann[ 6th !AMT gram[ I I No !Elmt ! I I I --------------- --- - -------------------- ------------------------------- -- -- I INTERSECTIONS - 1ST YEAR I ! ! ! ! ! I I i..................................................................... 5 ISE 256th St. and 104th Ave SE ! 700 ! 1 1 ! 1 630 TIBI 70 1 700 [Intersection improvements to include: Widening of! ! ! ! I 1 I 1 1104th Ave. to provide a double exclusive I I I I ! I ! Isouthbound left-turn lane, install a right turn ! ! ! ! 1 ! I ! lonly lane on the northeast corner cf SE 256th St ! ! ! I t 1 I& 104th Ave., rechannelize SE 256th St. between ! ! ! ! ! 1 1104th Ave & Kent-Kangley Rd/SE 256th St., & ! 1 ! ! I ! ! ! !provide siginalization & channetization ! ! ! ! ! I I I limprovemnets at SE 256th St & Kent-kangtey Rd.. ! ! ! ! ! ! ! ! I !------------------ -----------------------------I--------------.----- 6 ISE 260th St. and 104th Ave SE ! 350 1 ! ! 1 175 TIB! 175 ! 350 [Intersection improvements to include minor ! ! I ! I ! I ]widening of 104th Ave. S.E. for northbound left ! I ! I I I Iturn lane. New signal & interconnect, curb, ! ! ! ! ! ! ! I [gutter, and sidewalk. I ! I ! I I I !----------- ---•-- ---------•-------—------. 7 176th Ave S. & S. 212th St. ! 50 ! ! 42 FAUS! t 8 ! 50 (Rebuild the traffic island in the SE and SW ! I ! I ! 1 ! !corners of 76th Avenue S. at 212 St for an ! ! ! I I ! ladditional NB left lane. ! ! ! I I I !--------------------------------------------------------------------- 8 !Military Road & Reith Road ! 50 ! ! ! 42 FAUS! ! 8 ! 50 (Remodel existing intersection and provide new ! ! ! ! ! I ! I Idetection and controller. ! ! ! 1 ! 1 ! -•--------------- ------•--•----..-..-----...------....-----.....---- 9 1Reith Road and Kent-Des Moines Road (SR-516) ! 15 ! ! 1 ! 12 FAP 1 I 3 ! 15 !Rechannelize Reith Road west of Kent-Des Moines Rd! ! ! ! ! ! Ito add an eastbound right turn lane. Provide left! ! ! ! I ! I !turn protected phasing & channetization for west ! ! ! ! ! !leg of intersection. ! ! ! ! ! ! ! I ! ! ! ! I I I SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 1991 TO 1996 PROJECT SUMMARY City/County Kent, Washington Hearing Date City No 0615 Adoption Date_ County No. 17 Resolution No.__ -------------- ------- P PROJECT IDENTIFICATION ! PROJECT COSTS IN THOUSANDS OF.DOLLARS I r ! ! ! i DESCRIPTION OF WORK OBLIGATION I FUNDING SOURCE (TOTAL 0 ! SCHEDULE I ------------------I r (Street name or number, ! Y E A R IFEDERAL I I IFUNDS i Co. road name or number, 1 89 90 91 92-94 ! 1 1 ! t termini beginning & end. list 2nd 3rd 4,5 1 Pro-IAMT TIBILocal I y Describe work to be done.) IAnnl 6th !AMT gram! I I No !Elmt ! I I I I STREET SEGMENTS - 1ST YEAR ! ! ! I 1 ! I I 1--------------------------------------------------!----------------- -------.------------------------------*---------•-- I ! I ! ! I 1 ! I 10 ICentraL Ave. (SR-516) Willis St. - Smith St. ! 370 1 723 1 ! 1 1 984 TIBI 109 1 1093 !Minor widening to include northbound right turn ! I ! ! I I ! (lane At Titus St., two way left turn lane, storm I ! I ! 1 I I I (drainage & channelization. ! 1 ! I I I I I 1 [* Central Ave. & Gowe St. ) ! ! ! ! I ! ! ! I1----------------- --------------------------------------------------- 11 !S.E. 256th St. - Kent-Kangley Rd. to 116th Ave SE ! 493 ! 557 ! ! 1 1 945 TIB! 105 ! 1050 Ilmprovements to include roadway widening, drainage! ! ! Icurb, gutter & sidewalk, lighting, paving, ! ! ! I ! IchanneLizati On, signing & landscaping ! ! ! ! ! ! I ! ! !--------------------------------*-----------------I------------------ 12 172nd Ave. S. - S. 194th St. to S.196th St. 1 250 ! ! 1 ! 1 ! 250 1 250 (Construction of a new two lane roadway with ! ! ! I I I Icurb & gutter, sidewalk, grading, paving, street ! ! I I ! I !lighting, channelization and landscaping. ! I ! ! ! ! I !----------------- ----------------------- --------------------------- 13 !Crow Road By-Pass (SR-516 By-Pass) 1 900 ! ! ! 1 ! ! 900 ! 900 !Minor widening to improve turning radius at ! ! ! ! ! ! I I 197th Pt. S. & Canyon Dr. and SE 260th St & 108th ! ! ! ! ! I I (Ave SE, with signalization at Kent-Kangley Rd. I ! ! ! ! ! I ! I(SR-516) & 108th Ave SE also include curb & ! ! ! ! ! ! I ! !gutter, sidewalks, lighting, grading, paving, ! ! I ! Ichannelization and signing. ! ! ! ! ! ! I I I---•----------------------------------------------I---------------- ------------------.---------------- ! MISC. IMPROVEMENT PROJECTS - 1ST YEAR ! ! ! ! I I I I-------------------------------------------------- I---------------- -------------.-...-..------------------------------- 14 !Railroad Grade Crossing Replacement (City-Wide) ! 120 ! ! 108 RRP ! 1 12 1 120 (City wide railroad crossing replacement ! 1 ! I ! ! I I (program. ! ! ! ! ! ! ! I ! ! ! ! ! ! SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 1991 TO 1996 PROJECT SUMMARY City/County Kent, Washington Hearing Date City No 0615 Adoption Date_ County No. 17 Resolution No.__ ------------------------------------------------------------------ - -------------------------------------------- ---------------------- ----- ! PROJECT COSTS I P PROJECT IDENTIFICATION N THOUSANDS OF DOLLARS ! r I I 1 i DESCRIPTION OF WORK OBLIGATION ! FUNDING SOURCE (TOTAL o ' ! SCHEDULE !-----------------•....._..--•-1 r (Street name or number, I Y E A R IFEDERAL I ! [FUNDS i Co. road name or number, 1 89 90 91 92.94 1 1 1 1 t termini beginning & end. 11st 2nd 3rd 4,5 ! Pro-!AMT TIB1Local I y Describe work to be done.) IAnnl 6th IAMT graml I I No !ELmt I ! 1 ! --------------------------------- ---------------------------------------------------=----------------------------- I PROJECTS ALREADY FUNDED 1 ! ! ! I I I ! ................................................... I i I I I 1 1 1 15 (Canyon Dr. (SR-516) Hazel Ave. - Weiland St. 1 740 1 ! ! 1 62 FAUSI 666 TIBI 12 1 740 (Addition of Left turn lanes a Hazel, Smith, I 1 ! ! I HES I I I I& Weiland St. to include curb, gutter & sidewalk, ! I ! ! ! ! I I Ichannelization & drainage, remodel existing I I I I I [traffic signal a Smith St., & Jason Ave. & add I ! ! ! I I I ladvance warning flasher 1 ! ! I 1 ! 1 I I !-•----------------- -------I-_---- 16 !Canyon Drive Guardrail Replacement 1 20 ! ! ! I 18 HES 1 1 2 1 20 IRepLace existing cable wire guardrail system ! I ! ! I I I Ion the southwesterly side of Canyon Drive S.E. ! ! ! ! ! ! I I I !---------------- ----------------------•-----•-•_-----•-----••-----•- 17 (East Valley Highway (S 180th St.-s 192nd St.) 1 1083 ! 2917 ! ! 1 3600 TIBI 400 ! 4000 ]Major widening to five lanes, provide drainage, ! ! ! I I I Isidewalks, curb & gutter, lighting, landscaping, I ! ! ! ! 1 (paving, underground utilities, bridge, and signing! ! ! ! I I ] I ! I------------------------------------------------------- ----•-' 18 164th Ave. S. - S. 212th St. to Meeker St. 1 688 ! 3187 ! 2125 ! ! ! 1 6000 ! 6000 [Construction of new roadway on 64th Ave. S. from I ! ! ! I I I ] IS. 212th St. to James St., roadway widening from I I ! ! ] ! ! [James St. to Smith St. and signals a 5.212th St., I ! ! ! ! I ! ! IS. 228th St., James St. & Meeker St. I I ! ! ! ! I 1 ! !---------------- -------•-•------ ----.. 19 177th Ave. - S. 202nd St. to S. 212th St. 1 1300 ! 1 ! ! 1 1300 1 1300 [Widen roadway to 3 lanes with curb, gutter & I ! I I ! I I I Isidewalk, drainage, paving, channelization, I I ! ! I I I ] Istreet lighting & landscaping. Install new traffic! I I ! ! ! I ! Isignal a 77th Ave. S. & S. 212th St.. ! ! I I I I I I I !----------------- --•--------_----- ------ 20 [VMS Upgrade ! 150 1 ! 1 125 FAUS! I 25 ] 150 IRepLace existing Traffic Signal Computer with new ! 1 ! I ! I I ]upgraded computer system. ! ! 1 ! ! ! ! ! I ! ! I I ! SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 1991 TO 1996 PROJECT SUMMARY City/County Kent, Washington Hearing Date City No 0615 Adoption Date County No. 17 Resolution No. --------------------------------------------------------=--------------------- ------------------------------------------ P PROJECT IDENTIFICATION ! PROJECT COSTS IN THOUSANDS OF DOLLARS I r I I I i DESCRIPTION OF WORK OBLIGATION I FUNDING SOURCE (TOTAL 0 SCHEDULE 1 ...--I r (Street name or number, 1 Y E A R !FEDERAL I I IFUNDS i Co. road name or number, ! 89 90 91 92-94 1 1 ! ! t termini beginning & end. 11st 2nd 3rd 4,5 1 Pro-!AMT TIBILocaL 1 y Describe work to be done.) IAnnL 6th IAMT gram! ! l No !Elmt ! I I ! ---------------------------- -------------------- I INTERSECTIONS - 2ND & 3RD YEAR ! ! ! ! ! I ! I I-----------------.......------...-----------------!..................................................................... � I I I I ! ! ! I 21 !James St. and Central Ave. 1 ! 100 ! ! ! 8 FAUS! 90 TIBI 2 1 100 (Minor widening of intersection to accomodate I I ! ! I ! I I la westbound right turn lane at northwest corner. I 1 ! I ! 1 ! ! ! -------------•-----••----•-•-••--------------------------- 22 (Kent-Kangley (SR-516) and 111th Ave SE ! ! 1 10 1 1 8 FAUSI 1 2 1 10 (Traffic signal interconnect. ! I ! I I I I I 1 1----------- 23 172nd Ave S. & S. 212th street. ! 1 ! 50 1 I 42 FAUSI 1 8 1 50 !Install a westbound right turn lane at northeast I I ! I ! ! !corner of intersection. I I ! ! ! 1 I ! II---------------------------------•-----------•---------.--------..... 24 I100th Ave S.E. & S.E. 240th St. 1 1 30 ! ! 25 FAUS! 1 5 1 30 !Install pedestrian protection for eastbound & ! ! ! ! 1 Iwestbound travel, and provide loop detection. 1 ! I ! I I I !------------------ ----- 25 ILincoLn Ave. & James St. I 1 130 1 I 1 1 1 130 ! 130 Ilnstall a traffic signal at the intersection of I 1 1 1 1 1 1 ILincoLn Ave. & James St. with vehicle detection I I I ! ! ! ! I I& opticom. Provide interconnect to existing 1 I ! ! ! ! I 1 (pedestrian signal and railroad signal approximate[! I ! I ! I ! I 1100 feet to the east. Installation requested I ! I ! I I I I !by Metro to accommodate transit vehicles. I 1 ! ! ! ! I I ! I I ! ! ! ! I .------...- I STREET SEGMENTS . 2ND & 3RD YEAR l ! I ! I I I ! -•-------------- ------------------ ------------------._.--.--------• I I I I ! ! ! 1 I 26 ISmith St. - West Valley Hwy. to 1st Ave. ! 15 ! 1 1 1 15 1 15 Ilnstall a two-way left turn lane. ! I ! ! ! ! l ! (* 4th Ave. & Smith St. I I ! ! ! ! I !•--------------- 27 IMilitary Rd. S. 228th St. to SR-516 ! I 202 11148 ! 1 1 1215 TIBI 135 1 1350 (Widen roadway to 5 lanes with curb, gutter & I ! ! ! ! I I ! !sidewalk. Provide drainage, paving, I I ! I I I I I Ichannelization, street lighting & landscaping. ! I ! I I I I II---------------- ---------------------------------------------I------ SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 1991 TO 1996 PROJECT SUMMARY City/County Kent, Washington Hearing Date City No 0615 Adoption Date County No. 17 Resolution No. P PROJECT IDENTIFICATION ! PROJECT COSTS IN THOUSANDS OF DOLLARS I r ! 1 ! i DESCRIPTION OF WORK OBLIGATION I FUNDING SOURCE (TOTAL o 1 SCHEDULE I----------------•----------.--I r (Street name or number, ! Y E A R IFEDERAL I I !FUNDS i Co. road name or number, 1 89 90 91 92-94 1 ! I 1 t termini beginning & end. !1st 2nd 3rd 4,5 ! Pr0-IAMT TIB!Local I y Describe work to be done.) SAnnl 6th IAMT gram! I I No lElmt ! I I I 28 14th Ave. . Willis St. to James St. ! ! I 10 ! 1 1 1 10 1 10 l[nstall 2 way left turn lane. [* 4th & Gowe St.) I ! I ! ! ! ! ! 1 1----------------— ------ 29 (James St. . 94th Ave. S. to 100th Ave. S. ! 30 1 ! 25 FAUSI 1 5 1 30 (install traffic signal interconnect between 100th ! ! ! ! I ! ! lAve. S. & 94th Ave. S., new controller and loop ! I ! ! ! ! ! Idetection at the at the intersection of 94th Ave. 1 ! ! ! ! I I I S. & James St. I ! ! I ! I ! ! I----------—------ -------------------------------------•-----•----- 30 (James St. - Alvord Ave. to Hazel Ave. ! ! 1 250 ! 1 225 HES I 1 25 1 250 !Provide widening for left turn movements into ! ! ! ! ! ! I (Church of the Nazarene. ! ! ! ! ! ! ! I II------------------ -------------------------------------•---------_-_ 31 IS. 212th ST. - West Valley Hwy. to 84th Ave. S. ! ! 600 1 3400 ! ! ! 3600 TIBI 400 1 4000 (Widen to seven lanes with drainage, paving, ! I I ! I I ! ! Isidewalks, curb & gutter, lighting, landscaping, I ! ! I I I ! I lunderground utilities, channelization & signing. ! ! ! ! ! ! I I [* 72nd Ave. & S. 212th St. 1 ! I I ! ! ! ! ! I I I I ! ! I ! 1--------------------------------------------------I------------------ -----.--._--_-_--------•-•.----------_----------- I CITY COUNCIL TARGET ISSUES - 2ND & 3RD YEAR I I I I I I I I 1--------------------------------------------------I------------------ -----------------•_--------.. I ! I I ! I I I I 32 IS. 228th St. - Military Rd. to SR-181 ! 1 748 1 610 ! 5642 1 l 6300 TIBI 700 1 7000 (Construct new roadway for S. 228th St., from I ! I I I ! I I 154th Ave. S. to Military Rd. & improve S. 228th Stl I I I ! 1 I I (from 54th Ave. S. to 64th Ave. S.. I ! l ! I ! ! I I !•-•---••-----•---------------------•----------------.-_----•--....... 33 (West Valley Highway (S 180th-S 189th) ! ! 65 ! 505 ! 2130 ! 1 2430 TIBI 270 I 2700 !Major widening of West Valley Highway to ! I I I I I l I !include curb & gutter, sidewalks, lighting 1 I ! ! ! I ! I Igrading, paving, channelization, signalization, ! ! I ! ! I I Isigning, and landscaping. I I ! ! ! ! I I ! ! I ! ! I SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 1991 TO 1996 PROJECT SUMMARY City/County Kent, Washington Hearing Date City No 0615 Adoption Date County No. 17 Resolution No. P PROJECT IDENTIFICATION I PROJECT COSTS IN THOUSANDS OF DOLLARS ! r ! I I i DESCRIPTION OF WORK OBLIGATION ! FUNDING SOURCE ITOTAL O ! SCHEDULE I-----------•---------•--------I r (Street name or number, ! Y E A R [FEDERAL I I [FUNDS i Co. road name or number, 1 89 90 91 92-94 1 1 1 1 t termini beginning 8 end. !1st 2nd 3rd 4,5 ! Pro-IAMT TIBILocal I y Describe work to be done.) !Annl 6th !AMT gram! I I No lElmt ! I I ! I MISC. IMPROVEMENT PROJECTS - 2ND & 3RD YEAR ! ! ! ! ! ! ! ! I--------------------------------------------------!----------------- -... I ! I ! I I ! I I 34 [City-Wide Traffic Signal Installation & Imp. 1 1 273 1 1 1 227 FAUSI 1 46 1 273 [Add new traffic signals & provide traffic signal ! ! I I ! ! Imodifications adding protected/permissive phasing ! I I I I I I let various intersection locations. ! I ! t ! ! I I 1--------------------------------------------------I----------------- --------------.....----------------I--------------- I INTERSECTIONS - 4TH, 5TH, & 6TH YEAR ! ! ! ! I I I I I---•--•------•------------------------------------ ----------------- -----------------------------..-------------------- I I ! ! ! ! I ! I 35 ICentrat Ave. and S. 259th St. ! ! ! 13D 1 108 FAUS! 1 22 1 130 !Install two phase traffic signal, street lighting ! ! I I I I I& channelization. I ! ! ! I I ! ! ! !----------------- ----------------------------------•-----•---------- 36 !N. Central Ave, and Smith St. ! ! I 500 ! 417 FAUS! ! 83 1 500 ]Add a new double left turn lane, channelization, I ! ! ! ! ! I I !street lighting, signal upgrade & signing. ! ! ! ! ! 1 1 I II----------------- ---------------------------------------•------- 37 ]4th Ave. S. & Willis St. ! I 1 ! 25 1 21 FAUS! 1 4 1 25 Ilmprovements to include: modifying westbound mast 1 1 ! 1 1 1 I 1 larm, installing Protected/Permissive phasing and I ! ! ! ! I (providing loop detection. ! ! I I I I ! ! ! I----------------- ---------------------.------I--------------------- 38 !S.E. 240th St. and 104th Ave. S.E. I 1 150 ! 125 FAUS! ! 25 1 150 !Construct additional eastbound acceleration ! I ! I I I [lane on James St. approximately 600 feet east of ! I ! ! ! I ! I [the intersection & add protected/permissive phase.! ! ! I I ! I I !----------------- -----------------------------------------I--------- 39 1101st Ave. S.E. & S.E. 256th St. ! I ! ! 1 25 FAUS[ 1 5 1 30 Ilnstall pedestrian protection for eastbound & ! ! 1 1 1 Iwestbound travel, and provide Loop detection. ! ! I ! I I I I ! ! ! ! I I I SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 1991 TO 1996 PROJECT SUMMARY City/County Kent, Washington Hearing Date City No 0615 Adoption Date County No. 17 Resolution No. P PROJECT IDENTIFICATION I PROJECT COSTS IN THOUSANDS OF DOLLARS I r I I ! i DESCRIPTION OF WORK OBLIGATION I FUNDING SOURCE (TOTAL o ! SCHEDULE I -------I r (Street name or number, I Y E A R !FEDERAL I I IFUNDS i Co. road name or number, 1 89 90 91 92-94 1 1 ! 1 t termini beginning & end. !1st 2nd 3rd 4,5 1 Pro-!AMT TIB!Local I y Describe work to be done.) !Ann! 6th IAMT gram! I I No !Elmt ! ! i I I STREET SEGMENTS . 4TH, STH, & 6TH YEAR ! I ! ! ! ! I I --------------------------------------------------1--------------------- I ! ! ! ! I I I I 40 194th Ave. S. . Canyon Dr. to James St. I 1 1 1 800 1 1 720 TIBI 80 I 800 (Widen to 3 lanes with curb, gutter & sidewalk. I ! I I I I I (Provide drainage, paving, channelization, ! 1 ! ! ! I ! I Isigning, street lighting & landscaping. ! ! ! ! ! I I I I !...---•-•------•-----------------••--------------.-..-..-.-------.... 41 1248th St. . 94th Ave S.E. to 116th Ave S.E. ! ! I 1775 1 ! 1597 TIBI 178 1 1775 (Widen to 3 lanes with curb, gutter & sidewalk. ! ! ! ! ! I ! (Provide drainage, paving, channelization, 1 ! I 1 I ! Isigning, street lighting & landscaping. ! ! ! ! ! I ! I I [" 94th Ave. S.E. & 248th St. I ! I I 1 I ! --------------------------------------------------- I TOTAL 114289 118749 !22585 ! 22277 1 1665 1 60558 1 15708 1 77931 N Q N LO '36 S '3Ab HI 9L L N P • a N A� F00 - Z ` W00 m ,W '3 S 3Ad HIVOL in - 00 to ��� M C w• CM T � T ♦ 11 � i (A OC Q LL'H'A'3 it ll 1N33 x = 0 cc ao N �lluu Illlul . T T CL N 'Ill Ily N Z 'H'A'M M lltlllllllltlll Illlllllllll�lllll cc ,• • T Q 0) W N } : x Z Cl) co N 5—� SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: S. 272nd/S. 277th St. Corridor Project - Auburn Way to Kent-Kangley Rd. DESCRIPTION: (Project length 2.27 Mi . ) Construct a new four/five lane roadway with curb and gutter, sidewalk, street lighting, channelization. Provide new bridge across Green River and install new traffic signal at either S. 116th St. or S. 132nd St. and Kent-kangley Rd. . SUMMARY: Preliminary Engineering. . . . . .$ 1 ,979,000 Right Of Way. . . . . . . . . . . . . . . . .$ 3,521 ,000 Construction. . . . . . . . . . . . . . . . .$ 10,780,000 Total . . . . . . . . . . . . . . . . . . . .$ 16,280,000 FUNDING SOURCE: TIB, LID, CITY PROJECT COST: ist Yr 4 , 51 Annual Element 2nd Yr 3rd- ----Yr �_-&_6th Yr--�----Total - ---- 4,161 ,000 4,288,000 5,526,000 2,305,000 16,280,000 `s 1 i� MnA' \ Il 2eoiN Il IL It K NIL L . tcxoa N Jf0!/O/n [ NICN JCN 1L MTH Sf�� IVTN IT CI LI s ^ IT 1 It 1]0IN It s I UL 17II1 CO If 211IT IT )xxo I1 E IlNN It It I1 11NIN IT I 1VI T I1]IITN le1N Y^1 IL 11 ]111N It — � RUBURN n n 1 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: S. 196th/S. 200th St. Corridor Project - Orillia Rd. to West Valley Highway (West Leg) DESCRIPTION: (Project length 1 .40 Mi . ) Major widening of S. 200th St. from Orillia Rd, to Russell Rd. , curb & gutter, sidewalk, lighting, grading, paving, construct bridge over Green River, install a signal at Orillia Rd. , minor realignment of Russell Rd. at Green River, rechannelization of Russell Rd./S. 196th St. from Green River to West Valley Highway. This is a joint project with King County & Tukwila. SUMMARY: Preliminary Engineering. . . . . .$ 837,000 Right Of Way. . . . . . . . . . . . . . . . .$ 767 ,000 Construction. . . . . . . . . . . . . . . . .$ 4,001 ,000 Total . . . . . . . . . . . . . . . . . . . .$ 5,605,000 FUNDING SOURCE: TIB, LID, CITY PROJECT COST: 1st Yr 4, 5, Annual Element 2nd Yr 3rd Yr & 6th Yr Total ----------------------------------------------- ---------- ---- ----- 468,000 2,233,000 2,904,000 5,605,000 \0!M IYOIM!t M g � !� 5 • 12dTK ft w t9NGL E L 91rE AW \ 1 w ! iN ft ,0\1M ff L BOEJNG REROSPFCE . .� _ 2 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: S. 196th/S. 200th St. Corridor Project - West Valley Highway to East Valley Highway DESCRIPTION: (Project length 1 .00 Mi. ) Construct new four/five lane roadway, provide major widening improvements to S. 196th St from West Valley Hwy. to 72nd Ave. S. , construct bridge over UP & BN tracks, major widening of S. 196th St. from 78th Ave. S. to East Vallley Hwy. , install traffic signal at East Valley Hwy. & S. 196th St. with lighting, sidewalk & channelization. SUMMARY: Preliminary Engineering. . . . . .$ 2,762,000 Right Of Way. . . . . . . . . . . . . . . . .$ 1 ,000,000 Construction. . . . . . . . . . . . . . . . .$ 13,738,000 Total . . . . . . . . . . . . . . . . . . . .$ 17,500,00(t FUNDING SOURCE: TIE, LID, CITY PROJECT COST: 1st Yr 4, 5, Annual Element 2nd Yr 3rd Yr & 6th Yr Total --------------------------------------------------------------------- 941 ,500 1 ,706,500 6,032,000 8,820,000 17,500,000 4L x[t Ex fI ! lOOIM]i n ! i II�II, OOfM 3t ! 130 TM ST 3 IO3x0 !T 31X0 S 3 � SOIM Sr � ] IlVTN ST E ^ � c nrx Sr 3:0 N3 a s lV 3. Swn St W 1 0 iM !T 3 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: Metro Park & Ride Lot - Interchange with I-5 & SR-516 DESCRIPTION: Expansion of present Metro facility located at SR-516 and Military Rd. to accomodate between 200 & 300 vehicles. SUMMARY: Preliminary Engineering. . . . . .$ 400,000 Right Of Way. . . . . . . . . . . . . . . . .$ 0 Construction. . . . . . . . . . . . . . . . .$ 2,000,000 Total . . . . . . . . . . . . . . . . . . . .$ 2,400,000 FUNDING SOURCE: TIB, City PROJECT COST: 1st Yr 4 , 5, Annual Element 2nd Yr 3rd Yr & 6th Yr Total ------------------------------------------------------- ---- ----- 1 ,440,000 960,000 2,400,000 b'.tAMOY/FM /NifK a' I yq a NITH at 5 A"ENI-NIGH[ANDS FC FNOF/C C t �3 N/ONN I' !NrC,?CN1q1V6E w a faun et Y f : NlGNL/Nf CONNUNlI/ I ar e COC 16. aala 9 on it/ON9Y a esaN JxorJ nu a a aN € ON/VE-!N `I ° "0 I I V¢ JWaoa 1 e�aalN�L I ' ,AIR 4 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: S.E. 256th St. and 104th Avenue S.E. DESCRIPTION: (Project length .09 Mi . ) Intersection improvements to include: widening of 104th Ave. to provide a double, exclusive southbound left-turn lane, install a right turn only lane on the northeast corner of S.E. 256th St between 104th Ave. & Kent-Kangley Rd/S.E. 256th St. , & provide signalization & channelization improvements at S.E. 256th St & Kent-Kangley Rd. . SUMMARY: Preliminary Engineering. . . . . .$ 105,000 Right Of Way. . . . . . . . . . . . . . . . .$ 50,000 Construction. . . . . . . . . . . . . . . . .$ 545,000 Total . . . . . . . . . . . . . . . . . . . .$ 700,000 FUNDING SOURCE: TIB, City PROJECT COST: 1st Yr 4, 5, Annual Element 2nd Yr 3rd Yr & 6th Yr Total ---------------------------------------------------------- ---- ----- 700,000 700,000 f� •• SL YI TN IT IR T R M ,b • � { GU L I(Ni1M,f ITT N RCI IT y I SL L1 m CRR/US It S T � /RRN OCM IT A"ENJ i SS\iM { R " IpER/0/AN i IV Q/SCNOO( £NST HI [ < L eL ie.Tx ,T 3[111 iN eT NNIL$1 KENI MENJ f' CENTER eR — LL 211Ti CENfJERJ JN/R aus °°L � e1, • SCEN/C N!L L { eE le4ix Si SS SL 31oTN R S t1 MO JCNOJL < :t � JfOUR/R ° YN/cN JCR Q TO Lwi_x 1r �fy1 .-.... U .. I RR•1. __ __ 5 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: S.E. 260th St and 104th Avenue S.E. DESCRIPTION: (Intersection) Intersection improvements to include: minor widening of 104th Ave. S.E. for northbound left turn lane. Install new signal & interconnect, curb & gutter, & sidewalk. SUMMARY: Preliminary Engineering. . . . . .$ 52,000 Right Of Way. . . . . . . . . . . . . . . . .$ 0 Construction. . . . . . . . . . . . . . . . .$ 298,O00 Total . . . . . . . . . . . . . . . . . . . .$ 350,000 FUNDING SOURCE: TIB, CITY PROJECT COST: 1st Yr 4 5, Annual Element 2nd Yr 3rd Yr & 6th Yr Total f ------------------------------------ - 350,000 350,000 To, - x aca[r ,., er I � m J =1 r x cnnrvJ u rnnr 6 n x ecx 3 x Rfnr fR101,9N N GN SCHOOL FAST H/ 5 te[rx ie t °ol"xr e[ teerx or f[if erx f[ xeplt]i nEN! nEM! �'� cfnerfnr JNln r(ve�'r ? CENTER in JCFN/C Nn rnie'r xeorx er fe t f WHO SCNOO( X M •� JfOUOIF � N/6N JCN ` SE }eerx _ •fir w`rtr 6 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: 76th Avnue S. and S. 212th St. DESCRIPTION: (intersection) Rebuild existing traffic island at the southeast and southwest corners of 76th Ave. S. at S. 212th St. for an additional northbound 'left turn lane. SUMMARY: Preliminary Engineering. . . . . .$ 8,000 Right Of Way. . . . . . . . . . . . . . . . .$ 0 Construction. . . . . . . . . . . . . . . . .$ 42,000 Total . . . . . . . . . . . . . . . . . . . .$ 50,000 FUNDING SOURCE: FAUS, CITY PROJECT COST: 1st Yr 4 , 5, Annual Element 2nd-- Yr3rd-Yr---- --&-5th Yr-- ----Total ----� - ----------------------- ---- -- 50,000 50,000 ��{{ rx It ] [°]!x• It d ]20l1[\101 00£1N6 A£R4FSP9C£ X ] etx It JO rx—s a B'BBIEN E J4B.] BNfEB f[fN. lf4f B/ , Ix]I Saw& ]Iii t J JJ i � J { Ilan]t f iPtX II I ' xl eix II yqz— GBBBISBA ] u° t 7 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: Military Road & Reith Road DESCRIPTION: (Intersection) Remodel existing intersection and provide new detection and controller. SUMMARY: Preliminary Engineering. . . . . .$ 10,000 Right Of Way. . . . . . . . . . . . . . . . .$ a Construction. . . . . . . . . . . . . . . . .$ 40,000 Total . . . . . . . . . . . . . . . . . . . .$ 50,000 FUNDING SOURCE: FAUS, CITY PROJECT COST: 1st Yr 4 , 5, Annual Element 2nd Yr 3rd Yr & 6th Yr Total ----------------------------------------------------------------------- 50,000 50,000 t nroNAr � enrx r I; �e ' LANOFI(C a h j 8 trr,N Se rN er e 151 N ' xrlrN ee (FAf COr a 1eOrN IT ltNllcA fr /AAd e¢era a r� e ie2x0 er rn e runo a 2 eexeeeer ix o' xnnrmx 0 a{ pc der a Enw o+' rorrw Nf[SM'� o �rw�nm6M 8 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: Reith Road and Kent-Des Moines Road (SR-516) DESCRIPTION: (Project length .05 Mi . ) Rechannelize Reith Rd. west of Kent-Des Moines Rd. to add an eastbound right turn lane. Provide left turn protected phasing & channelization for utest leg of intersection. SUMMARY: Preliminary Engineering. . . . . .$ 5,000 Right Of Way. . . . . . . . . . . . . . . . .$ 0 Construction. . . . . . . . . . . . . . . . .$ 10,000 Total . . . . . . . . . . . . . . . . . . . .$ 15,000 FUNDING SOURCE: FAP, CITY PROJECT COST: 1st Yr 4 , 5, Annual Element 2nd Yr 3rd Yr & 6th Yr Total ---------------------------------------------------------------------- 15,000 15,000 h Anet IT [JIJ HIONNY t tM JMOIJ 3"IT G " elf DA/Yf—/N a " nurreu "`r nawa i o /xnf € k.1JA 1MfF/.W ltlM nM10 �� Y I1LlN( fi rmf C"5e eAr J1MI/bryI ? nrra nn nr p ri4rx IT � 9 zz zarrx pT i /JIOJ/AY or LANOfJCL @ p � e i= 'Sir, SITx fr - — 9 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: Central Avenue (SR-516) - Willis St. to Smith St. DESCRIPTION: (Project length .38 Mi . ) Minor widening to include a northbound right turn lane at Titus St. ,. two-way left turn lane, storm drainage & channelization_ SUMMARY: Preliminary Engineering. . . . . .$ 63,000 Right Of Way. . . . . . . . . . . . . . . . .$ 307,000 Construction. . . . . . . . . . . . . . . . .$ 723,000 Total . . . . . . . . . . . . . . . . . . . .$ 1 ,093,00; FUNDING SOURCE: TIB, CITY, STATE PROJECT COST: 1st Yr 4 , 5, Annual Element 2nd Yr 3rd Yr & 6th Yr Total ---------------------------------------------------------------------- 370,000 723,000 1 ,093,000 yeses n s(aim IT KCKr /AAACM3 ]\I]r IT ]PX IT CRTKOMJ r(AIf(fIo JCL( I /MA ri aA A.W _ a P]no ■ =Aloe ]xT rx AT n �❑V sx]rx n : XeePen IT a 4®lycJ❑ € m (� ❑❑ ' i J7 • 19 2\tIX 11 0 qM ]1 IR 1X A A fPgn IT J Qtui Kn]OX IT PTr ♦Y 9 F . x CAW IT IT K Is' F(AF m STA. s un ]1 � CAK/UJ� IAAK x X(nLOCA r :� KENl enrol 10 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: S.E. 256th St. - Kent-Kangley Road to 116th Avenue S.E. DESCRIPTION: (Project length .64 Mi .) Improvements to include: roadway widening, drainage, curb & gutter, sidewalk, street lighting, paving channelization, signing & `landscaping. SUMMARY: Preliminary Engineering. . . . . .$ 157,000 Right Of Way. . . . . . . . . . . . . . . . .$ 336,000 Construction. . . . . . . . . . . . . . . . .$ 557,000 Total . . . . . . . . . . . . . . . . . . . .$ 1 ,050,000 FUNDING SOURCE: TIB, LID, CITY PROJECT COST: 1st Yr 4, 5, Annual Element 2nd Yr 3rd Yr & 6th Yr Total ----------------------------------------------------------------------- 493,000 557,000 1 ,050,000 + 5[ urx n ee sr xa m ,b 1 wlet e5ex er 1 r r ° x ctce It tr It]: m CFrt/UJ — !l /A1K X W N 6N SCHOOL f931 N/ t meLMeT IT 5[ `rx 'T ` 51 ttt lM IT FN Lt fT l RCM/ .rFNr b ,' CENTER r slim It :slT CENf/fiTf JN/N C[ua °°[ �° ^r,♦ _ JffN/f N/L /AM s[[leix IT a It ieerx n f as Ma Jf000/A SC tlY rM 55 I 'ttYf 11 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: 72nd Avenue S. - S. 194th St. to S. 196th St. DESCRIPTION: (Project 'length . 13 Mi . ) Construction of a new two lane roadway with curb & gutter, sidewalk, grading, paving, street lighting, channelization and landscaping. SUMMARY: Preliminary Engineering. . . . . .$ 37,000 Right Of Way. . . . . . . . . . . . . . . . .$ 100,000 Construction. . . . . . . . . . . . . . . . .$ 113,000 Total . . . . . . . . . . . . . . . . . . . .$ 250,000 FUNDING SOURCE: CITY PROJECT COST: 1st Yr 4 , 5, Annual Element 2nd Yr 3rd Yr & 6th Yr Total ------------------------------------------------------------------------ 250,000 250,000 el Y +_ Y A a Ie IN RY/f � y \NWV R IRII O � yyTi law Are i Z A Rr[e ie lx PVC 11IN Av[e '1 ( IIII{/II/I eO IN\Ve f �~ 12 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: Crow Road By-Pass (SR-516) DESCRIPTION: (Project length .35 Mi . ) Minor widening to improve turning radius at 97th Pl . S. & Canyon Drive, and S.E. 260th St. & 108th Ave. S.E. , with signalization at Kent-Kangley Rd & 108th Ave. S.E. also include curb & gutter, sidewalks, lighting, grading, paving, channelization and signing. SUMMARY: Preliminary Engineering. . . . . .$ 135,000 Right Of Way. . . . . . . . . . . . . . . . .$ 150,000 Construction. . . . . . . . . . . . . . . . .$ 615,000 Total . . . . . . . . . . . . . . . . . . . .$ 900,000 FUNDING SOURCE: DEVELOPER PROJECT COST: 1st Yr 4, 5, Annual Element 2nd Yr 3rd Yr & 6th Yr Total ------------------------------------------------------------------------- 900,000 900,000 cu lseneex fr ' JI 9T� Fr I(LER/0/FN Yi zevx NIIGN SCNOO( EAST N/ xqt xUr e[ [eeix er xq[l[xl drew! .rfN! si, i cenerenr JwlN aua CENIEN A r`x E JCen/C Nil rde'x'r 1[[ION xl le a N/C NIL[ °C ie xp JfN00[ . ♦ JEOUO/R h NrfN JC u xevx ° Nye I ee zu x er ! 13 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: Railroad Grade Crossing Replacement (City-Wide) DESCRIPTION: City wide railroad crossing replacement program. SUMMARY: Preliminary Engineering. . . . . .$ 10,000 Right Of Way. . . . . . . . . . . . . . . . .$ 0 Construction. . . . . . . . . . . . . . . . .$ 110, 000 Total . . . . . . . . . . . . . . . . . . . .$ 120,000 FUNDING SOURCE: RRP, CITY PROJECT COST: 1st Yr 4, 5, Annual Element 2nd Yr 3rd Yr & 5th Yr Total ---------------------------------------------------------------------- 120,000 120,000 NO MAP 14 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: Canyon Drive - Hazel Avenue to Weiland St. DESCRIPTION: (Project length .50 Mi . ) Addition of left turn lanes at Hazel Ave. , Smith St. & Weiland St. to include: curb & gutter, sidewalk, channelization & drainage, remodel existing traffic signal at Smith St. & Jason St. , and add advance warning flasher. SUMMARY: Preliminary Engineering. . . . . .$ 111 ,000 Right Of Way. . . . . . . . . . . . . . . . .$ 300,000 Construction. . . . . . . . . . . . . . . . .$ 329,000 Total . . . . . . . . . . . . . . . . . . . .$ 740,000 FUNDING SOURCE: HES, FAUS, TIB, CITY PROJECT COST: 1st .Yr 4, 5, Annual Element I 2nd Yr ( 3rd Yr I & 6th Yr I Total ------------------------------------------------------------------------ 740,000 740,000 I II i -- K � F t n TM T O� six , r ❑O r 1[ rtx IT T � e 1xM 1r Gull WIN 1r r4 K !J f!^f Ucl 1r c. 7152N 5r € !!^. un 1r x rarrut � x n I<[ r ^ KENr nr H 6N sCN00L fHs7 NJ vqL Mir R 15e tx 1T MIL[ 1T KEN/ KEN! cfnfrfnr Jv1K el u^ E T CENrEH �4'L, � T T if/^/C NlL a 15 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: Canyon Drive Guardrail Repalcement DESCRIPTION: (Project length .50 Mi . ) Replace existing cable wire guardrail system on the southwesterly side of Canyon Drive S.E. . SUMMARY: Preliminary Engineering. . . . . .$ 5,000 Right Of Way. . . . . . . . . . . . . . . . .$ 0 Construction. . . . . . . . . . . . . . . . .$ 15,000 Total . . . . . . . . . . . . . . . . . . . .$ 20,000 FUNDING SOURCE: HES, CITY PROJECT COST: 1st Yr 4, 5, Annual Element 2nd Yr 3rd Yr & 6th Yr Total ----------------------------------------------------------------------- 20,000 20,000 Llun � F e W 7 5 xueG 5f n STY SF n Se RN F rN r i UcJ � 1 N F` 0❑ U qY 5i SAM SF nNC fM „O O WIOCn]OY Sr � /J� ErJF 5 I Y CRGO SF Si I (_ un 5r x C.vnYus F anJ e eLecF sf � dENJ ni sr �` IpEA/O/AN H.{GN SCNOOL EAST N/ Y9L YVF ]C 359TH IT MILE 5t dENr ,fEN7 �s Y [EnErfnr — ^ mmmrrrr7rq X"T"r W, 16 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: East Valley Highway — S. 180th St. to S. 192nd St. DESCRIPTION: (Project length .78 Mi .) Major widening to five lanes, provide drainage, sidewalk, curb and gutter, street lighting, landscaping, paving, underground utilities, bridge improvements and signing. SUMMARY: Preliminary Engineering. . . . . .$ 600,000 Right Of Way. . . . . . . . . . . . . . . . .$ 483,000 Construction. . . . . . . . . . . . . . . . .$ 2,917 ,000 Total . . . . . . . . . . . . . . . . . . . .$ 4,000,000 FUNDING SOURCE: TIB, LID, CITY PROJECT COST: 1st Yr 4, 5, Annual Element 2nd Yr 3rd Yr & 6th Yr Total ------------------------------------------------------------------- 1 ,083,000 2,917,000 4,000,000 s IO rM er! f f n lilt All ! � N11 VALLEY xxr. r0 XO r t 1 YNLCEP FNEENAP , � t, I i lzxa r c rrr ern rxcene raielr no — -tiM r� J it— - 17 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: 64th Avenue S. - S. 212th St. to Meeker St. DESCRIPTION: (Project length 1 .74 Mi . ) Construction of new roadway on 64th Ave. S. from S. 212th St. to James St. , widen roadway from James St. to Smith St. & instal') new traffic signals at S. 212th St. , S. 228th St. , James St. & Meeker St. SUMMARY: Preliminary Engineering. . . . . .$ 283,000 Right Of Way. . . . . . . . . . . . . . . . .$ 405,000 Construction. . . . . . . . . . . . . . . . .$ 5,312,000 Total . . . . . . . . . . . . . . . . . . . .$ 6,000,000 FUNDING SOURCE: LID PROJECT COST: 1st Yr 4 , 5, Annual Element 2nd Yr 3rd Yr & 6th Yr Total ---------------------------------------------------------------------- 688,000 3, 187,000 2,125,000 6,000,000 lU�/J � a qV Y 1 �a 34 z � YY qY ] P 4a^ ] MO FYC ] 1 Imo[M Y 1 ICIIQ qY[ � � L XCOIM SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: 77th Avenue S. - S. 202nd St. to S. 212th St. DESCRIPTION: (Project length .64 Mi . ) Widen roadway to three lanes with curb & gutter, sidewalk, drainage, paving, channelization, street lighting & landscaping. Install new traffic signal at 77th Ave. S. & S. 212th St. . SUMMARY: Preliminary Engineering. . . . . .$ 200,000 Right Of Way. . . . . . . . . . . . . . . . .$ 200,000 Construction. . . . . . . . . . . . . . . . .$ 900,000 Total . . . . . . . . . . . . . . . . . . . .$ 1 ,300,000 FUNDING SOURCE: LID PROJECT COST: 1st Yr Annual Element 2nd Yr 3rd Yr &a6th Yr Total --------------------------------------------------------------------- 1 ,300,000 1 ,300,000 : a zoo x 11 � JM/Ni L 1, xxxx0 el x fT i V I e zaerx n e BOE/NG HEROSPACE � axon RF e xo rx� w/ 4 o snitH �/ fz fH. JJJ �s Tx T SCHOOx s� xlx f r J n b 19 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: VMS Upgrade DESCRIPTION: Replace existing Master Traffic Signal Computer with new upgraded system. SUMMARY: Preliminary Engineering. . . . . .$ 0 Right Of Way. . . . . . . . . . . . . . . . .$ (i Construction. . . . . . . . . . . . . . . . .$ 150,000 Total . . . . . . . . . . . . . . . . . . . .$ 150,000 FUNDING SOURCE: FAUS, CITY PROJECT COST: 1st Yr 4 5 Annual Element 2nd Yr 3rd Yr & 6th Yr Total ------------------------------------------------------------------------ 150,000 150,000 NO MAP 20 x LO N N Q in '3'S '3Ad H19L1 v 0 v N N / a I- z W CM 2 N 9 '3'S '3AV H1bOG < W 0 } cc : N 0 a cc N Owl o �, �sG=a's r 06 F- H� HA3 N o� M N _ •3 d "id 1N33 Z r INC.[ ► O 0 N N N W G. lumn) inN f� ►r►r►► r z ' H'A M Q M � cc. th i W o Z X n N Ir r N 5�� SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: James St. and Central Avenue DESCRIPTION: (Intersection) Minor widening of intersection to accomodate a westbound right turn lane at northwest corner. SUMMARY: Preliminary Engineering. . . . . .$ 10,000 Right Of Way. . . . . . . . . . . . . . . . .$ 0 Construction. . . . . . . . . . . . . . . . .$ 90,000 Total . . . . . . . . . . . . . . . . . . . .$ 100,000 FUNDING SOURCE: FAUS, TIB, CITY PROJECT COST: 1st Yr 4, 5, Annual Element 2nd Yr 3rd Yr & 6th Yr Total ----------------------------------------------------------------------- 100,000 100,000 Q MC lM x MO 5 s s n r a n ct, KENJ W s ` REROR C n Y § PARK V ISM rt ci NRONS F c ox IrE CN E/EL O: s x mn sr ezHr tunas see sr cn...arr rurrcno � rr .veto rxaxexn041 a xc „.fiDe n rx sr 3WH r Q �a 0 I.F.�Y �o o❑ 0� 0 o,. ,r 21 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: Kent-Kangley Rd. and 111th Avenue S.E. DESCRIPTION: (Project length .49 Mi . ) Install traffic signal interconnect cable for 104th Avenue S.E. and S.E. 256th St. to Kent-Kangley Rd. and Ill th Avenue S.E. . SUMMARY: Preliminary Engineering. . . . . .$ 0 Right Of Way. . . . . . . . . . . . . . . . .$ 0 Construction. . . . . . . . . . . . . . . . .$ 10,000 Total . . . . . . . . . . . . . . . . . . . .$ 10,000 FUNDING SOURCE: FAUS, CITY PROJECT COST: 1st Yr q 5, Annual Element 2nd Yr 3rd Yr & 6th Yr Total ----------------------------------------------------------------------- 10,000 10,000 8 ii CNN/4J — L: /NNA' S P oe W E t[ EN/O/NN SyI MTN N.�(N SCHOOL EAST NI ]t [S[IM IT [[iT NENf s JNIN rim MEWC NIL : J PAW IT[[olx$I � 9 N^ � NIC MILL f[� JCNML ; t JEOMIN N/CN JCN ![ ltt IN ff It il[X IT 22 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: 72nd Avenue S. and S.212th St. DESCRIPTION: (Intersection) Install a westbound right turn lane at the northeast corner of intersection. SUMMARY: Preliminary Engineering. . . . . .$ 10,000 Right Of Way. . . . . . . . . . . . . . . . .$ 0 Construction. . . . . . . . . . . . . . . . .$ 40,000 Total . . . . . . . . . . . . . . . . . . . .$ 50,000 FUNDING SOURCE: FAUS, CITY PROJECT COST: 1st Yr C 4 , 5, Annual Element 2nd Yr 3rd Yr & 5th Yr Total ------------------------------------------------------------------------- 50,000 50,000 1x n e ioe ix )1 8MIN6 AE60SP/7CE � oe lx 1t O'EF/fn i I f[En. 11x Ct JCNOOL flt1 I("�I eeelx 31 f xtetx]t yk ` t 1I01H et 23 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: 100th Avenue S.E. and S.E. 240th St. DESCRIPTION: (Intersection) Install pedestrian protection for eastbound and westbound travel , and provide loop detection. SUMMARY: Preliminary Engineering. . . . . .$ 0 Right Of Way. . . . . . . . . . . . . . . . .$ 0 Construction. . . . . . . . . . . . . . . . .$ 30,000 Total . . . . . . . . . . . . . . . . . . . .$ 30,000 FUNDING SOURCE: FAUS, CITY PROJECT COST: 1st Yr j 4 , 5, Annual Element 2nd Yr 3rd Yr & 6th Yr Total ---------------------------------------------------------------------- 30,000 30,000 On it xxxhx IN ,renr anon t � j qqK � xanx rl @ sx a ` x11ST IT IR S d s SKIT" ! x T ^ n y J„ • S YI Tx ST 11/'�y1 0 KA StAl 1 24 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: Lincoln Avenue and James St. DESCRIPTION: (Intersection) Install a traffic signal at the intersection of Lincoln Avenue and James St. with vehicle detection and opticom. Provide interconnect to existing pedestrian signal and railroad signal approximately 100 feet to the east. Installation requested by Metro to accomodate transit vehicles. SUMMARY: Preliminary Engineering. . . . . .$ 19,000 Right Of Way. . . . . . . . . . . . . . . . .$ 0 Construction. . . . . . . . . . . . . . . . .$ 111 ,000 Total . . . . . . . . . . . . . . . . . . . .$ 130,000 FUNDING SOURCE: METRO PROJECT COST: 1st Yr A , 5, Annual Element 2nd Yr 3rd Yr & 5th Yr Total ------------------------------------------------------------------------ 130,000 130,000 5 Y ceu ,yfN7 V f ` NENOR L ((I IfM 1f LA fIELO� urr I ` JMnIJ ACMr /I rfl i IMfi(I [R1gMS /(q!f/(1 0 q/K o•1 ' Y 1Y,( O E An 'KnKM ® ❑❑ o-nY �� Y nt([EI1 ( --� f LOINS! 40vt fil 0M 25 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: Smith St-/Lincoln Avenue/Meeker St. - West Valley Highway to 1st Avenue DESCRIPTION: (Project Length .76 Mi . ) Install a two-way left turn lane. SUMMARY: Preliminary Engineering. . . . . .$ 5,000 Right Of Way. . . . . . . . . . . . . . . . .$ 0 Construction. . . . . . . . . . . . . . . . .$ 10,000 Total . . . . . . . . . . . . . . . . . . . .$ 15,000 FUNDING SOURCE: CITY PROJECT COST: 1st Yr 4, 5, Annual Element 2nd Yr 3rd Yr & 6th Yr Total ------------------------------------------------------------------------ 15,000 15,000 Y ME ' ` nfnaR t g V � PF/7K ` orrx n [ ]zvrx ]T z< ° [A 11 1&O� I axe]]T ] rx SMwJ ]RR]r [OMnCWJ r[.Irf/fC0 ` MOSER nursFT[ rMu d ! �r ,RAM RW _ •`• ]SRPO Alm [Y[f[OGIlf x � O� ur x � s RI T 1 RC TO b ]RRR ]T it r I Rrn r�; r � c N CRRG]T f R J f/,1F m JLI. : n 26 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: Military Rd_ - S.228th St. to SR-516 DESCRIPTION: (Project Length .57 Mi . ) Widen existing roadway to five lanes with curb and gutter, and sidewalk. Provide drainage, paving, channelization, street lighting and landscaping. SUMMARY: Preliminary Engineering. . . . . .$ 202,000 Right Of Way. . . . . . . . . . . .$ 0 Construction. . . . . . . . . . . . . . . . .$ 1 , 148,000 Total . . . . . . . . . . . . . . . . . . . .$ 1 ,350,000 FUNDING SOURCE: TIB, LID, CITY PROJECT COST: 1st Yr I I 5, Annual Element 2nd Yr 3rd Yr I b 6th Yr ITotalI ---------------------------------------------------------- ---- ----- 202,000 1 , 148,000 1 ,350,000 OES MO NES loin of EL ff. JfM L.iNNOYIEN ]1]IM Si ti~ f Zi ly�M J a KEN7-NIGNCRNOS \ F LR1VOf14L V� I O ] + �IONRY 11vIE8CHRN6f ]x]ax] E Y � r N/6N1 IN£ I ' 60NNUNIrr ' �^ — GOL L EGE + o — fors S&WS N10N,9r xnxr 27 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: 4th Avenue - Willis St. to James St. DESCRIPTION: (Project Length .62 Mi . ) lnstall a two-way left turn lane. SUMMARY: Preliminary Engineering. . . . . .$ 2,000 Right Of Way. . . . . . . . . . . . . . . . .$ 0 Construction. . . . . . . . . . . . . . . . .$ 8,000 Total . . . . . . . . . . . . . . . . . . . .$ 10,000 FUNDING SOURCE: CITY PROJECT COST: 1st Yr 4, 5, Annual Element 2nd Yr 3rd Yr & 6th Yr Total ------------------------------------------------ --------------------- .10,000 10,000 C ONS= LA f/EL 97 _ c JMe! Ir 1 oix n' AfAI Met# 5 ]epi IT ]nn II y CMAOMJ A/fIng i i Af/A eI� rl EET 3 � ] JFL( rm)r 7� ro MY AJOf _ It as r )n I IN ]! •—�— n[N N r' ❑❑ C E ❑❑ 0 nerg IT nr o nx n ec ri n ]RM EHI O 4U lee n]ex 11 /\l\ nt] s Y A JJs M n40 IT n IT nd f/Af x i r JJA. s M1 ]i CNA/US i IRAK � x nex ea t x9 KENJ ��rnt rsr IpER/O/NN 28 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: James St. - 94th Avenue S. to 100th Avenue S. DESCRIPTION: (Project Length .38 Mi . ) Install traffic signal interconnect between 100th Avenue S. and 94th Avenue S. , provide new controller and -loop detection at the intersection of 94th Avenue S. and James St. . SUMMARY: Preliminary Engineering. . . . . .$ 10,000 Right Of Way. . . . . . . . . . . . . . . . .$ J Construction. . . . . . . . . . . . . . . . .$ 20,000 Total . . . . . . . . . . . . . . . . . . . .$ 30,000 FUNDING SOURCE: FAUS, CITY PROJECT COST: 1st Yr 4 , 5, Annual Element 2nd Yr 3rd Yr & 6th Yr I Total ------------------------------------------------------------------------ 30,000 30,000 , [ xa i Mil P xOv qC lM INJA �_ 5 x , ' r If 233RO zs Tx r[ Y .ME /%Oi NENf e NENOR G — PgRA' RSRH It Ci elyINS ec 6 - .q'FIR O: _— e!orx er Jnrr IO/10fr � xr l sr sr rA L'Q°YONJ fL�rFJfLO ' N _ IDE _ r � xITM s ^ i Ia � snr rx r SE r 1 00 � n 29 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT- James St. - Alvord Avenue to Hazel Avenue DESCRIPTION: (Project Length . 14 Mi .) Provide widening and channelization improvements for left turning movements into the Church of the Nazarene_ SUMMARY: Preliminary Engineering. . . . . .$ 10,000 Right Of Way. . . . . . . . . . . . . . . . .$ 50,000 Construction. . . . . . . . . . . . . . . . .$ 190,000 Total . . . . . . . . . . . . . . . . . . . .$ 250,000 FUNDING SOURCE: HES, CITY PROJECT COST: 1st Yr 4 , 5, Annual Element 2nd Yr 3rd Yr & 5th Yr Total ----------------------------------------------------------------------- 250,000 250,000 �6 txt� i P 01AC tx a Nn xl([ -N.t - a x�xt REND ' e ' REROR L g j PRRM u WIN rt ' er xr sa+otx MIT ,r OMS PLC/F/Li0 elex!!e T > d rN 11 z ,xtrN r �GN x, as o - �--� o nx n 30 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: S. 212th St. - West Valley Highway to 84th Avenue S. DESCRIPTION: (Project Length 1 .00 Mi .) Widen existing roadway to seven lanes with drainage, paving, sidewalk, curb and gutter, street lighting, landscaping, underground utilities, channelization and signing. SUMMARY: Preliminary Engineering. . . . . .$ 600,000 Right Of Way. . . . . . . . . . . . . . . . .$ 0 Construction. . . . . . . . . . . . . . . . .$ 3,400,000 Total . . . . . . . . . . . . . . . . . . . .$ 4,000,000 FUNDING SOURCE: TIB, LID, CITY PROJECT COST: 1st Yr 4, 5, Annual Element 2nd Yr 3rd Yr & 6th Yr Total ------------------------------------------------------------------------- 600,000 3,400,000 4,000,000 —pa IN sl j BOE/NG REROSPRCE € W s]°sl OP KF a E 4L zo. KIWI( JH/ai MffR , r, J, it lrH]i GRRR/JOI LA OON ] !]°iN r cRFeR 31 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: S. 228th St. - Military Rd. to 68th Avenue S. (SR-181) DESCRIPTION: (Project Length 2.08 Mi . ) Construct new roadway for S. 228th St. from 54th Avenue S. to Military Road and improve S. 228th St. from 54th Avenue S. to 68th Avenue S. . SUMMARY: Preliminary Engineering. . . . . .$ 748,000 Right Of Way. . . . . . . . . . . . . . . . .$ 610,000 Construction. . . . . . . . . . . . . . . . .$ 5,642,000 Total . . . . . . . . . . . . . . . . . . . .$ 7,000,000 FUNDING SOURCE: TI6, LID, CITY PROJECT COST: 1st Yr l I I 4, 5, Annual Element I 2nd Yr I 3rd Yr I & 5th Yr I Total 748,000 610,000 5,642,000 7,000,000 LID � fAM'OY Arm. JL I $ � 6MNOY/fN /NRX L Rwrit I i N/ON,9Y /N7CRCN,9NCC 32 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: West Valley Highway - S. 180th St. to S. '189th st. DESCRIPTION: (Project Length .56 Mi . ) Major widening of West Valley Highway to include curb and gutter, sidewalk, street lighting, grading paving, channelization, signalization, signing and landscaping. SUMMARY: Preliminary Engineering. . . . . .$ 55,000 Right Of Way. . . . . . . . . . . . . . . . .$ 505,000 Construction. . . . . . . . . . . . . . . . .$ 2, 130,000 Total . . . . . . . . . . . . . . . . . . . .$ 2,700,000 FUNDING SOURCE: TIE, LID, CITY PROJECT COST: 1st Yr 4, 5, & Annual Element � 2nd Yr � 3rd Yr � �6th Yr Total 65,000 505,000 2, 130,000 2,700,000 --------------------------------------- - _ __ __ - ---l �pEr Tn ILRxn on Ra IT no e / h _ E Elxv I 2 a /reoo TUifWI F � �"4 I IEIIR IT 2 / I MN IT GLACIER it EOT r ❑OTx IT I IEOTx IT I U1x0 It L VVV — I nETB Ir 33 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: City-Wide Traffic Signal Installation and Improvement DESCRIPTION: Add new traffic sianals and provide traffic signal modifications adding protected/permissive phasing at various intersection locations. SUMMARY: Preliminary Engineering. . . . . .$ 0 Right Of Way. . . . . . . . . . . . . . . . .$ 0 Construction. . . . . . . . . . . . . . . . .$ 273,000 Total . . . . . . . . . . . . . . . . . . . .$ 273,000 FUNDING SOURCE: FAUS, CITY PROJECT COST: 1st Yr 4 , 5, Annual Element 2nd Yr 3rd Yr & 6th Yr Total ----------------------------------------------------------------------- 273,000 273,000 NO MAP 34 fR N (n IC) = N F N O Q N cc 3'S '3AV H194G vi C) Al O v c 2 IL �Q z U)� w co 2 ce) w w >- O '3'S '3Ad H1b01 _ F- m X a. R.N. IRn d1 o d �_ L91=b'S � �n co Cl) LL F- M Q = 'H'A'3 ti •3A 'iVlil 30 cc co F=- O T c,, cc IL ai D U) — o Z — LL •H'n'nn H Q cc >- cn .X o z N n N U) 5�� SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: Central Avenue and S. 259th St. DESCRIPTION: (Intersection) Install two phase traffic signal , street lighting and channelization. SUMMARY: Preliminary Engineering. . . . . .$ 10,000 Right Of Way. . . . . . . . . . . . . . . . .$ 0 Construction. . . . . . . . . . . . . . . . .$ 120,000 Total . . . . . . . . . . . . . . . . . . . .$ 130,000 FUNDING SOURCE: FAUS, CITY PROJECT COST: 1st Yr 4, 5, Annual Element 2nd Yr 3rd Yr & 6th Yr Tota-1 ------------------------------------------------------------------ 130,000 130,000 U rcu leeneex 1L ry 911E � i A /t' /Inf I x uw n er T /AAA K 6 ecx t L -AL"I 1 M.LC IT AfNf WENT �� cfncrfnr rvinc(ve�'q� � � JCENlC N!( /Ann N!C N!(( e v xa JCNAOC e e seex e r ry I E e egrxn� e u IT I 35 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: N. Central Avenue and Smith St. DESCRIPTION: (Intersection) Add a new double left turn lane, channelization, street lighting, signal upgrade and signing. SUMMARY: Preliminary Engineering. . . . . .$ 75,000 Right Of Way. . . . . . . . . . . . . . . . .$ 100,000 Construction. . . . . . . . . . . . . . . . .$ 325,000 Total . . . . . . . . . . . . . . . . . . . .$ 500,000 FUNDING SOURCE: FAUS, CITY PROJECT COST: 1st Yr 4, 5, Annual Element 2nd Yr 3rd Yr & 6th Yr Total ----------------------------------------------------------------------- 500,000 500,000 •COL! KENT igHK x!r ]r Ci KNONS F L L [A F/fL 0` d AFN7 MMFN !RR!r CWLnM'J ?tAff/rxG '* nf/n r10RelR } u � !I RI7X]! a 39ITX r x KL-aoa _ RX !1 RC 19 6 IRRR ]f LYIILR fOR]i y �4 917 f CRLp!1 9 F/K 1 JJn. a n<I et 36 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: 4th Avenue S. and Willis St. DESCRIPTION: (Intersection) Intersection improvements to include: modifying westbound mast arm, installing protected/permissive phasing and providing loop detection. SUMMARY: Preliminary Engineering. . . . . .$ 0 Right Of Way. . . . . . . . . . . . . . . . .$ 0 Construction. . . . . . . . . . . . . . . . .$ 25,000 Total . . . . . . . . . . . . . . . . . . . .$ 25,000 FUNDING SOURCE: FAUS, CITY PROJECT COST: 1st Yr 4 , 5, Annual Element 2nd Yr 3rd Yr & 6th Yr Total --------------------------------------------------------------------- 25,000 25,000 W Jf>rr ia+vfr � C 'AA'r rurna.5 n�rftn a V nn rTere'x � � an e/x ` � e rn er �� enrtx xx ei WOO e'M eT GUMA3 A11L CA CA K fro. i F r f K 37 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: S.E. 240th St. and 104th Avenue DESCRIPTION: (Project Length . 11 Mi . ) Construct additional eastbound acceleration lane on James St. approximately 600 feet east of the intersection and add protected/permissive phase. SUMMARY: Preliminary Engineering. . . . . .$ 15,000 Right Of Way. . . . . . . . . . . . . . . . .$ 0 Construction. . . . . . . . . . . . . . . . .$ 135,000 Total . . . . . . . . . . . . . . . . . . . .$ 150,000 FUNDING SOURCE: FAUS, CITY PROJECT COST: 1st Yr 4 , 5, Annual Element 2nd Yr 3rd Yr & 6th Yr Total 150,000 150,000 fL EA. £NJ/ `0� � SCHOOL r / 1 x0 x M/ll j ?MN r T 1t 1]Ino 8 f>m rty 0 r 237TH rt E y :rr eT xr 1 e lueo r r ix i L a � e + SE Ih IT 38 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: 101st Avenue S.E. and S.E. 256th St. DESCRIPTION: (Intersection) Install pedestrian protection for eastbound and westbound travel , provide loop detection for eastbound left turn and into Kent Meridian Hiah School . SUMMARY: Preliminary Engineering. . . . . .$ 0 Right Of Way. . . . . . . . . . . . . . . . .$ 0 Construction. . . . . . . . . . . . . . . . .$ 30,000 Total . . . . . . . . . . . . . . . . . . . .$ 30,000 FUNDING SOURCE: FAUS, CITY PROJECT COST: 1st Yr 4 , 5, Annual Element 2nd Yr 3rd Yr & 6th Yr Total ----------------------------------------------------------------------- 30,000 30,000 IT C 1 'Kew f � r w I IT p Ir 8 € /NNN n xeNr x It, �` EN101NN x> M 0H SCN001 EAST HJ YNNI H xlllx Ir xxaix IT NENr NENr ls� CENIE9 ,, � rENerenr JNiN aue�� ,,, , � I JCCNrc Nl[ Y II x /NM1T IT xe orx II N/C N!f JCNM s se"I'l N/LN JCN Ix 2I4IX Ir s 39 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: 94th Avnue S. - Canyon Dr. to James St. DESCRIPTION: (Project Length .06 Mi . ) Widen to three lanes with curb and gutter, and sidewalk. Provide drainage, paving, channelization, signing, street lighting and 'landscaping. SUMMARY: Preliminary Engineering. . . . . .$ 120,000 Right Of Way. . . . . . . . . . . . . . . . .$ 0 Construction. . . . . . . . . . . . . . . . .$ 680,000 Total . . . . . . . . . . . . . . . . . . . .$ 800,000 FUNDING SOURCE: TIB, LID, CITY PROJECT COST: 1st Yr 4 , 5, Annual Element 2nd Yr 3rd Yr & 5th Yr Total ----------------------------------------------------------------------- 800,000 800,000 ann n - I ]E\etx n / MUST ]T s S x\3n0 Si I ( \ SNI IN t24IN ST Y D J 'TI -/ 3 UTx ST xx ST OR TO b e cmeen3eN a 9 i[\TT f C n x uLe]1 it m _ Nv r AVn ]T x CAh/US IFMT xucx r x I NENI it n r �xE9/OIHN -- xsvn ,--i W H SCHOOL EH57 IV 40 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT: S.E. 248th St. - 94th St. to '116th Avenue S.E. DESCRIPTION: (Project Length 1 .40 Mi . ) Widen to three lanes with curb and gutter, and sidewalk. Provide drainage, paving, channelization, signing, street lighting and landscaping. SUMMARY: Preliminary Engineering. . . . . .$ 266,000 Right Of Way. . . . . . . . . . . . . . . . .$ 0 Construction. . . . . . . . . . . . . . . . .$ 1 ,509,000 Total . . . . . . . . . . . . . . . . . . . .$ 1 ,775,000 FUNDING SOURCE: TIB, LID, CITY PROJECT COST: 1st Yr 4, 5, Annual Element 2nd Yr 3rd Yr & 6th Yr Total ------------------------------------------------------------------------ 1 ,775 ,000 1 ,775,000 1 1 ntx Sr` If natx Sr 2•Sli SL s x l C 1 SSSxO$f v WIN r Ix Sr a w,tnla Sr � x ale,r Sr rn MO I x i � CFMVJ u — /ARK _ v — ,cx ST x I KENJ _ It — g❑ Wry SCI Satx Wry SCHOOL EAST N/ 41 Kent City Council Meeting Date July 17 1990 Category Public Hearings 1` 1. SUBJECT: 1991 CITY OF KENT BUDGET 2 . SUMMARY STATEMENT: This date has been set to receive public input for items to be considered in developing the 1991 Budget. The input will be included with department requests for Council prioritization at an all day work session on August 9 at the Kent Senior Center. The Finance Director will make a short staff report prior to the opening of the public hearing. 3 . EXHIBITS: Council Budget Calendar 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REOUIRED: $ SOURCE OF ,FUNDS: OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: 7. CITY COUNCIL ACTION: Councilmember moves Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 2C 4/11/90 CITY OF RENT, WASHINGTON COUNCIL BUDGET CALENDAR COUNCIL WORKSHOP 3/20 4th Quarter Financial Report Review 1991 Budget, Calendar/Process COUNCIL WORKSHOP 5/1 1st Quarter Financial Report Preliminary Financial Forecast Review of 1991 budget process COUNCIL COMMITTEES 6/4 - 7/13 Review Departmental programs, goals and budget New CIP priorities Presentation to include 1991 Preliminary Budget Objectives DEPARTMENTS MEET WITH ADMINISTRATION (Council invited) 7/16 - 7/27 Reviews 1991 budget requests COUNCIL REGULAR 7/17 Proposed Use Public Hearing on 1991 Budget priorities COUNCIL WORK SESSION (8:00 A.M. - 3 : 00 P.M. ) 8/9 2nd Quarter Financial Report Updated Financial Forecast Departmental presentations on 1991 Budget Objectives Council to Prioritize 1991 Budget Objectives COUNCIL WORKSHOP AND MEETING 8/21 Results of Council Prioritization of Budget Objectives Proposed Use Public Hearing on Budget COUNCIL WORKSHOP 9/18 Budget update of implementing 1991 Budget Objectives COUNCIL WORKSHOP 10/16 Review 3rd Quarter Financial Report Overview of Preliminary 1991 Budget COUNCIL WORKSHOPS 10/16 - 11/13 Review Preliminary Budget COUNCIL REGULAR 11/6 Public Hearing on 1991 budget COUNCIL REGULAR 12/4 Adoption of Budget and Tax Levy Ordinance COUNCIL REGULAR 12/18 Adoption of the Final Adjustments for 1990 CONSENT CALENDAR 3 . City Council Action: Councilmember moves, Councilmember seconds that Consent Calendar Items A through P be approved. Discussion Action 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of July 3 , 1990. 3B. Approval of Bills. Approval of payment of the bills received through July 20, 1990 after auditing by the Operations Committee at its meeting at 2 :00 p.m. on July 24, 1990. Approval of checks issued for vouchers: A a Check Numbers Amount r , c-! Approval of checks issued for payroll: Date Check Numbers Amount 7/ 5/ 90 137856 - 138638 $818 , 777 . 28 Council Agenda Item No. 3 A-B j Kent, Washington July 3 , 1990 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Kelleher. Present: Councilmembers Dowell , Houser, Johnson, Mann, Orr, White and Woods, City Administrator Chow, Interim City Attorney Williamson, Planning Director Harris, Public Works Director Wickstrom, Finance Director McCarthy, Fire Chief Angelo, Assistant City Administrator Hansen, Personnel Director Olson, Information Services Director Spang and City Clerk Jensen. Acting Capt. David Everett attended in place of Chief Frederiksen who was on vacation. Parks Director Wilson was absent. Approximately 40 people were in attendance. PUBLIC (PUBLIC COMMUNICATIONS - ITEM 1A) COMMUNICATIONS Employee of the Month. Mayor Kelleher noted that Mary Simmons has been selected as Employee of the Month for July. Mary works as a Word Processing Specialist for the Information Services Department. She has been especially commended for her ability to meet deadlines without sacrificing quality and efficiency. A plaque was presented by the Mayor and all present joined in congratulations. (ADDED TO THE AGENDA) Kherson Visitors. Mayor Kelleher introduced Igor Bedni who has been serving as interpreter. Mr. Ivan Fiordivich Voronin, through Mr. Bedni, expressed his appreciation for Kent 's hospitality and especially to the Y.E.S. (Youth Exchange Society) . Mr. Voronin noted that he hoped to establish a business link with Kent. The Mayor noted that Mr. Voronin was wearing a Soviet medal, the equivalent of the Congressional Medal, earned during World War II as an aviator. Laurisa Tolkunova, wife of the artist of the new mural, addressed the Council in English and told of her impressions of her visit to several cities, noting especially the warmth with which she was received. Mayor Kelleher noted that Ms. Tulkunova was a pen pal of Jeanne Humphrey for many years, which led to the establishment of the sister city affiliation with Kherson. Valentina Vypenko, Director of School 55, visited by the Kent dele- gation, noted that the students were glad to see each other again. Sasha Zborschchik stated that he hoped this visit would be the first of more visitor exchanges. 1 July 3 , 1990 CONSENT WOODS MOVED that Consent Calendar Items A through I CALENDAR be approved. Mann seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the Council meeting of June 19 , 1990 . WATER (CONSENT CALENDAR - ITEM 3E) Quit Claim Deed - Drainage Facility S.R. 516 - 160th Ave. SE - Water Main Easement. AUTHORIZATION to quit claim deed to the State the City ' s drainage easement rights obtained along S.R. 516 in the vicinity of 160th Ave. S .E. as approved by the Public Works Committee. (BID - ITEM 5B) Kent Springs Transmission Main. On April 3 , 1990, this project was awarded to Volker-Stevin Pacific, Inc. Because the Army Corps of Engineers has now exercised jurisdiction over a portion of Phase II of the project, we cannot guarantee the project could be constructed as awarded. The Corps has, however, given its authorization to proceed with Phase I of the project. Therefore, it is recommended the award to Volker- Stevin be rescinded, their bid bond returned, and the project plans and specifications revised to reflect Phase I of the project, and the project readvertised for bids. WHITE SO MOVED, Woods seconded and the motion carried. SEWERS (OTHER BUSINESS - ITEM 4A) Contract Modification - Sanitary Sewer Service - Midway Housing/Department of the Army. This item was tabled at the last meeting and is being brought back before the Council at this time for reconsid- eration. As presented previously, the Department of the Army has requested modification to their contract to include sanitary sewer service to the Midway Family Housing units. They have been receiving and paying for sanitary sewer service, and this action has been requested to bring their records and paperwork up to date. The City Attorney clarified that there was no reason to withhold approval and that this had nothing to do 2 July 3 , 1990 SEWERS with the recent action in connection with the Nike Manor housing. MANN MOVED to approve the contract modification. Woods seconded. The motion carried with White and Dowell opposing. TRAFFIC (BID - ITEM 5A) CONTROL West Valley Highway Signal Improvements at S. 212th St. and S. 190th Street. Bids were opened June 29 , 1990. The Director of Public Works distri- buted the bid summary for schedules II and III as follows: Signal Electric $308 , 389 Gary Merlin Construction 343 , 543 Totem Electric 349, 607 WHITE MOVED to approve the recommendation of the Public Works Director and to award the bid to Signal Electric. Woods seconded and the motion carried. (CONSENT CALENDAR - ITEM 3D) Transpor- Six-Year Transportation Improvement Plan (TIP) . tation AUTHORIZATION to set July 17 as date for the annual Improvement public hearing on the update of the City ' s Six-Year Plan Transportation Plan (TIP) . (ADDED TO THE AGENDA) Barricade on 35th Ave. S. Floyd Bacon asked who would have the responsibility of the barricade. He West Hill recommended that the barricade be retained to control the speed in the area. Williamson reported that he would research this question and the Mayor asked that he report to Mr. Bacon and to the Council . Mr. Bacon also noted that about four months ago residents had asked for "no parking" signs on the Military Rd. He pointed out that gravel and tar had been placed on the sides of the road but that the trucks are back again causing a dangerous situation. He asked about the ordinance to prohibit the parking and Public Works Director Wickstrom was instructed to research this issue and to report to Bacon. 3 July 3 , 1990 ZONING CODE (OTHER BUSINESS - ITEM 4B) . AMENDMENT Tree Preservation Regulations No. ZCA-90-1. On April 30, 1990, the Planning Commission recommended Tree modifications to the City ' s existing zoning regu- Preservation lations relating to tree preservation. specific- ally, the amendment strengthened the enforcement procedures, clarified definitions and procedures, and offered some flexibility in ordinance administration. Colleen Miller of the Planning Commission and Fred Satterstrom of the Planning Department explained the background, nothing that this matter was reviewed by the Council almost four years ago and these recom- mendations address the concerns expressed at that time. The recommendation contains the original provisions and allows for site plan flexibility so that significant trees may be preserved. Enforce- ment is strengthened by allowing the Planning Department to issue "stop work" orders. It was clarified that the proposed new ordinance would apply to developers only and would pertain to trees six inches or more in diameter and would not affect owners who were cutting their own trees for fire- wood. Dowell proposed a scenario whereby a devel- oper could ask an owner to cut the trees before selling the property to the developer. He also commented on the material in Exhibit B of the packet, noting that trees to be retained on a construction site were to be protected, with drip lines clearly marked. Upon the Mayor' s question, it was determined that street trees were not included in this proposed ordinance. "Undeveloped land" was defined as: a parcel of land which does not have an inhabitable building and/or the inhabited buildings occupy only three percent of the total parcel. JOHNSON MOVED to approve the recommendation of the Planning Commission pertaining to modifications to the tree preservation regulations No. ZCA-90-1 and to direct the City Attorney to prepare the ordi- nance. White seconded. Mann stated he would vote for the motion and hoped it would be made stronger in the future. He also noted that the topsoil issue should also be addressed. Orr offered as a friendly amendment, to use more than just tags when marking trees to be saved. It was determined that 4 ZONING CODE non-toxic paint was available for this . The amend- AMENDMENT ment was accepted. Dowell noted that this proposal was now four years old, that it would be difficult Tree to police and certainly would be difficult to Preservation enforce with the overcrowded court calendars. Reference was made to the developer who clear-cut 500 trees over a weekend and Orr noted that she saw the results of that, firsthand. Houser noted that the developer cut after he was advised not to and she pointed out that now such trees would have to be replaced two for one. Miller stated that she thought this was a fair proposal which would not impede development. The motion carried with Dowell and Houser opposing. ECONOMIC (PUBLIC HEARINGS - ITEM 2A) DEVELOPMENT Heinz and Renate Streng. Heinz and Renate Streng CORPORATION have applied for industrial development bond financing through the City of Kent Economic Development Corporation in the amount of $850, 000 for construction of a new office/warehouse facility in Southcenter Corporate Park. Proper legal notice has been given for this hearing. The Streng application for industrial revenue bonds was approved by the EDC at a special meeting held at 6 : 30 p.m. this date. David Thompson of Preston, Thorgrimson, attorney for the Strengs, was in attendance. The public hearing was opened by the Mayor. There were no comments and the hearing was closed. WHITE MOVED to adopt City of Kent Resolution 1250 approving the issuance of industrial bonds in the amount of $850, 000 and approving Resolution 1990-49 of the EDC authorizing the sale of the bonds to provide funds for the project. Woods seconded and the motion carried. BUDGET (CONSENT CALENDAR - ITEM 3G) 1991 Budget. AUTHORIZATION to set a public hearing date for the 1991 Budget for July 17 , 1990. APPOINTMENT (CONSENT CALENDAR - ITEM 3F) BOARD OF Appointment. CONFIRMATION of the Mayor' s appoint- ADJUSTMENT ment of Raul Ramos to the Board of Adjustment to replace Beth Carroll who recently resigned. This appointment will continue through February 1991. 5 July 3 , 1990 PARKS (CONSENT CALENDAR - ITEM 3C) Youth Day Camp. AUTHORIZATION for additional part- time staff and expenses to expand the Youth Day Camp this summer by an additional 90 campers. The cost of expansion is $4 , 476 and is covered by $5, 000 in revenue. Currently, there are 966 registered campers with 255 on the camp waiting list. PERSONNEL (CONSENT CALENDAR - ITEM 3I) Scott Wetzel Agreement. AUTHORIZATION to renew for 1990 the Worker's Compensation claims administration service agreement with Scott Wetzel Services, Inc. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through July 3 , 1990 after auditing by the Operations Committee at its meeting at 4 : 30 p.m. on July 10, 1990. Approval of checks issued for vouchers: Date Check Numbers Amount 6/15 - 6/26 93219 - 93246 $ 222 , 327 . 74 6/29/90 93247 - 93798 867 , 227 . 20 $1 , 089, 554 .94 Approval of checks issued for payroll : Date Check Numbers Amount 6/20/90 137103 - 137855 $ 839 , 350. 76 (CONSENT CALENDAR - ITEM 3H) Banking Service Ordinance. ADOPTION of Ordinance 2930 related to the City' s banking business. The ordinance allows for a three year banking contract as recently agreed to with U. S . Bank of Washington, removes outdated language related to repurchase agreements, interest-bearing warrants, and check signatures by repealing Ordinance 2297 , as recom- mended by the Operations Committee at their June 26 meeting. REPORTS (REPORTS - ITEM 6A) Council President. Woods requested that Council- members make their wishes known regarding computers 6 July 3 , 1990 REPORTS for their homes prior to the Operations Committee meeting next week. (REPORTS - ITEM 6F) Parks Committee. Dowell noted that the Kherson Park dedication would be held at noon on Monday, July 9 and invited all to attend. The Parks Department budget will be discussed at the Parks Committee meeting to be held at 3 : 00 p.m. on Wednesday, July 11. ADJOURNMENT The meeting adjourned at 8 : 30 p.m. J Marie Jense , CMC City Clerk 7 Kent City Council Meeting C Date July 17 , 1990 Category Consent Calendar 1. SUBJECT: DRINKING DRIVER TASK FORCE 2 . SUMMARY STATEMENT: Acknowledgement of a contribution in the amount of $200 from Kent Valley Youth Services for the 1990 Youth Conference. 3 . EXHIBITS• +None 4 . RECOMMENDED AY (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCI�L/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL', NOTE: Recommended Not Recommended 6. EXPENDITURE REOUIRED: $ _ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3C ti Kent City Council Meeting Date July 17 , 1990 Category Consent Calendar 1. SUBJECT: FRED MEYER 2 . SUMMARY STATEMENT: Acceptance of the bill of sale and warranty agreement submitted by the Roundup Company for continuous operation and maintenance of approximately 628 feet of water main extension, 609 feet of street improvements and 1,719 feet of storm sewer improvements constructed in the vicinity of S.E. 240th and 100th Ave. S.E. for the Fred Meyer store, waiver of the one-year maintenance period and release of the cash bond. 3 . EXHIBITS: Vicinity map 4 . RECOMMENDED BY: xStaff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL PE ONNEL IMPACT: NO YES FISC W PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ _ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3D r- ST' I t SE 230 � (Pvt) (Pvt) SE 231STSE W S 231ST Xom ") ST \ ; 2 TH �p�` sF 232ND ST oW ST < } ST �< S 232ND 232ND SE' g 232ND' 1 ST SE. 232ND PL 232ND ST �2 ' 1WO AtiSE 233RD< AC <0 ZSTH W as 236TH ST AVE S 236TH W r ST x SE 236TH PL w o ~ SE 237TH ST < < U d = E 238TH < CQ \ Jr m (Pvt) (Pvt) SE 23YTH ST ? Q Z S 238TM "� �..l r < 8 Z W ST W F I W < = os &Z� P 1 8 1 7 o f SE OTH is 240 ST . 4 > a > Ped OK11-9 HILL p S 241ST ST 1K re EL MENTARY gig sT FRED MEY--R S 243RD yST SE 244TH N it = S 44T » W COK „ F N ST > c p� < " < O W .Yr'I,y ST.JAMES < SCHOOL vi I WEILAND S S 246TH W PL 247TH a t W r C• Vt G,4 ST > 8 248TH ST' SE 248TH ST i V J' .► �I > iT •.jjJ � v t E SEATTLE V`. ►_- ST 1Yr�!art•' 516 w S 252NC T w SE ND ST CH GO ST �,� ,�,1• ti\ ,�- . . EAST HILL 1UREL ST oc > :• '%J} o CENTER F < �. p t ST t ' F F ch SE 252ND $_ Field _MLOCK ST 49 W x��`. .�cKin 515 --- - ��' t \a COu -- 1 L� Kent City Council Meeting r Date July 17 , 1990 N Category Consent Calendar 1. SUBJECT: HEMLOCK ACRES NO. 17 2 . SUMMARY STATEMENT: Acceptance of the bill of sale and warranty agreement submitted by Sunset Property Enterprises, Inc. for continuous operation and maintenance of approximately 522 feet of water main extension, 495 feet of sanitary sewer extension, 534 feet of street improvements and 353 feet of storm sewer improvements constructed in the vicinity of 114th Place S.E. and S.E. 240th Street for the Hemlock Acres No. 17 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. UNBUDGETED FISCAL/MRSONNEL IMPACT: N0�_ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REOUIRED; $ SOURCE OF FUNDS* 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3E .r 11�. fay .- p i n. .� , .. > W ST 1^ < (Pvo (WU �4+ g� SE 230 � ST _z SE 231ST r,� SE 231ST W [R NTARY RC S 2313T P� ST W 230TH� �� ST F=-� 1SC L ST < L. ti dF 232ND ST ow ^t { 9 VD +. •• 232ND ST SE ^< E 232 W ST �'��• SE 232ND PL 232ND = ST 3RD PL ... � h 1 ♦ f., - t � ., F IA Jam.. y ('11:h d� bE 233RD IV;��, 'S '�po � � dt^ y yl�� + ^ � 2:14TH \ e bW trrn Z ~ �S 1 d�tis� SE .. SE STH 235 TH 234TH Ptr ST M BE 236TH ST 4VE Barricade 236TH .T _ - `�. W a� Xw SE 236TH PL o f-N SE 237TH ST > H1eseevo < a <` _ ti E 238TH q ( ) Im (pvt) SE 239TH \ ST r W I 4; ST 8 e=v W N 17 1 8 1 o T SE TH ST ed ORn",Z EAST HILL ELEMENTARY SCHOOL HEMLOCK ACRES #17 0 Cm f SE 244TH .. ST HW M Z W f '< 8 a E i W !48TH ST' SE a 248TH ST I W v S • W ^ W < W SE ND ST / SE 2 EAST HILL CENTER F E 9 French SE 252ND _$ W1 L in w Field 117 ST 515 I W I iSE 254TH x Kent City Council Meeting ` Date July 17 , 1990 Category Consent Calendar 1. SUBJECT: HUNTERS RUN TOO 2 . SUMMARY STATEMENT: Acceptance of the bill of sale and warranty agreement submitted by Schneider Homes, Inc. for continuous operation and maintenance of approximately 851 feet of sanitary sewer improvements constructed in the vicinity of S.E. 229th and 116th Ave. S.E. through the Hunters Run Too project and release of the cash bond after expiration of the one-year maintenance period. 3 . EXHIBITS: Vicinity map 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCALfPERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3F ELLMIrN IAKY 4V > A SCHOOL < SE 210TH r ` �p I = o O F- SE 21 TH a S BE ^, 2 SE 211TH ST PL y N 211TH ST S N �+ 2 a dE` 212TH ST O�,�Sy(�rsE 5E 1 j H SE 212TH ST SE 212T11 PL SE 212��v'�Lq G4 }`'Jy21 SE< 213TH �$ �` vo F 'W (Pvt) F ST Sf �y SE 21 TH^ a y gL 2, gt W q gT ti N EE 2S3tN 7� ST < y > W SE 214 2 qi' 1p SE.�..� < al ST S. y F N 214TH C 2 g T d W ST N f- C rA .. ST oo Z .r N Pl W ST W ,N. .N. .N. < BE 217TH ST W�frr SE 216TV �+ E a+ H y F H Reservoir F uj ST �� BE 218TH '" > W y Y > �+ p ST t W O < < E 219T SE 2L8TH PL I I !- cBE N ,y 220TH .. ST y1 '� 222ND le ST 515 W _ \ °� BE 223RD ST ~ � Irn F<41 = W I W I W .. ., ., BE •��� BE w BE 5TH PLOT y . T t224TH BE L 225TH � 16 BE ST < E THW,j m SE 221T H _ x o < W < SE 226TH ST ►" '` ^< �� r a n 26 H df wW _ 8E 227T1l PL d 2>2"H ST�V I y 225T!' ST< _ BE 225TH E x W 229t as9TH6 H. ST. ! 1 < BE 230 ST HUNTERS RUN T00 BE 231ST PAR RCHA W 230TH'ti� ST I all i sC LEL TARY 232ND ST 232ND ST BE -< E 232 < SE 232ND PL 232HO = ST a ��} 3RD = PL4 _ F F 7r f 2:14TH ST MERIDIAN SE23T I.'� S '�ga a�a11,��'� /s '� 8E ��SCHOOL ST yfi Kent City Council Meeting fJ Date July 17 , 1990 w" Category Consent Calendar 1. SUBJECT: WILDBERRY 2 . SUMMARY STATEMENT: Acceptance of the bill of sale and warranty agreement submitted by Classic American Homes for continuous operation and maintenance of approximately 1, 319 feet of water main extension and 2 ,801 feet of sanitary sewer improvements constructed in the vicinity of So. 233rd Place and 94th Ave. So. in the plat of Wildberry and release of the cash bond after expiration of the one-year maintenance period. 3 . EXHIBITS: Vicinity map 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3G a�nw+e+yfr�+crt�.Mtvc�u'iacu•,-�.gRtd"N:e:Tf711+5!47W�9V'7r,t§➢IYi:F.• 1. 110D1,1L_ 16 11 3-TH rr .'~ r M n o <zim IT 7 12 i > 1 Y1 T 6T < F O r W SE 21 TH Sr �� oA4rtros cRraK �J < 151 MT H ST ww W ....� N - . .A f� • N H ..... �o aT SE nr+o sT ,� - t L. < a (qy ---- vT I L a o x -- -- 114TH sT — e �r SE 7nTM 71f� n TF',yl Z�STH�ST r a f > SE 7�STH➢� n I U T >< < it I T SE 777TM �' z ■ ' SST ' I 72 $$ ST V, 9L j Zq TN S ��'' z2.111 _$ -ST ~ OOCHAPD > o T ` TM .. st 5x TM ST r V e1� BE TM , r sE Ilg �I S DIST ST ! r or11 sf nNc x sT sT NOVAK [ '; 14Q s 232"L'J .' SZT3lo ST 'I SE232HO3T H ti sT M � L I jr sJ:./ARK: `�` �- r d T >s �Q a > d uJ LOUD !T ` 4 �c 66 ` � ' Mf a fs LRl ; .T ■ro IT iST a PLOD JR MS .rt Q.T. q�� I T i... �. TlMP bb'}60�$T W MC ILL AN T ► T i S , xt_ Df ST Q t MI 160 V Iitr io ARRISOIs ST z Z a M Si ,o„f 'i Z }YTH ST 1 < 5 $; w . . s �.' b IPLL < r v ;. ■EIIN D —1 ; t�aTM PL =r s x r � ";x a _ L `. 20 A, - VICINITY MAP WILDBERRY Kent City Council Meeting Date July 17, 1990 Category Consent Calendar 1. SUBJECT: SHANNON SHORT PLAT 2 . SUMMARY STATEMENT: Acceptance of the bill of sale and warranty agreement submitted by Terhune Homes, Inc. for continuous operation and maintenance of approximately 607 feet of water main extension, 246 feet of sanitary sewer extension, ---� and 398 feet of storm sewer improvements constructed in the vicinity of So. 272nd St. and 46th Ave. So. of the Shannon Short Plat and release of the cash bond after expiration of the one-year maintenance period. 3 . EXHIBITS: Vicinity snap t 4 . RECOMMENDED BY: Staff (Committee, Staff, E aminer, Commission, etc. ) 5. UNBUDGETED FISCAL PERSO L IMPACT: NO _ YES FISCAL/PERSONNEL NOTE: Re ommended Not Recommended 6. EXPENDITURE REQUIRED: $ 4 SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: I Councilmember mov�s, Councilmember seconds i DISCUSSION• ACTION• Council Agenda Item No. 3H SHANNON SHORT PLAT Ll J� 3 1 � t4 Kent City Council Meeting Date July 17 , 1990 V Category Consent Calendar �r P 1. SUBJECT: TREE PRESERVATION ORDINANCE 2 . , S-UMMARY S wrmmNIT"- .__,,_As approved by the Council at the July 3 1 meeting, option of Ordinance Zr� 3.:-� modifying the tree preservation ordinance, amending Ordinance 2452 . 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Staff, Council (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL $MPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3I ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to tree preservation regulations of the zoning code, amending Section 15.02 (Definitions) , Section 15.08.240 (Tree Preservation) and Section 15.09.100 (Enforcement) . THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Kent City Zoning Code Chapter 15.02 is amended as follows: CHAPTER 15.02 DEFINITIONS For purposes of this code, certain terms or words used herein shall be interpreted as follows: The word person includes a firm, association, organization, partnership, trust, company, or corporation as well ) as an individual. The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular. The word shall is mandatory, the word may is permissive. The word used or occupied includes the words intended, designed, or arranged to be used or occupied. The word lot includes the words plot and parcel. 15.02.005. ACCESSORY USE OR STRUCTURE. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. 15.02.006. ADULT BOOKSTORE. A commercial establishment which has a minimum of 20 percent of its stock in trade, books, magazines, or other periodicals distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined herein. Such an establishment is customarily not open to the public generally but only to one or more classes of the public, excluding minors by virtue of age. It shall be a II i i i rebuttable presumption that 20 percent of a business' stock in trade is considered substantial. (0.2687, §2) j 15,02,007. ADULT MOTION PICTURE THEATRE. An Adult Motion Picture Theatre is an enclosed building used for presenting) motion picture films, video cassettes, cable television, or any other such visual media, distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" as hereafter defined for observation by patrons therein. This term includes outdoor drive-in theatres or structures which present similar films, movies, or other visual media depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" as hereafter defined for observation by patrons. (0.2687, §2) 15.02,008. ADULT USES. For the terms of this code, adult uses shall include adult motion picture theatres, adult drive-in theatres, adult bookstores, and adult entertainment establishments. (0.2687, §2; 0.2785 91) 15,02.009. ADULT ENTERTAINMENT ESTABLISHMENT. An adult entertainment establishment means any business or operation regulated by KCC 5.32 including any business or operation that involves an exhibition or dance by persons that is distinguished or characterized by an emphasis on conduct that depicts, displays,) or relates to "specified sexual activities" or "specified anatomical areas", as defined in Section 15.02.502 and .503. Such an establishment customarily excludes persons by virtue of age from all or a portion of the premises. (0.2785, §1) 15.02,010. AGRICULTURE. The use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, floriculture, viticulture, apiaries, and animal and poultry husbandry, and the necessary accessory uses for storing produce; provided, however, that the operation of any such accessory use shall be incidental to that of normal agricultural activities and provided further that the above uses shall not include the commercial feeding of garbage or refuse to swine or other animals. 15.02,015. ALLEY OR LANE. A public or private way not more than thirty (30) feet wide affording only secondary means of access to abutting property. 15.02.020. APARTMENT. A dwelling unit in a multifamily ] building. 15.02.025. APARTMENT HOUSE (MULTIFAMILY DWELLING) . Any building, or portion thereof, which is designed, built, rented, leased, let, or hired out to be occupied, or which is occupied asl the home or residence of three or more families living independ- ently of each other and doing their own cooking in the said build, ing, and shall include flats and apartments. I 15.02.030. AUTOMOBILE REPAIR. Includes fixing, incidental body or fender work, painting upholstering, engine I 2 - j tune-up, adjusting lights, brakes, supply and installing replacement parts to passenger vehicles and trucks. 15 02 035. AUTOMOBILE SERVICE STATION OR GASOLINE FILLING STATION. A building or lot having pumps and storage tanks where fuels, oils, or accessories for motor vehicles are dispensed, sold or offered for sale at retail only; repair service, is incidental and no storage or parking space is offered for rent.1 15.02,040. AUTOMOBILE WRECKING OR MOTOR VEHICLE WRECKING. The dismantling or disassembling of motor vehicles or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked motor vehicles or their parts. i 15 02 045. BASEMENT. That portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling. 15.02.050. BOARD OF ADJUSTMENT. The Kent Board of Adjustment created in accordance with RCW 35A. 15.02,055. BOARDING OR LODGING HOME. A dwelling or part) thereof, other than a motel or hotel, where lodging with or with- out meals, is provided, for compensation for not more than three (3) persons. 15.02.060. BUILDING. Any structure having a roof sup- ported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals or property of any kind. 15.02.065. BUILDING HEIGHT. The vertical distance from the "grade" to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the, highest gable of a pitch or hip roof. 15.02.070. CANOPY. A roof-like projection. 15.02.075. COMPREHENSIVE PLAN. The plans, maps, reports, which have been adopted by the City Council in accordance with RCW. 35.63 or RCW 35A. �I 15.02.080. COMBINING DISTRICT. District regulations superimposed on an underlying zoning district which impose addi- tional regulations for specific uses, and which are valid for a stipulated time period. Uses permitted by the underlying zone may, , also be developed. 15.02.085. COMMON OPEN SPACE. A parcel or parcels of land or an area of water or a combination of land and water within the site designated for a planned unit development, and designed and intended primarily for the use or enjoyment of the residents of such development. 15.02.090. CONDITIONAL USE. A use permitted in a zoning district only after review and approval by the Hearing Examiner. 3 - i I Conditional uses are such that they may be compatible only on cer- tain conditions in specific locations in a zoning district, or if the site is regulated in a certain manner. 15,02.092. CREEKS MAJOR. The following are major creeks identified by the City of Kent. A. Mill Creek B. Garrison Creek and its tributaries i C. Springbrook Creek D. Johnson Creek E. Midway Creek F. Star Lake Creek G. Bingaman Creek H. Mullen Slough I. Mill Creek (Auburn) J. West Branch Big Soos Creek and tributaries The location of these creeks is identified on the map entitled "Hazard Area Development Limitations," KCC 15.08.222. 15.02.093. CREEKS MINOR. All creeks other than major creeks and generally including the following criteria; a course or, route as formed by nature, or as altered by human activity and generally consisting of a channel with a bed, banks, or sides sub-i stantially throughout its length along with surface waters, with some regularity, naturally and normally flow or drain from high to lower lands. The location of these creeks is identified on the I map entitled "Hazard Area Development Limitations," KCC 15.08.222.; 15.02.095. CROP AND TREE FARMING. The use of land for horticultural purposes. 15.02.097. DANGEROUS WASTES. Those wastes designated in WAC 173-303-070 through 173-303-103 as dangerous wastes. This may include any discarded, useless, unwanted, or abandoned substances, including but not limited to certain pesticides, or any residues or containers of such substances which are disposed of in such quantity or concentration as to pose a substantial present or potential hazard to human health, wildlife, or the environment because such wastes or constituents or combinations ofl such wastes: A. have short-lived, toxic properties that may cause death, injury, or illness or have mutagenic, teratogenic, or carcinogenic properties or B. are corrosive, explosive, flammable, or may generate: pressure through decomposition or other means. i A moderate risk waste is not a dangerous waste. (0.2801, §1) I 15.02.098. DESIGNATED ZONE FACILITY. Any hazardous waste facility that requires an interim or final status permit under rules adopted under Chapter 70.105 RCW and Chapter 173-303 WAC and that is not a "preempted facility" as defined in RCW 70.105.010 or in WAC 173-303; a hazardous waste treatment and/or storage facility is a designated zone facility. (0.2801, §1) 4 - i ill 15.02,100. DEVELOPMENT PLAN. A plan drawn to scale, indicating the proposed use, the actual dimensions and shape of the lot to be built upon, the exact sizes and locations on the lot of buildings already existing, if any, and the location on the lot of the proposed building or alteration, yards, setbacks, land- scaping, off-street parking, ingress and egress, and signs. 15,02,105. DEVELOPMENT STANDARDS. Regulations including but not limited to setbacks, landscaping, screening, height, site ', coverage, signs, building layout, parking and site design and related features of land use. I 15.02.107. DISCONTINUANCE. The abandonment or nonuse of a building, structure, sign and/or lot for a period of six (6) months. 15.02.110. DISTRICT. An area designated by the Kent Zoning Code with specific boundaries in which lie specific zones which zones are described in the code. 15,02,111. DOCK HIGH LOADING AREAS. Truck maneuvering areas and loading/unloading areas associated with loading doors that are located above the finish grade. (0.2740, §1) i 15,02.112. DRAINAGE DITCHES. A manmade channel with a bed, bank or sides which discharges surface waters into a major or minor creek, lake, pond or wetland. 15.02.113, DRIPLINE. A circle drawn at the soil line j' directly under the outermost branches of a tree. 15.02.115. DWELLING, SINGLE FAMILY. A detached residen- tial dwelling unit other than a mobile home, designed for and occupied by one family only. I 15.02.120. DWELLING. TWO FAMILY. A detached residential building containing two dwelling units, designed for occupancy by I not more than two families. I i 15.02.125. DWELLING. MULTIPLE FAMILY. A residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided. 15.02.130. DWELLING UNIT. One room, or rooms connected , together, constituting a separate, independent housekeeping estab lishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other , rooms or dwelling units which may be in the same structure or on the same property and containing independent cooking and sleeping facilities. 15.02.132. EROSION HAZARD AREA. A. Class 1 Erosion Hazard Areas. All areas of the City, other than Class 2 or 3 erosion hazard areas. These areas are areas where no development limitations are deemed necessary, except where described under Chapter 15.04 - District Regulations.' - 5 - i B. Class Erosion Hazard Areas. All soils mapped by the Soil Conservation Service as having moderate to severe erosion hazard potential. These soils in the City of Kent include Arents,l Alderwood material (AmC) , Alderwood gravelly sandy loam (AgC) , and Everett gravelly sandy loam (EvD) . C. Class 3 Erosion Hazard Areas. All soils mapped by the Soil Conservation Service as having a severe to very severe erosion hazard potential. These soils in the City of Kent include Alderwood gravelly sandy loam (Agd) and Alderwood Kitsap soil (AKF) . D. Soil Conservation Service Maps referenced herein are on file with the City Clerk. 15,02,132. EXTREMELY H_AZAgDOUS WASTE. Those wastes designated in WAC 173-303-070 through 173-303-103 as extremely hazardous wastes. This may include any dangerous waste which A. will persist in a hazardous form for several years or more at a disposal site and which in its persistent form 1. presents a significant environmental hazard I and may be concentrated by living organisms through a food chain or i may affect the genetic make-up of man or wildlife and 2. is highly toxic to man or wildlife, B. if disposed of at a hazardous waste disposal site in such quantities as would present an extreme hazard to man or the environment. (0.2801, §1) 15.02.135. FAMILY. A person living alone, or two or more persons customarily living together as a single housekeeping unit and using common cooking facilities, as distinguished from a group occupying a hotel, club, boarding or lodging house. 15.02.140. FENCE - SIGHT OBSCURING. The minimum for a sight-obscuring fence is a chain-link fence with woven slats in every row or available space of the fence. 15.02.145. FENCE - 100% SIGHT OBSCURING. A fence con- j structed of solid wood, metal or other appropriate material which totally conceals subject use from adjoining uses at six (6) feet above the base of the fence line, at twenty (20) feet from subject property line. 15.02.150. FRONTAGE BUILDING OR OCCUPANCY. The length of that portion of a building or ground floor occupancy which 1 abuts a street, publicly used parking area, or mall appurtenant to said building or occupancy expressed in lineal feet and fractionsil thereof. 15.02.155. GARAGE OR CARPORT, PRIVATE. A building, or a portion of a building principally for vehicular equipment such as automobiles, boats, etc. , not more than one thousand (1,000) square feet in area, in which only motor vehicles used by the 6 - i �I tenants of the building or buildings on the premises are stored on kept. 15 02 160. GENERAL CONDITIONAL USES. Uses described in i Section 15.08.030. Such uses shall be deemed conditional uses in all districts. 15,02.165. GRADE. The lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet distant from said wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and the property line if It is less than five feet distant from said wall. In case walls are parallel to and within five feet of a public sidewalk, alley or other public way, the grade shall be the elevation of the side-, walk, alley or public way. 15.02.170. GROSS FLOOR AREA. The area included within the surrounding exterior walls of a building expressed in square feet and fractions thereof. The floor area of a building not provided with surrounding exterior walls shall be the usable area under the horizontal projections of the roof or floor above. 15.02.172. GROUNDCOVER. Low growing vegetative materials with a mound or spreading manner of growth that provides) solid cover within two years after planting. (Examples: sod or seed lawn, ivy, junipers, cotoneaster, etc.) (0.2801, §1) 15 02 174. GUEST COTTAGE. An accessary, detached dwelling without any kitchen facilities designed for and used to house transient visitors or non-paying guests of the occupants of the main building. (0.2801, §1) 15, 2.175. HAZARDOUS SUBSTANCE. Any liquid, solid, gas,', or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as described in rules adopted under Chapter 70.105 RCW or in WAC 173-303-090, 173-303-101, 173-303-102, or 173-303-103. (0.2801, 51) 15.02.176. HAZARDOUS SUBSTANCE FACILITY BUFFER ZONE. A setback area between the hazardous substance land use facility boundary and the nearest point of the hazardous substance land use property line, necessary to provide added protection to adjacent land uses or resources of beneficial use. All hazardous waste treatment and/or storage facilities must maintain at least a 50 foot buffer zone. (0.2801, §1) 15.02.177. HAZARDOUS SUBSTANCE LAND USE. Any use which is permitted under the Kent Zoning Code and which includes a designated zone facility, or the processing or handling of hazardous substance as defined herein. (0.2801, §1) 15.02.178. HAZARDOUS SUBSTANCE LAND USE FACILITY. The projected line enclosing the area of all structures and lands on which hazardous substance land use activities occur, have occurred in the past or will occur in the future. This does not include the application of products for agriculture purposes. (0.2801, §1) - 7 - I I l I 15.02.179. HAZARDOUS SUBSTANCE PROCESSING OR HANDLING of. The compounding, treatment, manufacture, synthesis, use or storage of hazardous substances in excess of the following amounts) in bulk quantities: 5,000 pounds of solid hazardous substances; 500 gallons of liquid hazardous substances; and 650 cubic feet of gaseous hazardous substances. (0.2801, §1) I 15,02,180. HAZARDOUS WASTE. Any dangerous and extremely hazardous waste, including substances composed of radioactive and hazardous components. A moderate risk waste is not a hazardous waste. (0.2801, §1) 15,02,181. HAZARDOUS WASTE FACILITY. The contiguous land and structures, other appurtenances, and improvements on the land used for recycling, storing, treating, incinerating, or I Ii disposing of hazardous waste. (0.2801, §1) 15.02.182. HAZARDOUS WASTE STORAGE FACILITY. Any designated zone facility which holds hazardous waste for a temporary period not to exceed five years; this does not include accumulation of hazardous waste by the generator on the site of generation, as long as the generator complies with the applicable ; requirements of WAC 173-303-200 and 173-303-201. (0.2801, §1) 15,02.183. HAZARDOUS WASTE TREATMENT FACILITY. Any designated zone facility which processes hazardous waste by physical, chemical, or biological means to make such waste nonhazardous or less hazardous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume. (0.2801, §1) 15,02.184. HAZARDOUS WASTE TREATMENT OR STORAGE FACILITY. OFF-SITE. Any hazardous waste treatment or storage facility which treats or stores wastes that are generated off site. 15.02.185. HAZARDOUS WASTE TREATMENT OR STORAGE FACILITY. ON-SITE. Any hazardous waste treatment or storage facility which treats or stores only those wastes that are generated on-site. 15.02.186. HEARING EXAMINER (LAND USE)-. A person appointed by the City Administrator to conduct public hearings on applications outlined in the City ordinance creating the Hearing Examiner, and who prepares a record, findings of fact and conclu- sions on such applications. (0.2808, §1) I 15.02.187. HIGHEST SHADE PRODUCING POINT. The point of a structure which casts the longest shadow at noon on January 21. ! 15.02.190. HOME OCCUPATION. The carrying on of a lawful business activity within the dwelling unit by the inhabitants of the dwelling unit. (0.2424, §1) 15,02.195. HOME OWNERS ASSOCIATION. An incorporated, non-profit organization operating under recorded land agreements through which (a) each lot owner is automatically a member and (b) each lot is automatically subject to a charge for a proportionate , 8 - II j I share of the common property and (c) a charge if unpaid, becomes a lien against the property. 15,02.200. HOTEL. Any building containing six or more guest rooms intended or designed to be used, or which are used, rented, or hired out to be occupied, or which are occupied for sleeping purposes by guests. 15.02,202. IMPERVIOUS SURFACES. That hard surface area which either prevents or retards the entry of water into the soil mantle as it entered under natural conditions pre-existent to development, and/or that hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions pre-existent to development. Common impervious surfaces include, but are not lim-! I ited to, roof tops, concrete or asphalt paving, paved walkways, patios, driveways, parking lots or storage areas, and oiled, maca- dam or other surfaces which similarly impede the natural infiltra-i tion of surface water. i15.02.205. INTERIOR COURT. A space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building. 15.02.210. JUNK YARD. A place where waste, discarded on salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled, or handled, including auto and motor vehicle wrecking yards, house wrecking yards, used-lumber yards and yards for use of salvaged house wrecking and structurali steel materials and equipment. 15.02.215. K NN L. Any premises on which four (4) or more dogs, which are five-months old or older are kept. 15.02.217. LAKES. Natural or artificial bodies of water of two or more acres and/or where the deepest part of the basin at low water exceeds two meters (6.6 feet) . Artificial bodies of i water with a recirculation system approved by the Public works Department are not included in this definition. 15.02.220. LANDSCAPING. Vegetative cover including shrubs, trees, flowers, seeded lawn or sod, ivy and other similar plant material. 15.02.222. LANDSLIDE AREAS. A. Class 1 Landslide Areas. All areas of the City, other than Class 2 or 3 landslide hazard areas. These areas are areas where no development limitations are deemed necessary, except where described under Chapter 15.04 - District Regulations. I B. Class 2 Landslide Areas. Slopes of 15 percent or i greater with permeable subsurface material (predominately sand and gravel) to base level. C. Class 3 Landslide Areas. Class 3 landslide hazard areas means those areas subject to a severe risk of landslide, duel li 9 I; �I it i I i to the combination of: (a) slopes greater than fifteen (15) per- cent; and (b) impermeable subsurface material (typically silt and clay) sometimes interbedded with permeable subsurface material (predominantly wet sand and gravel) between the top and base (foot) elevations; and (c) characterized by springs or seeping These groundwater during the wet season (November to February) areas include both active and currently inactive slides. 15.02.225. LOT. For the purposes of this code a lot isl a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such loll shall have frontage on an improved public street, or on an approved private street, and may consist of: A. A single lot of record; B. A portion of a lot of record; I, C. A combination of complete lots of record, and portions of lots of record; D. A parcel of land described by metes and bounds; i provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the require ments of this code. 15.02.230. LOT CORNER. A lot abutting upon two (2) or more streets at their intersection, or upon two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees within the lot lines. 15.02,235. LOT FRONTAGE. The front of a lot shall be that portion nearest the street. On a corner lot the front yard shall be considered the narrowest part of the lot that fronts on street, except in industrial and commercial zones in which case the user of a corner lot has the option of determining which part ' of the lot fronting on a street shall become the lot frontage. 15.02.240. LOT LINES. The property lines bounding the I, lot. 15.02.245. LOT MEASUREMENTS. A. Depth of a lot shall be considered to be the distance between the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. B. Width of a lot shall be considered to be the distance between the side lines connecting front and rear lot lines, provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) : shall not be less than eighty (80) percent of the required lot width except in the case of lots on the turning circle of cul-de-sacs, where eighty (80) percent requirement shall not apply. �I 10 - 15.02.250. LOT OF RECORD. A lot which is part of a sub- division recorded in the office of the County Assessor, or a lot or parcel described by metes and bounds, the description of which has been so recorded. 15.02.252. LOT, RIVERFRONT. Any lot or land parcel which is adjacent to the Green River, a scenic and recreational road, a riverfront road or a riverfront park. (0.2544, §3) 15.02,255. LOT, THROUGH. A lot that has both ends fronting on a street. Either end may be considered the front. 15.02,257. MAJOR NONCONFORMING BUILDING/STRUCTURE. Any nonconforming building or structure located on a parcel which at any point borders or is in a residential district and which is not in compliance with the minimum development standards of the district in which it is located. 15.02,258. MINOR NONCONFORMING BUILDING/STRUCTURE. Any nonconforming building or structure which is not a major noncon- forming structure and which is not in compliance with the minimum development standards of the district in which it is located. 15,02.260. MOBILE HOME. A factory constructed residential unit with its own independent sanitary facilities, that is intended for year round occupancy, and is composed of one for more major components which are mobile in that they can be supported by wheels attached to their own integral frame or structure and towed by an attachment to that frame or structure over the public highway under trailer license or by special permit. 15.02.265. MOBILE HOME PARK. An area under one ownership designed to accommodate ten (10) or more mobile homes. 15.02.267. MODERATE RISK WASTE. Those wastes defined in WAC 173-303-040 as moderate risk wastes. This may include any waste that exhibits any of the properties of hazardous waste but is exempt from regulation under Chapter 70.105 RCW solely because the waste is generated in quantities below the threshold for regulation and any household waste which is generated from the disposal of substances identified by the Department of Ecology as hazardous household substances. (0.2808, §1) 15,02.270. MOTEL INCLUDING HOTEL AND MOTOR HOTEL. A building or group of buildings comprising individual sleeping or living units for the accommodation of transient guests for compensation. 15.02.272. MULTIFAMILY TRANSITION AREA. A Multifamily Transition Area is any portion of an MR-G, MR-M or MR-H Garden Density, Medium Density or High Density Multifamily Residential District situated within 100 feet of a Single-Family District, and/or within 100 feet of a public street right-of-way. Specifically excluded from this definition is property abutting a right-of-way that will never be developed into a public street as determined by the Kent Transportation Engineer, and which does not otherwise qualify as a Multifamily Transition Area. (0.2772, §1) I i � I i i 15,02,275. NATU AT OR NATIVE AREAS. All or portions of l a parcel of land undisturbed by development, and maintained in a manner which preserves the indigenous plant materials. 15,02,280. NET ACRE. The buildable area after the area of street rights of way has been subtracted. 15.02,282. NONCONFORMING LOT OF RECORD. Any validly recorded lot which at the time it was recorded fully complied with the applicable laws and ordinances but which does not fully comply with the lot requirements of this ordinance. 15.02.283. NONCONFORMING SIGN. Any sign legally estab- lished prior to June 20, 1973 which is not in full compliance with the regulations of this ordinance. 15,02.285. NONCONFORMING USE. The use of land, a building or a structure lawfully existing as of June 20, 1973 which does not conform with the use regulations of the district in which it is located on the effective date of such use regulations.! 15.02.286. NONCONFORMITY. Any land use, structure, lotl of record or sign legally established prior to the effective date of this code or subsequent amendment to it which would not be per-' mitted by or is not in full compliance with the regulations of this ordinance. 15.02.287. NORTHERN LOT LINE. A lot line or lines less than 45 degrees southeast or southwest of a line drawn east-west and intersecting the northernmost point of the lot. If the nor- thern lot line adjoins any unbuildable area (e.g. , streets, alleys, public rights of way, parking lots, common areas) other than required yard area, the northern lot line shall be that por- tion of the northerly edge of the unbuildable area which is due north from the actual northern lot line of the applicant's property. 15,02.288. NORTH-SOUTH LOT DIMENSION. The average dis- tance between lines from the corners of the northern lot line south to a line drawn east-west and intersecting the southernmost point of the lot. 15.02.290. NURSERY SCHOOL OR DAY CARE CENTERS. Nurseries or day care centers shall mean any type of group day care programs, including nurseries for children of working mothers, nursery schools for children under minimum age for education in public schools, parent cooperative nursery schools, playgroups for preschool children, programs covering after-school ' care for school children, provided such establishment is licensed by the State and conducted in accordance with State requirements. 15.02.295. OCCUPANCY. The purpose for which a building ' is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors. 12 - I ilk � I 15-02.300. OFFICIAL MAP. Maps showing the designation, ), location and boundaries of the various districts which have been �i adopted and made a part of this code. 15.02,305. OPEN GREEN AREA. Landscaped areas and areas ) of natural or native vegetation. 15.02.310. ORDINARY NIGH WATER MARx, Ordinary high j water mark on the Green River, Lake Fenwick, streams, marshes, and swamps is that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on the effective date of this Chapter, or as it may naturally change thereafter: PROVIDED, that in any area where the ordinary, high-water mark cannot be found the ordinary high-water mark shall be the line of mean high water. 15.02,315. OUTSIDE STORAGE. All or part of a lot which is used for the keeping of materials or products in an open, j uncovered yard or in an unwalled building. Such materials shall not be for general public consumption or viewing. Such materials ) shall include tractors, backhoes, heavy equipment, construction materials and other similar items which detract from the appear- ance of the zone in which they are located. 15.02.320. PARKING SPACE OR PARKING STALL. A parking space is any off-street space intended for the use of vehicular parking with ingress or egress to the space easily identifiable. i 15.02.325. PARKING, TEMPORARY. Parking facilities specifically designed to accommodate not less than 51 vehicles and intended for public use for a period of not more than five (5) years, subject to annual maintenance review by Engineering Depart- II ment. Temporary parking shall not be in lieu of specified off-street parking as required in Chapter 15.05, Off-Street Parking and Loading Requirements. 15.02.330. PERFORMANCE STANDARDS. Regulations for the control of "dangerous or objectionable elements" as defined in Subsection 15.08.505 A. 15.02.334. PREEMPTED FACILITY. Any hazardous waste facility defined as a preempted facility in RCW 70.105.010 or in WAC 173-303. This may include any facility that includes as a significant part of its activities any of the following hazardous waste operations: a) landfill, b) incineration, c) land treatment, d) surface impoundment to be closed as a landfill, or e) waste pile to be closed as a landfill. (0.2806, §1) I 15.02,335. PLANNED UNIT DEVELOPMENT. Planned Unit Development is a residential development built under those provi- sions of this code which permit departures from the conventional siting, setback, and density requirements of other sections of this code in the interest of achieving superior site development, ) creating open space, and encouraging imaginative design by permit-, ting design flexibility. i - 13 - �I I I I I 15.02,236. PARK RIVERFRONT. A publicly-owned open space which lies along the Green River, along a scenic and recreational road. (0.2544, §6) 15.02,317. RAVINE. An area constituting a "young valley" which contains a major or minor creek. It includes the bottom land of the ravine and the ravine sidewalls to a point where the slopes are less than fifteen (15) percent. See following illustration. 15,02,338. RECREATIONAL VEHICLES. Motorized vehicles that include a cabin for living accommodations and are commonly I used for recreational travel and touring. Vehicles included in I this category come in several forms; travel trailers, tent I trailers and camping trailers, all of which must be towed by a car; and truck campers, motor homes and camper vans, all of which have the motor within the body of the vehicle. Recreational vehicles may also include any motorized or nonmotorized vehicle, boat, boat trailer, or other vehicle to be used for recreational purposes. 15 02 339. ROAD SCENIC AND RECREATIONAL. Russell and Frager Roads shall be designated as Scenic and Recreational Roads.! (0.2544, §2) I 15 02 340. ROADSIDE STAND. A temporary structure , designed or used for the display or sale of agricultural products primarily produced on the premises upon which such a stand is located. 15.02,342. SEISMIC HAZARD AREAS. A. Class 1 Seismic Hazard Areas. All areas of the City, other than Class 2 or 3 seismic hazard areas. These areas are areas where no development limitations are deemed necessary, except where described under Chapter 15.04 - District Regulations.! B. Class 2 Seismic Hazard Areas. class 2 seismic hazard areas means those areas where soils are characterized by moderately well-drained alluvium and glacial outwash of moderate density. C. Class 3 Seismic Hazard Areas. Class 3 seismic hazard areas means those areas subject to severe risk of earthquake damage due to soils of low density, due to poorly drained or impervious alluvium, due to highly saturated organic material or due to slopes greater than fifteen (15) percent, excluding those Alderwood gravelly sandy loam (AgD) soils located on slopes less than twenty-five (25) percent overlying thick sequences of Vashon till. 15.02.343. SERVICE USES OR ACTIVITIES. A business which sells the knowledge or work of its people rather than a tangible product. i 15.02.344. SETBACK. AVERAGE. The average setback is the mean or average depth of yard (setback) measured from the property i 14 - I� i ( line to the building. The average setback is computed along the full length of the property line, utilizing a designated property depth. (0.2772, 51) 15 02.345. SHOPPING CENTER. A retail shopping area designed as a unit, which utilizes a common parking area. 15 02.350. SIGN. Any structure, device, letter, figure, character, poster, picture, trademark or reading matter which is used or designed to announce, declare, demonstrate, display or otherwise identify or advertise, or attract the attention of the public. However, a sign shall not include the following: A. Official notices authorized by a court, public body i or public officer. B. Direction, warning, or information sign authorized !i by federal, state or municipal authority. I C. The official flag, emblem or insignia of a government, school or religious group or agency. D. Memorial plaque or tablet; "cornerstones" indicatingi the name of a building and date of construction, when cut or carved into any masonry surface or when made of bronze or other incombustible material and made an integral part of the building or structure. 15.02.355. SIGN AREA. The total area of all faces of a , sign expressed in square feet. Area is measured from the outside perimeters (including backup, molding, framing, decorative scroll work, etc.) . The area of a group of individual mounted letters or ( figures shall be the area of the geometric form necessary to enclose same. 15.02.360. SIGN HEIGHT. The distance from ground level ' to the highest point on the sign structure. 15.02.365. SIGN ABANDONED. Any sign which has been deserted and its effective use terminated, and which no longer lfulfills the purpose for which it was constructed. 15.02.370. SIGNS. ADVERTISING. A sign which directs lattention to a business, commodity or service or entertainment sold or offered elsewhere than on the premises and only incidentally on the premises. 15.02.375. SIGN BUSINESS. A sign which directs j attention to a business, commodity, service or entertainment conducted, sold or offered on the premises. 15,02,380. SIGN. CANOPY. A sign attached to the underside of a canopy. 15.02.385. SIGN, CONSTRUCTION. A temporary sign placed in advance of occupancy of a building or structure indicating the name of the building or structure, the architects, the �I 15 - i I contractors, and other information regarding the building or structure. 15.02.390. T ^IRECIIONAL AND INFORMATIONAL. A sign designated to guide or direct pedestrians or vehicles. 15 02.395. SIGN, FLASHING. An illuminated sign with action or motion, light or color changes. 15.02.400. SIGN FREESTANDING. A sign standing directly upon the ground or having one or more supports standing directly upon the ground, and being detached from any building or structure. 15 02.405. SIGN GATE OR ENTRANCE. A sign attached or adjacent to an entrance way of a residential site or subdivision which identifies the site or subdivision. 15.02.410. SIGN IDExmIFICATION. A sign used only for the purpose of identifying the occupancy of a building, structures or property. 15 02.415. SIGN ILLUMINATED. A sign designed to give forth any artificial light or reflect such light from an artifi- cial source. 15.02.420. SIGN INDIRECTLY ILLUMINATED. Illuminated non-flashing sign whose illumination is derived entirely from an external artificial source and is so arranged that no direct rays ! of light are projected from such artificial source into residences, or street. i 15 02.425. SIGN INSTITUTIONAL. A sign used only for the purpose of identifying an institution. 15.02.430. SIGN OFF-PREMISE. A sign not located on orl supported by a structure not located on the same premises as the business, product, service or activity being identified or adver- tised by such sign or an advertising sign. 15 02 435. SIGN ON-PREMISE. A sign identifying a busi ness, product, service or activity conducted or sold on the same premises as that on which the sign is located. 15.02.440. SIGN. PAINTED. A sign which is painted on any office, wall, window, fence or structure of any kind. 15 02.445. SIGN, POLITICAL. A sign advertising a candi- date for political office, or a measure scheduled for election. I 15.02.450. SIGN PORTABLE. A sign which is not perma- nently affixed to the ground, or to a building or structure and may be easily moved. 15.02.455. SIGN PROJECTING. A sign affixed to the exterior wall of a building or structure with the exposed faces perpendicular to the plane of said wall. - 16 - i 15.02,460. SIGN, ROOF. A sign attached to a building which projects above the structure of the building. (This defini- tion refers to the architectural unity of a building or structure.) 15.02.465. SIGN ROTATING. A sign containing moving parts. 15.02,470. SIGN SUBDIVISION. A sign erected and main- tained within the boundaries of a recorded subdivision and indi- cating the name of the subdivision, the name of the contractor or subdivider, the name of the owner, or agent, and giving informa- tion regarding directions, price or terms. 15.02.475. SIGN TEMPORARY. A sign intended to advertise community or civic projects, construction projects, real' estate for sale or lease or other special events on a temporary basis. 15.02.480. SIGN. WALL. A sign affixed to the exterior wall of a building or structure with the exposed face of the sign, on a plane parallel to the plane of said wall. 15,02.485. SIGN, WINDOW. A sign painted on, affixed to : or placed in an exterior window with the exposed face of the sign on a plane parallel to the plane of said window. 15.02.487. SINGLE-FAMILY DISTRICT. A Single Family Zoning District is a zoning district with any of the following designations: R1-20, R1-12, R1-9.6, R1-7.2, Single Family Residential, and RA, Residential Agricultural. (0.2772, 91) 15.02.490. SITE COVERAGE. That portion of a lot covered by buildings or structures. 15.02.495. SLOPE LINE. Defined as perpendicular to the , contour lines crossing the property. The precise bearing or heading of the slope line shall be determined by the Planning Department. 15.02.496. SOLAR FACTOR. A number assigned to every lot which is based on the lots north-south lot dimension and solar slope as determined by Table 1, Section 15.08.234. 15.02.497. SOLAR SETBACK. A setback from the northern lot line equal to the distance between the northern lot line and that point on grade immediately beneath the highest shade Producing point of a structure. i 15, 2.498. SOLAR SLOPE. The average of slope lines from the corners of the northern lot line south to a property line. The slope of a single line is determined by dividing the verticals distance between the two end points by the horizontal distance between the same two points. North facing slopes will have a negative (-) value. South facing slopes will have a positive value. 15.02.499. SOLID WASTE INCINERATOR. The processing of solid wastes by means of pyrolysis, refuse-derived fuel, or mass - 17 - Ili �II incineration within an enclosed structure. These processes may include the recovery of energy resources from such waste or the conversion of the energy in such wastes to more useful forms or combinations thereof. This definition refers to City-wide or regional 'scale operations and does not include solid waste incineration which is accessory to an individual principal use. (0.2786, §1) 15 02.500. SPECIAL PERMIT. A permit issued for uses permitted in a district provided such use meets the standards as required for such use. 35 02 501 SPECIAL TREES Trees significant due to their size age species and variety or historical importance. 15.02.502. SPECIFIED ANATOMICAL AREAS. I 1. Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (0.2687, §2) 15 02.503. SPECIFIED SEXUAL ACTIVITIES. 1. Human genitals in a state of sexual stimulation or arousal; 2. Acts of human masturbation, sexual intercourse or sodomy; 3. Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast. (0.2687. §2) 15.02.505. STACKING SPACE. The space specifically designated as a waiting area for vehicles whose occupants will be patronizing a drive-in business. Such space is considered to be located directly alongside a drive-in window, facility, or entrance used by patrons and in lanes leading up to and away from', the business establishment. 15.02.510. STRUCTURE. That which is built or constructed; an edifice or building of any kind or any piece of work composed of parts jointed together in some definite manner and includes posts for fences and signs, but does not include mounds of earth or debris. 15.02.515. STORY. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be thatli portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished-floor level directly above a basement, cellar or unused underfloor space is more than six feet above grade as defined herein for more than fifty percent of the total perimeter or is more than twelve feet above grade as defined herein at any point, - 18 - i i such basement cellar or unused underfloor space shall be con- sidered as a story. 15.02.520. STREET. A public way thirty (30) feet or more in right-of-way width which affords a primary means of access! to property. 15.02.525. TOWNHOUSE. Attached one or two-family dwel- lings, having no side yard and sharing a common wall with adjacent! dwelling units, 15.02.527. TRADE RETAIL•. The sale or rental of goods and merchandise for final use or consumption. i 15.02.528. 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. (0.2832, §1) 15.02.529. TREE. Tree shall mean any living woody plant characterized by one main stem or trunk and many branches, and having a diameter of six (6) inches or more measured at three (3) feet above ground level. 15.02.529.5. UNDEVELOPED LAND A Parcel of land which does not have an inhabitable building and/or the inhabited buildings occupy no more than three Percent of the total Parcel iarea. I 15.02.530. UNIQUE AND FRAGILE AREA. An area of special environmental significance for wildlife habitat, threatened plan communities, and/or natural scenic quality. The geographic boundaries of these areas are officially delineated on the "Hazard Area Development Limitations" map, referred to above in Exhibit A.' 15.02.531. USE. An activity for which land or premises or a building thereon is designed, arranged, intended, or for which it is occupied or maintained, let or leased. (0.2832, §1) I 15.02.532. USE, CHANGE OF. A change of use shall be determined to have occurred when it is found that the general character of the operation has been modified. This determination shall include review of but not be limited to: 1) hours of opera- tion, 2) materials processed or sold, 3) required parking, 4) traffic generation, 5) impact on public utilities, 6) clientele, and 7) general appearance and location. 15.02.534. USE. TEMPORARY. Any activity and/or structure permitted under the provisions of Section 15.08.205 of the Kent Zoning Code which is intended to exist or operate for a limited period of time and which does not comply with zoning code development standards and requirements as specified for the zoning' district in which it is located. i , 15.02.535. USED. The word "used" in the definition of "Adult Motion Picture Theatre" herein, describes a continuing course of conduct exhibiting "specific sexual activities" and i - 19 - � i i "specified anatomical areas" in a manner which appeals to a I prurient interest. (0.2687, §2) 15,02,536. VARIANCE. A modification of regulations of this code when authorized by the Board of Adjustment after finding that the literal application of the provisions of the code would cause undue and unnecessary hardship in view of certain facts and conditions applying to a specific parcel of property. 15.02.540. yggBTATION SHADING. This is vegetation planted on the south side of a major creek that generally provides, shade from midmorning to midafternoon. Examples of shading vege tation are specified in KCC 15.08.200, "Landscaping." 15 02.541. VEGETATIVE AID. Bark mulch, gravel and other) nonvegetative materials which promote vegetative growth by retaining moisture or preventing weeds. These materials are not a substitute for vegetative cover. (0.2832, §1) 15,02.545. VETERINARY CLINIC. Any premises to which animals are brought, or where they are temporarily kept, solely for the purpose of diagnosis or treatment of any illness or injury, which does not have outdoor runs. i 15.02.550. VETEgINARY HOSPITAL. Any premises to which animals are brought, or where they are temporarily kept, solely for the purpose of diagnosis or treatment of any illness or I injury, which may have outdoor runs. 15.02.555. VIEW. An unrestricted angle of vision eman- ating from a location that qualifies as view property. 15 02 560. VIEW PROPERTY. Any property having a general slope of 20 percent or more and that property located immediately ) upslope of such property for a distance of 100 feet in R1-7.2, R1-9.6, and R1-12 zones and a distance of 200 feet in all other zones, from the contour line where the slope becomes 20% or greater. 15.02,565. YARDS. The land unoccupied or unobstructed, from the ground upward, except for such encroachments as may be permitted by this code, surrounding a building site. 15.02.570. YARD, FRONT. An open space, other than the court, on the same lot with the building, between the front line of the building (exclusive of steps) and the front property line and including the full width of the lot to its side line. 15.02.575. YARD, REAR. An open space on the same line with the building between the rear line of the building (exclusive of steps, porches and accessory buildings) and the rear line of the lot including the full width of the lot to its side lines. 15.02.580. YARD SIDE. An open space on the same lot with the building between the side wall line of the building and the side line of the lot and extending from front yard to rear yard. No portion of a structure shall project into any side yard ) 20 - it I except cornices, canopies, eaves or other architectural features which may project 2 feet, 0 inches. 15.02 585. ZONING. The regulation of the use of private) lands or the manner of construction related thereto in the interest of achieving a comprehensive plan of development. Such regulation shall also govern those public and quasi-public land use and buildings which provide for proprietary-type services for the community's benefit as contrasted with governmental activi- ties. Governmental activities are encouraged to cooperate under these regulations to secure harmonious city development. 15.02.520. ZONING LOT. A tract of land occupied or to be occupied by a principal building and its accessory facilities, together with such open spaces and yards as are required under thei provisions of this code, having not less than the minimum area required by this code for a zoning purpose in the district in which such land is situated, and having its principal frontage oni a public street of standard width and improvement. A "zoning lot" need not necessarily coincide with the "record lot" which refers to land designated as a separate and distinct parcel on a legally recorded subdivision plat or in a legally recorded deed filed in the records of the County. 15.02.595. ZONING PERMIT. A certificate, issued prior to a building permit, that the proposed use is in accordance with the requirements and standards of this code. Section 2. Kent City Zoning Code Chapter 15.08.240 is amended as follows: 15.08.240. PRESERVATION OF TREES. I A----Pnrpese---the-pnrpese-ef-this-seetien-4s-to-regn}etc the-}eeatien-end-density-ef-devn}epment-based-open-the-existence e£-£crests;-weed}ends;-eepses-nnd-freestanding-trees-ef-signifi- cant-rise-en-nndeve}aped-preperty---Preservntien-ef-trees-threngh the-estab}ishment-e£-ferest-preteetien-senes-te-enhenee-the-physi- ee}-environment-is-an-adapted-pe}iep-ef-the-Kent-Eemprehensive P}en-- Purpose Retention of significant trees as required by this section is necessary to maintain and protect property values to enhance the visual appearance of the City to preserve ' the natural wooded character of the area to promote utilization_ of natural systems to reduce the impacts of development on the storm drainage system and to provide a transition between various land uses in the City. I B. Regulations. Application of regulations for the prevention-ef-the-destrnetien-ef-trees.- preservation of significant trees: 1. On all undeveloped property in the City of Kent, all trees of a six-inch caliper or greater shall be retained) on the property where they are growing. 21 - I I i i 2. Where it is not feasible to retain all trees on site due to the proposed development, a site specific tree plan, drawn to scale, shall be prepared. The tree plan shall indicate the precise location of all trees of six-inch caliper or greater on the site, in relation to proposed buildings, streets, parking areas, storm drainage facilities and utilities. Trees to be retained pursuant to this code shall be marked by encircling the j tree with a stripe of non toxic paint of a color and tune suffi cent to remain visible during on site construction activity. Trees to be retained shall be protected during construction and the drip line shall be delineated With boundary markers No grade' hanges or storage of materials shall be allowed within the tree drip ling. Drainage patterns shall not be significantly altered that may be detrimental to the sub! ct trees. li 3. The tree plan shall be submitted to the Kent Plan- ning Department for their review prior to the issuance of a zoning or building permit. 4. The Planning Department shall review the tree plan in relation to the proposed development and make a determination of which trees will be permitted to be removed. 5. The Planning Department may cause a modification of the development plan to ensure the rebainage retention of the maximum number of trees. Should the applicant elect to alter the development plan in order to preserve special trees or wooded areas in an natural state the Planning Director may waive sperifig requirements to allow for flexibility and innovation of design. 6. There shall be no clear cutting of trees of six (6)1 inch caliper diameter or greater on a-site undeveloped land for the sake purpose of preparing that site for future development. (0.2245, §1; 0.2452, §1) Enforcement Illegal removal and restoration of trees ,. Trees removed illegally from undeveloped land or trees esianated for retention which are damaged or destroved shall be replaced as follows: a One existing tree at six (6) inch diameter shall be replaced by two (2) new trees. D. For each additional three (3) inches of diameter, one new replacement of tree shall be added up to a maximum of six (6) trees. c. Replacement deciduous trees shall be at least three (3) inches in diameter at the time of planting an evergreen shall be at least twelve (12) feet in height. Section 3. Kent City Zoning Code Chapter 15.09.100 is amended as follows: - 22 - i i i i 15-09 100. VIOLATIONS. A. Complaints Regarding Violations. Whenever a violation ! of this Code occurs, or is alleged to have occurred, any person ! may file a written complaint. Such complaint stating fully the I causes and basis thereof shall be filed with the Planning Department. The Planning Department shall record properly such complaint, immediately investigate, and take action thereon as provided by this Code. i B. Penalties for Violation. Violation of the provisions of this Code or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exceptions) shall constitute a misdemeanor. Any person who violates this code or fails to comply with any of its requirements shall upon conviction thereof be fined not more than one hundred (100) dollars or imprisoned for not more than thirty (30) days, or both, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor,! agent or other person who commits, participates in, assists in, or, maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or !! remedy any violation. IIC. Continued Enforcement. Whenever a hazardous substance land use is determined to be in violation of this Code, the City Attorney may order the violator to remove the violation within a specified period of time. In the event that the City Attorney, Fire Department Chief, or their designee determines there is imminent danger to public health, safety, or welfare or to environment, the City may take immediate action to remove the violation. In such event the violator shall be liable to the City for all costs and penalties associated with the investigation, detection, removal and cleanup of the violation. In the event of collection action by the City to collect such costs, the violator shall be required to pay all legal casts and fees, including reasonable attorney fees. (0.2801, §19) g top Work Notice Whenever any work is being done or site is being occupied contrary to the provisions of the Kent Zoning Code the Planning Director or Designated Representative may order the work stopped or site be vacated by notice in writing served on any person engaged in the doing or causing of such work to be done or site to be occupied and any such person shall forthwith stop such work or site occupation until authorized by the Planning Director or Designated Representative to proceed. I I - 23 - Section 4. Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final' passage as provided by law. j DAN KELLEHER, MAYOR ATTEST: I I MARIE JENSEN, CITY CLERK i i APPROVED AS TO FORM: i � I SANDRA DRISCOLL, CITY ATTORNEY PASSED the day of 1990. APPROVED the day of , 1990. PUBLISHED the day of 1990. i I hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. I (SEAL) I, MARIE JENSEN, CITY CLERK 8650-300 24 - 0- A1� Kent City Council Meeting rn� Date July 17, 1990 ( Category Consent Calendar 1. SUBJECT: CENTRAL TELEPHONE SYSTEM UPGRADE 2 . ICommittee,,, / al to transfer from 01991ayIPnacco' d '' unts �ta�99II-- upgrade the Cit s central telephone system. Due to new construction, growth and remodeling of existing fac lities, the existing central telephone system is rapidly appro ching its capacity levels. Funds to upgrade this system, previ usly approved for 1991, need to be accelerated so that t4 needed upgrade can occur in late 1990 versus early 1991.,7/ 3 . EXHIBITS: Department memo and fiscal note 4 . RECOMMENDED BY: Information Services Department, IBC, Operations Committee on 7/10/90 (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended .-ja Not Recommended 6. EXPENDITURE REOUIRED: $80, 000 SOURCE OF FUNDS: Capital Improvement Fund 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3J INFORMATION SERVICES DEPARTMENT TO: Operations Committee FROM: Ron Spang, Information Services Director Prepared By: Dee Gergich, Telecommunications Analyst\ �► � DATE: July 5, 1990 RE: Upgrading Central Telephone system Background: In 1989 $90, 000 was set aside in the CIP Plan for acquisition of equipment upgrading and expanding the telecommunications system to accommodate new construction, growth, and remodeling of existing facilities. At this time it was anticipated that City occupation of the Centennial Center would not take place until early 1991. $70 , 000 is earmarked for telephone switch hardware and software upgrade and $20, 000 for telephones. We met with the IBC on July 3 and the IBC is recommending that the advance funding come from its original source, Capital Improvement Fund. See attached memo. Budget Objective: To accommodate new construction and growth spurred on by the 1990 occupation of the Centennial Center, $80, 000 needs to be moved up to 1990 for the acquisition of equipment upgading and expanding the tele- communications system. The remaining $10, 000 of the $90, 000 needs to remain in 1991 CIP Plan for telephones needed to accommodate growth and remodeling of the old library for Police. 1) Purchase equipment and hardware to upgrade current telephone switch and also upgrade from 4100 software to 5200 software. ($70, 000) 2) Purchase 10 digital telephone sets and 2 digital cards to provide these phones to existing staff, who are currently located elsewhere, do not use digital telephone sets, and will be moving into the Centennial Center in 1990. Currently digital telephone sets are used at Commons, City Hall and Engineering. Centennial Center will be a fourth location using digital telephones once City departments move in. ($10, 000) See attached fiscal analysis sheet. Options and Alternatives: 1) Delay installation of planned phone system upgrade, jeopardize a successful opening of Centennial Center. 2) Planning, Engineering and Code Enforcement will not be able to use their current telephones and thereby, their ability to communicate with, and respond to, the public and City staff will be adversely affected. 3) Affects the ability of the Telecommunications Division to provide needed services in a rapid growth phase of City operations and new construction that would otherwise be covered with this upgraded, enlarged tele- communications system. MCCARTHY,TONY / KENT70/FN - HPDesk print. ----------------------------------------- Message. Dated: 07/03/90 at 1748 . Subject: CENTRAL TELEPHONE SYSTEM - FISCAL NOTE Sender: Tony MCCARTHY / KENT70/FN Contents: 3 . Part 1. TO: Ron SPANG / KENT70/IS Part 2 . Part 3 . FROM: ED CHOW THE INFORMATION SERVICES DEPARTMENT IS REQUESTING THE ADVANCE FUNDING OF A TELEPHONE SYSTEM UPGRADE. $90, 000 IS INCLUDED IN THE 1991 CIP PLAN FOR TELEPHONE SYSTEM UPGRADES TO ACCOMODATE NEW CONSTRUCTION, GROWTH AND REMODELING OF EXISTING FACILITIES. AT THE TIME THE CIP WAS DEVELOPED IN THE SPRING OF 1989, THE ANTICIPATED OPENING DATE OF THE CENTENNIAL BUILDING WAS EARLY 1991. WITH COMPLETION SCHEDULED FOR LATE 1990, CERTAIN TELEPHONE ENHANCEMENTS NEED TO BE MADE IMMEDIATELY. THESE ENHANCEMENTS WILL COVER ANTICIPATED EXPANSION ASSOCIATED WITH SETTING UP THE OLD LIBRARY FOR POLICE. TO MEET THIS SCHEDULE THE INFORMATION SERVICES DEPARTMENT IS REQUESTING AN ADVANCE OF $80, 000 TO FUND THE SYSTEM UPGRADE PLUS ADDITIONAL TELEPHONE UNITS FOR THE CENTENNIAL BUILDING. EXISTING TELEPHONES WILL BE BROUGHT WITH EXISTING DEPARTMENTS, BUT THE ENGINEERING ANNEX IS CURRENTLY WITHOUT THE EXISTING CITY SYSTEM. $10, 000 REMAINS IN THE 1991 CIP FOR ADDITIONAL TELEPHONES FOR POLICE IN THE OLD LIBRARY. THE IBC RECOMMENDS THAT THE ADVANCE FUNDING COME FROM ITS ORIGINAL SOURCE, THE CAPITAL IMPROVEMENT FUND. WITH SALES TAX AND REAL ESTATE EXCISE TAX BEING ABOVE PROJECTIONS IN BOTH 1989 AND 1990, SUFFICIENT FUNDS EXIST FOR THIS ADVANCE. THE ADVANCE FREES UP $80, 000 IN 1991 CIP FUNDS. Kent City Council Meeting Date July 17. 1990 Category Consent Calendar ..f 1. SUBJECT: HEMLOCK ACRES NO. 17 FINAL PLAT NO. SV-88-3 t 2 . SUMMARY STATEMENT: Authorize August 7 , 1990 for a public meeting to consider the Hemlock Acres No. 17 final plat map. The property is approximately 4 . 15 acres in size and is located on the north side of So. 240th St. , approximately 500 feet west of 116th Ave. S.E. a 3 . EXHIBITS• None 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCALLPERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ _ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3K Kent City Council Meeting Date July 17 , 1990 Category Consent Calendar 1. SUBJECT: SOLE SOURCE PURCHASE OF ELECTRONIC HOME DETENTION EQUIPMENT - RESOLUTION 2 . SUMMARY STATEMENT: As recommended by the Public Safety Committee`,'approval of Resolution � � authorizing the Mayor to -sign resolution relating to the sole source purchase of Electronic Home Detention (Home Arrest) Equipment for the Kent Police Department. ; The Kent Police Department Corrections Division has been authorized the purchase of certain in-house monitoring system equipment. It has been concluded that there is only a single regional source of supply and manufacture of this system, and that such company is also the only source capable of providing for maintenance, parts, service, training and warranty work on such system. i 3 . EXHIBITS: Resolution r i` 4 . RECOMMENDED BY:/ Staff, City Attorney, Public Safety Committee on 7/2/90 i (Committee, ttaff, Examiner, Commission, etc. ) 5. UNBUDGETED F SCAL PERSONNEL IMPACT: NO X YES FISCAL PERS L NOTE: Recommended Not Recommended i 6. EXPENDITi REQUIRED: $ less than $25, 000 SOURCE OF DS: this is a budgeted 1990 expenditure i 7 . CITY COUN IL ACTION: i Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3L RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to the sole source purchase of Home Arrest Equipment for the Kent Police Department. WHEREAS, the Council has authorized the purchase of certain in-house electronic monitoring system equipment in concert with Corrections Facility programs administered by the Kent Police Department; and WHEREAS, the City desires to acquire the most ideally suitable monitoring equipment for use at the Kent Corrections Facility and operated with direct control by the City; and WHEREAS, the Police Department and Information Services Department have examined available manufacturers meeting desired, efficiency, system design, costs, compatability with existing automation equipment and operational standards for in-house monitoring systems which are tamper resistant and reliable for home detention of defendants subject to criminal proceedings, including pre-trial and post-trial confinement; and WHEREAS, as a result of the City's examination and study of competing systems and manufacturers, the Kent Police and Information Services Departments have determined that upon the basis of personal computer design and integration with the City's existing automation system, reliability on the basis of three-year battery life for ankle transmitters, and the ability to provide for hands on operation by Kent Corrections staff, that Trak-Tech, Inc. "Trak-I" system is the only suitable system meeting the City's multiple standards and objectives; and WHEREAS, the departments have also concluded that there is only a single regional source of supply and manufacturer of this system, and that such company is also the only source capable of providing for maintenance, parts, service, training, and warranty work on such system; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Council finds that the purchase and/or place of such equipment is clearly and legitimately limited to a single source of supply and are subject to special market conditions because of unique system design and operational requirements of the Kent Police Department and Information Services Department study. Section 2. Bidding requirements for purchasing of "Trak-I" by Trak-Tech, Inc. , as described in the Kent Police Department study hereby waived for purposes of RCW 35.23.352 and Kent City Code 4.02.010. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of 1990. Concurred in by the Mayor of the City of Kent, this _ day of 1990. DAN KELLEHER, MAYOR ATTEST: MARIE JENSEN, CITY CLERK APPROVED AS TO FORM: SANDRA DRISCOLL, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of 1990. (SEAL) MARIE JENSEN, CITY CLERK 8630-300 2 - 1" t Kent City Council Meeting j Date July 17 , 1990 Category Consent Calendar 1. SUBJECT: WINDOW WASHING CONTRACT 2 . SCARY As recommended by the Operations , •,,Committee/, uthorization to sign an agreement with Quality ) b-ui-ldxn4 Maintenance for e services. Quotations were received for washing windows at City Hall, Library, Shops and the Senior Center building. 3 . EXHIBITS• Memo 4 . RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $1, 862 per year as budgeted SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3M TO: Mayor & City Council FROM: Tony McCarthy Finance Director SUBJECT: Window Cleaning Contract We presently have a contract for "window cleaning services" with Totem Window Service Company, for the following buildings: Kent City Hall, the Library and Engineering. Central Purchasing worked with other City Building Managers to include additional buildings in the new contract. This process was able to save over $ 1, 200 annually over the previous method of contracting services. The new contract was awarded to Quality Building Maintenance, beginning July 1990 through June 1993 for clean various City building on a quarterly basis. Services starting July 1990: ANNUAL COST Kent City Hall Building $ 896 Kent City Library Building $ 226 Kent City Shops Buildings $ 328 Kent Senior Center Building $ 392 New Services to start January 1991 Kent Commons Building $ 308 Golf Course Buildings $ 384 Resource Center Building $ 328 References have been checked, therefore we request authorization be granted for the Mayor to sign the contract. Y Kent City Council Meeting 1, Date July 17 , 1990 \p Category Consent Calendar r 1. SUBJECT: ELEVATOR SERVICE CONTRACT 2 . SL%�Y STATEMENT: As recommended by the Operations i (Committee uthorization to have the Mayor sign a renewal dznitract 'with A & M Elevators, Inc. for maintaining elevators at a cost of $2 ,736 annually, 3 . EXHIBITS• Memo 4 . RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCALIPERSONNEL IMPACT: NO X YES FISCAL,/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE RE UIRED: $2 , 736 SOURCE OF FUNbS: budget 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3N �N TO: Mayor & City Council FROM: Tony McCarthy Finanace Director SUBJECT: Elevator Service Contract We presently have a contract for "elevator service" with A & M Elevator Service Company, to service the Cityhall building elevators. We recently sent out proposals for new services, based on a two year contact and would like to recommend A & M Services be awarded the new contract. Services starting July 1990: ANNUAL COST Kent City Hall Building $ 2 , 736 monthly services $ 228 References have been checked, therefore we request authorization be granted for the Mayor to sign the contract. ov Kent City Council Meeting Date July 17 , 1990 Category Consent Calendar 1. SUBJECT: SOLICITATION FOR PURCHASE OF NARCOTICS 2 . SUMMARY STATEMENT: Adoption of Ordinance "� � -� making it a crime to offer to sell or purchase narcotics. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Public Safety Committee/Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ _ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 30 ORDINANCE NO. _ AN ORDINANCE of the City of Kent, Washington, relating to solicitation of sale or purchase of narcotics; amending Ordinance 1787 (Kent City Code Chapter 9.12) . WHEREAS, the Kent City Council seeks to increase law enforcement's arsenal in the war on drugs; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Kent City Code Chapter 9.12 is amended as follows: CHAPTER 9.12 NARCOTICS AND BARBITUATES 9.12.04. UNLAWFUL TO USE OR BE UNDER INFLUENCE OF NARCOTICS - EXCEPTION. It shall be unlawful, except when lawfull), administered in good faith by a physician or other person authorized by law to do so, for any person to use or be under the influence of opium, morphine, cocaine, hydrate of chloral, isonipecaine, amidone, isosmidone, keto-bemidone, or any other substance neither chemically nor physically distinguishable from any one of them or any opiate or narcotic or derivative thereof. An individual is "under the influence" of narcotics for the purpose of this Section when any of his normal faculties are substantially affected or impaired as a result of the use of such opiate or narcotic or derivative thereof. 9.12.08. UNLAWFUL TO POSSESS NARCOTICS WITHOUT PROPER I LICENSE OR PRESCRIPTION. It shall be unlawful for any person notl being registered or licensed as is required by the Federal Act of December 17, 1914, commonly known as the Harrison Act, (Sec. 3221,1, Title 26, Ch. 27, United States Code Annotated, and the Controlled i Substance Act of October 27, 1980 - Public Law 91-513) , to possess any opium, morphine, cocaine, hydrate of chloral, isonipecaine, amidone, isosmidone, keto-bemidone, or any other substance neither chemically nor physically distinguishable from any one of them, or any opiate or narcotics or derivative thereof unless purchased by the possessor thereof upon prescription of a physician or other person licensed by law to dispense such narcotic or narcotic drug. 9.12.12. UNLAWFUL TO SELL OR GIVE AWAY NARCOTICS WITHOUT PRESCRIPTION - PRESCRIPTION RECORD. It shall be unlawful for any apothecary, pharmacist, druggist or other person, to sell, give away, exchange, barter or otherwise dispose of, any opium, morphine, cocaine, hydrate of chloral, isonipecaine, amidone, isosmidone, keto-bemidone, or any other substance neither chemically nor physically distinguishable from any one of them, o any narcotic, the principal ingredient of which is opium or any narcotic substance or preparation derived in any part from and containing as principal ingredient any opium, morphine, cocaine, hydrate of chloral, isonipecaine, amidone, isosmidone, keto-bemidone, or any other substance neither chemically nor physically distinguishable from any one of them, or any narcotic, to any person or persons, except to a physician, surgeon or dentist, for use in his profession or calling, or upon the writte iprescription of a physician, surgeon or other person licensed to issue such prescription; and unless he shall keep in a suitable land well-bound book, kept and used for that purpose only, a true and consecutive memorandum record of every such sale, gift, exchange, barter or disposition, showing the time when, the place where, the name of the proprietor or other person by whom, and the name of the person to whom, the same was made, and the quantity and kind of narcotic, and the name of the physician or surgeon upon whose prescription the same was made, if made upon a prescription, and the number of the prescription; and unless he shall place and keep on file all such prescriptions consecutively numbered. Such book and prescription shall be a public record and. shall be open at all reasonable times to the inspection of the Mayor, the Director of Health and any accredited officer of the Department of Health and Sanitation, the Chief of Police or any officer, the City Attorney, and any persons specially authorized - 2 - by the Mayor; and it shall be unlawful for any such apothecary, pharmacist, druggist or other person to fail or refuse to exhibit such book and prescriptions to any of the above named officers upon demand. 9.12.16. PRESCRIBING NARCOTICS - QUANTITY LIMITED. It shall be unlawful to prescribe opium, morphine, cocaine, hydrate of chloral, isonipecaine, amidone, isosmidone, keto-bemidone, or any other substance neither chemically nor physically distinguishable from any one of them, or any opiate or narcotic drug or derivative thereof, in such a manner as to leave the quantity of the dose or the frequency of the taking of any dose to the discretion of the person to whom such prescription is issued; and it shall be unlawful for any person dispensing any such narcotic or narcotic drug to furnish the same upon any such prescription. 9.12.20. SALE. POSSESSION OR USE OF DANGEROUS DRUGS - I iDEFINITIONS AND REQUIREMENTS. i A. It is unlawful to sell, offer to sell, purchase. offer to purchase, give away, barter, exchange, distribute, possess or use any dangerous drug except as now or hereafter authorized or permitted by the laws of the State of Washington, or'. except upon the written or oral order or prescription of a physician, surgeon, dentist, or veterinary surgeon, licensed to practice in the state, which order or prescription shall not be refilled without the written or oral order of the prescriber. B. The term "dangerous drug" for the purpose of this Chapter shall mean and include ( (any-ef-the-feilewing-drage-) ) marijuana (canibis sativa) and any controlled substance classified: in Schedule I II III or IV of Title 69.50 RCw as it now exists or shall hereafter be added to deleted from modified or amended. i ( (f- Amyta�;-}xminai--verenai--barbital;-aeid it diethy�barbitnrie;-er-any-sa}ts;-derivatives;-er-eempennds thereof;-er-any-preparation-er-eempennd-eenta#Wing-any-e£-sxeh snbstnnees;-er-their-salts;-derivatives,--er-eempednds;-er-any registered,--trade;narked;-or-eepyrighted-preparation-er-eempeand 3 - registered-in-the-Bnited-states-patent-office-eentn#Wing-mere-tken one-groin-te-tke-nveirdnpeis-er-f}nid-canoe-ef-sneh-snbsteneest S- Amphetamine;-dextreamphetamine;-dimethyitryptemine; iysergie-acid;-psiieein;-mari�nena-{eanabis-sativn};-miseniine; peyote;-er-nny-snits;-derivatives,--er-cempeands-thereof;-er-any prepnrntien-er-eempeand-eenteining-any-ef-the-foregoing sabstanees;-er-their-sets;-derivet#vas,--er-eempennds--er-any registered;-tredemnrked;-er-copyrighted-preparetien-er-eempennd registered-in-the-Hnited-6tates-patent-ef#ice-eentnining-sneh substaneest 3- Any-drag-fennd-by-federe�-haw-er-rega�atien-er Washington-6tnte-bnx-er-phermeey-beard-regnintien-er-hove-e petentie�-for-ebnse-beeense-ef-its-depressnnt-er-stima�nnt-effect en-the-eentre�-nerveas-system-er-beeense-ef-its-ha��neinegenie e£feet--er-which-is-regnired-by-enp-epp�ieeb�e-federe�-}aw-er regniatien-er-Washingten-6tete-bow-er-pharmacy-beard-regntetien-t be-used-envy-en-prescription-ef-n-pkysieinn--sargeen;-dentist;-er veterinary-sargeen-�ieensed-te-practice-in-the-state.-) ) 9.12.24. UNLAWFUL TO POSSESS WITHOUT PRESCRIPTION. It is unlawful to possess any drug mentioned in Sections 9.12.08 and 9.12.20 hereof purchased or acquired pursuant to an order or prescription except in the container in which so purchased or ( acquired. 9.12.28. UNLAWFUL TO POSSESS UNLESS SPECIFICALLY PRESCRIBED FOR PERSON IN POSSESSION. It is unlawful to possess any drug mentioned in Sections 9.12.08 and 9.12.20 unless the possessor of same be licensed to have the same in his possession, or be the party for whom the drug in question has been specifically prescribed by a physician or other person licensed byl law to dispense the same, or be the duly authorized representative) of the party for whom the drug has been prescribed. 9.12.32. UNLAWFUL TO ADMINISTER EXCEPT AS PRESCRIBED. It is unlawful to use or administer any drug mentioned in Sections 9.12.08 and 9.12.20 hereof except in the amount, for the purposes, I I I i - 4 - I and as prescribed by the order of prescription pursuant to which the same was acquired. 9.12.36. UNLAWFUL TO BE UNDER INFLUENCE IN PUBLIC PLACE. It is unlawful to be under the influence of any drug within the purview of this Chapter in any private premises or house to the annoyance of any individual or in a public place, in a vehicle in or on a public place, or in a place open to the public view or to which the public has access. An individual is "under the influence" of a drug for the purpose of this section when any of this normal faculties are substantially affected or impaired as aI result of the use of such drug. 9.12.40. PROSECUTION FOR VIOLATION - ALLEGING OFFENSE. In any prosecution for violation of this Chapter it shall not be necessary to negate any exception, proviso or exemption contained in such Chapter and the burden of proof of such exception, provisoi or exemption shall be upon the defendant. 9.12.44. UNLAWFUL POSSESSION OF INJECTION DEVICES. It shall be unlawful for any person to possess any hypodermic needle, syringe, or similar device which may be adapted or used for injecting drugs or other substances by subcutaneous or intracutaneous injection into the body, unless such possession be ', authorized for medical or physical treatment by a licensed medical) doctor or osteopathic physician; PROVIDED, however, that the provisions contained in this Section shall not apply to manufacturers, jobbers, licensed medical technicians, hospitals, nursing homes, technologists, nurses, laboratories, research teaching institutes, medical doctors, osteopathic physicians, dentists, veterinarians, pharmacists, embalmers, drug stores and drug distributors selling or using such devices in the ordinary and legal course of their respective business, trades or professions. 9.12.48. POSSESSION AS PRIMA FACIE EVIDENCE OF VIOLATION. In any prosecution under this Chapter it shall be competent to prove that any person has in his possession any of the narcotics or narcotic drugs named herein, or their derivatives, and/or any drug mentioned in Sections 9.12.08 and 9.12.20, or possession and - 5 - the proof thereof shall be prima facie evidence that said narcotic or dangerous drug was so held in violation of the terms of this Chapter; except under circumstances where the substance in question was prescribed by a physician or doctor or other licensed person for the party who has the same in his or her possession an such substance is in the container in which it was purchased or acquired, or the party in possession is the duly authorized representative of the person for whom the substance was prescribed. 9.12.52. UNLAWFUL TO AID OR ABET FURNISHING CERTAIN DRUGS TO PERSONS IN JAIL OR CUSTODY OF POLICE. It is unlawful for any person not acting under the direction of the Director of Public Health to furnish, or aid or abet the furnishing or, any opium, morphine, cocaine, hydrate of chloral, isonipecaine, amidone, isosmidone, keto-bemidone, or any substance neither chemically nor physically distinguishable from any one of them, or any opiate or narcotic, or narcotic derivative thereof, or any of the "dangerous drugs" mentioned in Section 9.12.20 to any person confined in the City Jail or in the custody of the Police Department, unless the substance in question be lawfully prescribed for said person by a doctor or physician and is given to such person under the direction of that person's physician or doctor. j I 9.12.56. PLACES no RESORT FOR USERS OF NARCOTICS AND/OR DANGEROUS DRUGS DECLARED NUISANCE. It shall be unlawful for any person, firm, corporation or agent, holding, leasing, renting, occupying or having charge and control of, any building, structure or premises, or room or rooms therein, to permit the same to be used as a place of resort for persons known to be users of narcotics, narcotic drugs, or dangerous drugs (mentioned in Sections 9.12.08 and 9.12.20) ; or to permit therein the unlawful sale, gift or distribution of narcotics, narcotic drugs, or dangerous drugs (mentioned in Sections 9.12.08 and 9.12.20) and any such place, or any place which is a resort for users of narcotics, narcotic drugs, or dangerous drugs (mentioned in Sections 9.12.08 and 9.12.20) , is hereby declared to be a public nuisance, and may be abated as such :in the manner provided by this! Chapter. 6 - i 9.12.60. ABATEMENT OF PLACES OF RESORT. Any building, structure, premises, or room or rooms therein, constituting a nuisance as defined in this Chapter, may be abated in a civil action in the manner provided by law; or the court upon final judgment of conviction for violation of this Chapter of any person found therein at the time of his arrest may forthwith, and as a part of the same proceeding, direct the Chief of Police to abate any such place as a nuisance; or the Chief of Police, upon ascertaining that any such place is a nuisance as defined by this Chapter, may proceed to summarily abate the same. Such abatement shall be effected by closing and securely locking the place abated, and excluding all persons therefrom. It shall be unlawful for an owner, agent, lessee, tenant, person in charge or occupant, to enter, use or occupy any building, structure or premises, or room or rooms therein, abated as a nuisance under the provisions of this Chapter, from and for a period of one year after the date of such abatement, unless he as principal shall therefor give and file with the City Clerk a good and sufficient surety bond, to be ( approved by the court making the order of abatement, or in case of summary abatement to be approved by the Chief of Police, in the penal sum of one thousand (1000) dollars, payable to the city of Kent, conditioned that such building, structure or premises, or room or rooms therein, will not thereafter be used in violation of this Chapter; and that he will pay all fines, cost and damages assessed against him for any violation of this chapter; and in case of the violation of any of the conditions of such bond the lwhole amount may be recovered as a penalty for the use of the City!. 9.12.64. UNLAWFUL TO FREQUENT OR BE IN PLACE WHERE NARCOTICS AND/OR DANGEROUS DRUGS ARE UNLAWFULLY KEPT, USED OR DISPOSED OF. It is unlawful for anyone, not lawfully authorized to frequent, enter, be in, or be found in, any place where narcotics, narcotic drugs, their derivatives, or dangerous drugs (mentioned in Sections 9.12.08 and 9.12.20) are unlawfully used, kept or disposed of. I 9.12.68. PENALTY FOR VIOLATIONS. Any person, firm or corporation who shall violate or fail to comply with any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a 7 i i fine of not less than two hundred fifty ($250) dollars for a firs offense, and a mandatory, not suspendable, jail term of not less than twenty-four consecutive hours. On a second or subsequent conviction, the fine shall not be less than five hundred ($500) dollars. These fines shall be in addition to any other fine or penalty imposed. The fine and jail term shall not exceed ninety (90) days or one thousand ($1,000) dollars. Section 2. Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final passage as provided by law. DAN KELLEHER, MAYOR ATTEST: MARIE JENSEN, CITY CLERK ( APPROVED AS TO FORM: SANDRA DRISCOLL, CITY ATTORNEY PASSED the day of 1990. APPROVED the day of _ , 1990. PUBLISHED the day of 1990. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) MARIE JENSEN, CITY CLERK 8540-300 8 - iyfv' l Kent City Council Meeting (�� ( Date July 17, 1990 Y \� Category Consent Calendar 1. SUBJECT: STAFFING FOR THE CITY ATTORNEY'S OFFICE 2 . SUMMARY STATEMENT: As recommended by the Operations Committee at their July 10 meeting, Authorization to hire outside legal assistance and secretarial support to provide prosecutor's services on an interim basis pending the hiring of a permanent City Attorney. Based on expenditures to date the Finance Department believes these expenditures totaling $19,457 for the interim period can be covered within the existing budget. Full analysis upon the hiring of a permanent City Attorney may require additional budget authorization. 3 . EXHIBITS: Fisc2 � ;�`% ay budget analysis 4. RECOMMENDED BY: Finance Director (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT, NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3P MCCARTHY,TONY / KENT70/FN - HPDesk print. ----------------------------------------- Subject: ATTORNEY STAFFING 3 - FISCAL NOTE Creator: Tony MCCARTHY / KENT70/FN Dated: 07/12/90 at 1146. ON APRIL 27TH, ATTORNEY STAFFING REQUEST - FISCAL NOTE WAS WRITTEN. THAT NOTE DESCRIBED THE CITY ATTORNEY'S REQUEST FOR A FULL TIME PROSECUTING ATTORNEY AND A HALF TIME SUPPORT POSITION AND SUGGESTED FUNDING THE POSITIONS FROM THE POLICE DEPARTMENT'S SEIZED ASSET FUND. THAT RECOMMENDATION WAS MADE PENDING FULL DISPOSITION OF THE SEIZED ASSETS WITH APPROPRIATE PAYMENTS TO THE STATE. SINCE FULL DISPOSITION HAS NOT OCCURRED AT THIS TIME AN ALTERNATIVE PROPOSAL NEEDS TO BE MADE. AN OPTIONAL SOURCE OF FUNDING MAY BE THE RECENTLY AUTHORIZED CRIMINAL JUSTICE SYSTEM PACKAGE. THIS WAS PASSED AT THE RECENTLY COMPLETED SPECIAL LEGISLATIVE SESSION BUT AT THIS TIME WE DON'T KNOW THE COMPLETE FISCAL RAMIFICATIONS. A THIRD SOURCE OF FUNDING APPEARS TO BE WITHIN THE EXISTING CITY ATTORNEY BUDGET. THE ATTACHED BUDGET ANALYSIS SHOWS AN ANTICIPATED UNDEREXPENDITURE OF APPROXIMATELY $25, 000. THIS IS THE RESULT OF POSITION VACANCIES, STARTING NEW POSITIONS AT THE MEDIAN STEPS, AND UNDERUTILIZATION OF CURRENTLY AUTHORIZED OUTSIDE LEGAL SERVICES. THE COMPLETE BUDGET ANALYSIS IS ATTACHED AND ASSUMES THE FOLLOWING: PAYING SANDRA DRISCOLL'S ACCRUED LEAVE THROUGH JULY 31 PAYING KATHLEEN ROGER'S ACCRUED LEAVE THROUGH JULY 31 HAVING BILL WILLIAMSON PAID AS ACTING CITY ATTORNEY FROM 7/1 TO 8/31 AT THE MEDIAN PAY LEVEL HAVING A NEW CITY ATTORNEY START AT THE MEDIAN PAY LEVEL ON 9/1 THE IBC RECOMMENDS THE USE OF OUTSIDE LEGAL AND SECRETARIAL SERVICES FOR PROSECUTOR HELP UNTIL A NEW CITY ATTORNEY IS HIRED. AT THAT TIME THE CITY WILL KNOW MORE ABOUT THE STATUS OF THE 1990 CITY ATTORNEY BUDGET, WILL KNOW THE RAMIFICATIONS OF THE CRIMINAL JUSTICE SYSTEM PACKAGE, AND WILL KNOW THE FINAL DISPOSITION OF THE SEIZED ASSET FUNDS. CSty of Kurt Analysis City Attorney EdJdgt EMPLOYEE ACCT ESTIMATED PROPOSED Ma 4). BLNIGET WJUAL JIn1 JUL AI.Ii SEF CUT NOV DEC TOTAL SAVINGS ---------------------------------------------------------------------------------------------------------------------------------------- 74410 11OI) CITY ATTORNEY 64,210 26,011 5,294 11),135 4,841 4,841 4,PA1 4,W 4,841 65,645 (1,435) L t7270 ]IlU9 AI,E u , •.,, no ',c90 ci,906 ),4� 1 42,q✓-1 it1,141JLLO J,t'll J,LLS J,LLV J 292 a) 11W RILL'S POSITION 44,316 16,990 3,405 ,4Y) 3,40, 3,40 A,021) 10;m 51150 1100 VANNEMAN '2 "` 2 "° 2,054 2, 54 2,0c.14 .' C'S4 2,I�A 33,7C17 (11) 11 3,6ab 1J,7 ) L,1.� ,JA L,.J4 , 615030 1100 BROWN 22,057 4,U05 1,8U) 1,8�) 1,"JO 1,03O 1,830 1,8)0 1,8 0 17,ki 4,562 WC 1100 ROIRS 26,240 10,890 2,w-1 2,1R0 1,971 1,973 1,973 21,169 5,071 72060 1100 RYAN 11,A7 1, -- 1 `" r" ° "L' pll" >Y .,,i b31 0:1 oJl 031 �.,1 7,025 4,v� 25870 12111 STUDER 3,411 ),411 (3,411) A611 laFJ FlR ELl 1, r o LrtoJ 22rW 2,571 (o,J 71) 2W) (2113) 21450 iS11CMAM 72060 1:100 RYAN 2,FA4 2,644 (2,644) DID OVERTIME 115 190 305 005) S1.0-TOTAL 244,767 96,945 2FJ,109 21,221 13,L1i9 17,217 19,190 19,190 19,%30 227,W 17,581 ro 4 ,,9. 4�.1•, 4 : ic o c 2XXX BENEFITS 57,1'22 21),41'2 4,442 4,602 3,0:� 7;,, 2 �9 49,06J ,J,L 3XXX S-PPLIES 9,4 1 5,592 `49 549 `49 FAY `A9 %Y 549 9,435 3 4140 INDIG COUNCIL CONTRACT 95,000 22,0011 5,5011 5,500 5,500 S,iIIU 6,5Eu) 5,500 ll,0110 66,000 29,000 OTHER INDIG SERVICES 10,500 6,145 C75 876 875 876 12,270 (1,770) OTHER LEGAL COURT STUDY 5,01-10 714 714 714 714 714 714 71FJ 5,000 0 MIFICATION 9,COO 1,'s'6 1,226 1,206 1,286 1,<,6 1,21'� 1,214 9,000 0 OUTSIDE LECAL A,000 8,4% 1,7CN 1,70i1 1,700 1,700 1,100 1,7UO 1,,A 20,:; 1"604 2 0 cc F o 75 :'3,675 "",574 31b,O: 1 4410 FILING FEE; 7t,550 l,'276 67J ,J7: ;;.,,67J 2,57 JJ,6 .. 0 (4:,450) WITNESS FEES 001-1 6,6a11 2,FT `',623 2,6 1 fi2C :,ns+ 2,62'3 2 631 25,uOO 0 44XX OTHER SERUIi:E5/iNARGES 57,76 �;,070 4,6J, 4,6 2 4, 4, 4,JF 24,68 JJ,I,nn 1,9o�cJ SUE'-TOTAL 5OS,819 146,Fa3 61,E-160 51,E-160 51,i160 51,060 51,ii611 51,11jO 56,562 5O9,510 (691) 9200 COST ALLOCATION (109,66d) (46,M) (9,06,0) f9,058) (9,06SQ (9,iJ6=,) (y,i.Itr3T ('9,1>Eej (9,069) (109,6613) 0 TOTAL CITY ATTORNEY UDGET AVAILABLE 710,478 21 ,W4 67,172 60,5106 59,=w; 63,c.A6 65,951 t5,g53 71,661 61;5,528 MIA. 1 4140 PRCISECUTOR SERVICES 4,0110 4,1100 4,uut) 12,OOO 4170 SECRETARIAL SLE'Fi1kT 1,150 2,C69 2,869 2,Er;9 3,fiC4 (7,457j TOTAL L'ITY ATTORNEY O CET 711,620 2'i,349 67,172 75,375 66,257 7i1,415 65,953 65,953 71,661 706,135 5,493 Kent City Council Meeting Date July 17 , 1990 Category Other Business 1. SUBJECT: KENT EAST CORPORATE PARK REZONE NO. RZ-90-4 2 . SUMMARY STATEMENT: This meeting will consider the Hearing Examiner's conditional approval of an application by Trammell Crow Company to rezone a portion of a 43 acre site from GWC, gateway commercial, to M-2, limited industrial. The property is located generally south of So. 212th St. , east of 84th Ave. So. , north of So. 218th St. , and abuts the west side of SR 167 . 3 . EXHIBITS: staff report, Hearing Examiner minutes, findings and recommendation 4 . RECOMMENDED BY: Hearing Examiner June 20 1990 (Committee, Staff, Examiner, Commission, etc. ) Approval with one condition. 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember / moves, Councilmember 1 seconds to accept/rej-ect7mu� the findings of the Hearing Examiner to adopt/reject/medi-fy the Hearing Examiner's recommendation of approval of the Kent East Corporate Park rezone No. RZ-90-4 with one condition and direct the City Attorney to prepare the necessary ordinance. DISCUSSION: ACTION: - 4, Council Agenda Item No. 4A Zl- 7/ CITY OF KENT OFFICE OF THE HEARING EXAMINER FINDINGS, CONCLUSIONS AND RECOMMENDATION rnrvtcrs Theodore Paul Hunter (206) 659.3390 FILE NO: KENT EAST CORPORATE PARK #RZ-90-4 APPLICANT: TRAMMELL CROW COMPANY REOUEST: To rezone a portion of a 43-acre site from the current zoning of GWC, Gateway Commercial, to M2 , Limited Industrial . LOCATION: The rezone area is located generally south of S. 212th Street, east of 84th Avenue S. , north of S. 218th Street and abuts the west side of SR 167 . APPLICATION FILED: 4/12/90 DEC. OF NONSIGNIFICANCE ISSUED• 3/29/90 MEETING DATE: 6/6/90 RECOMMENDATION ISSUED: 6/20/90 RECOMMENDATION: APPROVAL STAFF REPRESENTATIVE: Fred Satterstrom, Planning Department Kathy McClung, Planning Department Carol Proud, Planning Department PUBLIC TESTIMONY: Kirk Johnson, Trammell Crow Other James H. Rust Les Snodgrass WRITTEN TESTIMONY: None INTRODUCTION After due consideration of all the evidence presented at public hearing on the date indicated above, and following an unaccompanied 1 Findings and Recommendation Kent East Corporate Park #RZ-90-4 -personal inspection of the subject property and surrounding area by the Hearing Examiner at a time prior to the public hearing, the following findings, conclusions and recommendation are entered by the Hearing Examiner on this application. FINDINGS 1. The applicant requests a rezone of approximately 8.7 acres from the current zoning of GWC, Gateway Commercial, to M21 Limited Industrial. The purpose the rezone request is to facilitate the development of an industrial park and commercial center on a 43 acre site. 2 . The property proposed for development is located generally south of S. 212th Street, east of 84th Avenue S. , north of S. 218th Street and adjacent to the west side of the East Valley Freeway (SR 167) . The majority of the site is currently used as a plant nursery with greenhouses, maintenance buildings and apartments for nursery staff. A large portion of the site is undeveloped. The proposed rezone affects the western portion of this site. 3 . The representative of the applicant, Mr. Kirk Johnson, testified that he had oral or written authority from all property owners affected by the rezone request to be their agent and that all were in agreement with the request for a rezone. The applicant is in the process of purchasing all properties affected by the rezone request. 4 . Property uses surrounding the proposed development site include the Bowen Business Center and a trucking distribution center to the north, another trucking distribution center and a mix of commercial activities to the south, the Valley Freeway to the east and a mix of industrial land uses to the west across 84th Avenue South. Property to the north, south and west of the proposed rezone fronting 84th Avenue S. is zoned GWC, Gateway Commercial , and property to the east of the proposed rezone is M2 , Limited Industrial. 5. A final Mitigated Declaration of Nonsignificance was issued by the City for the rezone proposal on March 29, 1990 with five conditions related to transportation improvements and conditions related to the existing drainage channel and existing water wells. 6. The rezone is proposed to facilitate development of a major industrial park and commercial center. Information on number 2 Findings and Recommendation Kent East Corporate Park #RZ-90-4 of vehicle trips that might be generated by ' the new development was not available at the time of the hearing. However, approximately 600 parking spaces will be provided and 300 to 400 people will work at the site. The final Mitigated Declaration of Nonsignificance is intended to mitigate impacts from this type of development by requiring the applicant to install a traffic signal at the main entrance to the project site at approximately s. 216th Street; not using S. 218th Street until the street is improved to City standards; providing additional right-of-way along 84th Avenue S. ; and providing a pedestrian circulation system for the entire 43 acre site. 7 . The current zoning of GWC was established in June of 1989 . Prior to the GWC designation, the subject property was zoned M2 . Mr. Fred Satterstrom for the City testified that, although the rezone request was to change back what had been changed only one year ago, it was appropriate to do so because more had been learned about the specific parcels involved in the rezone and where the proper line for the GWC zone should be. The Planning Department recommended approval of the rezone request without conditions. 8 . Section 15. 04 . 195 of the Kent Zoning Code states that "it is the purpose of the Gateway Commercial District to provide retail commercial uses appropriate along major vehicular corridors. . . " . Section 15. 04180 of the Kent Zoning Code states that the purpose of the M2 , Limited Industrial, designation is to "provide areas suitable for a broad range of industrial activities whose characteristics are of a light industrial nature. " The City-wide Comprehensive Plan Map of the City of Kent designates the portion of the site fronting 84th Avenue S . as C. Commercial, and the remainder as I , Industrial. The Valley Floor Plan Map has similar designations with C, Commercial, fronting 84th Avenue S. and I, Industrial Park, for the remainder of the site. 9 . No one testified in opposition to this proposed rezone. Two members of the public did raise specific concerns regarding traffic impacts and setbacks that were addressed at the time of the public hearing. 3 Findings and Recommendation Kent East Corporate Park #RZ-90-4 CONCLUSIONS Introduction Section 15. 09 of the Kent Zoning Code requires the Hearing Examiner to use the following standards and criteria to evaluate a request for a rezone. The Hearing Examiner can recommend approval of a rezone request only if he determines that the request meets the following standards and criteria: a. The proposed rezone is consistent with the Comprehensive Plan. b. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. 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. d. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. e. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Upon review of all the evidence submitted with reference to this request for a rezone, and upon review of the standards and criteria for evaluating the request for a rezone, the Examiner concludes that: 1. The proposed rezone from GWC to M2 is consistent with the Comprehensive Plan. City policies as articulated in the Comprehensive Plan and the Zoning Code clearly favor the application of the Gateway Commercial zone along major vehicular corridors to prevent haphazard development of those areas. The proposed rezone to M2 is intended to facilitate similar goals that the Gateway Commercial zone was intended to facilitate when applied to the property in 1989 : unified development of property while ensuring land use compatibility and the exclusion of inappropriate uses. 2 . The proposed rezone and subsequent development of the site would appear to be compatible with development in the vicinity. The current uses surrounding the proposed rezone site include a mix of commercial and light industrial 4 Findings and Recommendation Kent East Corporate Park #RZ-90-4 activities. The proximity of major vehicular corridors to the site makes it more desireable as a commercial and industrial park compared to either more or less intensive uses. No adjacent property owners would be adversely affected by the proposed development that may occur as a consequence of the rezone. 3 . The proposed rezone and subsequent development will have significant adverse impacts on the transportation system in the vicinity. However, these impacts can be mitigated by conditions such as those applied as part of the SEPA review process. Additional conditions may be necessary as the extent of traffic impacts becomes more clearly known. 4 . The circumstances that have changed since the establishment of the current GWC zone less than a year ago have more to do with the zoning process than with changes in land use. The GWC zone was applied to properties adjacent to major vehicular corridors as well as properties setback from those corridors. The proposed rezone addresses properties not on the major vehicular corridors. It is apparent from testimony presented at the public hearing that these properties never should have received the GWC designation. The level of understanding of the location and potential uses for those properties now involved in the rezone request has increased over the past year so that a "correction" to the GWC zoning applied a year ago should now be made. This does not mean that it is appropriate to re-examine other rezone actions over the past year. Each request for rezone approval is unique and must be evaluated independently. 5. If precautions are taken, the proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. The proposed rezone is designed to facilitate development of a commercial and industrial park. This development could have negative impacts on the citizens of Kent if not tightly controlled during the development review process. It is also important that the applicant be able to demonstrate a clear agency relationship to the owners of the property affected by the rezone. Section 15. 09 . 050 (1) (c) of the Kent Zoning Code requires the owner or an agent of that owner to apply for a rezone. If the agency relationship is not clear, the City could suffer harm if a disgruntled owner was dissatisfied with the result obtained by the one representing himself as the agent for that owner. In this matter, the applicant could not show clear agency relationships at the time of the public hearing. It is 5 Findings and Recommendation Kent East Corporate Park #RZ-90-4 appropriate that he do so to assure the City of appropriate representation prior to final action in this matter. DECISION It is recommended that the request for a rezone be APPROVED on the condition that a clear agency relationship can be shown to exist between the applicant and the owners of the property affected by the rezone. Dated this 20th day of June, 1990. � THEODORE PAUL HUNTER Hearing Examiner APPEALS FROM HEARING EXAMINER DECISIONS . Request of Reconsideration Any aggrieved person may request a reconsideration of a decision by the Hearing Examiner if either (a) a specific error of fact, law, or judgment can be identified or (b) new evidence is available which was not available at the time of the hearing. Reconsideration requests should be addressed to: Hearing Examiner, 220 Fourth Avenue S. , Kent, WA 98032 . Reconsiderations are answered in writing by the Hearing Examiner. Notice of Right to Appeal The decision of the Hearing Examiner is final unless a written appeal to the Council is filed by a party within 14 days of the decision. The appeal must be filed with the City Clerk. Usually, new information cannot be raised on appeal. All relevant information and arguments should be presented at the public hearing before the City Council. A recommendation by the Hearing Examiner to the City Council can also be appealed. A recommendation is sent to the City Council for a final decision; however, a public hearing is not held unless an appeal is filed. 6 City of Kent - Planning Department S. 212th STREET 4 O } N Q 1 lea• 200' 300' 3 — w a w a o LL • I } 7 J 0 i Q O ,r 133.80 s.I.'M1 144,000 s.f. 214,000 S.I. ao aoo' S. 216th STREET Uj 0 13 I 620' } 0 132,000 s.f. J_j FUTURE N DEVELOPMENT J/ DRAINAGE rl DISTRICT+ S. 218th STREET I DITCHITCR .�J L __j KENT EAST CORPORATE PARK 1' - 200' 9 Ti-ar=cll CrowCompany North APPLICATION NAME: Kent East Corporate Park NUMBER: RZ-90-4 DATE: June 6, 1990 REQUEST: Rezone a portion of a 44 acre site from GWC, Gateway Commercial to M-2, Limited Industrial LEGEND Application site SITE PLAN Zoning boundary City limits City of Kent - Planning Department S. 212th STREET —ter L I 2e0' I ` I o O I I N a zoo' 000' 3 � w w a c a tL t } m � ' e � o o a g > 133,800 s.t. 144,000 s.(. 214,000 s.t. J 000 I 000' S. 216th STREET a 0 13 = I ez0' of I , I I 0 132,000 s.(. Ul J - / J Q FUTURE DEVELOPMENT I W OFiAINAG'c 11 DISTRICT f 1 i S. 218th STREET DITCH i --------------L-- L__� KENT EAST CORPORATE PARK 1" = 200' Z�22�'10 ®� TrammeR Crow Company North APPLICATION NAME: Kent East Corporate Park NUMBER: RZ-90-4 DATE: June 6, 1990 REQUEST: Rezone a portion of a 44 acre site from GWC, Gateway Commercial to M-2, Limited Industrial LEGEND Application site SITE PLAN Zoning boundary City limits Ab- City of Kent - Planning Department _EJ \� 1/ !` \1 1 l1 1k,0 i \-77 it 1111�I ryljt �T :o` il l$`�Il)J ( 1 I h♦♦ If 1 Lac) ! 1 ...iti:�5::i :=:�f:::;•:. . t. It l/ S T / 111 ' II ll i:-ter':+:(�;:�;�� r n / r , . O ••o.•. ...v::::: r:1w:.f�;�i�'YY YJ`\\1li:I C �/%l \,\ll + .Qii 'i•'"4: i! >Ai'I+�A 11♦I �i i l.� ` /l \\ •'• ',`.,�.,•`•.............:::if•=.., f. q III I'71r1 l \ U 11\\ / '•'�'� •�. \ll\X..:' iv:�jl.'.•'---5�',.�::�� I �1 �j. 1V Ili Uq�1�� `•}I�ll1A " : { '111� �J+\ r—♦ `4'ipc X. ♦`---�—�Ili,��� `�— � Il G�- $' I \\��`�(], I. //�a�1w 'i% --' is\Ii\`\.I� Il \Jl i j11 -� I �� - r t✓l l3 \II� \ � \1Ji �� �`r 1�\0\\/'` t/El /� APPLICATION NAME: Kent East Corporate Park NUMBER: RZ-90-4 DATE: June 6, 1990 REQUEST: Rezone a portion of a 44 acre site from GWC, Gateway Commercial to M-2, Limited Industrial LEGEND Application site ZONING / TOPOGRAPHY MAP Zoning boundary N. N.. City limits City of Kent - Planning Department 0 Q N S 206TN 6T 2 r S � S 208TH ST 2pe TM 5 N w = ti r � SFRR �ONEER r' CENE� RY ` 6 212TH ST i N d S 216iH ST n w 0 c S 222ND ST APPLICATION NAME: Kent East Corporate Park NUMBER: RZ-90-4 DATE: June 6, 1990 REQUEST: Rezone a portion of a 44 acre site from GWC, Gateway Commercial to M-2, Limited Industrial LEGEND Application site VICINITY MAP Zoning boundary City limits "�" Hearing Examiner Minutes June 6, 1990 KENT EAST CORPORATE PARK J REZONE #RZ-90-4 A public hearing to consider the request by Trammell Crow Company, PO Box 80326, Seattle, WA 98108, to rezone 42 . 85 acres from GWC, Gateway Commercial, to M2 , Limited Industrial. The subject property is located at the northeast corner of 84th Avenue S. and S. 218th Street. Carol Proud reiterated the request. Ms. Proud listed some of the surrounding businesses in this area. Ms. Proud commented this is a portion of a 42-acre site developed as an industrial building with a commercial portion located on East Valley Highway. Ms. Proud stated there were two separate buildings, with a commercial building on East Valley Highway. A video of the site was shown. Ms. Proud identified the surrounding uses. Ms. Proud discussed the criteria that are reviewed when a rezone request is considered. The staff is recommending approval. Mr. Hunter commented the Gateway Commercial zoning was established one year ago. He asked what circumstances have changed substantially since the establishment of the Gateway Commercial district? Ms. Proud stated, as shown in the Comprehensive Plan analysis, that the established boundaries were a compromise between what the current property owners desired versus what was reasonable in determining a zoning boundary. Ms. Proud stated that if a site-specific analysis had been done, the current request would have been incorporated into the changes initiated with the Gateway Commercial zoning. Mr. Hunter asked if the applicant would like to comment. Kirk Johnson, Trammell Crow, stated he had no formal presentation. Mr. Johnson commented there were five property owners in the rezone area. Mr. Johnson gave a brief history of the establishment of the zoning boundary. Mr. Johnson stated the requested zoning would be consistent with the type of users that would locate in the area. Mr. Johnson stated the intent is to maintain a service type of use along the East Valley Highway. Mr. Johnson gave a brief history of the ownership of this property and other property in the area. 3 Hearing Examiner Minutes June 6, 1990 Mr. Hunter asked if there was any other testimony. James H. Rust talked about the various zoning requests that have been made. Les Snodgrass, American Lenders Service Co. , had some concerns; he talked about the traffic as well as the LID imposed on his conditional use permit. He wanted to know why this request does not have the same LID condition. Mr. Snodgrass wanted to know what was the setback for the southernmost building on the site. Ms. Proud commented the developer will be participating in the 224th/228th Corridor Project as well as 218th improvements. Fred Satterstrom, Planning Department, gave a brief explanation on the process of defining the GWC zoning. Kathy McClung, Planning Department, commented on the rezone request and the amenities that would be provided. Furthermore, the goals of the GWC zone would be accomplished. There was no further testimony. The hearing was closed at 4 : 00 pm. 4 KENT PLANNING AGENCY STAFF REPORT FOR HEARING EXAMINER MEETING OF JUNE 61 1990 FILE NO: KENT EAST CORPORATE PARK #RZ-90-4 APPLICANT: Trammel Crow Company REQUEST: A request to rezone a portion of a 43 acre site from the current zoning of GWC, Gateway Commercial, to M2 , Limited Industrial, to allow the development of an industrial park and a commercial center. STAFF REPRESENTATIVE: Carol Proud STAFF RECOMMENDATION APPROVAL I. GENERAL INFORMATION A. Description of the Proposal The proposal is a request to rezone approximately 8 . 7 acres from an existing GWC, Gateway Commercial, zoning district to an M2 , Limited Industrial, zoning district. Approximately 3 . 1 acres will remain GWC, Gateway Commercial . The proposed rezone area is a portion of a 42 . 8 acre site that the proponent intends to develop as an industrial park with commercial/service uses located adjacent to 84th Avenue S. The proposed commercial/service center includes two separate buildings with a total gross leasable area of 26, 500 square feet. Access to the site will be via 84th Avenue S . and an internal circulation system. The proposed GWC, Gateway Commercial, zoning boundary extends 170 feet east of and parallel to 84th Avenue S. The subject site for the entire proposal includes seventeen separate parcels of record. B. Location The rezone area is located generally south of S. 212th Street, east of 84th Avenue S. , north of S. 218th Street and abuts the west side of SR 167 (East Valley Freeway) . 1 Staff Report Kent East Corporate Park #RZ-90-4 C. Size of Property The subject area to be rezoned is approximately 8 .7 acres of a 42 . 8 acre site. D. Zoning Currently about 11. 87 acres of the site is zoned GWC, Gateway Commercial, and the remaining 30.98 acres is zoned M2 , Limited Industrial. Property to the north fronting 84th Avenue S . is zoned GWC, Gateway Commercial, with the property to the northeast zoned M2, Limited Industrial . The City of Kent Zoning Code states that the purpose of the GWC, Gateway Commercial , zoning district is to provide retail commercial uses appropriate along major vehicular corridors while encouraging appropriate and unified development among the properties with its district. It is designed to create unique, unified and recognizable streetscapes while ensuring land use compatibility and the exclusion of inappropriate uses . It is also intended to promote flexibility in appropriate areas of site design and to encourage mixed-use developments. (Section 15. 04 . 195) Further, it is the purpose of the M2 , Limited Industrial, zoning district to provide areas suitable for a broad range of industrial activities whose characteristics are of a light industrial nature. (Section 15. 04 . 180) E. Land Use Surrounding land uses include more intensive land uses typical to the M3 , General Industrial, zoning district to the west on the opposite side of 84th Avenue S. and less intensive manufacturing and retail uses, typical to the CM, Commercial Manufacturing, zoning district, to the south. The Bowen Business Center is located north of the site and two separate trucking/distribution facilities abut the site to the north and south. F. History 1. Area History The subject property was annexed in the City of Kent in 1958 as part of the 320 acre Cloverdale Addition 2 Staff Report Kent East Corporate Park #RZ-90-4 annexation. The property was zoned to the current M2 , Industrial Park, zoning district in 1973 with the adoption of the present Zoning Code. The GWC, Gateway Commercial, zoning district was established in June 1989 , as a result of recommendations enumerated in the East Valley Land Use Study and adopted by the City Council . Several rezone applications have been considered for properties south of S. 218th Street to extend the M2 , Limited Industrial, zoning district. At the time of this writing all have been denied, and in effect, maintaining S. 218th Street as the southern most boundary of the M2 , Limited Industrial, zoning district. 2 . Site History As previously mentioned, the entire 43-acre proposal site consists of seventeen separate parcels of record. Four smaller parcels adjacent to 84th Avenue S. , the ABF Freight site to the north and the DiPietro Trucking site to the south are not included in the proposal. A majority of the eastern portion of the property to be developed as the industrial park is the former Kent Nursery site. II. ENVIRONMENTAL CONSIDERATIONS A. Environmental Assessment A final Mitigated Determination of Nonsignificance (MDNS) (#ENV-90-27) for the rezone proposal was issued on March 29, 1990 subject to the following conditions and mitigating measures: 1. Execute a no protest LID covenant for the future widening and improvement of S. 218th Street to Industrial Access Road standards (36 feet from curb to curb, curb and gutter, sidewalks, street lighting, storm drainage facilities, underground utilities and related appurtenances) . 2 . Deed the necessary property to the City to provide a half street right of way width of 50 feet for the entire property frontage of 84th Avenue S. (This shall provide adequate ROW for the extension of the northbound acceleration/deceleration/right turn lane at 84th Avenue S . and S . 218th Street. ) 3 Staff Report Kent East Corporate Park #RZ-90-4 3 . Deed the northerly 13 . 5 feet of all property paralleling and abutting S. 218th Street to provide for the widening of the street to City standards as noted in condition 1 above. 4 . Deed the necessary property to provide a right-of- way radius of 55 feet at the intersection of S. 218th Street and 84th Avenue S. 5. Deed the property necessary to provide a 50 foot right of way radius for a cul-de-sac turnaround at the easterly terminus of S. 218th Street (adjacent to SR 167) . 6 . The owner/developer shall provide an as-built by a Washington licensed land surveyor locating the King County Drainage District #1 drainage channel (Springbrook Creek) as it crosses the subject property. Grant necessary easement to the City for conveyance and maintenance of the creek. The width of the easement shall extend landward from the top of the channel bank 15 feet perpendicular and parallel to the top of the channel bank on each side of the creek. 7 . Abandon and cap, in accordance with Washington State Department of Ecology (DOE) requirements, the existing water wells serving the property including releasing the water rights thereto back to the D.O.E. B. Significant Physical Features 1. Topography and Vegetation The rezone site fronting 84th Avenue S. is undeveloped with a ground cover of grasses and shrubs. The topography of the site is relatively level. C. Significant Social Features 1. Street System The subject property has access to S. 218th Street which is classified as a local collector. The street has a public right of way width of 60 feet while the actual width of paving is less than 20 feet. The street is not improved with curbs or sidewalks. 4 Staff Report Kent East Corporate Park #RZ-90-4 2 . Water System The site is served by a 16-inch and 12-inch water main located along 84th Avenue S. adjacent to the site. A 12-inch water main located along S. 218th Street is also available to serve the site. 3 . Sanitary Sewer System A 24-inch Metro sewer main located along S. 218th Street is available to serve the site. 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. 5 . LID ' s The property is subject to a future LID for the widening and improvement of S . 218th Street extending from S. 84th Street to SR. 167 . III. 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. 5 Staff Report Kent East Corporate Park #RZ-90-4 IV. PLANNING DEPARTMENT REVIEW . A. 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 proposed rezone area is served by the Valley Floor sub- area plan. The following is a review of both plans as they relate to the subject property. CITY-WIDE COMPREHENSIVE PLAN The City-wide Comprehensive Plan is comprised of two parts, the Comprehensive Plan Map and the written goals, objectives and policies. The Comprehensive Plan Map designates that portion of the site fronting 84th Avenue S. as C, Commercial and the remainder as I, Industrial . ECONOMIC DEVELOPMENT OVERALL GOAL: PROMOTE CONTROLLED ECONOMIC GROWTH WITH ORDERLY PHYSICAL DEVELOPMENT, RESOURCE CONSERVATION AND PRESERVATION. GOAL 1: Promote diverse industrial development in industrially developed areas. Policy 1: Locate industrial land uses contiguous to the West and East Valley Highways to minimize sprawl. 6 Staff Report Kent East Corporate Park #RZ-90-4 Policy 4 : Promote the location of heavy industry between the two major rail lines on the Valley floor. 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 4 : Adopt and enforce regulations which will minimize the adverse impacts and unsafe conditions caused by strip development. Planning Department Comment As a guide to industrial development, the Comprehensive Plan states that as a goal, diversity of development should be encouraged and the physical pattern of development should occur in an orderly manner. Further, the plan addresses that commercial development should also occur in an orderly fashion to minimize any adverse impacts of strip commercial development. It was the intent of the City Council when the GWC, Gateway Commercial , zoning district was established to create a zoning district that would relieve the perceived pressures for commercial development along 84th Avenue S. and to establish a district that would avoid typical negative impacts associated with strip commercial development. This will be accomplished by the development standards for the district and the types of permitted commercial uses. In the East Valley Study a generalized commercial area was designated which bordered both sides of 84th Avenue S. The exact boundaries for the commercial district was established after a lengthy analysis of the properties fronting 84th Avenue S . and considerable input from the property owners. The resultant zoning boundary was a compromise between property dimensions and individual owners intentions. 7 Staff Report Kent East Corporate Park #RZ-90-4 The rezone request is consistent with these goals and policies. The proposed width of the zoning boundary more accurately reflects the needed dimensions for the type of commercial development that would locate at this site. Typically, because of signage requirements and the need for visibility from passing traffic a wider zoning boundary would create some portions of the site undesirable for commercial users. Any development on the site will be subject to the use regulations and development standards of the GWC, Gateway Commercial, zoning district which are more exacting than the other commercial zoning districts. VALLEY FLOOR PLAN The Valley Floor Plan Map designates that portion of the site fronting 84th Avenue S . as C, Commercial and the remainder as I , Industrial Park. CIRCULATION ELEMENT OVERALL GOAL: ESTABLISHED A BALANCED, SAFE AND EFFICIENT TRANSPORTATION SYSTEM FOR ALL MODES OF TRAVEL. GOAL 1: Assure the provision of safe and efficient routes and terminal facilities for vehicular traffic moving within and through Kent. Objective 1: Provide adequate traffic ways for both local and through traffic, separating the systems when possible. Planning Department Comment The proponent, as a result of a SEPA requirement, will install a traffic signal at the main entrance to the site at approximately S . 216th Street. South 218th Street will not be used by any development on the site until the street is fully improved to City standards. Additional right of way will be required to provide an acceleration/deceleration lane along 84th Avenue S. to facilitate vehicle traffic entering/exiting the site. In order to provide for the needs of pedestrian users of the retail portion of the proposal, the applicant must provide a pedestrian circulation system for the entire 43 acre site to accommodate foot traffic from the industrial park to the commercial/service center. This will be 8 Staff Report Kent East Corporate Park #RZ-90-4 required in conjunction with the development plan review process. B. Standards and Criteria for a Rezone Request The following standards and criteria (Kent Zoning Code, Section 15. 09 . 050) are 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. Planning Department Comment The proposed rezone is consistent with the map designations for both the City-wide Comprehensive Plan and the Valley Floor Comprehensive Plan. As previously discussed, the proposed rezone is consistent with the relevant goals and policies of both the City-wide Comprehensive Plan and the Valley Floor Comprehensive Plan. 2 . The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. Planning Department Comment It is the applicant ' s intent to establish a zoning boundary that would be more suitable for commercial development on the site and would allow the maximum development of industrial type uses. The current GWC, Gateway Commercial, zoning boundary would result in commercial development occurring behind properties that are in separate ownership fronting 84th Avenue S . The proposed 170 foot zoning boundary would more closely align the zoning boundary with these smaller parcels. The subsequent development would be compatible with the business center to the north that is developed in a similar manner to that of the subject proposal . 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. 9 Staff Report Kent East Corporate Park #RZ-90-4 Planning Department Comment Typically, industrial users provide less vehicle trips per day than commercial users. By reducing the total square footage of commercially zoned land, the proposed rezone will not unduly burden the surrounding street system. Anticipated impacts to the transportation system have been addressed by the mitigating measures and conditions required as a result of SEPA. 4 . Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. Planning Department Comment It is the intent of the GWC, Gateway Commercial, zoning district to " . . .promote flexibility in appropriate areas of site design and to encourage mixed-use developments. " The proposed rezone boundaries more accurately reflect the needs of future users of the commercial/service center. This includes high visibility from passing traffic. The additional industrial zoned land would provide optimum site design for an industrial park and in effect provide a commercial/service component for future users of the site. 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 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. C. Planning Department Findings 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 Kent East Corporate Park #RZ-90-4 1 . The City-wide Comprehensive Plan Map designates that portion of the site fronting 84th Avenue S. as C, Commercial and the remainder as I, Industrial . 2 . The Valley Floor Comprehensive Plan Map designates that portion of the site fronting 84th Avenue S. as C, Commercial and the remainder as I, Industrial Park. 3 . The site is presently zoned GWC, Gateway Commercial . 4 . The property within the rezone site is undeveloped ground, covered with native grasses and shrubs. 5. Land use in the area is mixture of commercial and industrial uses to the north, vacant ground and a former nursery site to the east, commercial and industrial uses to the south, and heavier industrial uses to the east. 6. The proposal includes the rezone of 8 . 7 acres to M2 , Limited Industrial, to allow a larger area of industrial zoned land for the future development of an industrial park. 7 . The property to remain GWC, Gateway Commercial, meets the minimum lot size for future development and will be the site of a commercial/service center. 8 . The site has access to 84th Avenue S . 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 of the Kent East Corporate Park Rezone request. KENT PLANNING DEPARTMENT May 30, 1990 11 City of Kent - Planning Department S. 212th STREET - 2 0' e O { f b - N } � tao' _ goo' soo' o W o W o c ILL LLJ m } e J O c o J O p � Q O_ 733,800 s.f.* N 744,000 s.f. 214,000 s.f. 000 300' S. 216th STREET f 0 _ o r{ , 132,000 s.f. W J J Q > FUTURE ~ DEVELOPMENT LU� DRAINAGE 111 DISTRICT S. 218th STREET DITCH L__J KENT EAST CORPORATE PARK V = 200' 1,/2V-10 Trammell Crow Company North APPLICATION NAME: Kent East Corporate Park NUMBER: RZ-90-4 DATE: .tune 6, 1990 REQUEST: Rezone a portion of a 44 acre site from GWC, Gateway Commercial to M-2, Limited Industrial LEGEND Application site SITE PLAN Zoning boundary City limits City of Kent - Planning Department it r *I ii,�l(}1 \ r c_ _ . Ji I 4l I � p ht/ - t 1 - ^t I I /I I ?ti} ���Gi:•j:.:�avii 11° '!1\ Il�'' r \11^,1\1 ... ... ::::::... � _ � ty o:•:r:<•: I r'hirtly,i�.,�l�� �,�`..-.�)�Iv MRM APPLICATION NAME: Kent East Corporate Park NUMBER: RZ-90-4 DATE: June 6, 1990 REQUEST: Rezone a portion of a 44 acre site from GWC, Gateway Commercial to M-2, Limited Industrial LEGEND Application site ZONING / TOPOGRAPHY MAP Zoning boundary City limits City of Kent - Planning Department � v N S 206TH ST Q m x r rn S 206TH ST 2pe TM 5 ry W Q � ti S _ S9HR ONEER fEiYE RY `� S 212TH ST N d 5 216TH Si I w = r 2 � I / N w 0 m m S 222N0 ST -L/ APPLICATION NAME: Kent East Corporate Park NUMBER: RZ-90-4 DATE: ,tune 6, 1990 REQUEST: Rezone a portion of a 44 acre site from GWC, Gateway Commercial to M-2, Limited Industrial LEGEND Application site VICINITY MAP Zoning boundary City limits Kent City Council Meeting C v Date July 17 , 1990 Vim\ Category Other Business 1. SUBJECT: CLID 328/334 BOND ORDINANCE AND PURCHASE CONTRACT 2 . SUMMARY STATEMENT: As discussed with the Operations Committee at their July 10, 1990 meeting, the staff is requesting the adoption of Bond Ordinance 31 and the authorization for the Mayor to sign a purchase contract in the amount of $1, 697, 303 . 49 for CLID 328/334 bonds. These bond proceeds will be used for the construction of improvements on West Valley Highway between So. 189th and 212th St. and for a sanitary sewer line improvement in the neighborhood of 121st Ave. S.E. and S.E. 276th St. The final assessment rolls for these LIDS have been adopted and the 30-day prepayment period has elapsed. The purchase contract with Lehman Brothers is at a net interest cost of 7 . 64 percent and has a gross underwriting spread of $20.45 per thousand dollar bonds. This purchase contract is recommended by the Finance Department staff. The precise net interest cost and gross underwriting spread was not available at the time of the Operations Committee meeting. The Finance Director is available to make a brief presentation. 3 . EXHIBITS: Bond Ordinance and purchase contract 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REOUIRED: $ _ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember L`t%'( � seconds the adoption of Bond Ordinance �, and the authorization for the Mayor to sign a purchase contract for LID 328/334 with Lehman Brothers. DISCUSSION: ACTION: Council Agenda Item No. 4B DRAFT CITY OF KENT, WASHINGTON ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to local improvement districts; establishing Consolidated Local Improvement District No. 328/334 and Consolidated Local Improvement Fund, District No. 328/334; fixing the amount, form, date, interest rates, maturities and denominations of the Consolidated Local Improvement District No. 328/334 bonds; providing for the sale and delivery thereof to Shearson Lehman Hutton Inc. in Seattle, Washington; and fixing the interest rate on local improvement district assessment installments. WHEREAS, the City Council of the City of Kent, Washington (the "City") , heretofore has created Local Improvement Districts Nos. 328 and 334 for various purposes; and WHEREAS, RCW 35.45. 160 authorizes the establishment of consolidated local improvement districts for the purpose of issuing bonds only and provides that if the governing body of any municipality orders the creation of such consolidated local improvement district, the money received from the installment payment of the principal of and interest on assessments levied within the original local improvement districts shall be deposited in a consolidated local improvement district bond redemption fund to be used to redeem outstanding consolidated local improvement district bonds; and WHEREAS, the assessment payments in Local Improvement District No. 328 are payable in twenty equal annual installments and the assessment payments in Local Improvement District No. 334 are payable in ten equal annual payments; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES ORDAIN as follows: Section 1. Consolidation of Local Improvement Districts . For the purpose of issuing bonds only, those local improvement districts of the City established by the following ordinances, respectively, the 30-day period for making cash payment of assessments without interest in each local improvement district having expired in the case of the assessments for each local improvement district, are consolidated into a consolidated local improvement district to be known and designated as Consolidated Local Improvement District No. 328/334: Assessment Balance Local Improvement Created by After 30-Day District No. Ordinance No. Prepayment Period 328 2735 $1,574,708.69 334 2781 122,594.80 Section 2. Creation of Bond Fund and Deposit of Assessments. There is created and established in the office of the City Finance Director for Consolidated Local Improvement District No. 328/334 a special consolidated local improvement district fund to be known and designated as Consolidated Local Improvement Fund, District No. 328/334 (the "Bond Fund") . All money presently on hand representing collections pertaining to installments of assessments and interest thereon in each of the local improvement districts listed in Section 1 shall be transferred to and deposited in the Bond Fund, and all collections pertaining to assessments on the assessment rolls of those local improvement districts when hereafter received shall be deposited in the Bond Fund to redeem outstanding Consolidated Local Improvement District No. 328/334 bonds. Section 3. Description of Bonds. Consolidated Local Improvement District No. 328/334 bonds (the "Bonds") shall be issued in the total principal amount of $1,697,303.49, being the total amount on the assessment rolls of Local Improvement Districts Nos. 328 and 334 remaining uncollected after the expiration of the 30-day interest-free prepayment period. The Bonds shall be dated August 1, 1990, and shall be numbered from - 2 - 1 to 339, inclusive, in the manner and with any additional designation as the Bond Registrar (collectively, the fiscal agencies of the State of Washington located in Seattle, Washington, and New York, New York) deems necessary for the purpose of identification. Bond No. 1 shall be in the denomination of $7,303.49 and Bonds Nos. 2 to 339, inclusive, shall be in the denomination of $5,000.00 each. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. The Bonds shall mature on August 1 in the years and amounts and shall bear interest at the rates set forth below, payable annually beginning August 1, 1991 . Bond Numbers Maturity Interest (Inclusive) Years Amounts Rates 1-3 2002 $17,303.49 % 4-17 2012 70,000.00 18-20 2002 15,000.00 21-35 2012 75,000.00 36-38 2002 15,000.00 39-53 2012 75,000.00 54-56 2002 15,000 .00 57-72 2012 80,000.00 73-75 2002 15,000 .00 76-91 2012 80,000.00 92-93 2002 10,000.00 94-110 2012 85,000.00 111-112 2002 10,000.00 113-129 2012 85,000.00 130-131 2002 10,000.00 132-148 2012 85,000.00 149-150 2002 10,000.00 151-167 2012 85,000.00 168-169 2002 10,000.00 170-186 2012 85,000.00 187-202 2012 80,000.00 203-218 2012 80,000.00 219-234 2012 80,000.00 235-250 2012 80,000.00 251-266 2012 80,000.00 267-281 2012 75,000.00 282-296 2012 75,000.00 297-311 2012 75,000.00 312-32.5 2012 70,000 .00 326-339 2012 70,000 .00 For the purpose of RCW 35.49.020 only, the Bonds maturing in 2002, except $4,708.69 of Bond No. 1, shall be allocated to LID No. 334 . 3 - Section 4. Registration and Transfer of Bonds. The Bonds shall be issued only in registered form as to both principal and interest and recorded on books or records maintained by the Bond Registrar (the "Bond Register") . The Bond Register shall contain the name and mailing address of the owner of each Bond and the principal amount and number of each of the Bonds held by each owner. Bonds may be transferred only if endorsed in the manner provided thereon and surrendered to the Bond Registrar. The transfer of a Bond shall be by the Bond Registrar's receiving the Bond to be transferred, cancelling it and issuing a new certificate in the form of the Bonds to the transferee after registering the name and address of the transferee on the Bond Register. The new certificate shall bear the same Bond number as the transferred Bond but may have a different inventory reference number or control number. Any transfer shall be without cost to the owner or transferee. The Bond Registrar shall not be obligated to transfer any Bond during the fifteen days preceding any principal payment or redemption date. Section 5. Payment of Bonds. Both principal of and interest on the Bonds shall be payable solely out of the Bond 'Fund and from the Local Improvement Guaranty Fund of the City, and shall be payable in lawful money of the United States of America. Interest on the Bonds shall be paid by checks or drafts mailed by the Bond Registrar on the interest payment date to the registered owners at the addresses appearing on the Bond Register on the fifteenth day of the month preceding the interest payment date. Principal of the Bonds shall be payable on presentation and surrender of the Bonds by the registered owners at either of the principal offices of the Bond Registrar at the option of the owners. _ 4 _ Section 6. Optional Redemption of Bonds. The City reserves the right and option to redeem the Bonds prior to their stated maturity dates on any interest payment date, in numerical order, lowest numbers first, at par plus accrued interest to the date fixed for redemption, whenever there is sufficient money in the Bond Fund to pay the Bonds so called and all earlier numbered Bonds over the above the amount required for the payment of the interest on all unpaid Bonds. All Bonds redeemed under this section shall be cancelled. Section 7. Notice of Redemption. The City shall cause notice of any intended redemption of Bonds to be given not less than fifteen nor more than thirty days prior to the date fixed for redemption by first class mail, postage prepaid, to the registered owner of any Bond to be redeemed at the address appearing on the Bond Register at the time the Bond Registrar prepares the notice, and the requirements of this sentence shall be deemed to have been fulfilled when notice has been mailed as so provided, whether or not it is actually received by the owner of any Bond. Interest on Bonds called for redemption shall cease to accrue on the date fixed for redemption unless the Bond or Bonds so called are not redeemed when presented pursuant to •the call . In addition, the redemption notice shall be mailed -within the same period, postage prepaid, to Shearson Lehman Hutton Inc. at its principal office in Seattle, Washington, or its successors, and to such other persons and with such additional information as the City Finance Director shall determine, but these additional mailings shall not be a condition precedent to the redemption of Bonds. Section 8. Failure to Redeem Bonds . If any Bond is not redeemed when properly presented at its maturity or call date, the City shall be obligated to pay interest on that Bond at the - 5 - same rate provided in the Bond from and after its maturity or call date until that Bond, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the Bond Fund and the Bond has been called for payment by giving notice of that call to the registered owner of that Bond. Section 9. Form and Execution of Bonds. The Bonds shall be printed, lithographed or typed on good bond paper in a form consistent with the provisions of this ordinance and State law, shall be signed by the Mayor and the City Clerk, either or both of whose signatures shall be manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. Only Bonds bearing a Certificate of Authentication in the following form, manually executed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance: CERTIFICATE OF AUTHENTICATION This bond is one of the fully registered City of Kent, Washington, Consolidated Local Improvement District No. 328/334 Bonds described in the Bond Ordinance. WASHINGTON STATE FISCAL AGENCY Bond Registrar By Authorized Officer The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered and are entitled to the benefits of this ordinance. If any officer whose facsimile signature appears on the Bonds ceases to be an officer of the City authorized to sign bonds before the Bonds bearing his or her facsimile signature - 6 - are authenticated or delivered by the Bond Registrar or issued by the City, those Bonds nevertheless may be authenticated, delivered and issued and, when authenticated, delivered and issued, shall be as binding on the City as though that person had continued to be an officer of the City authorized to sign bonds. Any Bond also may be signed on behalf of the City by any person who, on the actual date of signing of the Bond, is an officer of the City authorized to sign bonds, although he or she did not hold the required office on the date of issuance of the Bonds. Section 10. Bond Registrar. The Bond Registrar shall keep, or cause to be kept, at its principal corporate trust office sufficient books for the registration and transfer of the Bonds which shall at all times be open to inspection by the City. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred in accordance with the provisions of the Bonds and this ordinance, to serve as the City's paying agent for the Bonds and to carry out all of the Bond Registrar's powers and duties under this ordinance and Ordinance No. 2418 establishing a system of registration of the City' s bonds and obligations. The Bond Registrar shall be responsible for its representations contained in the Bond Registrar's Certificate of Authentication on the Bonds. The Bond Registrar may become the owner of Bonds with the same rights it would have if it were not the Bond Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as members of, or in any other capacity with respect to, any committee formed to protect the rights of Bond owners. Section 11. Preservation of Tax Exemption for Interest on Bonds. The City covenants that it will take all actions - 7 - necessary to prevent interest on the Bonds from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Bonds or other funds of the City treated as proceeds of the Bonds at any time during the term of the Bonds which will cause interest on the Bonds to be included in gross income of registered owners for federal income tax purposes. The City also covenants that, if all gross proceeds of the Bonds have not been spent within certain periods prescribed by the United States Internal Revenue Code of 1986, as amended (the "Code") , it will calculate, or cause to be calculated, and rebate to the United States all earnings from the investment of gross proceeds of the Bonds that are in excess of the amount that would have been earned had the yield on those investments been equal to the yield on the Bonds, plus all income derived from those excess earnings, to the extent and in the manner required by Section 148 of the Code and applicable regulations. If the City fails to meet rebate requirements applicable to the Bonds under Section 148 of the Code, the City covenants that, to the extent permitted by that Section, it will pay the penalty provided in Subsection 148(f)(7)(C) if required to prevent interest on the ,Bonds from being included in gross income of registered owners 'for federal income tax purposes. The City certifies that it has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that it is a bond issuer whose arbitrage certifications may not be relied upon. Section 12. Bonds Negotiable, The Bonds shall be negotiable instruments to the extent provided by RCW 62A.8-102 and 62A.8-105. Section 13. Approval of Bond Purchase Contract. Shearson Lehman Hutton Inc. of Seattle, Washington, has presented a 8 - purchase contract (the "Bond Purchase Contract") to the City offering to purchase the Bonds under the terms and conditions provided in the Bond Purchase Contract, which written Bond Purchase Contract is on file with the City Clerk and is incorporated herein by this reference. The City Council finds that entering into the Bond Purchase Contract is in the City's best interest and therefore accepts the offer contained therein and authorizes its execution by City officials. The Bonds will be printed at City expense and will be delivered to the purchaser in accordance with the Bond Purchase Contract, with the approving legal opinion of Foster Pepper & Shefelman, municipal bond counsel of Seattle, Washington, regarding the Bonds printed on each Bond. Bond counsel shall not be required to review and shall express no opinion concerning the completeness or accuracy of any official statement, offering circular or other sales material issued or used in connection with the Bonds, and bond counsel ' s opinion shall so state. The City Council has been provided with copies of a preliminary official statement dated July 5, 1990 (the "Preliminary official Statement") , prepared in connection with 'the sale of the Bonds. For the sole purpose of the purchaser's compliance with Securities and Exchange Commission Rule 15c2-12(b) (1) , the City "deems final" that Preliminary official Statement as of its date, except for the omission of information as to offering prices, interest rates, selling compensation, delivery date, rating and other terms of the Bonds dependent on such matters. The proper City officials are authorized and directed to do everything necessary for the prompt delivery of the Bonds to the purchaser, including without limitation the execution of the - 9 - Official Statement on behalf of the City, and for the proper application and use of the proceeds of the sale thereof. Section 14. Interest Rate on Assessments. The interest rate on the installments and delinquent payments of the special assessments in Local Improvement Districts Nos. 328 and 334 is revised and fixed at the rate of % per annum. Section 15. 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 b `EH ,FT DAN KKELLHER, Mayor ATTEST: DRAFT MARIE JENSEN, City Clerk APPROVED AS TO FORM: Special Counsel and Bond Counsel for the City Passed the day of 1990. Approved the day of 1990. Published the day of , 1990. I certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) MARIE JENSEN, City Clerk SLH-458` - 10 - DRAT $1,697,303.49 City of Kent, Washington Consolidated Local Improvement District No. 328/334 Bonds BOND P R HA E CONTRACT July 17, 1990 Honorable Mayor and Members of the City Council City of Kent 220 Fourth Avenue South Kent, Washington 98032-5895 Honorable Mayor and Members of the City Council: Shearson Lehman Hutton Inc. (the "Purchaser"), is pleased to offer to purchase from the City of Kent (the "Seller") all of its $1,697,303.49 principal amount of Consolidated Local Improvement District No. 328/334 Bonds, (the 'Bonds"). This offer is based upon the terms and conditions set forth below and in Exhibit A attached, which when accepted by the Seller shall constitute the terms and conditions of our Purchase Contract for the Bonds. Those terms and conditions are as follows: 1. Prior to the date of delivery and payment for the Bonds identified in paragraph i of Exhibit A ("Closing"), the Seller shall pass an ordinance authorizing the issuance of the Bonds (the 'Bond Ordinance") in form and substance acceptable to the Purchaser. 2. The Seller shall sell and deliver to the Purchaser, and the Purchaser shall purchase, accept delivery of and pay for the entire $1,697,303.49 principal amount of the Bonds, and only that amount. 3. The Seller consents to and ratifies the use by the Purchaser of the information contained in the Preliminary Official Statement relating to the Bonds, a copy of which is attached to this Purchase Contract as Exhibit B (the "Preliminary Official Statement"), in marketing the Bonds, authorizes the preparation of a Final Official Statement (the "Final Official Statement") for the Bonds containing such revisions and additions to the Preliminary Official Statement as the Finance director and the City Attorney of the Seller deem necessary, and further authorizes the use of the Final Official Statement in connection with the public offering and sale of the Bonds. 4. The Seller represents, warrants to, and agrees with the Purchaser, as of the date hereof and as of the date and time of Closing, that: a. The Seller has and will have at Closing full legal right, power and authority to enter into and perform its obligations under this Purchase Contract and under the Bond Ordinance, to adopt the Bond Ordinance and to sell and deliver the Bonds to the Purchaser; b. This Purchase Contract, the Bond Ordinance and the Bonds do not and will not conflict with or create a breach of or default under any existing law, regulation, judgment, order or decree or any agreement, lease or instrument to which the Seller is subject or by which it is bound; c. No governmental consent, approval or authorization other than the Bond Ordinance is required in connection with the sale of the Bonds to the Purchaser; d. This Purchase Contract, the Bond Ordinance and the Bonds (when paid for by the Purchaser) are, and shall be at the time of Closing, legal, valid and binding obligations of the Seller enforceable in accordance with their respective terms, subject only to applicable bankruptcy, insolvency or other similar laws generally affecting creditors' rights; e. The Bond Ordinance shall have been duly authorized by the Seller, shall be in full force and effect and shall not have been amended except with the written consent of the purchaser at the time of Closing;; f. The Preliminary Official Statement, except as to matters corrected in the Final Official Statement which shall be available within seven days of the date of this Purchase Contract is approved so that the Final Official Statement is available to accompany confirmations that the Purchaser sends to its customers in compliance with the requirements of Rule 15C2-12(b)(4) of the Securities Exchange Act of 1934, as amended, and with the requirements of Rule G-32 of the Municipal Securities Rulemaking Board, shall be accurate and complete in all material aspects as of its date with respect to information obtained from or utilized by officers and employees of the Seller in the normal course of their duties, and the Final Official Statement, which will be available to Purchaser seven days after this Purchase Contract is approved, shall be accurate and complete in all material respects as of its date and as of the date of Closing to the knowledge and belief of such officers and employees; and g. Any certificate or copy of any certificate signed by any official of the Seller and delivered to the Purchaser pursuant to or in connection with this Purchase Contract shall be deemed a representation by the Seller to the Purchaser as to the truth of the statements therein made and is delivered to the Purchaser for such purpose only. —2— 5. As conditions to the Purchaser's obligations hereunder: a. From the date of the Seller's acceptance of this Purchase Contract to the date of Closing, there shall not have been any: (1) Material adverse change in the financial condition or general affairs of the Seller; (2) Event, court decision or proposed law, rule or regulation which may have the effect of changing the federal income tax exemption of the interest on the Bonds or the transactions contemplated by this Purchase Contract or the Preliminary and Final Official Statements; (3) International and national crisis, suspension of stock exchange trading or banking moratorium materially affecting the marketability of the Bonds; or (4) Material adverse event with respect to the Seller which in the reasonable judgment of the Purchaser requires or has required an amendment, modification or supplement to the Final Official Statement and such amendment, modification or supplement is not made. b. At or prior to Closing, the Purchaser shall have received the following: (1) The Bonds, in definitive form and duly executed and authenticated; (2) A certificate of authorized officers of the Seller, in form and substance acceptance to the Seller and Purchaser, to the effect: (i) that the Seller's execution of the Final Official Statement is authorized, (ii) that, to the knowledge and belief of such officers, the Preliminary Official Statement did not as of its date and Final Official Statement (collectively the "Official Statements") (including the financial and statistical data contained therein) did not as of its date or as of the date of Closing contain any untrue statement of material fact or omit to state a material fact necessary to make such statements, in light of the circumstances under which they were made, not misleading; and (iii) that the representations of the Seller contained in this Purchase Contract are true and correct when made and as of Closing; —3— (3) An approving opinion or opinions of the law firm identified in paragraph I of Exhibit A as bond counsel or from another nationally recognized firm of municipal bond lawyers (either or both of which shall be referred to as "Bond Counsel") satisfactory to the Purchaser and dated as of Closing, to the effect: (i) that the Seller is duly organized and legally existing as a City under the laws of the State of Washington with full power and authority to adopt the Bond Ordinance and to issue and sell the Bonds to the Purchaser; (ii) that the Bonds are valid, legal and binding obligations of the Seller, except to the extent that such enforcement may be limited by bankruptcy, insolvency or other laws affecting creditors' rights; (iii) the sections of the Official Statement entitled "AUTHORIZATION," "THE BONDS," "TAX EXEMPTION" and "CERTAIN OTHER FEDERAL TAX CONSEQUENCES", as well as the first, second, fourth and sixth paragraphs under the heading "SECURITY" conform to the Bonds and applicable laws; (iv) that Internal Revenue Code of 1986, as amended (the "Code"), including arbitrage and arbitrage rebate requirements, interest on the Bonds is excluded from gross income for federal income tax purposes under existing federal law, including the Code, except that interest on the Bonds received by corporations in taxable years beginning after December 31, 1986, may be subject to an alternative minimum tax and, in the case of certain corporations, an environmental and/or foreign branch profits tax, and interest on the Bonds received by certain S corporations may be subject to tax; and (v) that the Bonds are not "arbitrage bonds" within the meaning of Section 148 of the Code; (4) A letter of Bond Counsel, dated the date of Closing and addressed to the Purchaser, to the effect that it may rely upon the opinion or opinions in subparagraph (3) above as if it or they were addressed to the Purchaser. (5) A certificate of authorized officers of the Seller to the effect that no litigation is pending, or to the knowledge of the Seller threatened, against the Seller in any court: (i) to restrain or enjoin the sale or delivery by the Seller of the Bonds; (ii) in any manner questioning the authority of the Seller to issue, or the issuance or validity of, the Bonds; (iii) questioning the constitutionality of any statute, ordinance or resolution, or the validity of any proceedings, authorizing the issuance of the Bonds; (iv) questioning the validity or enforceability of the Bond Ordinance; (v) contesting in any way the completeness, accuracy or fairness of the Official Statements; (vi) questioning the titles of any officers of the Seller to their respective offices or the legal existence of the Seller under the laws of the State of Washington; or (vii) which might in any material respect adversely affect the transactions contemplated herein and in the Official Statements to be undertaken by the Seller; —4— (6) A certificate signed by authorized officers of the Seller to the effect that the officers of the Seller who signed or whose facsimile signatures appear on the Bonds were on the date of execution of the Bonds the duly elected or appointed, qualified and acting officers of the Seller and that their signatures are genuine or accurate facsimiles; (7) A certificate of authorized officers of the Seller to the effect that the Seller has not been and is not in default as to principal or interest payments on any of its bonds or other obligations, and has not failed to honor the provisions of any law providing for the restoring of a debt service reserve fund to required levels; (8) A certificate of authorized officers of the Seller to the effect that, from the respective dates of the Official Statements and up to and including the date of Closing, the Seller has not incurred any material liabilities direct or contingent, nor has there been any material adverse change in the financial position, results of operations or condition, financial or otherwise, of the Seller, except as described in the Official Statements; (9) A certified copy of the Bond Ordinance; (10) A definitive copy of the Final Official Statement, signed on behalf of the Seller by the City Finance Director; (11) A non—arbitrage certificate signed by an authorized officer of the Seller; (12) A certified copy of this Purchase Contract; and (13) Such additional legal opinions, certificates, instruments and documents as the Purchaser may reasonably request to evidence the truth, accuracy and completeness, as of the date hereof and as of the date of Closing, of the representations and warranties contained herein and of the statements and information contained in the Official Statements and the due performance by the Seller at or prior to Closing of all agreements then to be performed and all conditions then to be satisfied by the Seller. 6. The Seller shall pay the fees and disbursements of Bond Counsel, and the Seller's other consultants and advisors, and the costs of preparing, printing and executing and registering the Bonds. The Purchaser shall pay the costs of preparing, printing and distributing the Final and Preliminary Official Statements (except in the circumstances and to the extent set forth in paragraph 7 hereof), the fees and disbursements of the Purchaser's counsel, if any, the printing and filing of blue sky and legal investment surveys, where necessary, the Purchaser's expenses relative to Closing, including the cost of federal funds and the Purchaser's travel expenses. —5— 7. If, during the period ending on the earlier of August 15, 1990, or the date on which the Purchaser shall have completed the distribution and delivery to the public of all of the Bonds, any material adverse event affecting the Seller or the Bonds shall occur which results in the Final Official Statement containing any untrue statement of a material fact or omitting to state any material fact necessary to make the Final Official Statement, or the statements or information therein contained, in light of the circumstances tinder which they were made, not misleading, the Seller shall notify the Purchaser and, if in the opinion of the Seller and the Purchaser such event requires a supplement or amendment to the Final Official Statement, the party whose omission, misstatement or changed circumstance has resulted in the supplement or amendment will at its expense supplement or amend the Final Official Statement in a form and in a manner approved by the Seller and the Purchaser. 8. Any notice or other communication to be given to the Seller under this Purchase Contract shall be given by delivering the same in writing to its respective address set forth above. Any notice or other communication to be given to the Purchaser under this Purchase Contract shall be given by delivering the same in writing to Shearson Lehman Hutton Inc., 999 Third Avenue, Suite 4000, Seattle, Washington 98104-4075 (Attention: Richard B. King, Vice President, Public Finance). 9. Upon acceptance of this Purchase Contract, this Purchase Contract shall be binding upon the Seller and the Purchaser. This Purchase Contract is intended to benefit only the parties hereto. The Seller's representations and warranties shall survive any investigation made by or for the Purchaser, delivery and payment for the Bonds, and the termination of this Purchase Contract, except that such representations and warranties contained in the Official Statement shall not survive if Purchaser becomes aware that the facts contained in the Official Statement are incorrect or misleading and Purchaser fails to advise Seller of such incorrect or misleading statements. Should the Purchaser fail (other than for reasons permitted in this Purchase Contract) to pay for the Bonds at Closing, the amount set forth in paragraph i of Exhibit A shall be paid by the Purchaser as liquidated damages in full, and costs shall be borne in accordance with Section 6. Should the Seller fail to satisfy any of the foregoing conditions or covenants, or if Purchaser's obligations are terminated for any reason permitted under this Purchase Contract, then neither the Purchaser not the Seller shall have any further obligations under this Purchase Contract, except that any expenses incurred shall be borne in accordance with Section 6. —6— 10. This offer expires on the date set forth in paragraph h of Exhibit A. Respectfully submitted, SHEARSON LEHMAN HUTTON INC. Richard B. King Vice President Public Finance — Seattle ACCEPTED by the City of Kent, Washington, this 17th day of July, 1990. CITY OF KENT, WASHINGTON By Dan Kelleher, Mayor ATTEST: By Marie Jensen RBK:nim/0061 C Enclosures —7— EXHIBIT A DESCRIPTION OF BONDS a. Purchase Price: $ per $100.00 par value, or $ which reflects an underwriting discount of $ (—%), plus accrued interest from August 1, 1990, to the date of Closing. b. Denominations: $5,000 or integral multiples thereof within a single maturity, except for Bond No. 1, which shall be in the denomination of $7,303.49. c. Dated Date: August 1, 1990. d. Form: Fully registered with privileges of exchange at the expense of the Seller. e. Interest Payable: Annually on August 1 commencing August 1, 1991. f. Maturity Schedule: Bonds shall mature on August 1, 2002 and on August 1, 2012 and shall bear interest at the rates set forth below: Bond Interest Bond Interest Nos. Amount_ Rate Maturity Nos. Amount Rate Matyrity 1-3 $17,303.49 % 2002 132-148 $85,000 % 2012 4-17 70,000 2012 149-150 10,000 2002 18-20 15,000 2002 151-167 85,000 2012 21-35 75,000 2012 168-169 10,000 2002 36-38 15,000 2002 170-186 85,000 2012 39-53 75,000 2012 187-202 80,000 2012 54-56 15,000 2002 203-218 80,000 2012 57-72 80,000 2012 219-234 80,000 2012 73-75 15,000 2002 235-250 80,000 2012 76-91 80,000 2012 251-266 80,000 2012 92-93 10,000 2002 267-281 75,000 2012 94-110 85,000 2012 282-296 75,000 2012 111-112 10,000 2002 297-311 75,000 2012 113-129 85,000 2012 312-325 70,000 2012 130-131 10,000 2002 326-339 70,000 2012 g. Net Interest Cost: Average Interest Rate: h. Redemption: The Seller reserves the right to redeem the Bonds on any annual interest payment date at 100% of par plus accrued interest to the date of redemption. i. Location and Estimated Closing Date: Seattle, Washington, August 1, 1990. j. Required Ratings of Bonds: None. k. Bond Counsel: Foster Pepper & Shefelman. 1. Method of Payment: Federal Funds draft or wire. M. Offer Expires: July 17, 1990, 12:00 midnight. RBK:m n10061 C —8— JUL C9 "DO 14:fir, SHEGRSOf I LEHNR I F.31"4 CITY OF KENT, WASHINGTON CLID NO. 329/334 Proposed Pricing Information July 9, 1990 A. Comparison of Initial Re-Offering Yields Issue $1,697,303 $568,189 $252,656 City of Kent City of Auburn City of Kennewick CLID No. 328/334 CLID No. 338/339 LID No. 203 Sale Date July 17 July 2 May 15 Underwriting Spread $20.45 $19.00 $31.92 Net Interest Cost 7.64% 7.3811/6 7.69% NIC/RBI (1) 102.83% 98.66% 100.39% AV;Assessments (2) 47.2;1 10.5:1 11.8;1 y (3) Proposed Initial Initial Initial 8e..=.Qff c.1-.t22Z.Y1jLd.5 Re-Offering Yields Re-Offering Yields 1991 6.40% 6.40% 6.60% 1.992 6.55 6.55 75 1993 6. 6.70 6.70 6.90 19Q4 6.80 6.80 7.00 1995 6.90 6.90 . 7,10 1996 7.00 7.00 7.20 1997 7.05 7.05 7.30 1998 7.10 7.10 7.40 1999 7.20 7.20 7.50 2000 7.25 7.30 7.60 2001 7.30 -- 2002 7.40 2003 7.50T- 2004 7.60 _ -- 200S 7.65 2006 7.65 -- 2007 7.70 -T 2008 7.70 -- 2009 7.70 _ -- 2010 7.70 __ W 7 5 LZA 6/21 6/14 10 Revenue Bond Index (4) 7.43% 7.48% 7.53% 7.46% 7.49% 7.66% (1) Net interest cost divided by the Revenue Bond Index at the time of sale. (2) Ratio of assessed valuation to assessments. (3) Estimated maturities. (4) Calculated weekly by The B M(LBuyef, this index provides a general indication of initial re-offering yields for 25-year revenue bonds, JUL 09 '90 14:56 SHEARSOH LEHNAfl P.4i4 B, Proposed Underwriting Discount p.�r.. .9QSLFGius1 Total Average Takedown $12.95 $21,980 Net to Underwriting 2.00 3,395 Expenses (1) 1.50 2,546 Manage al lluaa 3 Management Fee 4M 6J89 (1) Breakdown as follows: Fed Funds and Day loan $ 462 Official Statement Preparation 849 Mailing and Overnight Delivery (a) 224 Clearance 849 Other t62 $2,546 (a) 75 x $ 2.25 4 x 12.50 20 x 0.25 1417k Kent City Council Meeting Date July 17, 1990 � ; Category Other Business 1. SUBJECT: SOUTH 218 ST. REZONE NO. RZ-90-2 2. SUMMARY STATEMENT: This public meeting will consider the Hearing Examiner's recommendation of denial of an application by Lawrence M. Campbell to rezone 7 .76 acres from CM-1, commercial manufacturing, to M-2 , limited industrial. The property abuts the south side of So. 218th St. from approximately 820 feet east of 84th Ave. So. to the Drainage District No. 1 drainage ditch. Mr. Campbell has filed an appeal , which is shown as Public Hearing Item No. 2A. 3 . EXHIBITS: Staff report, Hearing Examiner Minutes, Findings and Recommendation 4 . RECOMMENDED BY: Hearing Examiner, May 30, 1990 _ (Committee, Staff, Examiner, Commission, etc. ) Denial 5. UNBUDGETED I CAL PERSONNEL IMPACT: NO YES FISCAL PERS L NOTE: Recommended Not Recommended 6. EXPENDITURE REdUIRED: $ SOURCE OF ,( 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember tr '� seconds to accept/reject odi- y the findings of the Hearing Examiner, and to adopt/rej-ect/modify the Hearing Examiner's recommendation of denial of So. 218th St. rezone No. RZ-90-2 . DISCUSSION: } `- �•' ACTION: ..' r Council Agenda Item No. 4C KENT PLANNING AGENCY STAFF REPORT FOR HEARING EXAMINER MEETING OF MAY 16, 1990 FILE NO: SOUTH 218TH STREET REZONE #RZ-90-2 APPLICANT: Lawrence M. Campbell and Associates REQUEST: A request to rezone 7 . 76 acres from an existing CM-1, Commercial Manufacturing, zoning district to an M2 , Limited Industrial, zoning district. STAFF REPRESENTATIVE: Carol Proud STAFF RECOMMENDATION: DENIAL I . GENERAL INFORMATION A. Description of the Proposal The applicant proposes to rezone 7 . 76 acres that is currently within a CM-1, Commercial Manufacturing, zoning district to an M2 , Limited Industrial, zoning district. No specific development proposal is submitted with the rezone request. The proposal includes nine separate parcels of record (see attached map) . B. Location The proposed rezone area abuts the south side of S . 218th Street from approximately 820 feet east of 84th Avenue S . (East Valley Road) to the Drainage District #1 drainage ditch. C. Size of Property The subject area is approximately 7 . 76 acres in size. D. Zoning The property is currently zoned CM-1, Commercial Manufacturing. South 218th Street is the southern boundary of an M2 , Limited Industrial , zoning district that extends 1 Staff Report South 218th Street #RZ-90-2 north to S . 180th Street. The newly implemented GWC, Gateway Commercial, zoning district abuts the east side of 84th Avenue S . , west of the subject site. The CM-1, Commercial Manufacturing, zoning district extends south to approximately S . 222nd Street and the SR 167 overpass. The City of Kent Zoning Code states that the purpose of the CM-1, Commercial Manufacturing, zoning district is to provide locations for those types of developments which combine some characteristics of both retail establishments and industrial operation, heavy commercial and wholesale uses. (Section 15 . 04 . 120) Further, it is the purpose of the M2 , Limited Industrial, zoning district to provide areas suitable for a broad range of industrial activities whose characteristics are of a light industrial nature. (Section 15 . 04 . 180) E. Land Use Surrounding land uses include more intensive industrial development north of the proposed rezone site and less intensive manufacturing and retail uses, typical to the CM, Commercial Manufacturing, zoning district, to the south and west. A mobile home park and an apartment complex are located southwest of the proposed rezone area. Property to the north and directly northwest on the north side of S. 218th Street (including the former Kent Nursery site) is currently in the initial stages of development review for the construction of a 43 acre warehouse distribution and retail/service facility. F. History 1. Area History The subject property was annexed in the City of Kent in 1958 as part of the 320 acre Cloverdale Addition annexation. The property was initially zoned C3 , General Commercial , in 1960 and rezoned to the current CM, Commercial Manufacturing, zoning district in 1973 with the adoption of the present Zoning Code. On February 28 , 1978 , the Planning Commission denied a similar M2 , Limited Industrial, zone change request of ten acres that included portions of the subject rezone site. The denial was based on an inadequate circulation system to accommodate increased potential 2 Staff Report South 218th Street #RZ-90-2 heavy truck traffic and that an M2 , Limited - Industrial , zoning designation would be detrimental to the mixed uses located in the surrounding neighborhood. In March 1988 , the Planning Department completed the East Valley Study which analyzed development and land use policy in the eastern portion of Kent' s industrial valley. The proposed rezone site was included the study area. In June 1988 , the Kent City Council adopted several recommendations of the Study which included changes to the Valley Floor Comprehensive Plan Map. The subject site retained the designation of IP, Industrial Park. 2 . Site History The applicant for the proposed rezone request represents a trucking firm that is located on approximately two acres within the proposed rezone area and has been in operation at this location for over five years. In April 1984 , the Planning Department received a letter from the president of the trucking firm, requesting the approval of a transportation terminal facility at their present site. Based on the description and the extent of the intended use, the request was denied. The Planning Department ' s interpretation was that the described use was a transportation terminal" and, as such, was a principally permitted use in an M3 , General Industrial , zoning district. The use was also permitted in an M2 , Limited Industrial, zone as a conditional use and not allowed at all in the existing cm, Commercial Manufacturing, zoning district. The firm appealed the Planning Department ' s administrative interpretation to the Board of Adjustment. The Department' s interpretation was upheld in June 1984 . The Board agreed to hear the appeal again in August 1984 after the Board' s bylaws had been rewritten to more clearly define action if only three Board members are present at a meeting. At the requested 1984 meeting, the Board overturned the Planning Department ' s interpretation after considerable debate. At issue was the size of the operation. The applicant and supporters contended that the operation was small and the amount of 3 Staff Report South 218th Street #RZ-90-2 activity was minimal. It more closely resembled a - commercial activity rather than a heavy trucking industrial activity. A majority of the Board members agreed that a smaller operation would not be detrimental to the surrounding neighborhood and overturned the Planning Department ' s interpretation. The trucking firm purchased an adjacent site in 1987 (that is included in the subject rezone request) and applied for a site specific rezone in 1987 from CM1 to M2 to allow the expansion of the facility (with a conditional use permit) . The City Council denied the request in April, 1988 . The request did not meet the criteria established in the Kent Zoning Code for granting a rezone (see March 2 , 1990, Hearing Examiner Findings and Conclusions included in file of record) . The adjacent parcel , which fronts S . 218th Street, is currently in use by the firm as an accessory parking lot. Continued use of the lot is subject to zoning violation proceedings as an expansion of the principally permitted use with out first obtaining necessary construction and use permits . II . ENVIRONMENTAL CONSIDERATIONS A. Environmental Assessment A final Mitigated Determination of Nonsignificance (MDNS) (#ENV-90-118) for the rezone proposal was initially issued on January 11, 1990 . One of the mitigating measures for the proposal included the expansion of the rezone area to mitigate adverse impacts to surrounding properties and uses remaining in the CM1, Commercial Manufacturing, zoning district. After a good faith attempt to expand the proposed rezone boundary and ultimately unable to do so, the applicant requested a reconsideration of the MDNS to exclude this condition. A revised Mitigated Determination of Nonsignificance was subsequently issued subject to the following conditions and mitigating measures: 1 . Traffic mitigation to be assessed at the time of Building Permit submittal . Shou'd the number of trips generated by the proposed developments exceed those allowed under the current zoning, those trips will be assessed at the 100% fee or $2 , 152/trip. 4 Staff Report South 218th Street #RZ-90-2 Prior to the approval of the Rezone: 2 . Execute a no protest LID Agreements for the future widening and improvements of S. 218th Street to Industrial Access Road standards (36 feet from curb to curb, curb and gutter, sidewalks, street lighting, storm drainage facilities, underground utilities and related appurtenances) . 3 . Deed the northerly 13 . 5 feet of all property paralleling and abutting S . 218th Street to provide _ for the widening of the street to City standards as noted in condition 2 above. 4 . The owner/developer shall provide an as-built by a Washington licensed land surveyor locating the Drainage channel which exists along the westerly _ property boundary with respect to the property lines of this rezone. For the portion of the Drainage channel that lies within this property, grant to the City easements for Drainage and maintenance purposes said width of the easement shall extend landward from the top of the channel bank 15 feet in order to accommodate a maintenance road for said channel . 5. Development and/or use of the property in accordance with respective permitted uses allowed under this Rezone shall be prohibited until S . 218th Street is improved to a condition which adequately addresses, as determined by the Public Works Department, the traffic loadings and safety concerns associated therewith. B. Significant Physical Features 1. Topography and Vegetation Those portions of the rezone site that are undeveloped are either in use as unimproved parking area or vacant ground covered with grasses and shrubs. The topography of the site is relatively level . 5 Staff Report South 218th Street #RZ-90-2 C. significant Social Features 1. Street System The subject property has access to S. 218th Street which is classified as a local collector. The street has a public right of way width of 60 feet while the actual width of paving is less than 20 feet. The street is not improved with curbs or sidewalks. 2 . Water System The site is served by an eight inch water main located on the site. 3 . Sanitary Sewer System An eight inch sanitary sewer 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. 5 . LID' s The property is subject to a future LID for the widening and improvement of S. 218th Street. III. 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. 6 Staff Report South 218th Street #RZ-90-2 Staff comments have been incorporated in the staff report where applicable. IV. PLANNING DEPARTMENT REVIEW A. 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 proposed rezone area is served by the Valley Floor sub- area plan. The following is a review of both plans as they relate to the subject property. 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 I , Industrial . ECONOMIC DEVELOPMENT OVERALL GOAL: PROMOTE CONTROLLED ECONOMIC GROWTH WITH ORDERLY PHYSICAL DEVELOPMENT, RESOURCE CONSERVATION AND PRESERVATION. GOAL 1: Promote diverse industrial development in industrially developed areas. 7 Staff Report South 218th Street #RZ-90-2 Policy 1 : Locate industrial land uses contiguous to the West and East Valley Highways to minimize sprawl. Policy 4 : Promote the location of heavy industry between the two major rail lines on the Valley floor. Planning Department Comment As a guide to industrial development, the Comprehensive Plan states that as a goal, diversity of development should be encouraged and yet the physical pattern of development should occur in an orderly manner. The policies state that different kinds of industrial uses which are not compatible with each other should be separated. Generally, the Plan suggests locating more intensive, "heavier" , industrial uses on the valley floor between the existing railroad tracks and moderate industrial uses adjacent to East Valley Road and West Valley Highway. The least intensive uses are left to those areas closer to the Green River and the East Valley Freeway (SR 167) . The different degree of permitted uses in the industrial zoning districts and their subsequent location reflect these goals and policies. The purpose of the rezone proposal is the eventual expansion of at least one use that is considered a "heavier" industrial use. The previously proposed truck transfer terminal (and presumably impetus for the current rezone proposal) is only allowed outright in an M3 , General Industrial , zoning district and with conditional use approval in an M2 , Limited Industrial , zoning district. South 218th Street has been established as a physical boundary between the more intensive uses allowed in an M2 , Limited Industrial, zoning district north of S . 218th Street and the lighter, mixed uses allowed in the CM, Commercial Manufacturing, zoning district. Approving the proposed rezone would encourage the encroachment of M2 , Limited Industrial, uses into an area of residential and lighter uses . HOUSING ELEMENT OVERALL GOAL: ASSURE A DECENT HOME AND SUITABLE LIVING ENVIRONMENT FOR FAMILIES DESIRING TO LIVE IN KENT. GOAL 4 : Assure environmental quality in residential areas. 8 Staff Report South 218th Street #RZ-90-2 Policy 4 : Where necessary, establish buffers (e.g. , open space, fencing, extensive landscaping, etc. ) between existing residential areas and adjacent non- residential areas and/or uses. Planning Department Comment Residential Development is still located in the area west of the proposed rezone site. The amount of increase traffic and additional noise associated with more intensive uses permitted in the M2 , Limited Industrial , zoning district _ would have a detrimental impact to those still living in the area. The increase in noise would be a result of more truck deliveries and loading activities at the truck terminal facility and the potential future development on the vacant property abutting the eastern boundary of the mobile home park. VALLEY FLOOR PLAN The Valley Floor Plan Map designates the site as IP, Industrial Park. CIRCULATION ELEMENT OVERALL GOAL: ESTABLISHED A BALANCED, SAFE AND EFFICIENT TRANSPORTATION SYSTEM FOR ALL MODES OF TRAVEL. GOAL 1: Assure the provision of safe and efficient routes and terminal facilities for vehicular traffic moving within and through Kent. Objective l : Provide adequate traffic ways for both local and through traffic, separating the systems when possible. Policy 1 : Provide better and easier east-west traffic flow. Planning Department Comment The subject area is bordered on the north and serviced by S . 218th St. which is a narrow substandard roadway that is inadequate to serve the area in a developed condition. The roadway pavement section is neither structurally adequate 9 Staff Report South 218th Street #RZ-90-2 to support or wide enough to safely permit heavy traffic - use. There are two dangerous curves on the roadway on which truck traffic can not maneuver safely with opposing car traffic. As a result of SEPA conditions any development occurring within the rezone area will be required to improve S. 218th Street fronting that portion of the rezone site. These improv st ements will still leave west portions of the roadway to the ea ties ddevelop uortandard LID until such time as adjacent prop is executed for improvements to the entire street. B. Standards and Criteria for a Rezone Reauest The following standards and criteria (Kent Zoningeroand Section 15 . 09 . 050) are used by the Hearing ExaminCity Council to evaluate e grone. Such n anted quest fir the zCity Council amendment shall only request is consistent with these determines that the standards and criteria. 1. The proposed rezone is consistent with the Comprehensive Plan. Plann ng De artment Comment The proposed rezone is consistent with the map designations, on both the City-wide Comprehensive Plan and he Howeve proposal the Valley Floor comprehensive Plan• olic es� of the plans . is not consistent with the goals and p Both plans address the location of lnusertol surrounding and the impact of any proposed roval residential and business development. Rezone Indunprial , would encourage the encroachment of M2 , uses into an area of residential and less intensive is o developed ommercial/manufacturing uses. The area c des safeaccess with an adequate street system that p for additional pedestrian and increase vehicular intraffic activity wouldmore intensive uses and resulting in the area. detrimental to residents still living 2 . The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. 10 Staff Report South 218th Street 4RZ-90-2 Planning Department Comment - A land use pattern of mixed development is established in the existing CM1, Commercial Manufacturing, zoning district. These uses are of a lighter, less intensive character and are consistent with the purpose of the CM1 zone. Rezone approval would allow uses that are incompatible with this development south of S . 218th Street. North of S . 218th Street, development has occurred that is consistent with the purpose of the M2 , Limited Industrial, zoning district. 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 = S . 218th Street is substandard at this location to support the increased truck and vehicle traffic more intensive industrial uses would generate. The physical condition of the street may change with the development of the former Kent Nursery site as an industrial distribution center and the resultant required street improvements on the north half of S . 218th Street. Access to the properties in the rezone area that do not front S . 218th Street is provided by a private access easement that also is grossly inadequate to support the change in type of permitted use. Rezone approval could unduly burden this internal circulation system to the detriment of existing users of the private road. 4 . Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. Planning Department Comment The present CM, Commercial Manufacturing, zoning district was established in 1973 . A similar M2 , Limited Industrial zoning proposal that included portions of the subject property was denied in 1978 because of an inadequate circulation system and the incompatibility of more intensive uses with existing development. Considerable amounts of vacant M2 zoned land is still available on the 11 Staff Report South 218th Street #RZ-90-2 Kent valley floor. Circumstances that warrant a zoning - change have not occurred since the establishment of the present zoning boundaries. More intensive industrial uses are located north of S . 218th Street while the area to the south continues to be primarily heavier commercial and light manufacturing uses . The applicant was given the opportunity during the SEPA review process to adjust the boundaries of the rezone area to include a larger area that would establish boundaries consistent with zoning principles and not adversely affect remaining commercial/manufacturing uses. The applicant was unable to acquire agreements from the remaining property owners, who are satisfied with and prefer the existing CM1, Commercial Manufacturing, zoning district. 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 Since the proposed rezone is not consistent with previously discussed standards for a zone change amendment, changing the present CM1, Commercial Manufacturing, zoning designation to M2 , Limited Industrial would adversely effect the health, safety and general welfare of the citizens of Kent. VII . CITY STAFF RECOMMENDATION Upon review of the merits of this request and the Code criteria for granting a rezone, the City staff recommends DENIAL of the S . 218th Street rezone request based on the following findings : A. A development pattern has been established south of S . 218th Street that is consistent with the purposes of the present CM1 , Commercial Manufacturing, zoning district. B. South 218th Street at the location of the rezone site is substandard and unsafe and therefore unable to support additional truck and vehicular traffic without improvements . C. Residential development is still located in the area. Rezone approval would encourage more intensive development 12 Staff Report South 218th Street #RZ-90-2 that would adversely affect the residents due to increased vehicular traffic and noise levels. D. The proposal is in conflict with the goals and policies of the Comprehensive Plan. This proposal will not enhance the quality of the neighborhood for the remaining residents living in the area nor is it compatible with surrounding commercial/manufacturing development. E. The expansion of the existing truck terminal facility located within the proposed rezone area will not be permitted outright in the proposed M2 , Limited Industrial, zoning district ; a conditional use permit will still be required. F. The Planning Department has recently conducted the East Valley Study which evaluated industrial trends in the area, including the proposed rezone site. No changes were made to the Comprehensive Plan Map as a result of the study nor were any changes recommended to the existing CM1, Commercial Manufacturing, zoning designation. KENT PLANNING DEPARTMENT May 4 , 1990 13 City of Kent - Planning Department IS / i iyloll�i �� I1)fCl l 11 ( 11 �I1 l\1 J K1 1J ilrl S JI a - ::.::.;:::::. 1 \\\ . 0NUPIDpp Q rE77) r rt, � f , �. uvi u\ 11111\\1\tX - MW ❑ i Z APPLICATION NAME: South 218th Street NUMBER: RZ-90-2 DATE: May 16, 1990 REQUEST: Rezone from CM-1 , Commercial Manufacturing to M-2, Limited Industrial LEGEND Application site ZONING / TOPOGRAPHY MAP Zoning boundary ® � City limits City of Kent - Planning Department C S 216TH ST S 218TH ST � I 9 h �' 2zzuo �ST s �i - � f Lj TH ST 228TH q APPLICATION NAME: South 218th Street NUMBER: RZ-90-2 DATE: May 16, 1990 REQUEST: Rezone from CM-1, Commercial Manufacturing to M-2, Limited Industrial LEGEND Application site VICINTIY MAP Zoning boundary .. City limits «rY oferrn� FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE HEARING EXAMINER FOR THE CITY OF KENT e FILE NO: SOUTH 218TH STREET #RZ-90-2 APPLICANT: Lawrence M. Campbell & Associates REOUEST: A request to rezone 7 .76 acres from an existing CM-1, Commercial Manufacturing, zoning district to an M2 , Limited Industrial, zoning district. LOCATION: The proposed rezone area abuts the south side of S . 218th Street from approximately 820 feet east of 84th Avenue S. (East Valley Road) to the Drainage District #1 drainage ditch. APPLICATION FILED: 12/1/89 DEC. OF NONSIGNIFICANCE ISSUED: 1/11/90 MEETING DATE: 5/16/90 RECOMMENDATION ISSUED: 5/30/90 RECOMMENDATION: DENIED STAFF REPRESENTATIVE: Fred N. Satterstrom, Planning Department Kathy McClung, Planning Department Carol Proud, Planning Department Gary Gill, Planning Department PUBLIC TESTIMONY: Lawrence Campbell, applicant Other James Rust Elsie Rust Thomas R. Williams Vern Nelson Earl Anderson WRITTEN TESTIMONY: None INTRODUCTION After due consideration of all the evidence presented at public hearing on the date indicated above, and following an unaccompanied personal inspection of the subject property and surrounding area by the Hearing 1 Findings and Recommendation South 218th Street #RZ-90-2 Examiner at a time prior to the public hearing, the following findings, conclusions and recommendation are entered by the Hearing Examiner on this application. FINDINGS 1. The applicant requests a rezone of 7 . 76 acres of existing CM-1, Commercial Manufacturing, zoning district to an M2 , Limited Industrial, zoning district. The proposed rezone area is adjacent to the south side of South 218th Street from approximately 820 feet east of 84th Avenue South to the Drainage District #1 ditch. 2 . The proposal includes nine separate parcels of record. Five separate property owners filed requests for the proposed rezone. Two of the applicants live in the area. The business that expects to most immediately benefit from the rezone is United Truck Lines. The business hopes to expand operations at its present site but is precluded from doing so under the CM-1 designation. 3 . Land use surrounding the area proposed for rezone includes industrial development to the north, industrial and retail uses to the south, a mobile home park and apartment complex to the southwest, and a drainage ditch and highway to the east. Surrounding existing zoning classifications include a large M2 area to the north across S. 218th Street, MHP, Mobile Home Park, zoning to the southwest and a small MRM, Medium Density Multifamily, zoning designation to the west. 4 . The City-wide Comprehensive Plan map designates the area proposed for rezone as I, Industrial . The Valley Floor Plan map both designates the area proposed for rezone as IP, Industrial Park. Several written policies in these plans are relevant to the proposed rezone. These relate to the desire to establish buffers between residential and non-residential zones, location of industrial uses adjacent to West and East Valley Highways, safe and efficient traffic routes, and promotion of industrial uses in industrial areas. 5 . A Mitigated Declaration of Nonsignificance (DNS) was issued for this proposal on January 26, 1990 which was modified by the Planning Department on March 13 , 1990. The conditions placed on the DNS relate to mitigation of traffic impacts through road improvements and improvement of drainage through maintenance easements to the City. These conditions placed on the DNS were primarily designed to mitigate any adverse impacts due to increased traffic that might occur if the request for a rezone is granted. 2 Findings and Recommendation South 218th Street #RZ-90-2 6. The present CM-1 zoning district was established in 1973 . The area directly north of the proposed rezone area is currently undergoing significant changes as the former Kent Nursery Site is scheduled for development as an industrial distribution center. No other evidence was presented on the change of circumstances in the area. CONCLUSIONS Introduction Section 15. 09 of the Kent Zoning Code requires the Hearing Examiner to use the following standards and criteria to evaluate a request for a rezone. The Hearing Examiner can recommend approval of a rezone request only if he determines that the request meets the following standards and criteria: a. The proposed rezone is consistent with the Comprehensive Plan. b. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. 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. d. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. e. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Upon review of all the evidence submitted with reference to this request for a rezone, and upon review of the standards and criteria for evaluating the request for a rezone, the Examiner concludes that: 1. The proposed rezone is consistent with the map designations found in both the City-wide and the Valley Floor Comprehensive Plans. The Valley Floor plan designates the site as IP, Industrial Park. The Valley Floor Plan map identifies three industrial classifications. The IP designation corresponds to the M2 zoning designation. The City-wide map designates the site as I, Industrial. The most relevant written goal in the plans in found in Goal 1, Policy 1 of the Valley Floor plan: 3 Findings and Recommendation South 218th Street #RZ-90-2 Locate industrial land uses contiguous to the West and East Valley Highways to minimize sprawl . The M2 zone would match this policy goal as well as the map designations. Other written goals relate to adequate traffic ways and buffer zones between residential uses and non- residential uses. The buffer zones can be provided by vegetation requirements in the zoning code. Adverse traffic impacts that may be caused by future developments can be mitigated. The Comprehensive Plan maps and goals clearly signal that an M2 zoning designation is consistent with the Plan. 2 . The proposed rezone and subsequent development would be compatible with development in the vicinity. The area is in a transition state from some single-family homes to light commercial to heavier commercial . With the M2 zoning immediately to the north, and the high traffic corridors to the east and west of the proposed rezone, the type of industrial development allowed in an M2 zone is certain to follow. There is a possible conflict with the small MRM and MHP zones that exist to the southwest of the proposed rezone area. These zones, however, appear to exist to accommodate individual developments and not as area-wide transition zones. The pressure to change those areas to commercial or industrial zones will increase, not decrease, even without the proposed rezone now before us. In addition, there is very little difference in impact between the types of uses allowed in a CM-1 zone and in an M2 zone. A CM-1 zone is intended to provide locations for "heavy commercial" activity as well as retail uses. An M2 zone is intended to provide locations for "light industrial uses" as well as specified retail uses. The difference between "heavy commercial" and "light industrial" could be very slight, especially here where the property is largely already developed with commercial uses. 3 . The adverse impacts on the transportation system in the vicinity of the property can be mitigated so that the system will not be unduly burdened. The proposed rezone will result in more intensive development in the area. The increased truck traffic that will likely occur as a consequence of a rezone cannot be handled appropriately on the existing streets in the area, especially S . 218th Street. The Mitigated Declaration of Nonsignificance, however, addressed this potential problem by attaching conditions designed to mitigate any adverse impacts that might occur. Under Condition 5, no uses permitted under the rezone shall occur "until S . 218th Street is improved to a condition which adequately addresses, as determined by the Public Works Department, the traffic loadings and safety 4 Findings and Recommendation South 218th Street #RZ-90-2 concerns associated therewith" . The applicants have also agreed to make all necessary improvements as a matter of hearing record. This will provide sufficient assurance that the transportation system will not be unduly burdened. 4 . No evidence was presented to show that circumstances have changed substantially since the CM zone was first established for the area of the proposed rezone in 1973 . A similar request for a rezone of the same property involved in this rezone request was denied by the City Council in 1987 . The denial was based, in part, on the failure of the applicant to provide information on the change of circumstances regarding the site to be rezoned. See, File No. RZ-87-4 . The Hearing Examiner in that matter noted that the applicant provided information on the change of circumstances surrounding the trucking industry, but not on the site itself. It was noted then, as will be noted now, that the burden of proof is on the applicant to prove a change in circumstances. In spite of that notice of burden of proof, applicant has again failed to provide information on the change of circumstances on the site proposed for rezoning. The mere passage of time is not sufficient to lead to a conclusion that there has been a change of circumstances to warrant a rezone of several parcels of land. No information whatsoever was provided on the type of developments that have taken place since 1973 , the level of traffic increases since 1973 , the change in use of any residences to commercial since 1973 , changes of ownership since 1973 or other similar relevant information. On the other hand, the City has provided testimony that there has been no change of circumstances. The Hearing Examiner cannot introduce information but must rely on the parties before him to provide it. The applicant, again, has not provided the information needed for a favorable recommendation on this request for a rezone. Without that information, the Examiner must recommend denial of the request. The criteria for a rezone are clearly set forth in Section 15 . 09 of the Kent Zoning Code. The applicant is particularly familiar with these criteria because of the past involvement in a similar request for a rezone. The criteria cannot be ignored but must be specifically addressed. The City Planning Department addressed each criteria and, as to this one, found that there had been no change in circumstances. For a request for a rezone to be granted, there must be evidence in support of all criteria provided by either the applicant or the City. 5 . The proposed rezone will adversely affect the health, safety and general welfare of the citizens of the City of Kent. Because it cannot be shown that all criteria for a rezone have been met, the Hearing Examiner must conclude that the general welfare of the citizens of the City will be adversely affected in this request for a rezone were granted. 5 Findings and Recommendation South 218th Street #RZ-90-2 DECISION The Hearing Examiner recommends DENIAL of this request for a rezone based on lack of evidence as to the change of circumstances that may have occurred since the last zoning of the site in 1973 . Dated this 31st day of May, 1990 THEODORE PAUL HUNTER Hearing Examiner APPEALS FROM HEARING EXAMINER DECISIONS . Request of Reconsideration Any aggrieved person may request a reconsideration of a decision by the Hearing Examiner if either (a) a specific error of fact, law, or judgment can be identified or (b) new evidence is available which was not available at the time of the hearing. Reconsideration requests should be addressed to: Hearing Examiner, 220 Fourth Avenue S. , Kent, WA 98032 . Reconsiderations are answered in writing by the Hearing Examiner. Notice of Right to Appeal The decision of the Hearing Examiner is final unless a written appeal to the Council is filed by a party within 14 days of the decision. The appeal must be filed with the City Clerk. Usually, new information cannot be raised on appeal. All relevant information and arguments should be presented at the public hearing before the City Council. A recommendation by the Hearing Examiner to the City Council can also be appealed. A recommendation is sent to the City Council for a final decision; however, a public hearing is not held unless an appeal is filed. 6 City of Kent - Planning Department Ej till -NN EB f Ill }l1 \)\S Q 8T�H IJ �1 - r fli Q444 I C f 11 _ r� o � Q � o ,, % / 9 Q H�-� �✓ Ilk � 0 o � r JmIRN � 71 l�wi� i� I I I/!)1H I APPLICATION NAME: South 218th Street NUMBER: RZ-90-2 DATE: May 16, 1990 REQUEST: Rezone from CM-1, Commercial Manufacturing to M-2, Limited Industrial LEGEND Application site ZONING / TOPOGRAPHY MAP Zoning boundary City limits City of Kent - Planning Department S 216TH ST S 218TH ST ................ w 0 M m m S 222NDJ ST i i I � w r- a rn TH ST a � S 228TH ST S 228 i APPLICATION NAME: South 218th Street NUMBER: RZ-90-2 DATE: May 16, 1990 REQUEST: Rezone from CM-1, Commercial Manufacturing to M-2, Limited Industrial LEGEND Application site VICINTIY MAP Zoning boundary �• City limits Hearing Examiner Minutes May 16, 1990 SOUTH 218TH STREET Rezone #RZ-90-2 A public hearing to consider the request by Lawrence M. Campbell and Associates, 1609 S. Central Avenue #A-11 Kent, WA 98032 , to rezone 7 .76 acres from an existing CM-1, Commercial Manufacturing, zoning district to an M2 , Limited Industrial, zoning district. The property abuts the south side of S. 218th Street from approximately 820 feet east of 84th Avenue S. to the Drainage District #1 drainage ditch. Carol Proud, Planning Department, presented the staff report. Ms. Proud showed some view foils depicting, 1) the location of the site and 2) zoning in the area. A view foil was shown. Ms. Proud stated a mitigated Determination of Nonsignificance was issued in January 1980. Ms. Proud reviewed the goals and policies of the City-Wide Comprehensive Plan. Ms. Proud discussed the criteria required to be reviewed when considering a rezone request. The City staff is recommending denial . Mr. Hunter asked if the applicant would like to comment. Lawrence Campbell, 1609 S. Central Avenue #A-11 Kent, WA 98032 , stated there were two items on page 5 that need to be clarified: 1) "Deed the northerly 13 . 5 feet of all property paralleling and abutting S. 208th Street to provide for the widening of the street to City standards as noted in Condition 2 above" . The 13 . 5 feet will require some variation at the s-curve and it will affect the Evergreen Hill Partnership Property. Mr. Campbell suggested the following statement: "Deed the northerly 13 . 5 feet or as otherwise required. . . " to provide flexibility. 2) Paragraph 2A. 4 should read "easterly" . Mr. Campbell presented refuting testimony regarding the comments made in the staff report, starting at page 12 , City Staff Recommendation. Mr. Campbell mentioned the development standards relating to this request. Mr. Campbell stated that the City-wide Comprehensive Plan designates the site as I, Industrial and the Valley Floor Comprehensive Plan designates the site as IP, Industrial Park. Mr. Campbell talked about the other uses in the area; Pete' s Equipment Company, repair shop and outdoor storage yard for equipment and trucks; Northwest Truck Repair; lift truck service, a custom woodwork cabinet shop; and Nelson Construction. Further, north of 208th Street, across from the proposed rezone site, is 4 Hearing Examiner Minutes May 16, 1990 DiPietro Trucking, same business as United Truck Lines; further north is American Lenders Service Company, a charter bus service. There are other mixed uses in the area. Mr. Campbell talked about the road and the traffic problem in the area. Mr. Campbell submitted to the record photos (Exhibit 2) showing the mixed uses in the area. Mr. Hunter asked if anyone else wished to testify. James Rust, 8619 S. 218th, Kent, WA 98031, stated his was the only residence on the street. He felt this use would be good for the area. Thomas R. Williams, PO Box 3845, Spokane, WA 99220, President of United Truck Lines, talked about the facility. Mr. Williams commented his company would be providing enhancements to the area as well as street improvements. Mr. Williams stated his company has grown phenomenally during the past years and now is in need of more room in order to function effectively. Mr. Williams remarked the products are moved into and out of the site each day and there is no overnight storage on the site. Elsie Rust, 8619 S . 218th, Kent, WA 98031, stated United Truck Lines has been a good neighbor. Vern Nelson commented this zoning change is very necessary. Mr. Nelson stated the widening of the road is needed because it is very narrow and there is a lot of truck traffic on the road. Earl Anderson, 2304 Killarney Way, Bellevue, WA 98004 , stated he was a neighbor to the south. Mr. Anderson had no objection to the rezone request if the M2 designation is complied with and needed improvements are done. Mr. Anderson felt that CM zoning was a good zone and was needed by small businesses. Mr. Anderson would like to have the access limited to 218th. Mr. Anderson stated that often the truck-trailers park in the easement road and reduce the easement road to one lane. Mr. Hunter asked if there were any rebuttal statements. Ms. Proud stated that the property was zoned CM in 1973 . Ms. Proud gave a brief history of the CM zone. Ms . Proud commented that in the M2 zone, a conditional use permit could be granted for the heavier M3 uses which could conflict with the CM uses that are now in the area. Ms. Proud stated the current parking lot is a zoning violation. However, the City has not pursued the violation trying to give United Truck Lines time to decide whether to apply for a rezone or to move. 5 Hearing Examiner Minutes May 16, 1990 Mr. Williams stated there was a parking problem. Mr. Williams felt the parking problem would be alleviated once the rezone was approved and they could enlarge the site. Mr. Williams stated United Truck Lines granted the easement referred to by Mr. Nelson. Mr. Williams remarked if the rezone was not granted, the Company would need to move. Mr. Campbell stated M2 zoning allows up to 25 percent retail uses; more can be allowed with a conditional use permit. Mr. Campbell felt there wouldn't be any displacement of current businesses. There was no further testimony. The public hearing was closed at 5: 25 p.m. 6 y � CffYCFWtMft CITY OF KENT OFFICE OF THE HEARING EXAMINER (206) 859-3390 SOUTH 218TH STREET #RZ-90-2 Verbatim Minutes Ted Hunter, Hearing Examiner: The final item on our 3 : 00 agenda is a request for a rezone referred to as S. 218th Street rezone request, number RZ-90-2 . A request by Lawrence M. Campbell & Associates to rezone an existing CM11 Commercial Manufacturing, to M2 , Limited Industrial, zoning district. Can I see by a show of hands how many would want to testify on this request for rezone. Approximately six or seven so to testify. We should have ample time to take all your testimony. What we will do we will hear first from the city, then from the applicant and then any others that want to testify regarding this application. We have Carol Proud, City Planning Department. And, do you swear, affirm to tell the truth and the whole truth in the testimony you're about to give. Carol Proud: My name is Carol Proud and I represent the City of Kent Planning Department. As mentioned, the applicant proposes to rezone a 7 . 78 acre site from the existing CM-1, Commercial Manufacturing, zoning district to an M2 , Limited Industrial, zoning district. The property is located generally on the south side of 218th Street, east of 84th Avenue S. and west of SR 167, the Valley Freeway. As the video shows. . .excuse me, as this view foil shows the property is within a CM zoning district directly north of the proposal area is an M2 zoning district, abutting the rezone area to the west is a mobile home park. There is a little sliver of multifamily zoning adjacent to the western portion of the property and further to the west along 84th Avenue is the newly implemented gateway commercial zoning district. Surrounding land uses to the south of 218th within the CM zoning district are typical small commercial manufacturing type concerns that you typically see in that zoning district. There' s a. . .the proponent for this project is a trucking firm and other uses include less intensive type manufacturing uses that combines some retail, there' s a truck repair facility in there. There ' s a contractor services and smaller manufacturing companies. Now property to the north in the M2 zoning district is. . . .directly north across the street is a. . .the Kent Nursery which is the Planning Department's understanding has been sold and there is a proposal before the City right now to develop an industrial park to the north of 218th in this area right through here. Right here where this little S-curve is there is a trucking operation that is 1 Hearing Examiner Verbatim Minutes South 218th Street #RZ-90-2 similar to the proponents. And then in. . .the mobile home park zoning designation that area is fully developed with a mobile home park and there is a small apartment complex associated with that in that mobile home park zoning area. I have a video I would like to show that will give some indication of some of the concerns and whatnot that the City has and I would just like to show that right now. (video shown) The rezone area has a long history of various land use actions over the years including similar rezone requests and this information. . .a detailed history, historical report is included in the staff report. A final. . .excuse me. . . .a final mitigated determination of nonsignificance for the proposal was initially issued in January of 1990. One of the mitigating measures for the proposal including the expansion or requiring the applicant to try to obtain an expanded rezone area to mitigate some of the adverse impacts to the surrounding property uses remaining in the CM-1 zoning district and after a good faith attempt to expand the rezone boundary and the applicant was unable to do so the Planning Department or the SEPA Official revised the mitigated determination of nonsignificance after the applicant requested a reconsideration and essentially what was tried at that time was to try to expand the proposal area to include this remaining CM zoning that would be here interspersed between the proposal site and the Gateway Commercial and to also include some of this remaining CM zoned property to the Valley Freeway so we could come up with some kind of zoning boundary that would be more consistent with zoning principles and not impact adversely the surrounding remaining CM uses. The conditions that were issued are listed in the staff report as well. When the staff reviewed the goals and policies of both the City-Wide Comprehensive Plan and the Valley Floor Plan as they relate to the proposed subdivision and found that the proposed request is not consistent with the guidelines set forth. The City- wide Comprehensive Plan Map does designate the site as I, Industrial. And, I would like to go over just one of these conditions or one of these goals and policies. In the Economic Element of the City-wide Comprehensive Plan there' s an overall goal to promote controlled economic growth with orderly physical development, resource conservation and preservation with a subgoal to promote diverse industrial development in industrial developed areas. With a couple of policies that state, locate industrial land uses contiguous to the West and East Valley Highways to minimize sprawl and to promote the location of heavy industrial 2 Hearing Examiner Verbatim Minutes South 218th Street #RZ-90-2 between the two major rail lines on the valley floor. As a guide to industrial development, the Comprehensive Plan states that as a goal diversity of development should be encouraged and yet the physical pattern of development should occur in an orderly manner. The policies state that different kinds of industrial uses which are not compatible with each other should be separated. Generally, the Plan suggests locating more intensive, heavier type of industrial uses on the valley floor between existing railroad tracks and moderate industrial uses adjacent to the East Valley Highway and West Valley Highway and then the less intensive uses are left to those areas closer to the Green River on the west side of the valley and the Valley Freeway. Now, the different degree of permitted uses in the industrial zoning district and their subsequent location seems to reflect these goals and policies. The purpose of this rezone proposal is the eventual expansion of at least one use that is considered a heavier industrial use. The previously. . . .the proposed truck transfer terminal is only allowed outright in an M3 , General Industrial, zoning district. And, with the conditional use approval it can go into the proposed M2, Limited Industrial, zoning district. South 218th Street has been established for quite some time and as you go through the history, you' ll see that has been established for several, several years. As a physical boundary between the more intensive uses allowed in the M2 zoning district to the north and then the lighter mixed uses that have grown up the or developed in the CM, Commercial Manufacturing, district. Approving the proposed rezone would encourage the encroachment of these M2 type uses into an area that is still residential and has lighter uses. In order to obtain a rezone there are several standards and criteria that the Kent Zoning Code specifies that the Hearing Examiner and City Council use to evaluate the request and the amendment can only be granted if the Council determines that the request is consistent with these standards and criteria. And there are several of them and I would like to go through just one or two of them for the record. The first criteria states that the proposed rezone is consistent with Comprehensive Plan and as I 've just said, the proposed rezone is consistent with the map designations on both the City-wide Comprehensive Plan and the Valley Floor Comp Plan. However, the proposal is not consistent with the location of industrial development and the impact of any proposed use to surrounding residential and business development. Rezone approval would encourage the encroachment of M2 uses into an area of residential unless intensive commercial type manufacturing uses in the area is not developed with an adequate street systems that provides safe 3 Hearing Examiner Verbatim Minutes South 218th Street #RZ-90-2 access for additional pedestrian and vehicular traffic. The more intensive uses and resulting increase in activity would be detrimental to the residents still in the area. There is. . .the third criteria talks about that the proposed rezone would not unduly burden the transportation system in the vicinity and staff report talks about 218th Street being a substantial. . .substandard street at this location. And the applicant has noted that where their property abuts 218th Street that they are willing to make road improvements and that, you know, of course by, enter into LID agreements for the future widening of the whole, entire street And, as I 've talked in the staff report, earlier that given the development across the street there's the possibility that 218th Street may, in fact, be improved. However, recent discussions with the folks in the 44-acre industrial park to the north are talking about developing an internal road system coming off of East Valley Highway and they are talking about not providing or not having any of their users use 218th Street at all and they are willing, of course, by. . .enter into the LID agreement but as the video showed there is a considerable portion of 218th Street that is just kind of beyond anybody' s improvement at this time and mainly that it could be that this trucking firm could expand this portion here to some degree that could handle increase. . .the increased traffic. There's no control over any other circulation in the area and there' s no guarantee of what's going to happen to the north. So, it's. . . it's just to premature at this time to say that that's road going to be improved in any reasonable time that could warrant heavy trucking and other kind of vehicle travel on that roadway. Hunter: Well, are there any other constraints. . .your testimony is it's unlikely to be changed is that a matter of funding for it, is that the constraint? Proud: I. . .the Hunter: Topographical constraints, for example. Proud: I. . .oh, no, un-uh, it' s, as you can see, it's pretty flat and narrow. The. . .the major issue with this is that. . . is that this use would leave a considerable amount of area on both sides of it still within the CM zoning and allowing the potential for that intense of a development with the lighter kind of uses that are in that particular pocket especially would be really, really conflicting. So, therefore, based upon the merits of this request and the Code criteria for granting a rezone the City staff recommends denial of the S. 218th Street rezone request based on 4 Hearing Examiner Verbatim Minutes South 218th Street #RZ-90-2 the findings included in the staff report. And that concludes my presentation. I will be glad to answer any questions. Hunter: One other clarification. On the boundary. . .the boundary. .just wondering about the boundary. . .what is the boundary provided between the uses. Is that. . .that. . .as a consequence kind of a de facto boundary. Has it grown out to be one or is there some official recognition of that? Proud: As you go through the. . .reading through the history, I believe it was back in 1978 where the first real similar rezone request came in and it was denied for pretty much the same reasons that we have. That. . .that the kind of uses that are there are just incompatible with. . . .with the more intensive heavy typical uses permitted in M2 and one of the unique things about the CM zoning its kind of a. . .oh. . .enterprise zone so to speak where there isn't very much of it left in the City and it' s one of the few places where a small firm has the opportunity to make what they do and sell it in the same place. There' s absolutely no place else in the City where that kind of zoning exists and there' s lots and lots and lots and lots of M2 zoned land in the valley that' s available for the kind of facility that t onand wouldthat' like to eventually develop. So, over time, you know, all that we look at, you know, circumstances haven't changed from when the zoning boundary was initially established in 173 and so, over time, this boundary has kind of evolved and that CM zoning then extends all the way south for about a mile I would say or not quite that far but beyond where the freeway certainly crosses back over Central. Hunter: Thank you. Proud: O.k. Hunter: The applicant or representative of the applicant. Would you like to come forward and present testimony. Lawrence Campbell : My name is Lawrence Campbell, 1609 S. Central Avenue, Suite Al, Kent, WA 98032 and I 'm an architect. . . Hunter: Let me swear you in before you begin testimony. Campbell: Oh, certainly. Hunter: Do you swear, affirm to tell the truth and the whole truth in the testimony you are about to give. 5 Hearing Examiner Verbatim Minutes South 218th Street #RZ-90-2 Campbell: I do. And I represent the five individual applicants on rezone proposal. Before I start my presentation, I would like to get two things entered as clarification into the staff report because they do have some long range implications and they both appear on page 5, paragraph 2 A-3 and the first one. . .that particular one says deed the northerly 13 . 5 feet of all property paralleling and abutting S. 208th Street to provide for the widening of the street to City standards as noted in Condition 2 above. I think, for the record, that the 13 .5 feet will require some variation at the s-curve condition which will and that' s in the independent of this rezone application, of the s-curve and it will affect the Evergreen Hill Partnership property and perhaps the first sentence should read simply, "Deed the northerly 13 . 5 feet or as otherwise required so it isn't something that isn't inflexible at a later date. The second one is simply paragraph 2 8 . 4 where it says westerly, that' s at the very end of the third sentence down, it says exists along the westerly. . .I think that' s intended to read easterly. . .that's just a typo. Now, I will present my material to coincide with the six findings contained in the City staff recommendation so there's some consistency between our testimony and what is contained in the staff report. And the first one then is on page 12 of the staff report under City staff recommendation. These will be the following a, b, c, d, a and f and we will discuss those in that. . . in that same sequence. The first one is A which is a development pattern has been established south of S. 218th Street that is consistent with the purposes of the present CM-1, Commercial Manufacturing, zoning district. Our response to that is that some of the existing uses along the south side of S. 218th Street are as follows: 1) United Truck Lines which is a participate in this rezone proposal. Now, it is an existing cross- dock loading facility which would be a conditional use in the requested M2 district and the second one is Petzolts Brothers truck repair which is a principally permitted use under M2 zoning and number 3 is Valley Recycling this is a storage yard containing in it dumpsters, forklifts, recycling storage areas, etc. These are not intended to demean any of the uses. These are to establish the fact that there is a mixed pattern which contained both heavy and lighter. . . .heavy industrial and both lighter commercial uses. Pete' s Equipment Company which is a repair shop and outdoor storage yard for equipment and trucks, that I have a question mark on that but as I view it I perceive it to be an outright use in the M3 zone and the same with Northwest Truck Repair. That is also an outright use in the M3 zone. There is lift truck service, custom woodwork 6 Hearing Examiner Verbatim Minutes South 218th Street #RZ-90-2 cabinet shop and Nelson Construction which is. very. . . it's very heavily and intensive in terms of use of trucking. Now north of 208th Street and this is across from the proposed rezone site is a DiPietro Trucking. Now, that's the same exact business as United Truck Line. It is a cross-dock loading, receiving, consolidating, truck facility. And also to the north and just west of DiPietro's Trucking is American Lenders Service Company, that' s the former Voyager Charter Bus Service. And before that it was an abandoned Homer's Towing site. There was some, has been quite a substantial amount of improvement on that piece of property in the recent years and I was involved in that. Now, further south between S. 218th Street and S. 222nd Street and I think we have to view this as somewhat an area situation, there' s a kind of a mish-mash of mixed uses including Novak's, miscellaneous equipment storage yards and mini-storage warehouses and construction supplies storage yards, multi-tenant manufacturing and supply, there's automobile repair, there are existing apartments, there' s a mobile home park and there are office buildings which are generally oriented more toward 84th Avenue S. in what is now considered to be. . . .which is now has been reclassified as a gateway commercial zone. Now, the best of what exists in this area has, in my opinion, and will continue to be in developed in the M2 zoning classification which the exception of any office or classifications along the gateway commercial. What I am talking about is as opposed to the existing CM-1 zoning. Now, if the City is satisfied with the quality of development that exists east of the gateway commercial strip, south of 218th Street and north of 222nd and west of the Valley Freeway then I suspect we should leave it as it is. But it visually. . . is. . .right now, in most cases, it's a very unattractive area, it' s not a condemnation of the people or the businesses in it but it a very visual. . .visually it's a very unattractive area and it has grown so under the existing CM-1 zoning classification. Now, on December 1, 1987, we filed our original rezone request on behalf of one of the proponent rather than the five that are in here now and that was United Truck Lines and this was. . .we filed this as a result of a telephone call that we received from two members of the Planning Department stating that they had determined that a request for a zone classification for M2 was appropriate for this area. It's not important whose these people are but the point of the matter is the message was dated on November 10, 1987 and demonstrates in my belief that there' s an honest difference of opinion within the Planning Department staff on the merits of this rezone. The second one is Item B under that City staff recommendation and that reads, "South 208th Street at the location of the rezone site 7 Hearing Examiner Verbatim Minutes South 218th Street #RZ-90-2 is substandard and unsafe and, therefore, unable to support additional truck and vehicular traffic without improvements" . In my S. 218th Street rezone application letter dated November 16, 1989, I stated the following and this was sent to the City Planning Department and in particular to Jim Harris, and it states: In my S. 218th Street rezone application letter dated November 16, 1989, I stated the following: An additional benefit to the City of Kent and to the balance of the property owners in the area is that the proponents of the proposal will, at no expense to the City, make improvements to certain portions of S. 218th Street. Particularly the owners plan improvements in the area of the sharp s-curve and to some of the existing shoulders of the street. In the Planning Department Decision document dated January 10, 1990, the following statement appears: The applicant represents a trucking firm that would be the primary beneficiary of the proposed rezone. Rezone approval would allow the trucking firm to expand their operation without making any improvements to the surrounding public infrastructure. This statement gives the appearance that the five applicants in particular the trucking company are asking for something without giving anything in return to the City and that is simply not correct. We have put it more than once in writing to the City that there is a willingness on the part of these participants to improve that street at their costs. The surface condition of S. 218th Street is perfectly acceptable and is currently supporting trucking traffic from DiPietro' s, United, Valley Recycling and others. Visual examination of the street will show that it was improved. . .that it needs improvement, excuse me, in the area of the s-curves and improvements to the shoulders. There are some very deep existing open drainage ditches along the side which are part of the improvements that the proponents which to make and cure that situation. United Truck Lines has offered to improve or eliminate these conditions. Again, at no cost to the City. Certainly United Truck Lines benefits and so does everyone else using the street including emergency vehicles and the City' s own firefighting equipment. Now, several times the staff report addresses the inadequacies, excuse me, of S. 218th Street. If there' s a solution to improving the conditions on S. 218th Street other than United's offer to make improvements at it' s cost. Then these are not ready to be implemented and that street needs attention. Not in terms of structural ability to support the traffic because it is doing that just fine but it needs widening, it' s needs correction to the curbs, it needs wider shoulders and also that South 218th Street is currently serving some existing M2 zoning along it' s northern boundary. And that's DiPietro and the other American lenders and it is the flanking boundary. . . . . . . southern street. . . . .to the 8 Hearing Examiner verbatim Minutes South 218th Street #RZ-90-2 existing M2 zoning which is going to be developed into a major industrial park. Now Item #C, it says residential development is still located in the area. Rezone approval would encourage more intensive development that would adversely affect the residents due to increased vehicular traffic and noise levels. Well, I made a little graph here and it. . . its right out of the Zoning Code and it reflects the setbacks from residential. . .the required setback. . .both setbacks and landscaping between the CM-1 zones and residential and between the M2 zone and residential. And, for instance, on the front yards, the yards in a CM-1 zone are required to be 15 feet, landscaping five feet of right of way and ten feet where CM-1 abuts residential. M2 , on the other hand, requires 15 percent of the lot depth but it need not exceed 45 feet. And the landscaping is 15 feet at rights of way and all sideyards are ten feet. . . 15 feet minimum. . .excuse me on the landscaping. In a rear yard, the yards are 20 feet on CM-1 where it abuts residential . Where M2 abuts residential it is 50 feet, so the M2 zone has greater setback restrictions than does the existing zone. That is from existing residential areas and as I mentioned earlier the landscaping is greater. Greater requirements as a buffer zone from the M2 than. . .and a residential than it is from the CM-1. Now, the maximum site coverage in CM-1 is 50 percent. The maximum site coverage in M2 is 65 percent. The height restriction in CM-1 is two stories or 35 feet it can be more if approved by the Planning Director or Planning Commission. The same requirement exists under the M2, its two stories or 35 feet, more if approved by the Planning Director or Planning Commission. There are some similarities but there are some offsetting advantages to the M2 but there is some mitigating measures to that fact in that they are required to have greater buffering zones than is the CM-1. Now as the property. . .property is currently zoned CM-1 a used car lot, contractor's supplies, storage yards, body and auto repair shops, car washes, welding shops, heat metal manufacturing, mini- warehouses can be built as close as 20 feet to an existing residential use and have, in fact, been built closer than that. There are some cases out there where there are uses that are substantially closer than 20 feet. Those are existing, we are not trying to do away with them we are just stating as a matter of fact. Now under the M2 zoning they can only be built as close as 50 feet. Also, under the existing CM-1 zoning you can build an outdoor storage yard for trucking and transfer but you cannot build a terminal building which actually contains and conceals the trucking activity from view. Now, this may be a unique condition but in order to have an outdoor storage yard you would have to utilize forklift type equipment or heavy duty type equipment of 9 Hearing Examiner Verbatim Minutes South 218th Street #RZ-90-2 some sort out in the open and this can be done as close as 20 feet to a residential piece of property and it would still require the presence of trucks or heavy loading equipment to maneuver, transfer, remove, resupply or otherwise the product or material in a storage yard. Now, the requested M2 zoning provides development standards that are more protective of residential areas than are the development. . .I know that I am repeating this but I think its very important. I would like to point out that Mr. and Mrs. Rust who are here and are one of the proponents of this and who currently live in the single-family home directly to the west of the United Truck Line site are one of the five property owners. . .they are one of the five property owners in this rezone application and they are residential owners. So there are not all residential owners in this area that concur that this is to remain as a residential nature or characteristic. Now, the excess amount of traffic is not supported by the portion of the Code dealing with off-street parking and loading requirements. This is Chapter 15. 05 and that is open to some degree of interpretation but an increase of noise level is not supportable claim as long as commercial activities are such predominant use in the CM-1 zones. A detailed reading of principally permitted uses in the Kent Zoning Code is, I think, enough to dispute that statement and I have that. I 'm not going to read that in. . .but I do have that. . . it is available. Now, number D is the proposal is in conflict with the goals and policies of the Comprehensive Plan. This proposal will not enhance the quality of the neighborhood and, again, I am reading from the staff report, for the remaining residents living in the area nor is it compatible with surrounding commercial manufacturing development. But the City-wide Comprehensive Plan Map designates the site as I which is Industrial. Our site is designated as I, Industrial, consistent with all the property north of it all the way up to. . .with exception of the Gateway Commercial which borders 84th all the way up to 212th Street. The Valley Floor Plan designates the site as IP which is Industrial Park. Now, on page 28 of the East Valley Study document issued by the Kent Planning Department in March 1988 the following is stated: Issue A: Expansion of Area designated for heavy industry. The current Valley Floor Plan Map distinguishes between three industrial classifications; light industrial/business park which is IBP; industrial park which is IP and industrial which is I . These classifications roughly correspond to zoning districts M1. M2 and M3 . On those plans, on the City-wide Comprehensive Plan we are. . . in the Comprehensive Plan we are I, Industrial . On the Valley Floor Plan Map we are classified as IP which corresponds to M2 zoning. Now, we view that as the City's plan for this area and that is exactly, that M2 , is exactly what we are requesting. Now 10 Hearing Examiner Verbatim Minutes South 218th Street #RZ-90-2 the approval of this rezone request will require all future development within it to be preformed to more ridged standards than now exists under CM-1 with respect to buffering of existing residential areas. In particular it will allow United Truck Line to upgrade that portion of its site that is presently being used as a parking lot for employees cars. On April 19, 1988, United Truck Lines was denied permission to complete and upgrade this portion of their site. We take no issue with the Planning Department at that time, we don't take any issue with that ruling because that was a correct ruling under CM-1 zoning. However, we take issue with the Planning Department's interpretation of their written goals, objectives and policies as they relate to the rezone area and they are as follows: The Overall Goal Promote controlled economic growth with orderly Physical development resource conservation and preservation. Goal 1: Promote diverse industrial development in industrial developed areas. Now this area has industrial development both north and south of 218th Street. It is clear that testimony given by those attending the public hearings on the East Valley Study that more industrial zoning is needed and the Valley Floor Plan responds to this by designating this site, again, this is a repeat, IP, Industrial Park, corresponding to M2 . This rezone application, in my perception, agrees with Goal 1. Policy 1: It says: Located industrial land uses contiguous to the West and East Valley Highways to minimize sprawl. Now industrial land uses are separate from the East Valley Highway by the establishment of the Gateway Commercial zone which extends from just north of 212th straight on to the north to the intersection of SR 167 and East Valley Highway on the south. The City' s initiated of the Gateway Commercial zone is in conflict with Policy 1. However, we supported the establishment of the Gateway zone for the same reasons that we would hope the City would support our rezone request. Those reasons are: uniformity of uses in adjacent areas, quality control of future expansion and a definite improvement of quality over what now exists in the area south of 218th Street. Both United Trucking Lines and DiPietro' s Trucking exist across the street from one another. DiPietro' s developed under M2 zoning and United under CM-1 zoning. The visual quality of DiPietro' s is far superior to that of United. United cannot improve its site visually or operationally and yet they have the same Comprehensive Plan designation. That designation responds to the future needs of the City of Kent. It should be the goal of the Planning Department, in my perception, to do everything in its power to implement that plan. Support of this rezone is consistent with the Comprehensive Plan and not in conflict with it at all. The staff report on page 7 states the following in paragraph 4 A: This is under 11 Hearing Examiner Verbatim Minutes South 218th Street #RZ-90-2 Comprehensive Plan and I 'm going to read this to you, I think its very important of this because it does define the purpose of what a Comprehensive Plan is: The City of Kent first adopted a City- wide Comprehensive Land Use Plan ins 1969. The goals, obiectives and policies of the Comprehensive Plan represent an expression of community intentions and aspirations concerning the future of Kent and the area within its 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 intention concerning future development. Now 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 proposed rezone area is served by the Valley Floor subarea plan. The applicants of this rezone have been guided by the Comprehensive Plan and are in total agreement with the Planning Department' s statement that I just read. Item E, it reads: The expansion of the existing truck terminal facility located within the proposed rezone area will not be permitted outright in the proposed M2 Limited Industrial, zoning district A conditional use permit will still be required. This is totally correct. However, truck terminal facilities currently exist in the following zones in Kent. CM-11 M1, M2 , and M3 , just as there are current uses in the CM-1 zone south of S. 218th Street that belong in M2 and M3 zones. The needs of private enterprise don't always fall into a need and clearly defined category. For practical purposes the establishment of this area as an M2 zone would be an extension of the existing M2 zone north of 218th Street. The focus of this rezone is on United Truck Lines because they are a nonallowable use in a CM-1 zone. They became that nonallowable use because of their success as a business and subsequently outgrew the 1984 Board of Adjustment ruling that allowed them to conduct business as a limited size operation and the owners of that trucking line are going to address that issue after I finish here. There are now, however, four other applicants to this rezone and they all have varying reasons to want to become M2 zoned property. Not the least of which is that an exchange for more restrictive development standards that are more potential uses for their property as an M2 zone. The demand for orderly expansion of M2 zoning is going to continue to exist in the City of Kent. It's my belief that the Planning Department and others should put aside the animosity that exists between the Planning Department and United Truck Lines and there is some and vice versus. The 12 Hearing Examiner Verbatim Minutes South 218th Street #RZ-90-2 alternative for United without this rezone is to leave and relocated at great cost and disruption to the company which an identical trucking operation continues to operate across the street in an area that the Comprehensive Plan designates as identical uses. Now the Planning Department has recently conducted the East Valley Study, this is again, reading from the staff report, F, the Planning Department has recently conducted the East Valley Study which evaluated industrial trends in the area including the proposed site. No changes were made to the Comprehensive Plan Map as a result of the study nor were any changes recommended to the existing CM-11 Commercial Manufacturing, zoning designation. This statement, I believe, is in conflict with itself. I went to several of the East Valley Study meetings and as a result of public input the Gateway Commercial area was established and the City initiated the rezone in support of that part of the Comprehensive Plan. That rezone is now complete and the Gateway Commercial zone is established. I find it difficult to understand why the Planning Department does not support this proposed rezone or, in fact, does not initiate a proposal of rezoning the entire area to correspond to the Comprehensive Plan as was the case with Gateway. There are clearly uses currently operating in the CM-1 zone south of 218th Street that belong in M2 or M3 zones. Conversion of this area from CM-1 to M2 will have little effect on existing properties and development except that it will give them more diversification. Conversion of this area from CM-1 to M2 will go a long way to encouraging visual improvement and toward improvement of the existing road system. On January 10, 1990, a decision document was issued by the Planning Department that stated the following: The applicant shall expand the proposed rezone area to include the remaining CM-1. Commercial Manufacturing zoned properties to the east and west. More specifically, the boundaries of the rezone area shall include to the north the center line of S. 218th Street; to the east, the western boundary of the East Valley Freeway; to the west, the eastern boundary of the Gateway Commercial zoning district adjacent to 84th Avenue S. and the eastern boundary of the adjacent MRM, Multiple Multifamily Residential Medium Density, zoning district and the MHP Mobile Home Park zoning district to the south. The southern boundary of the proposed rezone area extended. Now, the applicants made a good faith effort to do this but were faced with the following and so stated to Jim Harris in a letter dated March 5, 1990. The applicants are not at odds with the City in their mutual desire to include the additional area in the rezone request. However, their attempts to do so have met with indifference, indecision where multiple ownerships are involved and, in one case, where the owners will participate if the City and 13 Hearing Examiner Verbatim Minutes South 218th Street #RZ-90-2 the original five applicants will agree to waive any requirements that they participate in any street improvements. That's a condition that is not tantamount to good business practices. We had to keep it at the size that we originally proposed. Now the staff report. . .excuse me, before I do that I would like to enter in one thing. This is a. . .two things I have to enter in and this is a plan, I don't know how best to show this, I don't have anything to. . .maybe just lay it on the table in front of you. But this is a plan that was submitted. . . . Hunter: When was it prepared? Campbell: Well, the . . . .occurred just about two years ago. Hunter: In conjunction with another rezone application. Campbell: With the initial rezone request by United Truck Lines. When United Truck Lines were sole proponent for the rezone. My reason for entering in this is right now there's. . .there' s a vacant property that exists right in front of United Truck Lines that' s undeveloped and what we wanted to do at that point was to incorporate it the parking lot. An existing residence was removed from there. In doing so we saved all the trees, its got nice landscaping, buffer zones, we wanted to make a nice enclosed parking lot. We could not do that and, again, we don't take issue to that I addressed that earlier. But the fact is there. . .under M2 zone this area that exists between 218th and the United Truck Lines terminal could be improved with a landscape buffer and that' s their opinion right there, that' s 30 feet in depth from the. . .off the street. Right now, they can't and it ' s not a very practical situation. Hunter: O.k. I want. . . I 'm not sure how this. . .do we need to have that site plan to make sense out of that. Your testimony is that, and I 've heard this in different ways from you, that there's things you could no under M2 that you can't do under CM. Campbell: That's right. Hunter: And this is one other example of that. Campbell: Yes, yes. Hunter: O.k. why don't we take your testimonies as example. I don't think the site plan helps that. I understand your testimony in that regard. 14 Hearing Examiner verbatim Minutes South 218th Street #RZ-90-2 Campbell: O.k. Now, I have something that I would. rather than go on and on, I have a series of about 30 photos here. Hunter: What do the photos. . .what do they show. What point do they make? Campbell: The photos show the different conditions that exist in the area right now. The different types of uses, good and bad. There may be no need for me to go through it. They are keyed on this aerial photo. . . Hunter: Well, here' s my concern. There are a number of people that do want to testify. I 've understood your point. Campbell: I understand. Hunter: There' s a mix of uses in the area. Campbell: Yes. Hunter: I viewed the area on video, some of it. Although that didn't show near the extent. We 've received your testimony about the mix of uses; quite a range of uses has been your testimony. I 've viewed the area and there is quite a range of uses. I think that that points been made. If you think the photos will assist in making that point we' ll receive them in. Campbell: I would like to receive them but. . . Hunter: I believe they don't. . .they will not add a whole lot. Campbell: O.k. O.k. I would like to have you receive them in but I 'm not going to go through 30 photos. I think that would. . . . Hunter: No, I think you made your point about the mix of uses in the area. I think that has been fairly clearly made. We' ll receive the photos in as Exhibit 2 to this hearing. Campbell: O.k. I ' ll conclude then very quickly. The staff report has referred to goals and policies of the Comprehensive Plan and I think the best goal of a Comprehensive Plan is to improve the environment of an area through good planning and if the area south of 218th Street were to be zoned M2 which I perceive to be supportable by the existing Comprehensive Plans, I think the following would happen. I think the several existing nonconforming uses will be automatically closer in conformity and any future expansion of these properties will have guidelines of higher 15 Hearing Examiner Verbatim Minutes South 218th Street #RZ-90-2 standards than that now exists under CM-1. This site plan is somewhat of an example and that's the sample that I would cite for that. Now, all future development between 218th Street and 222nd Street outside of the existing apartment, mobile home and gateway commercial will be more consistent with what is going to develop under M2 to the north of 218th Street. Now, if M2 is granted, United Truck Lines in particular, will be allowed to visually improve their site. Again, that ties in with that. And, also, S. 218th Street will receive some improvements as a result of this. Now the perception of M2 is that it is an intense industrial use where in fact it more closely approximate the characteristics of an industrial business park. The perception of a truck/transfer facility is one of heavy industrial classification when, in fact, I think if one looks objectively at these facilities you will see that they can't be in most cases and are compatible, perfectly acceptable within the areas that they exist and as stated earlier they currently do exist in CM-1, M1, M2 and M3 zones throughout the City. Now, when the East Valley Floor Comprehensive Plan was being formulated and discussed in open meetings several of which were breakfast meetings at local restaurants, I along with some of the other people in attendance here and many others such as interested property owners, builders, developers, realtors, so on, we participated in discussions that lead to the final form that this plan has taken. At one of those meetings, I asked the Planning Department to clarify the relationship between the proposed Comprehensive Plan designations and actual zone classifications that lead to the clarification that designates IP as roughly corresponding to M2 . I don't believe for one minute that our goal for this area differs from those of the City. I think we have a different perception of those goals and to achieve them, I think we have to bury the hatchet on the issue of United Truck Lines versus the City of Kent. The problem of nonconforming uses existing in this area can best be solved by recognizing that they do exist and looking toward the Comprehensive Plan as a solution rather than as a barrier. Problems that exist in the area south of 208th Street go beyond the five properties in this rezone application. I think that whatever decision is made on this application is going to go a long way toward the improvement of this area with respect to future development or acceptance of the conditions that now exist. Hunter: Thank you, sir. Campbell : O.k. Hunter: Do you want to bring those photos up here and we' ll make sure we look at them. The ones that you wanted submitted. Well, 16 Hearing Examiner Verbatim Minutes South 218th Street #RZ-90-2 Campbell: O.k. Now, I have something that I would, rather than go on and on, I have a series of about 30 photos here. Hunter: What do the photos. . .what do they show. What point do they make? Campbell: The photos show the different conditions that exist in the area right now. The different types of uses, good and bad. There may be no need for me to go through it. They are keyed on this aerial photo. . . Hunter: Well, here' s my concern. There are a number of people that do want to testify. I 've understood your point. Campbell: I understand. Hunter: There's a mix of uses in the area. Campbell: Yes. Hunter: I viewed the area on video, some of it. Although that didn't show near the extent. We've received your testimony about the mix of uses; quite a range of uses has been your testimony. I 've viewed the area and there is quite a range of uses. I think that that points been made. If you think the photos will assist in making that point we' ll receive them in. Campbell : I would like to receive them but. . . Hunter: I believe they don't. . .they will not add a whole lot. Campbell: O.k. O.k. I would like to have you receive them in but I 'm not going to go through 30 photos. I think that would. . . . Hunter: No, I think you made your point about the mix of uses in the area. I think that has been fairly clearly made. We' ll receive the photos in as Exhibit 2 to this hearing. Campbell: O.k. I ' ll conclude then very quickly. The staff report has referred to goals and policies of the Comprehensive Plan and I think the best goal of a Comprehensive Plan is to improve the environment of an area through good planning and if the area south of 218th Street were to be zoned M2 which I perceive to be supportable by the existing Comprehensive Plans, I think the following would happen. I think the several existing nonconforming uses will be automatically closer in conformity and any future expansion of these properties will have guidelines of higher 15 Hearing Examiner Verbatim Minutes South 218th Street #RZ-90-2 standards than that now exists under CM-1. This site plan is somewhat of an example and that's the sample that I would cite for that. Now, all future development between 218th Street and 222nd Street outside of the existing apartment, mobile home and gateway commercial will be more consistent with what is going to develop under M2 to the north of 218th Street. Now, if M2 is granted, United Truck Lines in particular, will be allowed to visually improve their site. Again, that ties in with that. And, also, S. 218th Street will receive some improvements as a result of this. Now the perception of M2 is that it is an intense industrial use where in fact it more closely approximate the characteristics of an industrial business park. The perception of a truck/transfer facility is one of heavy industrial classification when, in fact, I think if one looks objectively at these facilities you will see that they can't be in most cases and are compatible, perfectly acceptable within the areas that they exist and as stated earlier they currently do exist in CM-1, M1, M2 and M3 zones throughout the City. Now, when the East Valley Floor Comprehensive Plan was being formulated and discussed in open meetings several of which were breakfast meetings at local restaurants, I along with some of the other people in attendance here and many others such as interested property owners, builders, developers, realtors, so on, we participated in discussions that lead to the final form that this plan has taken. At one of those meetings, I asked the Planning Department to clarify the relationship between the proposed Comprehensive Plan designations and actual zone classifications that lead to the clarification that designates IP as roughly corresponding to M2 . I don't believe for one minute that our goal for this area differs from those of the City. I think we have a different perception of those goals and to achieve them, I think we have to bury the hatchet on the issue of United Truck Lines versus the City of Kent. The problem of nonconforming uses existing in this area can best be solved by recognizing that they do exist and looking toward the Comprehensive Plan as a solution rather than as a barrier. Problems that exist in the area south of 208th Street go beyond the five properties in this rezone application. I think that whatever decision is made on this application is going to go a long way toward the improvement of this area with respect to future development or acceptance of the conditions that now exist. Hunter: Thank you, sir. Campbell: O.k. Hunter: Do you want to bring those photos up here and we' ll make sure we look at them. The ones that you wanted submitted. Well, 16 Hearing Examiner Verbatim Minutes South 218th Street #RZ-90-2 that aerial site. . .what is that? Is that an aerial photo taken when? What is the date of that? Campbell: It was taken about the time we developed all the submittals for the proposal, probably. . . Hunter: How do you think that helps me? Rather than. . .you see them on the ground, you see them from the air. Campbell: Well, (unclear) visually toured it, it may not be. . . I ' ll leave that to your discretion. Hunter: What you have is a series of photos, we've had a lot of testimony about the use in the area, the aerial photo, I think, shows the extent of the development but it 's difficult to determine precisely what kind of use is being made from an aerial photos. To me it doesn't add that much. Campbell: Well, to me it shows is the diversification of use. Hunter: O.k. , that's noted. Campbell: (Unclear) I know that it exists. . . Hunter: I think that you have made that point and those photos will assist in that. Campbell : O.k. , you want the photos but not the aerial. Hunter: Well, that' s what I would suggest. O.k. , fine. Thank you. And I ' ll bring them up front and I ' ll make sure that I look at them and have them marked as an exhibit. Campbell: Now they are keyed to this. . . if this is a benefit. Hunter: I see. I think we' ll take. . .take note that these are all within the CM zone as it now exists. That 's what we ' ll take note because you showed the aerial photo and they' re keyed to that. All of these are within the CM zone. O.k. , thank you for your testimony. We all that to come in at some length, you are the applicant. So we allowed some leeway there. I 'm want to urge others to keep you testimony to keep your testimony fairly brief, make your point, you don't need to repeat the point. Once we hear the point we will note it and what we are hear to do is to take testimony on the criteria for rezone. They are stated, most of you have seen the criteria and standards that we must considered whether the rezone is appropriate. The applicant has testified to 17 Hearing Examiner Verbatim Minutes South 218th Street 4RZ-90-2 those as has the City. So let me ask those that are in support of the application. How many do we have that would like to testify in support of the rezone. I see three individuals. . . four. O.k. , why don't we take you right down the row. So, Mam'm if you would like. . . Voice: I would prefer that my husband go first. Hunter: O.k. , that's fine you can defer to the husband. That makes sense, he had his hand raised first. O.k. , we' ll take your testimony first, sir? And, do you swear, affirm to tell the truth, and the whole truth in testimony you're about to give. James Rust: I do. And, since it was so thoroughly gone over, I will be brief. I happen to be the only Hunter: Please state your name, first, for the record. Rust: Oh, my name is James Rust at 8619 S. 218th, Kent, Washington. Hunter: Mr. Rust? . . . .R.U.S.T? Rust• Um Hum. Hunter• O.k. Rust: I live adjacent. . .I 'm the. . . it says that it was in compliance with the residence as an area. As far as I know, at this present time, we are the resident. I mean I don't know of anybody else on that street and I 'm adjacent to their property and I 've listened to this now for, what, three--four years, this fight, so it sounds to me. And, I, for the life of me, cannot understand why the City of Kent keeps knocking these people down. If their business is growing, let them grow and I guess as long as I 'm here, I might as well say it seems to me that the City is not in cooperation with what is being done and what needs to be done in the city of Kent. Hunter: How long have you lived on the property? Rust: Since 1954 . I 've seen it all grow up. Hunter: O.k. Have you seen quite a bit of changes around there, I imagine. 18 Hearing Examiner Verbatim Minutes South 218th Street #RZ-90-2 Rust: I hope to shout. I mean, I might say that across the street is DiPietro Trucking and that is not in accordance with the plan to start with and it used to be a chicken farm. So you see, it has been a long time. And all of the existing. . .there's. . .these people don't have any traffic on our street compared to what was let in that small street that goes down. Now, these are the people that are really occupying the street, Nelson Construction, now they've got some big trucks that go up and down the street. So, I just. . . Hunter: Is if this United Trucking expanded and occupied a greater area, you wouldn't see that as incompatible with what's happened elsewhere. Rust: No, not with what's already happened down there. Hunter: O.k. , thank you for your testimony. Rust: Thank you. Hunter: Next gentleman. Do you swear, affirm to tell the truth, and the whole truth in the testimony you're about to give. Thomas R. Williams: Yes, sir. Hunter: And please begin by stating your name for the record. Williams: My name is Thomas R. Williams. I 'm President of United Truck Lines. I live at 5406 S. Morrell, Spokane, WA 99223 . Basically, I 'm here in support of this rezoning primarily for the reason that we've just thoroughly outgrown the facility that we are in presently and we had purchased property in front of our facility that would allow us, if this zoning went through, to improve the environment as well as we have agreed that we would improve that street to make it more compatible for everybody that's in that area as we are. . .we knew right now that the conditional usage. . .conditional use permit that we have, we've outgrew that. And, when we bought that property in 1984 and agreed to that, we had no idea of the growth that would be. . .come to us over the last five to six years. And we really do not feel that we should be penalized for that growth. Many factors have caused that growth. Deregulation took place shortly right after that and there has been many trucking companies that went out of the business that we are in. Many of those names that you are probably quite familiar to you are Delta System 99 , Joy Motor Freight, Bestway, Garrett Freight Line, A&R, which is one and the same, and many others. But, that' s the ones that have directly affected us. We have a very substantial investment in this piece of property and if we are 19 Hearing Examiner Verbatim Minutes South 218th Street #RZ-90-2 forced to move we feel that its not only going to disrupt our ability within our company to operate efficiently but it is also going to be very expensive to us. The property is there to improve the facility and to also grow and develop the area environmentally and within a six to ten block area of us, including right across the street, there are four other trucking companies larger than what we are. We are not a big company and would like to stay here but we are being forced to leave by the Planning Board's actions not willing to work with us. There has been problems in the past. We have tried to be and we are willing to work with. . .whatever it takes to comply with whatever the City of Kent requires. We know that. . .we are not trying to dwell and state there. . .we know that there are other companies that are in violation and not conforming to the zoning and usage that are in the same areas that we are and most of those. . .there' s one company in particular that has more trucks going in and out per day than we do and that happens to be a repair facility. We are parking in a lot that we own for our employees that we cannot. . .that has holes and everything else and otherwise we would be blocking the streets and everything else all the way up the line and we have 70 employees in this facility we just cannot house their cars. So, and the last point is that the definition of a truck/transfer terminal has not been completely defined and our attorneys that we've talked to feel that if this was in court and it was. . .there was a decision was made that our facility complies as a truck/transfer facility. The only thing that the Planning Board said here today or the Commission said that a truck/transfer terminal is an open facility where you can see the forklifts and the only thing that we have that' s not open, the doors are all open except we have a roof over it so it doesn't rain on us but we have no freight that stays in the facility overnight. That freight comes in and it' s transferred each day and moves in and out to a point of the ten western states. And, we would like very much to see this rezone approved so we can improve our imagine in that area and make it more environmentally sound for the residents. . .our fellow residents that we work with to be a better citizen in that area. Thank you. Hunter: Thank you, sir. Anyone else who wants to testify in favor of this request for rezone. Yes, mam'm. Do you swear, affirm to tell the truth, the whole truth in the testimony you are about to give. Elsie Rust• I do. Hunter: Proceed. 20 Hearing Examiner Verbatim Minutes South 218th Street #RZ-90-2 Rust: I 'm Elsie Rust. I haven't planned anything in particular except that they have been good neighbors. But, are you aware that this is a deadend street. Because that makes a difference. I mean there isn't through traffic going up the hill or anything. There' s just the people that live. . .not the people but the businesses that are on this street and one of the points that Carol brought up was that United Trucking lied to you, right? Oh, yes, oh, yes. Hunter: Now, we don't have any accusations that have gone back and forth at all. What we are looking for. . . Rust: O.k. Well, there's some fear in what they are trying to do. We have no ax to grind. We have four acres there which we want to maintain as a little green belt as long as the tax system will allow us. And we have a horse back there and also. We have nothing to gain although the rumor has gone around that we. . .that they have first option to buy our place which is not true. So, there' s nothing for us to gain. They have been neighbors. Everybody is considerate, they wait for each other on the road just like when you go in and out of Boeing, you know, the traffic condition. Its a narrow road. The City of Kent shouldn't have allowed them there in the first place, right. But they have and so now they are going to penalize them for expanding. Well, look at the City of Kent what are they doing. They are taking in more area all the time. You're having problems over at the Bridgewater. . .there's not place to park. Who' s fault is that, the Planning Commissions. Hunter: Well, Mam'm we have to focus our testimony on the criteria here for rezone, so. . . Rust: Yeah, I know, I know. But, I mean, so this is what I 'm trying to say. The city of Kent is expanding, they are having problems but they are trying to penalize these people. Well, its only natural if you have a chance to grow, you are going to grow, right. Hunter: So, you have no problems then with the. . . Rust: No, no problems at all. Hunter: O.k. Thank you for your testimony. Rust: Thank you. Hunter: Anyone else who wants to speak in favor. Yes, sir. Are there others who want to testify following this gentleman. O.k. , 21 Hearing Examiner Verbatim Minutes South 218th Street #RZ-90-2 we do have another. Do you swear, affirm to tell the truth, the whole truth in the testimony you're about to give. Vern Nelson: I do. Hunter: Please proceed. Nelson: I 'm Vern Nelson, neighbors to the United Trucking and I would like to recommend to the City that you really listen to their side of it because something has to be done. Even with a flatbed truck and car coming from the other direction you can't pass, you just can't. We pull into Rust' s driveway all the time to let trucks by and United has trailer and truck and when then happens and one of our tandem-axial trucks come out you have to back up, somebody does. So, United needs this zoning change or if they stay there something still has to be done with the road. That' s about all I got to say. Hunter: Since you are familiar with the road, do you see that it could be improved. Is it your feeling that there could be improvements that will allow you to pass safely or are there constraints on it. Nelson: Simply widen it, the road. You got open ditches, of course, on each side. . .culverts. . . I 'm not an engineer or anything but I would think culverts and piping, you could do that not too much expense because it is really a narrow road especially when you meet one of my trucks or United Is on the road. You can't move, you got to back up. The smallest. . . .that' s kind of the rule, the smallest vehicle backs up. That' s all I have. Hunter: What company were you with? Nelson: Nelson Construction. Hunter: Nelson Construction. Nelson• Um hum. Hunter: Thank you, Mr. Nelson. Nelson: You' re welcome. Hunter: O.k. , yes, sir? Step forward. Do you swear, affirm to tell the truth, the whole truth in the testimony you're about to give. 22 Hearing Examiner Verbatim Minutes South 218th Street #RZ-90-2 Earl Anderson: Yes, I do. Hunter: Please proceed. Anderson: My name is Earl Anderson. My address is 2304 Kalarney Way, Bellevue, 98004 . I 'm the neighbor to the immediate south at the end of the easement road that access in along the United Truck Line. I 've been owner of that property since about the time United Truck Line bought their property. I really don't have an objection at all to the rezone. In fact, in all probability if the rezone was granted and United Truck Lines complied with the requirement for M2 zoning, they, in fact, would upgrade the area quite a bit and they would do a lot of improvements to S. 218th. I take an objection to the testimony that M2 zoning is a better zoning than CM. My building is in CM. I have multiple tenants. I have another property in CM zoning with multiple tenants. All of our tenants meet and comply with CM zoning. Its a good zoning for small users. Some of our tenants could be in an M2 or M3 but certainly for our use CM zoning is a good zoning. There is a very limited amount of it. In some respects I would hate to see it go away but I really don't object to a rezone. One thing that I would like to request if the rezone was granted would be that maybe their access be limited to S . 218th. Being a user at the end of the easement road, many time when I come in, I find two or three of their large trailers parked in the easement road which causes our access to be limited to one lane in and out of our property. So that would be my only comment. Hunter: I understand that point. Easement road access, is that? Nelson: South 88th Place is a private easement, 25-feet wide that goes into the properties in that particular short plat. It was called the Demita Short Plat, there are four lots. . . Hunter: And that' s what being blocked, is access to that? Nelson: Well, we are not being blocked, just reduced to one lane because they park their truck/trailers along side. Not only the easement, their side of the easement on their property but they park them all the way back against the other properties and they use the end of the property. . .the easement road where my building is as a turnaround to get in. Hunter: So there's some negative impacts from the. . .just the movement of trucks you feel could be eliminated? Nelson: Well, I think, if they were going. . .you know. . . if the rezone is approved and they are able to expand their operation that 23 Hearing Examiner Verbatim Minutes South 218th Street #RZ-90-2 means more traffic and currently one of their dripulveways in accesses off of the easement road, Y d out Of the easement road and then they park along the side on the easement road which is, you know, using other people's property for parking their trucks and stuff like that and they ve never. . .e mad in e never block access but many times its reduced to a one lane rthe length out and I 've seen as many as four trailers parked along g of the road. Not very many re es but most of the time there are one or two trailers along Hunter: Thank you for bringing that forward. Nelson: Thank you. Hunter: Anyone else who would like to testify. to make sure Either for or. . . .yeah, we' ll give you a chance here, I j that everyone here has had a change to testify either in favor and Opposition to or otherwise. O.k. then the procedure t yttweio will typically follow is we' ll allow eCity a Does that sound fair. ebut and then allow you a final opportunity. Does the City have anything to add and then we' ll allow United Truck to respond. ing to your Proud: I have a few comments. I would also like to Gill, rif you have attention that the City Engineer is here, Gary any question about the capacity of 218th. In the staff report on that Page 2 in the information provided on the history, p P and it was originally zoned in 1960 as a C3 , General Commercial zone in was rezoned to the current CM, Commercial Manufacturing, 1973 with the adoption of the present Zoning Code and this was after the General Comprehensive Plan which was adopted in 169 was implemented with all the industrial designations on the map and what my understanding is or s grezones from and talking lto various various records and looking at previou people that were around at that time, that the intent of that commercial manufacturing was kind of a. . .there was a conflict in an between pure manufacturing which is kind of what is p ermi M2 zoning district or, if you read through the permitted uses in an M2 zoning district, you will see manufacturing with typical lot sizes of a minimum of one acre, as much larger operations. There was a need to develop some sort of catch-all zoning district that would allow smaller users or the incubator or what they call it now are these "enterprise zones" whatever to be able to have the are opportunity to begin their cottage industry so to speak, Y smaller manufacturing and be able to do some kind of commercial endeavor with that. And that' s characteristically what we see in the commercial or the CM zoning is that. . .that there is a retail 24 Hearing Examiner verbatim Minutes South 218th Street #RZ-90-2 component to this that you just don't see. . .that you don't see in the manufacturing districts and so that the was purpose of that zoning and, of course, in the staff report the purpose taken straight from the Zoning Code is listed there and kind of clarifies the distinguish between the two zoning districts. Hunter: So, would those uses be precluded in the M2 zone, they can still. . . Proud: If there was that retail component to it. Now, there is that option in the M2 zoning of providing some retail but that retail component, 25 percent, usually applies to the spec. . .the speculative facilities where they have 75 percent manufacturing. . .there's a tavern, a pub or grocery store associated with it but when you have a pure. . . a mixed use like you typical designations are. . . some of their functions would not be permitted in the M2 zoning district so their. . . . Also, the thing to remember about the M2 zoning as a conditional use permit, especially in keeping with what ' s remaining out there in the way of smaller uses that will be both on the north. . . excuse me. . . on the east and west sides of this property, kind of interspersed there, there will still be some CM type uses is that there is the option of any use which is our most heaviest industrial zoning district be permitted in that area with a conditional use permit which isn't to say that it would be approved through that process but the option is always there and that 's the option that United Trucking. . . . Also, in the staff report in the history there is some detailing of the history involved in this project and I think in the record in your file there are minutes and whatnot from previous hearings to fill you in on the various historical events that have occurred on that property and I chose not to go into it in my presentation. I want to talk a little bit about the parking lot. As it is now that parking lot is a zoning violation and the City has chosen not to pursue that in light of what. . .king of waiting for the folks at United Trucking to decide what they were going to do with their property--where they either going to move or were they going to come in for, you know, obtain an area-wide rezone and we tried to give them the option through SEPA to expand the area a little bit so that there wouldn't be the conflict with the remaining users, so as it stands now that parking lot is. . . .they were told not to use that as a parking lot, its not developed, it does not meet City standards and like they said they do park all their employee vehicles in that without approval from the City to do so. Also, just in listening to the testimony and kind of kind of being somewhat familiar with the proposed expansion that I question whether or not that given the addition of providing that parking that the amount of usage that they have at that facility whether 25 Hearing Examiner Verbatim Minutes South 218th Street #RZ-90-2 it would alleviate any of the problems they have with their site being somewhat overused as it is now and alleviating the problem of trailers being stored in easements and, I mean, that. . . its a small site. Its unfortunate that. . . its. . . its kind of a mixed blessing, six of one, half a dozen of another, they are not alone. There are a lot of businesses within the City of Kent and I deal with zoning questions everyday, that' s my job, and there are a lot of people or firms that just flat out outgrow their site and. . .and it is unfortunate but its kind of the fact of success sometimes and I seriously question whether or not this particular site would meet their needs in any event. Certainly they have the option of acquiring the property, that large vacant piece of property to the east of them. . .I mean to the west of them, but. . . Do you have any questions? Hunter: Thank you. Yes, sir, you have clarifying points. Williams: Thank you very much. I agree with you. . . Hunter: I 'm sorry, I misplaced your name. Williams: My name is Tom Williams. I agree with her that without additional property probably or access to a parking lot we have looked into the fact of. . . . We don't necessarily have to park our trailers within even a mile radius as far as trailer parking is concerned. But, to handle our operation on a basis that would be successful to us it can be done very easily with the granting of this. I might want to mention to that the real purpose that we want to do or be is completely self-contained. We own the easement road, we were the ones that granted that property there, so what the gentleman was speaking about as far as our trucks parking on the side of that that was our property that we granted when we moved in there. Hunter: You granted an easement over your property. Williams: That' s right. Hunter: The right to use the easement. . . Williams: That's right. Hunter: The right to use the easement belongs to others. Williams: Right, that's exactly right. The other thing is that we also at the time we moved in as far as the capacity of the road, of 218th, we added additional asphalt to handle the size and weight 26 Hearing Examiner verbatim Minutes South 218th Street #RZ-90-2 of our equipment. And inspecting that roadway it looks very, very adequate except on the curb where it doesn't apply, in otherwords where there' s no asphalt. The other thing that I might mention in all the years that we have been there, we have not had one accident on that road. Thank you. Hunter: One question for you. Your testimony indicates that certainly your company would benefit from the rezone. Are you aware of any others that might benefit in the area from the rezone. Have you talked to others that would benefit. Williams: Well, I 'm sure there's other people that would benefit. I 'm not. . .the only people that we've talked to is all of them that we tried to get them to go along with this to put this rezone together. But, we have, you know, a substantial investment and we feel that if this isn't approved, we are moving. . . .we will have to move, there just no other way. Thank you. Hunter: Thank you. Is there anyone else present that would like to say anything about the rezone application. Yes sir, you have additional comment. Campbell: Just, excuse me, Lawrence Campbell again, just one quick one this time, promise. The M2 allows 25 percent retail in excess of that and this is what Carol has already said that and in excess of that by conditional use permit and the M2 zone is quite extensive. It allows for a lot of services, some retail trades, headquarters of office buildings, industrial operations and processing plants and things of this nature. I don't think anybody in this area, I sincerely believe this, that is currently operating in a CM-1 capacity is going to be adversely affected by this. Nobody is going to be misplaced. And I do think, very quickly that if they are allowed that one plan that I submitted with the improved parking lot. Well, that particular improved parking lot which would be allowed under M2 is going to go a long way to cure the problem that exists on that easement because they are utilizing what should be truck maneuver and parking space on their space and parking or employees and if that situation were alleviated I think it would be a more moveable and operable site. Hunter: Thank you, Mr. Campbell . I think we've heard from everyone that wanted to make comments on this rezone request. So we will considered it for the next 14 days or so and then issue a recommendation to the City Council . Thank you all for coming. The record is closed. c:hemin516.vb 27 Kent City Council Meeting 11 Date July 17 , 1990 Category Bids 1. SUBJECT: COUNCIL CHAMBER SOUND SYSTEM BIDS 2 . SUMMARY STATEMENT: Bids received for the Council Chamber sound system are as follows: Muzak $9, 866. 00 Dimensional Communications 9, 867 .00 London Controls 10,776.96 Atronics 11, 101. 00 Electrocom 14 ,962 .00 Muzak bid the system as specified by the consultant without changes and it is recommended that this bid) be accepted. /1 3 . EXHIBITS• None 4 . RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds that the bid be awarded to Muzak. DISCUSSION:_ ACTION. 1 r Council Agenda Item No. 5A b " 6 t Si "d ..--__._. E EI i !! 9 � l i,l fy€fill i df� f p is af, h Y I�a 4 G ,,clf H 19�I €Jilll €f. X l,{ I . � 0 ii sE, EtIE E 8 1 � li3�I 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