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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 08/07/1990 -777-777777 of kentCit CounciMeetin �3= ' Cit '.� kk � °Y , n d a � A e r , � � : !€€ d I $ !f � AU • IIA ' E � 1 �.► Ili` � s�;�l� , I II � � i d�I i{�>�• 1 9 F : ! Et , {II ri it !r q 1 i4 ! Mayor Dan Kelleher r s , ; s o ' I Council Members � e s ��E Judy i ! Woods, President €' Y Leona Orr Steve Dowell Jon Johnson Christi Houser � � I F r r . Paul Mann Jim White eP August 7, 1990 Y $ i I E> 6! I k Adr9=, " Office of the City Clerk v, I i� I CITY COUNCIL MEETING August 71 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. Employee of the Month 2 . PUBLIC HEARINGS A. Zoning of Mortenson Annexation B. Appeal of Examiner's Recommendation - Foster Co. RZ-90-3 3 . CONSENT CALENDAR A. Minutes B. Bills C. Council Absences D. Reclassifications E. Russell Rd. Picnic Shelter Completion F. Resource Center G. LID 335 - Set Hearing Date H. Goodwin Short Plat I. Homecourt Hotel J. Prepayment LID 330 K. Lake Fenwick Property L. Speed Limit - WVH - Ordinance M. Rezone Ordinance N. Drug Penalty Enhanced - Resolution 4 . OTHER BUSINESS A. Salary Survey ''' ' '; B. Hemlock Acres No. 17 Final Plat C. Willis St. Restaurant and Motel, RZ-90-3 D. Senior Housing Advisory Committee Recommendations E. Glass Artworks for Headquarters Fire Station on East Hill 5. BIDS A. Signal Modification 84th Ave. S. & S. 208th B. Signal Modification SR 516 & SR 167 C. C.7. CONTINUED COMMUNICATIONS r.^ i REPORTSADJOURNMENT /1 V PUBLIC COMMUNICATIONS Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A. Employee of the Month i. Kent City Council Meeting � j Date August 7 , 1990 Category Public Hearings Z olvitQ 9 1. SUBJECT: MORTENSON ANNEXATION �-- 2 . SUMKARY STATEMENT: This public hearing is the second of two hearings to consider the Hearing Examiner's recommendation for initial zoning of R1-20, single family residential (20, 000 square feet minimum lot size) for the Mortenson Annexation No. AZ-88-2. The property is approximately nine (9) acres in size and is located in the vicinity of 98th Ave. So. and So. 218th St. c's �'�t�.. ,' o/ -fire p u o lac C l oje MOVED af'Pro% QM e,'S f-ecdrnrYi eofC.1Gfidn -f-ar- i'nik-i'at z 6n ,, 9 o f R i -a o -a r -fie /Z1 o rye-,sort Clu4-hc r 1'7-e +he- A hl sa ry 0( d, ,,a-,q Ce uJh r fz�- S��o�ded S SSION- ACTION• Council Agenda Item No. 2A June 19 , 1990 PUBLIC (PUBLIC COMMUNICATIONS - ITEM 1C) COMMUNICATIONS Kaibara. Mayor Kelleher announced that he and Sister Councilmember Houser had recently visited Kaibara, Cities Kent' s Sister City in Japan. He noted that the citizens of Kaibara sent their best wishes to the community. The Mayor also announced that he had accepted 1, 000 origami cranes made by school children, which will be displayed at the Goodwill Games. He noted that the legend is that if 1, 000 cranes are folded, one wish is granted, and that his wish is for world peace. CONSENT WOODS MOVED that Consent Calendar Items A and B be CALENDAR approved. Houser seconded and the motion carried. Consent Calendar Item C was removed by Councilmember Houser. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the Council meeting of June 5 , 1990 . ANNEXATION (PUBLIC HEARING - ITEM 2A) ZONING Mortensen Annexation. This public hearing is the first of two hearings to consider the Hearing Examiner' s recommendation for initial zoning of R1-20, Single Family Residential (20, 000 square foot minimum lot size) for the Mortensen Annexation, No. AZ-88-2 . The property is approximately 9 acres in size and is located in the vicinity of 98th Ave. S . and S . 218th St. The second public hearing will be held August 7 , 1990 . Carol Proud of the Planning Department described the area and noted that the Hearing Examiner has recommended approval . Harris noted for Johnson that all of the lots are 20 , 000 square feet or more. The Mayor declared the public hearing open. There were no comments from the audience and WHITE MOVED to continue this public hearing to August 7 , 1990 . Woods seconded and the motion carried. STREETS (OTHER BUSINESS - ITEM 4H) Right-of-Way Acquisition - 228th and 64th. AUTHORIZATION is requested for staff to pursue right-of-way acquisition at 228th and 64th Avenue, establishment of a budget for same, and transfer of $100 , 000 from the Military Road (516 to Bolger Rd. ) 4 KENT PLANNING AGENCY STAFF REPORT FOR HEARING EXAMINER MEETING OF MAY 21 1990 FILE NO: MORTENSON ANNEXATION #AZ-88-2 APPLICANT: CITY OF KENT PLANNING DEPARTMENT REQUEST: The request is to set the permanent zoning of R1-20, Single-Family Residential, to a 393 , 754 square foot area (approximately nine (9) acres of land) located in the vicinity of 98th Avenue S . and S . 218th. STAFF REPRESENTATIVE: ALICE SHOBE STAFF RECOMMENDATION: R1-20, Single Family Residential, with minimum 20, 000 square feet lots. I. GENERAL INFORMATION A. Description of the Proposal The Mortenson annexation (annexed in July 1989 , Ordinance #2860) is composed of approximately nine (9) acres. A zoning designation of R1-20, Single Family Residential is recommended by staff for the entire annexed parcel. All newly annexed land is given an interim zoning designation of R1-20, Single Family Residential, minimum lot size of 20, 000 square feet. This interim zoning remains in effect until the Hearing Examiner and City Council establish the initial zoning for the newly annexed area. B. Location The Mortenson annexation area is located in the vicinity of 98th Avenue S . and S . 218th. (See attached map) C. Size of Property The annexation area is approximately nine (9) acres in size. 1 Staff Report Mortenson Annexation _ #AZ-88-2 D. Zonincr The property is currently zoned R1-20, Single Family Residential . The property was previously zoned SR 15, 000 (King County) . Surrounding property to the south is also zoned R1-20. The property to the west (in King County) is zoned SR 15, 000 . The two existing lots exceed the minimum lot size as specified in the development standards for the proposed standards R1-20 zoning. E. Comprehensive Plan The City of Kent first adopted a City-wide Comprehensive Land Use Plan in 1969 . This Plan, updated in 1971 and 1977, addresses a broad range of land use considerations. The goals, objectives and policies of the Comprehensive Plan represent an expression of community intentions and aspirations concerning the future of Kent and the area within the Sphere of Interest. The Comprehensive Plan is used by the Mayor, City Council, City Administrator, Planning Commission, Hearing Examiner and City departments to guide growth, development, and spending decisions. Residents, land developers, business representatives and others may refer to the plan as a statement of the City ' s intentions concerning future development. The City of Kent has also adopted a number of subarea plans that address specific concerns of certain areas of the City. Like the City-wide Plan, the subarea plans serve as policy guides for future land use in the City of Kent. The area under consideration in this instance is covered by the East Hill Plan. The East Hill Plan Map designates the Mortenson area as SF6, Single Family, 4 to 6 units per acre. CITY-WIDE COMPREHENSIVE PLAN HOUSING ELEMENT UPDATE OVERALL GOAL: ASSURE A DECENT HOME AND SUITABLE LIVING ENVIRONMENT FOR FAMILIES DESIRING TO LIVE IN KENT. GOAL 1: Preserve, maintain and .improve the City ' s existing residential neighborhoods. 2 Staff Report Mortenson Annexation #AZ-88-2 Objective 1: Actively encourage the retention and improvement of existing residential neighborhoods on East Hill, West Hill and the Valley Floor. Policy 1 : Utilize regulatory measures, such as zoning, to provide both interim protection to existing residential neighborhoods which will not be retained, and to protect and improve the neighborhoods to be preserved. GOAL '2 : Guide new residential development into areas where the needed services and facilities are available, and in a manner which is compatible with existing neighborhoods. Planning Department Comment: This goal supports objectives and policies which encourage development of new single-family housing and protect existing single-family neighborhoods from adverse impacts of new development. In recent years, the City of Kent has developed at a rapid pace. In 1989 , the City issued over $170 million in building permits--one of the busiest years on record. Yet even in this peak year of construction, the number of single-family residential permits was minimal (34) . The City of Kent, as of April 1990 , had 11, 994 apartment units. These units made up 65 . 5 percent of the housing stock. Single-family homes made up 30 percent, and the balance were mobile homes. Zoning the Mortenson annexation property for single-family residential uses would work to address the perceived imbalance between single-family and multifamily housing types in Kent. Under the R1-20 zoning, approximately 18 single family homes could be developed. II . HISTORY A. Site History This area was annexed into the City of Kent in July 1989 by Ordinance Number 2860 . The annexed area and surrounding area are predominately residential in nature. 3 Staff Report Mortenson Annexation #AZ-88-2 B. Area History The East Hill area of Kent was first settled in the early 1900s. Since that time commercial and residential development have grown steadily. III . LAND USE Land uses adjacent to the annexation area include: to the east and north of the annexation area, unincorporated King County residential , to the south large vacant lots zoned, R1-20, and to the west developed residential homes zoned R1-12 . IV. ENVIRONMENTAL CONCERNS A. Significant Physical Features 1. Topography and Hydrology The proposed annexation area has a rolling terrain with J the steepest slope approximately ten (10) percent. 2 . Vegetation Vegetation in the annexation area includes deciduous trees, evergreen trees, grass, and shrubs . C. Significant Social Features 1 . Street System The subject property has access to S . 218th Street and 98th Avenue S . which is classified as a collector arterial . The streets have a public right-of-way width of sixty (60) feet while the actual width of paving is twenty four (24) feet. A widening strip will not be required to be deeded to the city. New left turn lanes will not be required. The average daily traffic count on the street is 1, 000 vehicle trips per day. This site may be in the 224th/228th Streets proposed alignment. 4 Staff Report Mortenson Annexation #AZ-88-2 2 . Water System The site is presently receiving water service from Soos Creek Sewer and Water District and is within their service area. 3 . Sanitary Sewer System There is an existing eight-inch sanitary sewer line in S . 218th Street adjacent to the most westerly property line of the site. 4 . Storm Water System A storm water system has already been constructed on the subject property in accordance with the Kent Surface Water and Drainage Code. Additional improvements are not necessary. 5 . LID ' s There are no existing or proposed LIDS at this time. VI . PLANNING DEPARTMENT REVIEW The Planning Department has reviewed this proposed zoning in relation to the Comprehensive Plan, current zoning, land use, street system, flood control problems and comments from other departments and agencies and finds that: A. The Comprehensive Plan Map and East Hill Plan Map designates the site as SF6, Single Family Residential , 4 to 6 units per acre. B. The property is currently under an interim zoning designation of R1-20, Single Family Residential . This interim designation is given to all land annexed into the City until such time as the initial zoning designations are determined. C. Land uses adjacent to the annexation area include: to the east and north of the annexation area is unincorporated King County residential ; to the south large vacant lots zoned R1-20; and to the west developed residential homes zoned R1-12 . 5 Staff Report Mortenson Annexation #AZ-88-2 D. All nine lots exceed the minimum lot size as specified in the development standards for the R1-20, Single-family Residential, zoning district. VII. CITY STAFF RECOMMENDATION The Staff recommends to the Hearing Examiner that the zoning for the Mortenson annexation remain R1-20, Single Family Residential . KENT PLANNING DEPARTMENT April 23 , 1990 6 City of Kent - Planning Department 11/ 11 ! II \ \ \ ( ) 11 11111 1/1111jf1 I — I ( I111�// If \\ 0 rlI r'a1 \� I I I \\11 \\\\\ I I \1 ��I XD, �``I\�ll\ �l\\�} \�1}) 11I I I 1 w 2 I \ \ l \ \ 1 1 \ 11!l 1 j III \ \ 1 \ I I \ \ :: �:S>: "?�Z: :::: Q � �— ' .:. i (\II�JlIII� { 11 � �1 I 1 \ }�:y�Fti4.'1���;;�:;.;'• a'•;•�: �- (\ '��� �iii� / 1111`t \ 111 I \ :,.5 �.Y. :::•..: •.:{;:} ::}}' '/ yam J I!(j� ;0 4.7 \ \ � �\ \ \� \� III { \ Illll \ � \�\I, rii g �'�/•� L \ i I I I I 111\ I 1 Li [ilk 1/1 III � {� \ l1 / ail \\ 1!� 1 ��_�/'` � �(1 ��\ \ / jl {J I1\1 'j \ \' 1\\\\ 1\IIII APPLICATION NAME: Mortenson Annexation NUMBER: AZ-88-2 DATE: May 2, 1990 REQUEST: Maintain Initial Zoning of R-1 20 ............... LEGEND ............... ............... ............... ............... Application site ZONING / TOPOGRAPHY MAP Zoning boundary City limits City of Kent - Planning Department z ti ti 5 � 2v ST Sc;�T N 1 CE' SE 213TH PL J0 w� SE 2 Y 218TH ST ' O C m C 1 m CD '?ND ST / i f APPLICATION NAME: Mortenson Annexation NUMBER: AZ-88-2 DATE: May 2, 1990 REQUEST: Maintain Initial Zoning of R-1 20 LEGEND .............. ............... ...........X. Application site VICINITY MAP Zoning boundary City limits Hearing Examiner Minutes May 2 , 1990 water system should be eliminated. Ms. Duty stated the project will meet all performance standards. City staff is recommending approval with conditions . Ms . Duty requested an additional condition be added; that is, the site across the street be vacated and natural vegetation restored. Ms. Duty commented the site to the west is an illegal use and no storage is allowed. Mr. Hunter asked if the applicant would like to comment. Will Wolfert, Barghausen Consulting Engineers, Inc. , stated the applicant is in agreement with the findings and memo from City' s Traffic Engineer. Mr. Wolfert commented the area west of the site will be vacated and natural vegetation restored. Ms . Duty requested the area to the west be restored in six months. Mr. Wolfert asked for a longer time period. He commented the applicant has been using that site for several years and would need longer than six months to be in compliance with the Zoning Code. There were no public comments . The hearing was closed at 3 : 25 pm. MORTENSON Annexation ttAZ-88-2 A public hearing to consider the request by the City of Kent, Planning Department, 220 Fourth Avenue S . , Kent, WA 98032 , to set permanent zoning of R1-20 , Single-Family Residential, on approximately nine acres of land located in the vicinity of 98th Avenue S . and S . 218th. Alice Shobe, Kent Planning Department, reviewed the staff report. Ms . Shobe gave a brief review of the request for zoning. Ms. Shobe showed the view foils depicting 1) the location of the site and 2) the zoning of the site and surrounding property. The City staff is recommending R1-20 , Single-Family Residential, zoning. There were no public comments. The hearing was closed at 3 : 27 pm. 2 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE HEARING EXAMINER FOR THE CITY OF KENT FILE NO: MORTENSON #AZ-88-2 APPLICANT: CITY OF KENT, PLANNING DEPARTMENT REQUEST: The request is to set the permanent zoning of R1-20, Single-Family Residential , to a 393 , 754 square foot area. LOCATION: The property is located in the vicinity of 98th Avenue S . and S . 218th. APPLICATION FILED: 7/21/89 DEC. OF NONSIGNIFICANCE: ISSUED• 1/26/89 MEETING DATE: 5/2/90 RECOMMENDATION ISSUED: 5/16/90 RECOMMENDATION: APPROVED ZONING OF R1-20 STAFF REPRESENTATIVE: Fred N. Satterstrom, Planning Department Kathy McClung, Planning Department Alice Shobe, Planning Department PUBLIC TESTIMONY : None 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 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 that the initial zoning designation of R1-20, Single Family Residential with minimum lot size of 20, 000 square feet, become the permanent zoning for the subject property located in the vicinity of 98th Avenue South and South 218th. 1 Findings and Recommendation Mortensen #AZ-88-2 2 . The property was annexed in July of 1989 . It was given a zoning designation of R1-20 at that time by operation of Section 15 . 03 . 020 of the Kent Zoning Code. 3 . The subject property is approximately 9 acres in size. 4 . Property surrounding the subject property is all zoned for or developed with single-family development. The property to the south is zoned R1-20 and the property to the west is zoned R1- 12 . The property to the east and north is in King County and has been developed with single-family residences. The subject property was previously zoned SR 15, 000 (Single-family Residential with minimum lot size of 9 , 600 square feet) when in King County zoning jurisdiction. 5 . The Comprehensive Plan Map and East Hill Plan Map designate the subject property as SF6 , Single Family Residential with 4 to 6 units per acre. 6 . All lots within the subject property exceed the minimum lot size for the R1-20 zone. 7 . Public notice was properly publised, mailed and posted at least 10 days prior to the public hearing held on this matter. CONCLUSIONS 1. The proposed zoning designation is consistent with the Comprehensive Plans for the area . 2 . The development on the subject property allowed by the zoning designation would be compatible with the development in the vicinity. 3 . There will be no increased burdens on traffic in the area as a consequence of the proposed zoning designation. 4 . The proposed zoning designation will not adversely affect the health, safety or general welfare of the citizens of Kent. 5 . The proposed zoning designation will assist in preserving and encouraging additional single family zones within the City of Kent consistent with the objective of the Housing Element of the city-wide Comprehensive Plan. 2 Findings and Recommendation Mortenson #AZ-88-2 6 . Because the subject property was annexed to the City in 1989 with an Interim Zoning designation, it is appropriate that the property now receive a permanent zoning designation. DECISION Based on the Findings and Conclusions detailed above, it is the recommendation of the Hearing Examiner that the request that the subject property receive a zoning designation of R1-20 be APPROVED without condition or limitation. Dated this 16th 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. 3 City of Kent - Planning Department r I N , 5 t� ST CO d 7] S u' SE 213TH PL o LL SE 2 218TH ST w w v� o Q O m S 222ND ST i i t APPLICATION NAME: Mortenson Annexation NUMBER: AZ-88-2 DATE: May 2, 1990 REQUEST: Maintain Initial Zoning of R-1 20 LEGEND .............. ............... .............. Application site VICINITY MAP Zoning boundary ... City limits City of Kent - Planning Department r(> ` O Q I l\ 11 fill I 1 /11 p 1 1 1\\\\\`\\1 1 II II \ \ \\ \ \ -7 \\ 1 I I \\\1 �' I1\ \ �:�k�'�:,••;.i;:•�:;:�.:;... l l 1 l 1 /CI III \ \ I \ .��':.�•�.(�'i�:,•.k i;: ::;': �;:;��..;.; �rR, \� \ 0) (11 11 \ : :`•4:>... , ..1. •:-:•. i. � !!� �®ram----��'� �1111� \1 11j1 / I �l>� j1 1�1 I :<:s?:��}��-'•f� tij�•`•�„„; ;�`;. ���iy��/�/�����o�\ �-;�I WN 1111 4 �A1A\VAA1�1 1 ! ! 1 V1 1 \ 11A \ l71! �� �l�`�(�I�w \ \\\\ 1/1 I Afl 1 l l \ / I 1 \ 1 \ �y� 1A I I \1 I \\\\ \llll'II(\I\ �l J \ice\V`\I\\ \. \\\r APPLICATION NAME: Mortenson Annexation NUMBER: AZ-88-2 DATE: May 2, 1990 REQUEST: Maintain Initial Zoning of R-1 20 ............... LEGEND ............... ............... ............... Application site ZONING / TOPOGRAPHY MAP Zoning boundary City limits Kent City Council Meeting Date August 7 1990 Category Public Hearincts ti 1. SUBJECT: APPEAL-WILLIS ST. RESTAURANT AND MOTEL REZONE 2 . SUMMARY STATEMENT: 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 the Foster Company (Jim Foster) of the Hearing Examiner's recommended conditions No. 4 and 5 on an application to rezone a 2 .9 acre site from M2 , limited industrial, . to M1-C, industrial park commercial suffix. 3 . EXHIBITS: Appeal form, Ferguson and Burdell letters dated July 2 and August 1, 1990 with attachments and verbatim minutes 4 . RECOMMENDED BY: Hearing Examiner May 31 1990 (Committee, Staff, Examiner, commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ N/A _ SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT• CLOSE HEARING: 7. CITY COUNCIL ACTION: Councilmember ,%t"ice!' l moves, Councilmember � rl � seconds to approvef4eny- the appeal and, if approved, to allow City staff to condition the approval and to direct the City Attorney to prepare the necessary ordinance. DISCUSSION• J C ACTION• Council Agenda Item No. 2B of: the City Clerk 220 s , 4 th �8-72-3 3 7 0 it-y of Kent ordcr for Transc;-iPt- for Appeal fX.,olij Decision Of llcar"'cJ ReSOILItiOtl B96 Ordinance 2233 D a t 7/2/90 Appeal film U3/y -- --' - - Appel Name The Foster Company - Jim F.oster,,----..-.--.- Ad d),e s.Ij 40 Lake Bellevue Drive, Bellevue, WA 9800. Phorle ( 206 ) 454- 0522 ).!,jl.e NO . RZ-90-3 Date of blearing2xam.i.nex' Public iienrin(3 ma y 16 , 1990. May 31 , 1990 Date of IiP-arillg Decision----,_ . . ,-__.-._--I of Notice of must be filed with the by the HearingE)ILFM I-Ilcr ccnm[: an i'�"(I hy the �icti.on taken --r ' s a $2!i f-,jlj.j2j fee . TreaSUrC Within 30 clays of the jieariL5 Examiner ' s the apL,(: h zI order from the �I -y—ClerR a full transcrj'pL - Ord( tint)JE! amount IjamountE!aring Examiner alld must. postpostat the i- rlle� he C(I If. thamount Of $1.00 for each tape to be FC-C,��t� exceeds L )e amour.*..cost -IA)c,.urre(2 byrsc the City` fo�' excess amol-Int . shall be requir(-'d to reimburse I)c cost. :is less thal, posted, any wl .1 the amount to the appellant. Order for Transcript fece.-ved /3 -S Treasurer ' s Receipt LAW OFFICES OF Ferguson & Burdell KOLL CENTER BELLEVUE 500 - IOBT-AVENUE N.E.,02100 BELLEVUE,WASHINGTON 98004 NADINE M. ZACKRISSON, AICP TELEX:32-0382 FAX:(206)454-57I9 (206)453-1711 July 2 , 1990 City Clerk City of Kent Re: Notice of Appeal - Willis Street Restaurant and Motel RZ-90-3 Dear Ms. Jenson: on behalf of the applicants in the above-referenced rezone, I wish to file a notice of appeal of the Hearing Examiner' s recommendation on the above-referenced rezone issued May 31, 1990. The applicants concur with the recommendations and conditions contained in the Examiner ' s report with two exceptions concerning Conditions No. 4 and No. 5 . A request for reconsideration concerning these two conditions was submitted to the Examiner on June 13 , 1990. This requested was denied by the Examiner on June 27 , 1990 . Chapter 2 . 54 of the Kent City Code provides that an appeal shall be based on specific errors, omissions, or new evidence which was not available at the time of the hearing. Subsequent to the May 31 decision of the Examiner, the Planning Department re-examined the facts and circumstances pertaining to the drainage ditch and landscaping requirements. The Planning Department and Public Works concluded that modifications to the language in these conditions would be both more reasonable and provide opportunity for better design solutions. This information was not available at the time of the May 16 hearing nor could it reasonably have been available as it resulted from a re- assessment of the project which occurred after the hearing. SEATTLE BELLEVUE ANCHORAGE 065AO158 City clerk July 2 , 1990 Page 2 Please consider this therefore a notice of appeal and a request to modify conditions No. 4 and No. 5 of the Examiner' s report. A copy of our request for reconsideration which specifies in detail the modifications requested is attached. Sincerely, FERGUSON & BURDELL By: Nadine M. Zackrisson Attorneys for The Foster Company and Jim Foster NMZ : rlm attach. I , COPY RECEIVED LAW OFFICES OF Ferguson 8 F)LIrC7ell 1.,,.0 KOOLL CENTER BELLEVUE 500 - IOB'-'AIENUE N.E..'2100 Kent. Gity Atiorne BELLEVUE, WASHINGTON 96004 1 NADINE M. ZACKRISSON, AICP TELEX: 32-0382 FAX:)206) 454 5719 )206)453-1711 June 13 , 1990 Mr. Theodore Paul Hunter Hearing Examiner City of Kent 220 - Fourth Avenue South Kent, WA 98032 Re: Request for Reconsideration Willis Street Restaurant and Motel RZ-90-3 Dear Mr. Hunter: On behalf of the applicants in the above-referenced rezone, I am submitting this request for reconsideration pursuant to the Hearing Examiner ordinances and procedures for the purpose of modification of a condition. The applicants concur with the recommendation and conditions of the Examiner ' s report issued May 31, 1990 , with two exceptions concerning Conditions 4 and 5 . The request is to add provisions to Conditions 4 and 5 which grant to the City some discretion in the approval of final design and implementation of the project. The bases for reconsideration are a) specific errors of fact, law, or judgment, or b) new evidence which was not available at the time of hearing. A change in position by the Planning Department reasonably constitutes new evidence and therefore supports a request for reconsideration. 1 . Condition 4 requires: A landscape strip of at least to feet in depth along with a berm of at least three feet in height shall be provided along the eastern perimeter of the site to help establish a visual and aural buffer between users of the site and users of the adjacent Interurban SEATTLE BELLEVUE ANCHORAGE � c 065AO146 Mr. Theodore Paul Hunter June 12 , 1990 Page 2 trail. This condition is intended to provide a buffer between those using the site and the users of the Interurban Trail, and to provide visual buffers around the perimeter of the site. (Conclusion #5, P. 4 , Hearing Examiner report 5/31/90) The Planning Department has indicated that they have reviewed this condition and have determined that greater design flexibility would provide opportunity for design solutions which may serve to both protect the trail and improve on-site development. Therefore, staff has suggested that the condition be modified to include language granting the discretion to consider alternative plans within the intent of the condition as written. In addition, the site does not abut the Interurban Trail directly. There is a distance of 37 ' between the eastern perimeter of the site and the nearest point of the trail. A drainage swale is located between the site perimeter and the trail . Given the generalized nature of the site plan that is part of the consideration of an Ml-C district, the need to modify the plan in response to the conditions of the rezone, and the usual and customary alterations which occur during the preparation of final construction plans, it is reasonable to grant the Planning Department some degree of flexibility in the approval of alternative design solutions . Therefore, we request that Condition No. 4 be amended to read: A landscape strip of at least 10 feet in depth along with a berm of at least three feet in height, or a design alternative acceptable to the Planning Department shall be provided along the eastern perimeter of the site to help establish a visual and aural buffer between users of the site and users of the adjacent Interurban Trail . 2 . Condition 5 provides that: The drainage channel, and the associated vegetation and wetland areas , shall be left in its existing state and shall not be disturbed. The applicant has proposed revisions to the site plan affecting the drainage ditch. This revision would allow two small areas of fill on the north side of the drainage ditch, with a compensating C65AO146 Mr. Theodore Paul Hunter June 12 , 1990 Page 3 increase in the amount of water area provided in the southeast corner of the site. (See attached site plan) . A minor modification such as this provides for the retention of the parking on the north side of the drainage ditch while still providing the 10-foot buffer. This revised site plan preserves the majority of the vegetation including all the mature trees on both banks. If the vegetation and trees are preserved, the other functions can be restored. The design includes replanting emergent vegetation for biofiltration as well as shrubs for bank stabilization and habitat in regraded and disturbed areas. One of the principal concerns expressed by Planning Department Staff at the hearing was the fact that the ditch in addition to its intended function as part of the Valley drainage system, also now provides habitat for local wildlife. Any modification of the drainage ditch must be reviewed and approved by both Public Works and the Planning Department who can therefore ensure that habitat functions will be considered. Both Public Works and the Planning Department have re- evaluated the project and proposed modification and concur with the request to modify the language of Condition 5 . This requested change is consistent with the mitigation conditions attached to the Determination of Nonsignificance issued January 23 , 1990 . We request that Condition No. 5 be amended to read: The drainage channel, and the associated vegetation and wetland areas, shall be left in J its existing state and shall not be disturbed, unless modifications are approved and supervised by the Planning Department and Public Works. Very truly yours, FERGUSON & BURDELL MUNI, By: Nadine, M. Zackrisson NMZ : rlm CITY OF June 27 , 3.990 Ms. Nadine M. Zackrisson, AICP Ferguson & Burdell Koll Center Bellevue, Suit 2100 500 108th Avenue Bellevue, WA 98004 RE: Request for Reconsideration, Willis Street Rezone, Kent File #RZ-90-3 . Dear Ms. Zackrisson: We received your letter Request for Reconsideration on June 14th. Your Request seeks modifications to Condition 4 and Condition 5 of the report and recommendation of the Hearing Examiner issued May 31, 1990 in the above-referenced matter. We note that a letter dated June 14th from Mr. Jim Harris, Director of the Planning Department, was received by this office in support of modification of Condition 5 . Although the Examiner is not required to respond to a Request for Reconsideration, we believe it would be helpful to you if we did so. This letter is in response to your Request. Your Request is based on "new evidence" not available at the time of hearing which, you suggest, is the "change in position" of the Kent Planning Department since the time of the public hearing. No specific errors of fact, law or judgment are alleged. We regret that we have no jurisdiction to accept your Request for Reconsideration for the following reasons : 1 . A Request for Reconsideration is not appropriate where the Hearing Examiner merely issues a report and recommendation for final action by the City Council . Chapter 2 . 54 of the Kent City Code specifies the authority of the Hearing Examiner. Section 2 . 54 . 100 (A) states that the Examiner shall enter a recommendation to the City Council on applications for a rezone. No final decision of the Hearing Examiner is issued following a public hearing on a request for a rezone. Section 15 . 09 . 050 (5) of the Kent Zoning Code limits the authority of the Hearing Examiner with respect-, to rezones to making "a report of findings and recommendations . . . to the City Council, which sh 1- h2ve the final authority to act. . . " . 4w,it 220 4th AVE.SO., /KENT,WASHINGTON 98032-5895/TELEPHONE (206)859-3300/FAX#859.3334 Ms. Nadine M. Zackrisson, AICP June 27 , 1990 Page 2 A Request for Reconsideration should be limited to those situations where the Hearing Examiner issues a final decision, not merely a recommendation. Section 2 . 54 . 150 of the Kent City Code states that: Any aggrieved person feeling that the decision of the Examiner is based on erroneous procedures, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for reconsiderati.on. . . (emphasis added) . This limitation on the Hearing Examiner to accept Requests for Reconsideration of final decisions only is appropriate because the applicant has an opportunity to present his or her views on a recommendation to the City Council in an open public meeting prior to final decision. In other matters before the Hearing Examiner, the decision would be final without this opportunity unless an appeal was filed. A more efficient land use decision making process is assured when Requests for Reconsideration are limited to final decisions . 2 . A change in position by the Planning Department does not constitute "new evidence" as defined in City ordinances . Even if it was appropriate to reconsider a recommendation of the Examiner, the basis for reconsideration stated in your letter ("new evidence" would not allow reconsideration. Section 2 . 54 . 160 of the Kent City Code defines new evidence" as "evidence discovered after the hearing held by the Examiner" but does not include "evidence which was available or which could reasonably have been available and was simply not presented at the hearing for whatever reason" . A "change in position" does not qualify as new evidence. There is ample opportunity to refine positions in advance of a public hearing. Indeed, a public hearing is held to listen to all positions prior to making a decision or recommendation on a particular application. It is not the time to develop new positions. It is appropriate to exclude a change in position as new evidence. If a change in position allowed one to seek reconsideration, requests for reconsideration could become routine depending upon the other evidence Ms. Nadine M. Zackrisson, AICP June 27 , 1990 Page 3 presented at the time of hearing. Typically, a Request for Reconsideration is decided without further public hearing. It could be a violation of due process rights of other parties to the hearing if a decision was modified based on a change of position of one party following the public hearing without allowing an opportunity for other parties to respond to that change of position. For the reasons given above, the Request for Reconsideration will not be considered by the Hearing Examiner due to lack of jurisdiction. We believe the applicant has other avenues available to seek the modifications desired. Sincerely, THEODORE PAUL HUNTER Hearing Examiner TPH: ch LAW OFFICES OF Ferguson & Burdell KOLL CENTER BELLEVUE BEEL0LEV0UE,„WASH NGTON 98004 NADINE M. ZACKRISSON, AICP TELEX: 32-0382 FAX:(206)454 5719 AUG (206)453-1711 G 01 1990 CITY OF KENT August 1, 1990 CITY CLERK Mayor and City Council City of Kent 220 - Fourth Avenue South Kent, WA 98032 Re: Appeal of Conditions RZ-90-3 Willis Street Restaurant and Motel Dear Mayor Kelleher and Council Members: The Hearing Examiner has recommended approval of this rezone and has listed five conditions which should be attached if Council accepts the recommendation and approves the rezone. We concur with the recommendation and proposed conditions with two exceptions. We ask that Conditions 4 and 5 be modified slightly to allow the City greater flexibility in determining the most appropriate design solutions as detailed site development plans are finalized. Our appeal is therefore limited to a request to modify the language of Conditions 4 and 5 . On June 13 , 1990, we filed a request for reconsideration with the Hearing Examiner to address this same question. Based on discussions with staff, and our own perceptions that there had been some misunderstandings at the hearing, we wanted to give the Examiner the opportunity to re-examine these specific design issues. The Examiner concluded that he did not have jurisdiction to reconsider his decision. Therefore, in order to assure that we were able to present these questions directly to the Council, we filed this appeal . The criteria for a rezone are broad in nature and address issues of consistency with the Comprehensive Plan, compatibility of uses, transportation impacts, changed circumstances, and effects on the health, safety, and general welfare of the City as a whole. In SEATTLE BELLEVUE ANCHORAGE 065A0162 Mayor and City Council City of Kent August 1, 1990 Page 2 addition, property rezoned to M1-C must be located in proximity to major arterial intersections, be located appropriately for commercial activities, and be based on generalized (emphasis added) development plans. The Examiner has determined that the proposed rezone meets all these criteria. Subsequent to the May 31 decision of the Examiner, the Planning Department re-examined the facts and circumstances pertaining to the drainage ditch and landscaping requirements. Given the generalized nature of the site plan that is part of the rezone application, it is understandably difficult to find the best design solution during the analysis of the rezone issues. For this reason, we ask that Council approve changes in Conditions 4 and 5 . 1. As written, Condition 4 requires: A landscape strip of at least 10 feet in depth along with a berm of at least three feet in height shall be provided along the eastern perimeter of the site to help establish a visual and aural buffer between users of the site and users of the adjacent Interurban trail. The Planning Department has indicated that they have reviewed this condition and have determined that greater design flexibility would provide opportunity for design solutions which may serve to both protect the trail and improve on-site development. Therefore, staff has suggested that the condition be modified to include language granting staff the discretion to consider alternative plans within the intent of the condition as written. In addition, the site does not abut the Interurban Trail directly. There is a distance of 37 ' between the eastern perimeter of the site and the nearest point of the trail . A drainage swale is located between the site perimeter and the trail. Therefore, we request that Condition No. 4 be amended to read: A landscape strip of at least 10 feet in depth along with a berm of at least three feet in height, or a design alternative acceptable to the Planning Department shall be provided along the eastern perimeter of the site to 065A0162 Mayor and City Council City of Kent August 1, 1990 Page 3 help establish a visual and aural buffer between users of the site and users of the adjacent Interurban Trail. 2 . As written, Condition 5 provides that: The drainage channel, and the associated vegetation and wetland areas, shall be left in its existing state and shall not be disturbed. The applicant has proposed revisions to the site plan affecting the drainage ditch. This revision would allow two small areas of fill on the north side of the drainage ditch, with a compensating increase in the amount of water area provided in the southeast corner of the site. (See attached site plan) . A minor modification such as this provides for the retention of the parking on the north side of the drainage ditch while still providing the 10-foot buffer. This revised site plan preserves the majority of the vegetation including all the mature trees on both banks. If the vegetation and trees are preserved, the other functions can be restored. The design includes replanting emergent vegetation for biofiltration as well as shrubs for bank stabilization and habitat in regraded and disturbed areas. One of the principal concerns expressed by Planning Department Staff at the hearing was the fact that the ditch in addition to its intended function as part of the Valley drainage system, also now provides habitat for local wildlife. The revised condition would require that any modification of the drainage ditch must be reviewed and approved by both Public Works and the Planning Department who can therefore ensure that habitat functions will be considered. Both Public Works and the Planning Department have re- evaluated the project and proposed modification and concur with the request to modify the language of Condition 5. This requested change is consistent with the mitigation conditions attached to the Determination of Nonsignificance issued January 23 , 1990. We request that Condition No. 5 be amended to read: The drainage channel, and the associated vegetation and wetland areas, shall be left in its existing state and shall not be disturbed, 065A0162 Mayor and City Council City of Kent August 1, 1990 Page 4 unless modifications are approved and supervised by the Planning Department and Public Works. We believe that the requested changes fully protect the City's interests while allowing the applicant and the staff to work out design alternatives within the intentions of both existing regulations and the rezone conditions. We ask that Council consider this request favorably and approve the changes as proposed. Sincerely, FERGUSON & BURDELL Ot By: Nadine M. Zackrisson NMZ :rlm Attachments 06%13 90 16: 11 THE FOSTER CO F&B BELLEVUE zoo2 B-twelve Associates Land Consulting J"Ci 131. IS90 Jim Foster The Fostar Company P.O. Bog 1282 Bellevue, WA 98009 EE: Willis Street Eestavrant and motel Our Job Z90-109 Bear Hr. Foster, This letter is to conti.=e our discussion an the draiacourse and associated vegetation at the south end of your progertp. I set with Eon HealY on June 7th to go over possibilities for realignment oil the dralncourse to a.cco=odate the Site design. lu aA7 --ealigximent, we are concerned about the replacement 4f mat-,!Me Vegetation for habitat. value. We agrees that of a-1-1 the functions that the Brea provides, habitat is the most difficult to z' plicate. Therefores Protecting the matt3re trees is a przor?ty, sl=ca r*plaCetM nt i.s a long-terra proposition. Rhll& an site, I noted and marked significant vegetation is this area, of the site. Vae proposed site plan iaclgdes filling a portion of the dia-ir ourse on the nortTh side and excavating ou the south sj.de. See BahilSit: Site Plan. The site design will preserve the majority of to Pegetation ine-6luding all the mature trees or both banks of the draincourse. With preservation of the vegetation, other fuuGti4ns cam to ;estvred_ The design i tcl udes =epz anting emrgent vegetation for biof ltrstion and shrubs for bank stabilization and habitat ir3 regraded and disturbed areas_ kt;ccavation is intended to increase area available for st6=w. a ter deteutioa and bfofiltration lost when the north e,d of the drainaourse is filled. Fleas* call me or Sue Bargeraeister if you have any questi6as or require turth.er informat?on_ Sincerely, Esther $. $award WCtlands Biaingist $27 South Washington Ave. • Kent, WA 98W2 4 2061859-0515 ...-.�z5e -32 r--X T,.�-2✓Z y-i_7':�`a S�'S -- li it m --- 1 m RX fit; cnnpt o..D 233.LSo3 3HL 6S CI 06-'CI,'90 CITY OF L4�1�i�iV� June 14 , 1990 Mr. Ted Hunter Kent Hearing Examiner 220 Fourth Avenue South Kent, WA 98032 RE: REQUEST FOR RECONSIDERATION FOR WILLIS STREET RESTAURANT AND MOTEL #RZ-90-3 Dear Mr. Hunter: I have reviewed the request for reconsideration of the above- referenced case. In a conversation with Nadine Zackrisson, I agreed that the requested change to condition no. 5 is workable and is thus supported by me. Sincerely, Jame P. Harris ning Director JPH: ca 1111111 Ills) 220 Ch AVE.SO., /KENT,WASHINGTON 98032-5895/TELEPHONE (208)859-3300!FAX#859-3334 CITY OF � it January 23 , 1990 IN�CTA Mr. Ron Healey John Anderson and Associates PS, Inc. 10620 NE 8th Street Bellevue, Washington 98004 RE: Willis Street Restaurant and Motel, #ENV-89-128 Dear Mr. Healey: The City of Kent SEPA Review Committee has reviewed your proposal for compliance with the Washington State Environmental Policy Act (SEPA) . In accordance with Section 197-11-350 (3) of the Washington Administrative Code, the following mitigating measures have been identified that would allow the City to issue a Determination of Nonsignificance (DNS) : 1. Due to the location of the proposal in an area where the drainage system discharges directly into the Green River, the owner/developer must provide 7-day storage, on-site detention on the subject site. This equates to 8 1/2 inches of water over the entire site. 2 . Provide oil/water separation and biofiltration of stormwater prior to discharge into the City system. 3 . The open drainage channel and wetland which crosses the southern portion of the property shall remain as a natural open drainage course unless an alternative equivalent, meeting the approval of the Public Works Department, can be provided. 4 . The developer shall conduct a traffic study to identify all traffic impacts upon the City of Kent road network and traffic signal system. The study shall identify all intersections at level-of-service "E" or "F" due to increased traffic volumes from the development. These intersections are at a threshold level for traffic mitigation. :SoNmbm 220 41h AVE. SO.,/ KENT.WASHINGTON 98032 5895/ TELEPHONE (206)8593300 Mr. Ron Healey January 23 , 1990 Page 2 The study shall then identify what improvements. are necessary to mitigate the development impacts thereon. Upon agreement by the City with the findings of the study and the mitigation measures outlined in the study, implementation and/or construction of said mitigation measures shall be the conditional requirement of the issuance of the respective development permits. In lieu of conducting the above traffic study, constructing and/or implementing the respective mitigation measures hereby, the developer may agree to the following conditions to mitigate the traffic impacts resulting from the proposed addition. A. The developer shall execute an environmental mitigation agreement to financially participate and pay a fair share of the costs associated with the construction of the South 272nd/277th Street corridor project. The minimum benefit to the above development is estimated at $150, 588 based on 110 PM peak hour trips entering and leaving the site and the capacity of the South 272nd/277th Street corridor. The execution of this agreement will serve to mitigate traffic impacts to the above mentioned intersection and road system by committing funding for the South 272nd/277th Street corridor, which will provide additional capacity for traffic volumes within the area of the above mentioned development. 5 . All driveway accesses to be restricted to 74th Avenue S. No access shall be allowed on W. Willis Street as shown on site plan. 6. The developer shall be required to execute a traffic signal participation agreement for the future construction of a traffic signal at the intersection of West Willis Street (SR 516) and 74th Avenue S . 7 . Construct cement concrete sidewalks for the entire frontage of 74th Avenue S . and W. Willis Street where they do not already exist. A pending latecomers agreement may require payment of fees to the Foster Company for improvements made to 74th Ave S . and W. Willis Street which directly benefit the subject property. Mr. Ron Healey January 23 , 1990 Page 3 8 . A pedestrian circulation system (sidewalks) shall be incorporated into the development connecting the entrances of the motel and restaurant to sidewalks along 74th Avenue S. and West Willis Street and parking areas within the site. A DNS which includes these mitigating conditions will be issued by the City on January 31, 1990. It may be possible to issue the DNS at an earlier date with the mutual consent of the City and the applicant. If you have concerns or need clarification of any of the conditions, contact Don Wickstrom in the Public Works Department prior to this date at 859-3383 . If you have questions regarding the review process or need additional time to work with the Public Works Department, please contact Carol Proud in the Planning Department at 859-3390 prior to the January 31, 1990 date. In order for the development plan review process to proceed in a timely manner it is important that the City issue the DNS on your project as soon as possible. Further review of your proposal cannot be held until a SEPA determination has been issued. Sincerely, J es P. Harris 'Manning Director JH/CP/kr cc: Don Wickstrom, Public Works Director Kathy McClung, Senior Planner CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 OFFICE OF THE LAND USE HEARING EXAMINER WILLIS STREET RESTAURANT & MOTEL Rezone #RZ-90-3 A public hearing to consider the request by John Anderson and Associates, PS, Inc. , to rezone 2 .9 acres located at the southeast corner of West Willis Street and 74th Avenue S. , from M2 , Limited Industrial, to M1-C, Industrial Park-Commercial Suffix. VERBATIM MINUTES Ted Hunter: What we are doing tonight is taking evidence for the record which is what the Hearing Examiner bases his decision on or recommendation. It's a quasi-judicial proceeding which means each of you will be placed under oath if you care to testify. There will be opportunities to cross-examine those that do testify or ask them questions about what they said and to clarify what was said. The decision that is made by the Hearing Examiner must be made on the evidence brought forward tonight, on the record. So, with that being said, we will turn to the City first on the application, then hear from the applicant and then from any one else that cares to testify about the application. First item, Willis Street Restaurant and Motel, request for a rezone. Mary Duty is the Planner on this one, from the City. Mary Duty: Right. Hunter: Do you swear, affirm to tell the truth and the whole truth in the testimony you're about to give. Duty: I do. O.k. , this is a request to rezone a 2 . 9 acre site located at the southeast corner of West Willis and 74th Avenue as shown in the shaded area. The proposal is to rezone the site from M2 which is limited industrial to an M1-C which is Industrial Park with a Commercial suffix. The proposal included a request to amend the Valley Floor Land Use Plan Map from Industrial Park to Industrial Business Park and this was approved by the Planning Commission in November of 1989 . This shows the existing zoning of the site and surrounding properties--M2 , multifamily to the east and General Commercial on the other side of 167, west of this site. The applicant is proposing a 6, 300 square foot restaurant and 132- unit motel. The restaurant would be located on the. . .o.k. , the restaurant is going to be located on the north portion of the site and the hotel, the 132-unit hotel is proposed on the south portion of the site. 1 Hearing Examiner Minutes Verbatim May 16, 1990 Willis Street #RZ-90-3 Property to the south of this site is. . . .well, is part of the Foster Industrial Plat and the Foster Industrial Plat has been developed in recent years and has a conditional use permit that allows them to have 70 percent of retail and service uses. Additionally, property directly west of this has been granted a conditional use permit to develop an office building on a site right across 74th Street and that' s the 167-Building. The Comprehensive Plan designates the site as industrial with a C- suffix which would allow this type of service and motel/restaurant uses. The Circulation Element of the Comprehensive Plan has a goal to ensure safe, convenient pedestrian movement with and through Kent. We would like to comment on this since the site does abut the Interurban Trail to the east. I ' ll keep this out. The Interurban Trail runs right along this property line. But, the site plan submitted doesn't show the trail immediately east of the property and we have noted that because they have parking proposed, a row of parking and the Interurban Trail runs right here. We are suggesting that the applicant be required to provide a landscaping strip a minimum of ten feet provided along with that boundary and be bermed to shield interurban trail and users of that trail system from the headlights that will be shining from cars that are parking there. I do have a video that I would like to show so I can refer to. . . . . Video Shown (178 to 263) . Another one of the goals in the Comprehensive Plan Element is to protect and enhance existing natural resources and this would ensure the preservation of ecosystems and protect their aesthetic values and a policy under that is to where developed lands contain wildlife, landscaping for food and shelter should be encouraged that non-interference with wildlife use of such landscaping and that those areas should be protected and enhanced. Hunter: Where does that show, I 'm looking at this site plan, I guess, that you had up on the screen and where does it show the. . . Duty: This darkened area, I believe, is where they are showing that. . .that's that drainage course that runs along there. Hunter: That' s the. . .the drainage area. . .uh huh. O.k. Duty: During environmental review it was noted that this should remain and in its natural state unless an alternative equivalent could meet Public Works Department approval. Planning has looked at this and has determined that an equivalent would not be possible 2 Hearing Examiner Minutes Verbatim May 16, 1990 Willis Street #RZ-90-3 because of the significance and well-established vegetation that exists there now. It would not be possible to meet what is there now for another 30 years. So we are recommending that it be left in its natural state and not be disturbed. The applicant may be able to utilize that channel and wetland area for biofiltration and detention of storm water for the site which is an issue for this property. We've also noted that the quality of the storm water needs to be suitable for. . . .prior to leaving the site, suitable for discharge into the Green River. This site. . .the storm drainage for this area goes directly into the Green River. O.k. , it has just been pointed out to me by the City Engineer that this may actually be the relocated drainage channel so. . . so. . . .yeah, so I don't have a site plan that shows. . . Hunter: Well, maybe we can find out from the applicant what the. . .there is an indication that he has that information so we' ll wait for that. Duty: O.k. , I do not have a site plan that shows how the existing drainage channel is located in relationship to the proposed buildings. O.k. , the Valley Floor Plan is also consistent with preservation of the open space and encouraging retention of natural wildlife habitat in areas. It should also be noted that the Zoning Code does require ten feet impervious setback from drainage channels, from the top of the bank. Planning Department review does list the criteria for granting a rezone and number 2 of the criteria says that the proposed rezone and subsequent development of the site would be compatible with development in the vicinity. We had a concern about the bulk scale and design of the project in relation to the rest of the area. The offices and industrial buildings and residential surrounding the site are all campus style, basically one story construction. This project will consist of a four-story hotel. So, to try to minimize the impact that that might have on the surrounding areas the Planning Department would encourage the developer to incorporate some sort of features such as tall landscaping, building modulation, etc. Possibly going through an administrative design review for this project. Hunter: Well, are you saying that the development would not be compatible with development in the vicinity? Duty: Its possible it may not be if care isn't taken to the design and the architectural treatment and landscape features, it could be inconsistent with the surrounding area. It would be the tallest structure in the vicinity. O.k. We. . .also under number 5, the proposed rezone will not adversely affect the health, safety and general welfare of the citizens. The site is a very visible site 3 Hearing Examiner Minutes Verbatim May 16, 1990 Willis Street #RZ-90-3 being near a very major intersection of 74th. . .Willis and the freeway interchange 167 . We would encourage substantial landscaping along the front and side yards to provide a buffer as. . .since it will be acting as a presentation to the City. And since the rear. . . let see. . .since residential property is located to the east as well as the Interurban Trail, we talked about the ten feet of Type II landscaping which is a heavier landscaping along the eastern property line to buffer the development from the Interurban Trail and residential district and that it should be bermed since parking is what is. . . .along that property line. There are additional criteria for rezoning to M1-C suffix and those are: One, the proposed rezone is in close proximity or contiguous to a major arterial intersections and that the rezone to M1-C will not be speculative. And this project is consistent with both of those criteria. The staff is recommending that an approval of this rezone be made with the conditions that are listed in the report. Do you have any questions? Hunter: Well, I 'm looking. I 'm trying to look for the condition dealing with your testimony about the wetlands. Is that condition 5, drainage channel? Duty: Right, the drainage channel, associated vegetated and wetlands should be left in its natural undisturbed state. A ten- foot setback of all impervious services is required by the City of Kent Zoning Code and should be reflected on all future site plans submitted. And number 6. . . Hunter: The other concern you seemed to highlight was the design of the structure itself. Duty: Right, and number 6 . . . Hunter: Six is what you propose to meet that concern? Duty: Right, going through the administrative design review process with the Planning Department that we could come to some sort of agreement for design that would be compatible with the surrounding neighborhood. Hunter: O.k. So, with those conditions, its your testimony that that it meets the rezone criteria and should be approved? Duty: With the condition that we recommended, we would recommend that it be approved. 4 Hearing Examiner Minutes Verbatim May 16, 1990 Willis Street #RZ-90-3 Hunter: O.k. Thank you very much for your testimony. Someone representing the applicant who would like to testify. Duty: Do you want any of these? Voice: Yeah, I might. Ron Healey: My name is Ron. . . Hunter: Good evening. Healey: Good evening. Hunter: Do you swear, affirm to tell the truth, and the whole truth in the testimony you're about to give. Healey: I do. My name is Ron Healey with John Anderson & Associates and I 'm the architect for the project. I have brought along some documentation which, I think, will help clarify some of the questions. Hunter: Are these reproductions. . . Healey: These are reproductions of the drawings plus I added in a few extra to help clarify the ditch and (person is not at microphone; unclear at this point) . Hunter: O.k. Healey: I thought it was a little easier to use this than roll out great (unclear) of paper. Hunter: O.k. If they have changes on them, they should be. . . . Healey: They do. I have added some additions to sheet #2 to clarify where the trail is, which there some questions about and some other information that I would like to point out. And, I will make note of those. Hunter: Let' s. . . let' s have them admitted as an exhibit into the file, then, to note that they are a bit different than what has been submitted. And, then this. . .this narrative material is also submitted. Healey: Yes, if I could please. 5 Hearing Examiner Minutes Verbatim May 16, 1990 Willis Street #RZ-90-3 Hunter: O.k. We' ll have those marked as exhibits so we can refer back to them if we need too. Healey: What I 've done is I 've gone through the staff report and there's obviously been a lot of work put into that and I appreciate that and I have gone through sort of page by page and put my response to the City' s comments which, as I say, are for the most part quite brief and I 'd just like to run through them real quickly if I could. There was a question concerning pedestrian safety should be considered prior to the development of the site. . .planned on-site pedestrian circulation system with connections to the public sidewalks and METRO bus stops should address this issue. If you look on either sheet 1 or sheet 2 we have connected the buildings with sidewalks and both buildings to the sidewalk on 74th Street and to the sidewalk on West Willis. I believe that is what the City is asking us to do and I believe that we have conformed what that. Going on to the next issue, which I happen to be on. . .well, I 'm not sure what page I 'm actually one, three, I believe, of the staff report. The site abuts the Interurban Trail to the east. The site plan submitted does not reflect this, the proposal shows parking along this property line without landscaping. If this application is approved, a minimum of ten foot landscape strip should be provided along this boundary and should be bermed to provide a buffer to adjacent uses of the Interurban Trail and adjacent residential uses. Provisions should be made to allow public access to the Interurban Trail from the site. If you' ll look on sheet number 2 , I have gone on this and drawn in approximately where the Interurban Trail is. I know from a survey where it crosses the south end of the property. I 'm assuming it is running fairly straight and it appears to be. I 've also shown the existing abandoned Willis Street which is existing abandoned pavement going across the Interurban Trail and also approximate edge of the Puget Power right of way which the Interurban Trail is in. My comments are the Interurban site or the site does abut a 100-foot Puget Power right of way which contains the Interurban Trail within the 100 foot right of way. In actuality that right of way is 100 feet at its narrow and is approximately 130, and that's an approximate} at the northern end. The trail is approximately 35 to 40 feet from our property boundary and is separated by drainage swale which is between two and five feet deep and approximately ten feet wide. Access from our site directly to our site would be impossible without construction on privately owned property. We feel that access to the site on the north end of the property via the old paved Willis Street Roadway is safer and more appropriate and I have shown that access and how it interconnects. There 's 6 Hearing Examiner Minutes Verbatim May 16, 1990 Willis Street #RZ-90-3 also mention maintaining a ten-foot landscape strip containing a berm along the east property line. We can find no reason for the request nor has staff planner been able to give us one. The east property line is a rear yard which according to Section 15. 07.060 requires no landscaping. There was some discussion that we needed because our property abuts a residential zone. It does not. Hunter: Where does it indicated the access? This is on Sheet #2? Healey: Two, yes. We are seeing this is really a better way to go through the trail than to try to bring them across this drainage swale is actually quite wide (unclear) . (Unclear) . . .there we go. We do not actually abut a single-family or a multifamily zone. There is actually a 100-foot or that 130 foot. . . 100 foot at one end, 130 foot at the other end. . .Puget Power right of way which is actually zoned M2 . Even if we did abut a residential, the property would be exempt from any special requirements per Section 15. 04 . 070 F4 since it is separated by a railroad main line which this is an existing railroad main line and it did show in the video. If the railroad main line did not exist and our property abutted residential zoning, we would still not be required to provide ten foot of landscaping. All that would be required is the greater. . .a 50 foot setback which, except for one corner of the restaurant, now exceeds that. If you will look again on Sheet 2 , the northern corner of the restaurant is 49 feet from our property line, and except for that one little corner, we are set back more than 50 feet as it is. Based on the Zoning Code requirements, I would say that the City prefers parking along boundaries with residential zoning since they have increased the setback requirement to 50 feet in the M1 and the M2 zones. This 50 foot setback would not be left undeveloped. Outdoor storage is discouraged by the Zoning Code and that leaves it only to be used in parking in my mind. If it is the only use, we are using it appropriately and providing landscaping in accordance with Section 15. 07 . 060. There was some mention of needing to shield car headlights from the single-family residences to the east. This is unnecessary, the single-family residences are over 250 feet away. There is this 100 to 130 foot Puget Power right of way. There's a 110 foot railroad right of way, there's a sixteen foot alley and then there' s the backyards to those single- family. Furthermore, the railroad bed is actually raised above the height of our lot and the height of the single-family lots and from a height varying at the north end at about 14 . . .no, four feet to the south and to the south about 14 feet. Such that headlights would never make it across to the single family. There was also mention of needing to shield car headlights from users of the Interurban Trail. Again, this makes no sense, the trail is a path six to ten feet wide located in a 100 foot right of way, again, I 7 Hearing Examiner Minutes Verbatim May 16, 1990 Willis Street #RZ-90-3 say its 100 to 130 foot right of way which equates to at least 90 feet of natural landscaping along the trail, 30 to 40 feet of which is located between the path and our property. We have examined the trail and could find no place in the City where ten feet of landscaping and a three foot berm had been provided. Existing developments directly along the trail were usually separated by blank building walls, chainlink fences and roads. The trail as it passes our property is very pleasant and would not benefit from more landscaping. Hunter: Let me ask you this, this is a rezone application and one criteria is the compatibility of surrounding uses. Now, is your testimony, are you objecting to this recommending or proposed. . . . •Healey: Yes, Iam. I can see no reason why it will benefit anyone other than to take up more property and we already, because of the existing ditch, which we obviously cannot develop are devoting, actually a lot of area, to landscaping as it is. Hunter: Even if that leads to the conclusion that there is an incompatibility of uses? If there is an impact on Interurban Trail users? Healey: Again, I don't see how you can say that we are having any impact on those and definitely we are having less impact than any other development on the trail in that there is this 30 to 40 feet which is landscaped or, at least, covered with natural vegetation. Again, headlights were brought up as being an issue and, again, the natural vegetation, the grasses and weeds that grow in there are three, four feet high. Again, I don't know who would be using this trail at night and if they did, I seriously doubt they would object to us. In fact, I would think we would be a plus to users of trail at night in that there are people here at night time which would make anybody using that trail feel much safer. So, again, I do not see any reason for requiring that. I could find, at least in my review of the Zoning Code, no justification for that request. The next issue was the drainage ditch. A well-developed drainage channel wetland is located across the southern portion of the property. I ' ll paraphrase since it already has been covered by staff. They have asked us to retain that in a natural state. There has been some discussion about where that it is. It shows on Number 5, again, it is a little hard to read because I 'm trying to overlay two pieces of information, one on top of the other. We have asked for permission to relocate that slightly to the south. Again, it is a fairly large area, about 85 feet wide and does take a fair chunk of property out of the middle which limits our use of the property. If you review the environmental checklist, and the 8 Hearing Examiner Minutes Verbatim May 16, 1990 Willis Street #RZ-90-3 preliminary plans we submitted, you' ll see at the time we submitted that package, we were planning to enclose the ditch and tightline it across our property. We were advised by City staff that this would not be a problem since it was tightlined coming to our property and tightlined leaving. As a condition of SEPA review, we were told to retain the open ditch but that it could be moved with approval of Public Works. We have been in discussion with Public Works on relocating the ditch and it has never been a problem for them. In fact, as late as last Wednesday, both Public Works and Planning agreed that we could relocated the ditch. Since then, Planning has changed their mind. Several issues become important here, this is not a natural drainage course, but a manmade ditch. If it could be built in the first place, it can obviously be rebuilt. City Zoning Code Section 15. 08 . 24 C allows and sets guidelines for relocating of major creeks. If a major creek can be relocated, I cannot see the problem with relocating the ditch. I have cut a couple of sections through the ditch and you can basically see what we are doing. We are moving the ditch approximately ten feet to the south, cleaning up the sides of the banks and redirecting that slightly. Another very important consideration is the City of Kent's future plans for this ditch. The process has begun and it should be completed within five years of diverting most of the water that travels through this ditch into a new storm drainage system. The affects of this diversion will be far greater than any effects we will have in relocating it. I have a letter which I would like to read, if I could, from Sue Burgemeister of B-Twelve Associates, she has been involved from the beginning as our wetland specialist. A copy of the letter is next page over. "This letter is in response to your question regarding status of the drainage course and the potential for relocating. . . " Hunter• (Unclear) Healey: Certainly. Hunter: Now, which letter are you referring to? Do we have a copy of it? Healey: Next page in here I have attached the letter, just turn the very next page and there should be a. . .your' s is probably the one packet that it got left out of. There you go. Hunter: Yeah, I just want to make sure I 'm tracking with your testimony. 9 Hearing Examiner Minutes Verbatim May 16, 1990 Willis Street #RZ-90-3 Healey: Sure, certainly. Hunter: And I understand that what you are doing here, is that you are objecting to this proposed condition, number 5. Healey: Yes, number 5. Hunter: Drainage channel. Healey: Yes, yes. And as I say rather than going to the end I 've tried to follow their. . .through the staff report so that it was in context with what they have had to say concerning it. If I may continue: " . . .as you know B-Twelve was asked to determine if wetlands were present on the site. In our letter to you dated April 12 , 1990, we indicated that under the US Army Corps of Engineers criteria, wetland are not present on the site. In discussing this finding with City staff we also agreed that the swale on the site is not classified as a stream and no fishery use is known by the City. Therefore, the staff agreed with us that this facility is a drainage course. This distinction is significant when considering the issues that should be addressed when evaluating the functions of that must be replaced if the facility is to be relocated. It is our understanding that this Swale is a constructed drain course developed several years ago as part of the construction of 74th Avenue S. Its primary function is the conveyance of storm water from a culvert under the railroad tracks which then flows to the west, across your property to a culvert under 74th Street. Prior to developing the design for the relocation of a storm water facility, all the various functions must be identified and then prioritized. This approach enables the selection of alternatives and compromises in the even that one function is of slightly higher value than another. " Hunter: You don't need to read the entire. . . . Healey• O.k. Hunter: Its in the record. . . Healey: That' s fine. Hunter: I don't think we need to. . .couple more pages long. 10 Hearing Examiner Minutes Verbatim May 16, 1990 Willis Street #RZ-90-3 Healey: O.k. Yes. Hunter: Let me ask you what you're getting at here. What I have. . .we have in the file that was submitted to date. It was reviewed prior to the hearing; is a letter from the same company, the B-Twelve Associates. . . Healey• Yes. Hunter: But, apparently a different wetlands biologist. Healey: Same. . .well, it was basically. . . Hunter: Wetlands biologist, a letter dated. . . Healey: April 2nd, I believe. That was the original letter that she made reference to. Hunter: That refers to it as a (unclear) open water wetland. Healey: Yes. Hunter: What we have is a conflict from the experts, is that what is going on here, even though its the same company and now this later one is indicating that we don't designate this as a wetland. Healey: What she' s saying is that there is a ditch but there is no wetland on the site other than the ditch itself because that was the original concern by staff was that there was not only a ditch which conveyed water but also. . . . .associated with that. Hunter: Its a little disconcerting this letter that you just referred to is dated today' s date. Healey: That' s right. Hunter: I think that's is the first, at least, its hard to respond to that coming in today. Healey: Well, again, I can make the same argument in that we did not know until last Friday that we could not relocate the ditch and, to be honest, to have to deal with that in a matter of three days has not been pleasant for us and that' s why it has taken this long to do and why it was dated today is we have been scrambling to look at the alternatives and try to find out what the City's concerns were and why they were changing their mind and changing 11 Hearing Examiner Minutes Verbatim May 16, 1990 Willis Street #RZ-90-3 from allowing us to relocate that to no longer allowing us to relocate it. Hunter: So your testimony is based on this, I assume its your experts someone you retained, B-Twelve Associates, is that this area that we are talking about is not a wetland, therefore, it does not need to be dealt with as one. Healey: No, that is not what she' s saying. She is saying it is a wetland but she' s not saying that it cannot be relocated just because it is a wetland. Obviously, a creek is a wetland and we relocate creek. I don't think that' s the issue whether its a wetlands or not, the issue is can we relocate it and can we re- establish value to it. In our argument, if, in fact, the City of Kent is going to divert water from this ditch, which is the plan, in fact, my understanding is the first phase design has been done, money has been set aside for the first phase of the construction, to actually start diverting water since most of this water comes from the property east of the railroad tracks. They are going to divert that water and send it south. She is saying that when that is done, this will probably not be a wetlands that there will not be enough water in it to even consider it a wetland at that point and that' s our concern. Is, if in fact, the City is going to do far more damage to it than we are going to do in relocating it, what is the problem with relocating it. It seems consistent with City zoning, so we don't see why that restriction is being placed upon us and especially being placed upon us now just a few days before the hearing. Any other questions? Hunter: Well, I guess we can continue to take testimony. I 'm. . I 'm a little. . . little disturbed. It seems like there's a lot of new information that' s coming in and to be able to respond to. . . like this letter of May 16, is one that we are just know reading and if we are going to be concerned about the appropriate designation for that area, wetland or nonwetland, being able to move it or not move it. Its. . .I think its appropriate to allow some time to respond to this new information. I guess I 'm not inclined to just. . .one letter from an expert to say, that ' s what I rely on. And, I don't imagine that there' s anyone here that' s going to be able to dispute that. We don't have any expert testimony on this issue other than Susan Burgemeister who is your expert. Healey: And, again, that' s my concern. Again, the staff is coming with this determination that we can' t remove it and as far as I can see there is no expert on their point saying that we have been in discussion with Sue who is the wetlands or water quality specialist 12 Hearing Examiner Minutes Verbatim May 16, 1990 Willis Street #RZ-90-3 with the City and, again, she had no problem with relocating the ditch. Hunter: What is happening is that this issue is beginning to overwhelm the issue of rezone criteria. We are looking at rezone criteria which have to do with compatibility and have to do with the appropriateness based on surrounding uses and expected development. And we are getting overwhelmed here with the question of drainage and wetland and relocations. I guess maybe my inquiry is the relevance of this to rezone comes up only because of the proposed condition. Is that correct? Healey: That' s correct. Yes, it has, in my mind, very little do with rezoning the property but it is, again, brought up and we feel that we have obligation to respond to that now rather than accept it. . .blindly accept it as a condition. Hunter: Um hum. Your response raises some issues that perhaps cannot be resolved tonight and, I feel, disinclined to try to resolve them based on the record without allow an opportunity to respond. Maybe, you know, you are going through a lot of different issues. How many others do you Healey: Basically, just a couple. And as you say it really isn't as long as seems. . . Hunter: The issue and see what kind of response there is or we can go through your whole testimony and then see what kind of response you might have. Healey: And, again, it doesn't really matter to me. I. . . Hunter: O.k. , why, why don't we go ahead and let. . . finish your testimony. Healey: O.k. , finish. O.k. , great. O.k. The next issue brought up open space within the development and recreational needs of users. Again, just, I will, again, since it is all written and it is in testimony, I will just briefly address that. The site is visible from 167 . Actually, in the rezone, we are increasing the required landscaping both along the street frontage and the sideyards by five feet, going from 15 to 20 along the front and from 10 to 15 on the sides. So, again, I think the rezone definitely does what the City is asking. Again, the three single- family residences to the east. Again, I don't see where landscaping in that is going to have any benefit on them, virtually will be unseen by them as previously stated. As far as recreation 13 Hearing Examiner Minutes Verbatim May 16, 1990 Willis Street #RZ-90-3 and open space, again, not mentioned in the report, but the motel is planned to have a swimming pool, spa and an exercise room as well as there is an existing park to the south that was put in by the owner of the property when the industrial plat to the south was approved. So, again, I think, as far as recreational facilities that is being addressed very well. Another issue that I 'd like just briefly cover was in the environmental assessment. Hunter: Let me just. . .why is recreation an issue. I 'm trying. . . Healey: Its really not an issue, other than the fact that they brought it up in the report. Hunter: O.k. , again, to focus on rezone criteria. We do have some conditions that have proposed. These aren't ones that have been applied. I guess I 'm having troubles tracking with the open space here. I don't see it in the conditions. Healey: In the final conditions. Hunter: At least what's been proposed. You are disputing certain findings of fact.. Healey: I 'm just trying to clarify and make sure that they understand what we are doing. Again, they make their evaluation on very little submitted information. They did not ask for floor plans, they did not ask for some of that information. Again, they seem to have a concern about that. I just wanted to dispel that concern. Also, the next issue was under the environmental assessment. There has been considerable discussion about retention of the storm water. We have, as they say, met with Public Works. They have, in fact, told us that we could pay a fee in lieu of retention of approximately $12 , 000 and use the existing storm facility that has been designed for this site when the industrial plat was put in. I ' ll skip the next one since it probably doesn't have a whole of lot bearing from what you are saying. The Planning Department has concern about bulk scale and design. Again, I would have. . .put that as a restriction. I don't really feel that is true. In fact, I 've even included some floor plans and elevations in there to show you that. . . Hunter: Don't feel what is true? Healey: That. . .that this is a bulky big building. It is not. It is very modulated. It is. . . it's has projections on all four sides of at least seven feet, there' s no section of the building that is over 20 feet without some modulation to it. The largest portion 14 Hearing Examiner Minutes Verbatim May 16, 1990 Willis Street #RZ-90-3 without a major modulation is 74 feet. The building is not tall, it's only 43 feet. We're allowed a height of 60 feet. We're allowed a lot coverage of 65 percent. We have a lot coverage, including the restaurant, of less than 16 percent of the site and, I believe, the motel covers less than nine percent. Hunter: So, you don't want to go through a design review. Healey: I do not want to go through a design review. In fact, I would step out of sequence slightly and I am now back on the last page, we feel that placing that restriction of going through a design, what they call administrative design review is unnecessary and, in fact, according to Section 15. 090. 45 of the administrative design review is to provide additional site planning flexibility in fulfilling the intent of multifamily transition area requirements and shall not include design elements that are directly related. . .are not directly related to site plan and layouts. Examples of included items are: building colors, textures, siding materials and the like. First, we are not in a multifamily transition zone. Second, those very items that they wish to have control over are the very items excluded from review. Third, those items they wish to have control over, are handled by the architect and, as I 've already stated, the building is not large. It is not a huge mammoth thing. We could easily go in and do a building that covered 65 percent of the site and 60 feet high. Hunter: Well, it's hard for us to ever have an objective standard on that on what 's large or what' s not large. Healey: That' s very true. Hunter: In your opinion, it' s not large. Healey: It is not large. Hunter: May be large. Healey: There's a building to the south that's 132, 000 square feet under one roof. That, to me, is a large building. No, I think it's very, very compatible. We are in an industrial zone. We are not in the middle of a single-family. . . Hunter: Compatibility is more of the issue. Healey: And, again, very compatible. If you look to the, again, if you actually look, we're 110 to 130 feet away from a multifamily zone. That multifamily zone actually allows a 40 foot height 15 Hearing Examiner Minutes Verbatim May 16, 1990 Willis Street JRZ-90-3 limit. We are 43 feet high. If we go on over to the MRD, that allows a height limit, if I remember, of 30 feet or 35 feet. Again, 40 feet is not incompatible with what could very easily be developed on these properties. By the same token, much of the Foster Industrial Park to the south and to the west is undeveloped and even though now they do have one story buildings, and, again, that is a commercial one-story, that' s not a residential one story, which, again, are different. Again, nothing says that what' s going in there is going to be one story or even of similar height. The Zoning Code very clearly allows buildings to 60 feet high. If anything, we could be very easily dwarfed by them and, obviously, we have no control over what goes in therein the future. I think that pretty much concludes. Let me just run through the recommendations at the end. There was on Item 13, of the staff recommendations, they were asking for landscaping of a minimum of 20 feet along the western, northern and southern borders of the site. I believe that is a typo in that 20 feet would be required on the west and north but only 15 would be required on the south. As stated, I believe, on page 15 of the Zoning Code. The landscape strip, we've already covered. The drainage ditch, we 've covered and the administrative design review, we covered. So, if you have no questions, I ' ll conclude my testimony. Hunter: Well, it appears there's a lot of questions about the facts, findings of facts and the proposed conditions. And, I guess you raised a number of objections to proposed conditions based on some concerns about the facts in the file. I think its appropriate to allow the City an opportunity to respond to that. Is there anyone else here that wants to testify on this application. This rezone. I guess not. Would the City want to respond at all to the testimony. Duty: Now. Hunter: Sure. Duty: There were a number of issues covered and I attempted to write each of those down. Initially, the pedestrian circulation that's. . .I really wouldn't take issue with that, it seems that has been addressed adequately. The Interurban Trail location. On the site plan submitted to you today as an exhibit, sheet 2 shows the Interurban Trail on the east side of the Seattle/Tacoma railroad right of way. I just want to point out that that is. . .maybe within right of way but that the actual rail lines are to the east of the Interurban Trail and the Interurban trail is basically level with this. . .approximately level with this site as you could see from the video. And then there is a ditch with grass but you can certainly 16 Hearing Examiner Minutes Verbatim May 16, 1990 Willis Street #RZ-90-3 see from the trail over to the site without any problems. As far as access from the site to the trail, we were not thinking of any elaborate sort of system but maybe more than just a cement sidewalk somehow linking this site to the trail. A four-foot sidewalk, you know, just through the landscaping, even a gravel path. But nothing more than that. As far as landscaping along the east which we are proposing where the parking is located. Basically, we were asking for that landscaping not to protect single-family so much because there is some topography differences with the rail lines but for the Interurban Trail which does not have the luxury of a topography difference. The drainage ditch, as noted, is lower than this site and the Interurban Trail, the headlights would shine directly across. And, to my knowledge, when I was standing on the trial, I was not very far from fruit trees that are located on the site, just directly across the trail. I don't know what distance that was and certainly you're welcome to have the video to look. Hunter: Do you have a sense of the height of vegetation as part of the applicant's testimony was that the vegetation was high enough to screen, the natural grasses and whatnot. Duty: The natural grasses between the trail and the site were maybe three feet. Hunter: I imagine this is the time they would be the highest. Duty: I imagine, yeah, absolutely, I 'm sure. That' s a seasonal thing. Hunter• O.k. Dutv: So, when we do feel that that is a critical to have some sort of a buffer between their parking which I 'm not sure how much of. . .what is there of grasses and the fruit trees are going to be eliminated to accommodate this project which would leave very little natural grass at all. I clarified the railroad location, I believe, indicating that the actual rail lines are on the other side of the trail, east of this development. O.k. , it was also indicated that none of the other projects in the area had to protect this trail. As I noted in the video that was showed, none of the other developments south of this project have parking that are perpendicular to the trail. And, so, and they did have landscaping or it was left in its natural state along that line and there was no parking there. So, there was not an issue of headlights, it was the building, and then landscaping or natural vegetation. As far as fewer impacts on the trail, the whole issue of this rezone is to be able to do more intense uses that are 17 Hearing Examiner Minutes Verbatim May 16, 1990 Willis Street #RZ-90-3 commercial and service oriented. These are higher traffic generators and they are going to have a lot higher use than typical industrial uses. So, the impact is going to be greater both to the traffic system and the Trail than potentially go in there and that is what this rezone and conditional use hearings are for is to identify potential impacts and mitigate those as condition of approval. A lot of the testimony was based on Zoning Code. . . . the strict. . .what the Zoning Code says and a lot of what we use when we're looking at a potential change to Zoning Code boundaries or zoning map boundaries is what the policies of the Comprehensive Plan and if they would be supportive to that change in use. Or, if there is some way to condition it so that. it could be compatible with those policies. When we talked about open space, and I will jump down, and recreation on page 6 of the staff report. Basically, we used the Valley Floor Plan Open Space Element to. . .as justification to further justify that retaining the drainage swale area to the south in its open and natural state, could provide passive recreational uses, we were not talking about whether or not they had on-site recreational facilities for the guests of the hotel. As far as the drainage channel, I know there was a lot of concern about whether it was a wetland or not and that is not our concern whether it is or is not a wetland. Our concern is that it is a natural feature. I would like to use as an example another natural manmade feature and that is the old sewage lagoons. The old sewage lagoons have been designated as, by the City Council, as unique and fragile. They cannot be disturbed, filled or disrupted. It is prohibited by the Zoning Code and those were, in fact, manmade in 1960. They are significant wildlife habitat and are protected by the Code. So that' s just an example of a manmade facility that has unique and fragile characteristics. Certainly we're trying to save those sorts of amenities that are left rather than letting them be destroyed and mitigated or try to mitigate those losses. Gary Gill, City Engineer, will talk more about the issue of enclosure or not to enclose it. As far as enclosing it, entering and leaving the site, I think I showed on the video that it is piped under the trail and under 74th, but it was open on both side. It was open in all phases except under the streets so I did not see other than those instances that it was piped. He indicated that we allow relocation of major creeks. The Code does provide for a proposed relocation. Its not something we get a lot of applications for. In fact, since I 've been we haven't gotten any to my knowledge. If we did, it doesn't necessarily mean that relocation would be approved. Its merely, its there in case there was a situation where something, for instance, Mill Creek is contaminated, well, probably in many places, but the Western Processing site, they will need to do a cleaning and in that instance it may be critical to the public health and welfare to 18 Hearing Examiner Minutes Verbatim May 16, 1990 Willis Street #RZ-90-3 relocate it, to clean the hazardous substances out of it. But, again, that's something we would look at very closely and very detailed and wouldn't necessarily stamp an approval on it. It would probably have significant mitigation to do something like that. As far as not knowing they couldn't relocate it from last Friday, I spoke with the applicants prior to the report being mailed out and indicated that these were conditions that would be applied to this project. O.k. , then, as far as the bulk and scale and design, we weren't picking on this building as being a bulky building, it really depends on the setting and in this setting, given the existing developments surrounding this site, it could appear bulky if careful attention isn't paid to architectural detail and landscaping because existing structures are not four- stories or even two-stories. He indicated 60 feet is allowed for Code. Under the M1-C suffix the height limitation is 35 feet; however, developments can go up to a height of 60 feet with the corresponding increase in setback. The abutting properties that are zoned multifamily, the MRM district allows a maximum height of 40 feet and MRD, 35 feet. And, as far as the design review, it was target specifically at multifamily originally, but, we feel it is certainly appropriate to use that mechanism in other instances that appropriate as is this case, we feel, to protect surrounding land uses and to make developments as compatible as possible with their surrounding land uses and the adjoining freeway. Do you have any questions, I 'm going to let Gary talk more about the ditch. Hunter: O.k. , let me just ask you. In your opinion, then, without these conditions related to landscaping, ground perimeter buffer between the Interurban Trail, drainage channel or ditch location and administrative design review, in your opinion, would you still recommend approval as meeting the rezoning criteria. Duty: My personal opinion is no, I would not recommend approval with out those conditions. Hunter: Thank you. Mr. Gary Gill from the City. Do you swear, affirm to tell the truth, the whole truth in the testimony you're about to give. Gary Gill: I do. Maybe just a little historical perspective on this open drainage course. And when the project was first submitted for environmental review and we made a field investigation of the site, the Engineering Department' s Water Quality Engineer and myself, at that point in time we had indicated as shown on page 8 of the staff report that the open drainage channel and wetland which crosses the southern portion of the property should remain as a natural open drainage course and then 19 Hearing Examiner Minutes Verbatim May 16, 1990 Willis Street #RZ-90-3 after discussions with the Public Works Director and the applicant, they added the clause at the end that said unless an alternative equivalent meeting the approval of the Public Works Department can be provided. At that point in time we had a meeting with the applicants and some of the maps that our Water Quality Engineer had which were State maps designating wetland areas throughout the Green River flood plain area indicated that maybe a substantial portion of this site may be also classified as wetlands. So, one of the requests that we made of the applicants was to have this evaluated and that' s the re-evaluation that was made by B-Twelve & Associates. I believe our Public Works Director had made a determination that it was more acceptable to relocate the channel based on what he heard in telephone conversations that there were not wetlands on the site. However, after seeing the letter of April 2 , I believe, that' s in the staff report or included in the package to the Examiner it definitely states that that drainage area that crosses the site was palisade wetland, I forget the exact designation or terms which she used and I think that' s pretty clear when you go out and look at the site its very significantly different from the other surrounding portions of the property. So, I think that did clarify it for us that the other portions of the site would not be classified as wetland areas but that there was some importance to this area that drainage that crosses the property. I think this letter that' s written today kind a is a little misleading. Whether or not the Army Corps of Engineers criteria, I really question whether or not the Army Corps of Engineers criteria would not classify this particular area as wetlands. I think they indicated in their earlier letter that would be classified as a wetland, that portion. I think the idea whether it is manmade or not is of absolutely no significance. Its an existing drainage course that has been established for a number of years. It was not constructed as a part of the 74th Avenue construction. It was there well before that road and the culverts going underneath the railroad tracks are a good indication that that drainage course was already established back in the time the railroad was built or they wouldn't have put a culvert there in the first place. So that drainage course has been established for a number of years. Its obviously been altered since the freeway was built, since 74th and other construction activities have come in. So other culverts have been put in place to convey that water to the Green River. It actually goes under SR 167, goes under the site where the Valley Publishing facility is and goes into the Green River over there. We do have plans to put in some substantial drainage improvements in that South Park area. So the area on the east side of the railroad tracks is very very severely flooded during major storm events. There' s not a good drainage system over there at all. So the City does have plans to put in a 20 Hearing Examiner Minutes Verbatim May 16, 1990 Willis Street #RZ-90-3 major drainage system that would convey the water from that area and eliminated some of the serious flooding problems that occur down there in the winter months. But, based on the information that we've received from B-Twelve and from our observation on the site, we definitely see that this wetland area has some significance and in the design of any future drainage facility we would try to provide base flow or water that could recharge this area and not allow it to just dry up and disappear and that's something that we would work with. . .with our environmental people in our department as well as any input we might get from the applicant and B-Twelve. We are more than willing to sit down and work with them on minor adjustments in the area. But, I think the main thing is that we want that to virtually stay intact as it is. Maybe there's some minor changes or relocations that they are suggesting that could be done and still save the, you know, the major part of the site. I don't know that' s something we would have to work with the Planning Department on and the owner and the applicant to see if that would be feasible and still accomplish the objective which is to save that area and maintain it. So I don't want to preclude, you know, you know, just totally say that no relocation can be made at all. Maybe something can be done and still achieve the goal of maintaining that area. That' s something we'd have to work out. But, the main point is that we want it to stay as natural as possible and disturb it as little as possible. I think that probably summarizes it. I think the letter from B-Twelve kind of rambles on but they say over again that its not a wetland, that seems to contradict their earlier evaluation so I would say that its, based on my judgment, that it is a wetland. How much value it has I definitely couldn't make any determination on that. Its obviously is not a Fisheries resource, it does not support any Fisheries functions at all. So, it doesn't have as much value as may be some others. Just one last point on the. . .the drainage system that serves the railroad tracks. There some major ditches that run along the railroad tracks and near the Interurban Trail. Those will still have to be maintained. And, the runoff from that system collects would still run through these culverts and go through this drainage course. So between that and any additional storm water that we may have to continue draining in this system and try to do whatever we can to maintain this natural area. Unless you have any question, I think that covers most of it. Hunter: No, I guess not. That covers the drainage issue. Gill: Thank you. 21 Hearing Examiner Minutes Verbatim May 16, 1990 Willis Street #RZ-90-3 Hunter: Does anyone else want to say anything about this application? O.k. , fine. (Unclear) . . .or as a clarification. Kathy McClung: Clarification, that would be the best description. I just wanted to clarify on the building bulk condition. That we didn't want any panic on that condition. The reason that it was added to the staff report was that in the original SEPA application site plan that was submitted, for the SEPA review, there was more of a building modulation on the east side of the building and when the plans were resubmitted for the rezone application. A lot of that modulation had been removed and we didn't want to say that this building was. . .was going to be a big problem, we just wanted to call attention to the fact that looking at this architectural profiles of the building, you don't always get a real. . .you're looking kind of at a flat drawing and so we wanted to make sure that the landscaping that was put in front of those. . .that building was a taller variety and that' s the type of things that we wanted to look at, we don't want. . . .we aren't going to run any formal hearing process typical of other design review that other City' s might have. That's not what we have in mind. We are talking about, an information discussion between staff and the applicant to ensure that as much mitigation of those buildings are done as possible. And, then, secondly, I just wanted to apologize to the applicant because I think that we did create some confusion. Partly because I don't think that we had all of the information on that drainage channel and I know that I contributed to that. The staff report was written, I reviewed it and Mary described to me there was a difference of opinion between our department and the Public Works Department, I read the letter submitted by the Wetland Biologist and on first review, I thought, well maybe this. . .maybe we are being too strong. And then Mary really encouraged me to go out to the site and I did. And after I was out there, I thought, I read this wrong, there's been a mistake. I cam back reread the letter, took it over to the Engineering Department. They changed their opinion and changed mine and we stuck to the recommendation that Mary had written in the original staff report. But in the mean time I had created confusion by talking to the applicant and telling him that I was leaning towards going with the original recommendation but, I did call him as soon as we had made our final determination. Hunter: Certainly, you have that opportunity right now. Healey: Just to address one point that Kathy brought up and that is. . . Hunter: I 'm sorry, I misplaced your name. 22 Hearing Examiner Minutes Verbatim May 16, 1990 Willis Street #RZ-90-3 Healey: Ron Healey- Hunter: Healey. Healey: And that is our original application, I don't know necessarily had more modulation to the east. But, one point that I think is important to make and has not been brought out in the report and that is we have actually changed the size of the building. We've actually decreased by about 30 percent. That original application assumed that we were going to tightline across the property and, therefore, use that area occupied by the ditch and allowed us, at that point, to have a building which would contain 132 units. We have now decreased that to 100 units so the building itself is smaller and actually the modulation is probably greater now in that the projection is smaller but the whole mass is smaller as well. Thank you. Hunter: O.k. Anyone else want to say anything about the rezone application for this piece of property. All right. The record is closed on that rezone application and we will make a recommendation within the next fourteen days. 23 CONSENT CALENDAR 3 . City Council Action: Councilmember �w'� `wUt'�_ moves, Councilmember i" .�. seconds that Consent Calendar Items A through N be approved. Discussion t . Action r "J 3A. Approval of Minutes. \ Approval of the minutes of the regular Council meeting of July 17, 1990. j,�V 3B. Approval of Bills. '21 Approval of payment of the bills received through August 3 , 1990 after auditing by the Operations Committee at its meeting at 2:00 p.m. on August 14 , 1990. X ' Approval of checks issued for vouchers: Date Check Numbers Amount 7/16 - 7/30 94316 - 94336 114 , 808. 01 7/31/90 94338 - 94989 1,399 ,932 . 37 1,514,740. 38 Approval of checks issued for payroll : Date Check Numbers Amount 7/20/90 138639 - 139430 836, 308 . 40 Council Agenda Item No. 3 A-B Kent, Washington July 17 , 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, Acting City Attorney Williamson, Planning Director Harris, Public Works Director Wickstrom, Fire Chief Angelo, Police Chief Frederiksen, Assistant City Administrator Hansen, Information Services Director Spang, Finance Director McCarthy, Personnel Director Olson and City Clerk Marie Jensen. Parks Director Wilson was not in attendance. Approximately 30 people were at the meeting. PUBLIC (PUBLIC COMMUNICATIONS - ITEM 1A) COMMUNICATIONS National Recreation and Parks Month Mayor Kelleher read a proclamation declaring the month of July as National Recreation and Parks Month in the City of Kent. He urged all citizens to support and promote this observance by participating in Kent Parks and Recreation programs, including the International Air Balloon Classic on July 20 and 21, 1990. (PUBLIC COMMUNICATIONS - ITEM 1B) National Night out.' ut Mayor Kelleher read a procla- mation declaring Tuesday, August 7 , 1990 as National Night Out in the City of Kent. He called upon all citizens of Kent to join the Kent Police Public Edu- cation Unit and the National Association of Town Watch in supporting and participating in the 7th Annual National Night Out. (PUBLIC COMMUNICATIONS - ITEM 1C) Centennial Quilt Mayor Kelleher introduced Joanne Virgillo, Denise Good, Kathe Jorgenson and Nancy Jones of the Kent Federated Womens Club. The Mayor noted that 3 years ago the Federated Womens Club wrote letters to community leaders asking them to submit a design for a community quilt in honor of the centennial . He noted that the designs have now been transformed into squares for the quilt. The quilt was then presented to the City, and it will be displayed at the Senior Center. CONSENT WOODS MOVED that Consent Calendar Items 3A through CALENDAR 30 be approved. Item 3P has been removed at the request of Councilmember Dowell . Johnson seconded and the motion carried. 1 July 17, 1990 MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of July 3 , 1990 . HEALTH AND (CONSENT CALENDAR - ITEM 3D) SANITATION Fred Meyer. ACCEPTANCE of the bill of sale and war- ranty agreement submitted by the Roundup Company for continuous operation and maintenance of approximate- ly 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. (CONSENT CALENDAR - ITEM 3E) Hemlock Acres No. 17 . ACCEPTANCE of the bill of sale and warranty agreement submitted by Sunset 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. (CONSENT CALENDAR - ITEM 3F) Hunters Run Too. 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 improve- ments 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. (CONSENT CALENDAR - ITEM 3G) Wildberry. ACCEPTANCE of the bill of sale and war- ranty agreement submitted by Classic American Homes for continuous operation and maintenance of approxi- mately 1, 319 feet of water main extension and 2 , 801 feet of sanitary sewer improvements constructed in the vicinity of S. 233rd Place and 94th Ave. S. in the plat of Wildberry and release of the cash bond after expiration of the one-year maintenance period. 2 July 17, 1990 HEALTH AND (CONSENT CALENDAR - ITEM 3H) SANITATION Shannon Short Plat. 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 S. 272nd St. and 46th Ave. S . of the Shannon Short Plat and release of the cash bond after expi- ration of the one-year maintenance period. WATER (CONTINUED COMMUNICATIONS - ADDED ITEM 6A) Kent Springs Transmission Main. Charles Kiefer stated the City's DNS statement was not sent to the Army Corps of Engineers in April, 1988 and noted that Kent operated under the 1984 version of SEPA. He stated that his attorney and Jim Harris had ex- changed letters and asked that these be made a part of the record. A motion was so made and passed, but no letters were received by the City Clerk. Williamson briefly described the background, clari- fying that the Corps erroneously advised the City that it did not have jurisdiction over any portion of the project. Now the Corps has changed its stand and that there was no intended misrepresentation on the part of the City or the City's consultant. At this time the Corps has jurisdiction over a portion of Phase II of the project. The bid award was therefore withdrawn and a new call for bids is to be advertised for Phase I of the project. He asked that the SEPA official , Jim Harris, incorporate, by reference, the earlier DNS, now in the possession of the court, for Phase I of the project, which contains no wetlands . Williamson noted that Harris ' earlier letter addressed the reconsideration issue. He stated that he will respond to the letter sent by Kiefer' s attorney and suggested that that response be made a part of the record. Harris stated that he had responded to Kiefer' s attorney. Kiefer asked to have the techni- cal terms of the Washington Administrative Code (WAC) explained and Mayor Kelleher asked Williamson to meet with Kiefer. It was clarified for Kiefer that the annexation laws permitted the City to annex Kent Springs in 1984 without a public hearing. 3 July 17 , 1990 TRAFFIC (PUBLIC HEARINGS - ITEM 2B) CONTROL Six Year Transportation Improvement Plan 1991-1996. This date has been set for a public hearing on the update of the City' s Six Year Transportation Im- provement Plan. Marty Nizlek, Transportation Engineering Supervisor, noted that they had looked at traffic safety, traffic congestion and traffic signals, and that the first year of the plan in- cludes the new corridor projects. The Mayor opened the public hearing. Charlie Kiefer, 10926 S .E 274 Street, voiced concern about the number of stop lights on the Crow Road bypass. White explained that the stop lights allow north-south traffic to cross. Kiefer asked that the City study the busi- ness bypass before adopting the plan. Upon a question from Johnson, Kiefer noted that he is not in favor of the 277th corridor. John Kiefer en- couraged the City to study the 264th bypass issue. Wickstrom noted that Items 6 and 13 in the plan refer to the business bypass. Tracy Faust, 5216 S . 212th, requested that a traffic bulge be placed at Frager Road to slow traffic. She noted that a traffic signal would back up traffic. There were no further comments and WHITE MOVED to close the public hearing. Woods seconded and the motion carried. WHITE MOVED that Resolution 1251 be adopted approving the 1991-1996 Six Year Transporta- tion Improvement Plan. Woods seconded. White explained that this is an on-going plan, and that he will pursue tonight' s suggestions with staff at committee meetings. The motion then carried. REZONE (OTHER BUSINESS - ITEM 4A) Kent East Corporate Park Rezone No. RZ-90-4 . This meeting will consider the Hearing Examiner ' s condi- tional 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 S . 212th, east of 84th Ave. S . , north of S. 218th St. , and abuts the west side of SR 167 . Planning Director Harris pointed out the location on the map and de- scribed the rezone request. JOHNSON MOVED to accept the findings of the Hearing Examiner to adopt the Hearing Examiner' s recommendation of approval of the Kent East Corporate Park Rezone No. RZ-90-4 with one 4 July 17 , 1990 REZONE condition and to direct the City Attorney to prepare the necessary ordinance. White seconded and the motion carried. (OTHER BUSINESS - ITEM 4C) South 212th St. Rezone No. RZ-90-2 . This public meeting will consider the Hearing Examiner' s recom- mendation 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 S. 218th St. from approximately 820 feet east of 84th Ave. S . to the Drainage District No. 1 drainage ditch. Mr. Campbell has filed an appeal, which is shown as Public Hearing Item No. 2A. Harris clarified that the Hearing Examiner's recom- mendation is for denial . JOHNSON MOVED to accept the findings of the Hearing Examiner, and to adopt the Hearing Examiner' s recommendation of denial of S . 218th St. Rezone No. RZ-90-2 . Woods seconded and the motion carried. REZONE APPEAL (PUBLIC HEARINGS - ITEM 2A) Appeal - S. 218th St Rezone.- ezone This public hearing was scheduled to consider an appeal by Lawrence M. Campbell from the Hearing Examiner' s recommendation of denial of an application as described above. The City Clerk noted that on this date Mr. Campbell sub- mitted a letter to withdraw the appeal, and the Mayor so ordered. The letter has been filed for the record. ZONING CODE (CONSENT CALENDAR - ITEM 3I) AMENDMENT Tree Preservation Ordinance. ADOPTION of Ordinance 2932 modifying the tree preservation ordinance, amending Ordinance 2452 , as approved by the Council at the July 3 meeting. FINAL PLAT (CONSENT CALENDAR - ITEM 3K) Hemlock Acres No. 17 Final Plat No SV-88-3 AUTHOR- IZATION to set August 7, 1990 for a public meeting to consider the Hemlock Acres No. 17 final plat. The property is approximately 4 . 15 acres in size and is located on the north side of S. 240th St. approx- imately 500 feet west of 116th Ave. S .E. 5 July 17 , 1990 POLICE (CONSENT CALENDAR - ITEM 3C) Drinking Driver Task Force. ACKNOWLEDGEMENT of a contribution in the amount of $200 from Kent .Valley Youth Services for the 1990 Youth Conference. (CONSENT CALENDAR - ITEM 30) Solicitation for Purchase of Narcotics. ADOPTION of Ordinance 2933 making it a crime to offer to sell or purchase narcotics. (CONSENT CALENDAR - ITEM 3L) Sole Source Purchase of Electronic Home Detention Equipment - Resolution. APPROVAL of Resolution 1252 authorizing the Mayor to sign resolution relating to the sole source purchase of Electronic Home Deten- tion (Home Arrest) Equipment for the Kent Police Department as recommended by the Public Safety Com- mittee. 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 war- ranty work on such system. PERSONNEL (CONSENT CALENDAR - ITEM 3P) REMOVED BY COUNCILMEMBER DOWELL City Attorney's office Staff. AUTHORIZATION to hire outside legal assistance and secretarial support to provide prosecutors ' 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 toaling $19 , 457 for the interim period can be covered within the existing budget. Full analysis upon the hiring of a perma- nent City Attorney may require additional budget authorization. Upon Dowell ' s question, Williamson said that the in- terim personnel will be able to handle the present caseload. Houser noted that this had been discussed at the operations Committee meeting. She also stat- ed that it is their desire to have the new City Attorney hire the prosecutor. Williamson stated 6 July 17, 1990 PERSONNEL that he has hired Ann Orcey on a temporary contract basis for $15. 00 per hour, and that there will be another attorney hired for $14 . 00 per hour. He noted that he had recently received a letter inform- ing him that there will be a double set calendar on Mondays from now on and that the public defender contract did not anticipate this. Therefore, the amount is not reflected in the $19, 457 figure, but Williamson will try to work it out administratively within the budget if possible. DOWELL THEN MOVED for approval of Item 3P. Woods seconded and the motion carried. CITY HALL (CONSENT CALENDAR - ITEM 3M) Window Washing Contract. As recommended by the Operations Committee, AUTHORIZATION to sign an agreement with Quality Building Maintenance for window washing services at City Hall, Library, Shops and the Senior Center Building. (CONSENT CALENDAR - ITEM 3N) Elevator Service Contract. AUTHORIZATION to have the Mayor sign a renewal contract with A & M Elevators, Inc. for maintaining elevators at a cost of $2 , 736 annually as recommended by the Operations Committee. (BIDS - ITEM 5A) Council Chamber Sound System Bids. 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, as low bid, be accepted. HOUSER SO MOVED. White seconded and the motion carried. BUDGET (PUBLIC HEARINGS - ITEM 2C) 1991 City of Kent Budget. This date has been set to receive public input for items to be considered in developing the 1991 Budget. The input will be in- cluded with department requests for Council prior- itization at an all day work session on August 9 at 7 July 17 , 1990 BUDGET the Kent Senior Center. Finance Director McCarthy noted the calendar of meetings and future hearings 'involving the budget. The Clerk noted receipt of a letter from the Chamber of Commerce, copies of which were distributed to the Council . The public hearing was opened by Mayor Kelleher. Suzette Cook stated that the Chamber recommended that the reserve fund be allowed to grow so as to total 12% of the City' s budget. She noted also that the City should con- sider supporting, through a contingency fund, a program for youth, such as the School District' s "Youth at Risk" program. There were no further comments from the audience and the hearing was closed. It is proposed that addi- tional hearings on the budget will be held at Council meetings of August 21 and November 6. FINANCE (CONSENT CALENDAR - ITEM 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: Date Check Numbers Amount 6/29 - 7/13/90 93799 - 93819 $ 247 , 378 .99 7/16/90 93820 - 94315 2 , 685 , 160. 40 $2 , 932 , 539 . 39 Approval of checks issued for payroll : Date Check Numbers Amount 7/5/90 137856 - 1.38638 $818 , 777 . 28 (CONSENT CALENDAR - ITEM 3J) Central Telephone System Upgrade. APPROVAL to transfer $80, 000 from 1991 CIP accounts to 1990, to City Hall upgrade the City' s central telephone system as recommended by the Operations Committee. Due to new construction, growth and remodeling of existing facilities, the existing central telephone system is rapidly approaching its capacity levels. 8 July 17, 1990 FINANCE (OTHER BUSINESS - ITEM 4B) CLID 328/334 Bond Ordinance and Purchase Contract. Finance Director McCarthy noted that the City' s Bond Counsel has prepared Ordinance 2931 , providing for the issuance of bonds for Consolidated Local Im- CLID 328/334 provement District 328/334 in the amount of $1, 697 , 303 . 49 . These bond proceeds will be used for the construction of improvements on West Valley Highway between S. 189th and 212th St. and for a sanitary sewer line improvement in the neighborhood of 121st Ave. S.E. and S. E . 276th St. Approval of the purchase contract with Shearson Lehman Hutton, Inc. is a part of the ordinance. The Operations Committee and the Finance Director have recommended approval . HOUSER MOVED to adopt Bond Ordinance 2931 and to authorize the Mayor to sign a purchase contract for CLID 328/334 with Shearson Lehman Hutton, Inc. Woods seconded and the motion carried. EXECUTIVE At 8 : 30 p.m. the Mayor called an executive session SESSION to last approximately 20 minutes regarding litiga- tion. At 8 : 50 p.m. the executive session was extended for another ten minutes. The Council reconvened at 9 : 00 p.m. and Interim City Attorney Williamson suggested that an appropriate motion would be to dismiss certain claims with prejudice and to strike a trial date in the matter of Embar Kent Limited Partnership versus the City of Kent. This would essentially consolidate this case, which is an existing King County Superior case, with another sister companion case with which this case should have been joined. It would, in effect, bind the parties to the outcome of the current case in the Court of Appeals, which is Kentview Properties versus the City of Kent. It would dismiss damage and taking claims against the City with prejudice, upon entry of that order and it would, in effect, allow the trial court to continue its jurisdiction so it could examine the binding effect of the Court of Appeals ' decision. He clarified for Mayor Kelleher that the two cases are hearing the same issues . WOODS MOVED to pursue the action described by Williamson. Johnson second- ed and the motion carried . 9 July 17 , 1990 ADJOURNMENT The meeting was adjourned at 9: 05 p.m. Marie Jensen, CMC City Clerk 10 e Kent City Council Meeting Date_ August 7 , 1990 11 Category Consent Calendar 1. SUBJECT: EXCUSED ABSENCE FOR COUNCILMEMBERS 2 . SUMMARY STATEMENT: Approval to excuse the absence of Councilmember Christie Houser from the August 7, Council meeting. to excuse absences for Councilmember Judy Woods for the August 21 and September 4 Council meetings. Both Councilmembers will be out of town on those dates. 3 . EXHIBITS: ne 4 . RECOMMENDED BY (Committee, taff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL PERSONNEL IMPACT: NO YES FISCAL PERSONNEL OTE: Recommended Not Recommended 6. EXPENDITURE RE UIRE $ _ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3C M E M O R A N D U M To: MAYOR DAN KELLEHER CITY COUNCIL MEMBERS FROM: CHRISTI HOUSER, CITY COUNCIL MEMBER DATE: JULY 30, 1990 SUBJECT: EXCUSED COUNCIL MEETING ABSENCE Since I will be out of town on August 7th, the next City Council meeting, I am requesting an excused absence from that meeting. Thank you for considering this request. CH:jb M E M O R A N D U M TO: MAYOR DAN KELLEHER CITY COUNCIL MEMBERS /�fQ✓J Nk FROM: JUDY WOODS, COUNCIL PRESIDENT U DATE: JULY 25, 1990 SUBJECT: EXCUSED COUNCIL MEETING ABSENCE Since I will be out of town on August 21 and September 4 , 1990, I am requesting an excused absence from the City Council meetings scheduled for those dates. Thank you for considering my request. JW:jb Kent City Council Meeting Date August 7 , 1990 + ' Category Consent Calendar 1. SUBJECT: RECLASSIFICATIONS 2 . UMMARY STA ' As regnmmended by the Opera`t'ons-' Committe pproval to implement0`reclassi ica�ion recommendation in ings of Bill Ewing & Associates, effective September 1, 1990/ The findings identified 72 positions currently working of their present position classifications. The cost to adjust the present internal salary inequities within the City, effective September 1, 1990 through the end of the year would be $44,982. I 3 . EXHIBITS: Department memo/fiscal note 4 . RECOMMENDED BY: Pers nnel Department, Administration IBC Operations Committed 7-24790 (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCA PERSONNEL IMPACT: NO YES h P FISCAL PERSONNE NOTE: Recommended /_rji\ Not Recommended 6. EXPENDITURE RE UIRED: $44 , 982 SOURCE OF FUNDS: Funding absorbed by Departmental Bud ets Gener 1 Fund 7. CITY COUNCI ACTION: Councilmemb r moves, Councilmember seconds 1 DISCUSSION• i ACTION• Council Agenda Item No. 3D 4101 _3`2tr MEMORANDUM DATE: July 24 , 1990 TO: operations Committee FROM: Don E. Olson, Jr. , Personnel Director SUBJECT: Reclassifications ---------------------------------------------------------- Administration supports the fact that all employees should be compensated consistent with other employees having the same or similar job duties and responsibilities. We also support the concept of internal equity, within fiscal reasonableness, among positions regardless of their location within the City. Ewing and Company, through the reclassification process has presented Administration with a comprehensive organizational analysis, along with recommendations that purports to rectify the internal equity issues between positions and within departments throughout the City of Kent. Ewing analyzed 110 positions and recommended 72 of the positions for reclassification. The following is a breakdown of positions and cost by departments: Department Total Positions Cost Finance 9 Positions 5, 198 . 00 Public Works 31 Positions 20, 440 . 00 Information Svc 4 Positions 2 , 476. 00 Law 2 Positions 584 . 00 Fire 3 Positions 708 . 00 Administration 9 Positions 7 , 840 . 00 Planning 1 Position 472 . 00 Parks 11 Positions 6, 456 . 00 Police 2 Positions 808 . 00 Total 72 Positions 44 , 982 . 00 Subject: Reclassification - FISCAL NOTE Creator: Jim Hansen, Assistant City Admini^s rator Tony McCarthy, Finance Director�fv\ On July 24th, the personnel department presented the observations and recommendations from Bill Ewing and Associates concerning the compensation inequity within City departments. Ewing and Associates recommended 72 reclassification out of 110 positions studied. This years negotiated contracts between the City of Kent and represented unions provides employees with the right to request that their positions be reclassified when it becomes necessary in order to meet the prevailing rate for similar positions, to recognize major changes in functions or responsibilities and to align salaries within the bargaining unit in order to correct any inconsistencies. The total cost to come into compliance for this year with the contract agreements and personnel policies for represented and non- represented classifications is $44 , 982 . Most of the cost for the reclassification can be contained within present departmental budgets with overruns to be absorbed by the existing general fund appropriation City wide. The Informal Budget Committee recommends implementation without a budget change. >I �` Kent City Council Meeting Date Auctust 7. 1990 Category Consent Calendar 1. SUBJECT: RUSSELL ROAD PICNIC SHELTER 2 . §UMMARY STATEMENT: As recommended by the Parks Committee thorization to accep p - FusseYi R ad-Picnic Shelter project, and to release retainage to Golf Landscaping upon receipt of state release 3 . EXHIBITS: Fiscal note, change order Owing reason for change. / 4 . RECOMMENDED BY: Parks Committee arks Department (Committee, Staff, Examiner, C mmission, etc. ) 5. UNBUDGETED FISCAL PERSONNEL IMPACT: NO YES X FISCALfPERSONNEL NOTE: Rec mmended Not Recommended 6. EXPENDITURE REQUIRED: $3 759 SOURCE OF FUNDS: 7Kent- erson Peace Park unex ended ro 'ect funds 7 . CITY COUNCIL ACTICouncilmemberves, Councilmember seconds DISCUSSION: _ l ACTION• I j Council Agenda Item No. 3E TUE l E E l GiiLF LAND = CAP Z NG I NC - r � 11 LANb5 PING � CONS CTION,.ING May 11, 1990 City of Y.ent 220 4t•h Ave. So. Kent . WA. 98032 Attention: lielen Wickstrom RE: Russell Road Picnic Shelter additional cost breakdown. Redesign and build new foundation, remove unsuitable material and replace with acceptable material. Reason for changes City inspection rejected original design due to unsuitable soil conditions. i $ 150.00 i, New design- Mortier Engineering 2. M<iterlels; 36' Sauna tube 0 $1,20 per footm$43.20 500' 14 Reber @ $.15 per footw$75,00 125,40 1oo0 Rebar ties 0 $7 20 12.54 Mark-up @ 10%•$12.54 3. Additional Labor: 3/27 thru ,3/30/90 Laborer 45 hours @ $18,00 per hour■ $810,00 1,188.00 Lead man 14 hours @ $27.00 per hourxS378 00 Markup on labor 0 20%•$237 60 237.60 4, Equipment w/operator 580 Case backhoe 24 hours @ $50,00 per hour•$1,440,00 1,440,00 05 00 605.00 450 Dozer 11 hours @ $55,00 per hour`'$6 5. Special concrete inspection, Otto Rosenau & Assoc. $543,00 A/C $3,750,S4 TOTAL CONTRACTORL —' OW R �ICKSTROM,HELEN / KENT70/PK - HPDesk print. ------------------------------- Dated: 06/26/90 at 1538 . Message. '�ubject: RUSSELL ROAD PICNIC SHELTER - FISCAL NOTE Contents : 3 . ender: Tony MCCARTHY / KENT70/FN 10: Helen WICKSTROM / KENT70/PK ?art 1. TO: Helen WICKSTROM / KENT70/PK Part 2 . FOR YOUR PRESENTATION TO THE PARK COMMITTEE ON 7/11 . AS WE DISCUSSED IT DOES NOT NEED TO GO TO OPERATIONS COMMITTEE SINCE WE ARE NOT CHANGING THE TOTAL BUDGET OF THE PARK CAPITAL PROJECT FUND. THE FULL COUNCIL SHOULD APPROVE THE BUDGET CHANGE AS PART OF THEIR MOTION TO ACCEPT THE PROJECT. Part 3 . THE PARK DEPARTMENT IS REQUESTING A BUDGET CHANGE ON THE RUSSELL ROAD PICNIC SHELTER PROJECT. THEY IDENTIFIED THAT BUDGET CHANGE REQUEST TO THE IBC ON MAY 21, 1990 AND NOTED THEY FELT THEY COULD COVER THE BUDGET CHANGE WITH UEXPENDEDANREJECTIONFOFDTHER ORIGINAL EDESIGNRBYN CITY K CHANGE PROJECT. THE INSPECTORS DUE TO UNSUITABLE SOIL. AT THE TIME OF THE REQUEST, IT WAS DISCUSSED AT IBC BUT ACTION WAS DEFERRED UNTIL THE KENT-KHERSON PEACE PARK UNDERRUN COULD BE GUARANTEED. THE PARK DEPARTMENT FEELS CONFIDENT THAT $3 , 759 IS AVAILABLE IN THE KENT-KHERSON PROJECT TO COER THE RSSLL TER TO BEVAPPROVEDUTOE ACCEPT DTHE CPROJECT NIC LAND MAKE GFINAL E CHANGER. THE PAYMENT TO THE CONTRACTOR. THE IBC SO APPROVES . S LJ MCCARTHY,TONY / KENT70/FN - HPDesk print. ----------------------------------------- Subject: RUSSELL ROAD PICNIC SHELTER - FISCAL NOTE -.ator: Tony MCCARTHY / KENT70/FN Dated: 06/26/90 at 1454 . FROM: ED CHOW THE PARK DEPARTMENT IS REQUESTING A BUDGET CHANGE ON THE RUSSELL ROAD PICNIC SHELTER PROJECT. THEY IDENTIFIED THAT BUDGET CHANGE REQUEST TO THE IBC ON MAY 21, 1990 AND NOTED THEY FELT THEY COULD COVER THE BUDGET CHANGE WITH UNEXPENDED FUNDS FROM THE KENT-KHERSON PARK PROJECT. THE CHANGE IS RELATED TO A REJECTION OF THE ORIGINAL DESIGN BY CITY INSPECTORS DUE TO UNSUITABLE SOIL. AT THE TIME OF THE REQUEST, IT WAS DISCUSSED AT IBC BUT ACTION WAS DEFERRED UNTIL THE KENT-KHERSON PEACE PARK UNDERRUN COULD BE GUARANTEED. THE PARK DEPARTMENT FEELS CONFIDENT THAT $3 , 759 IS AVAILABLE IN THE KENT-KHERSON PROJECT TO COVER THE RUSSELL ROAD PICNIC SHELTER CHANGE ORDER. THE CHANGE ORDER NEEDS TO BE APPROVED TO ACCEPT THE PROJECT AND MAKE FINAL PAYMENT TO THE CONTRACTOR. THE IBC SO APPROVES. � � ' Kent City Council Meeting Date August 7 . 1990 Category Consent Calendar 1. SUBJECT: RESOURCE CENTER KITCHEN REMODEL O 2 . SUMMARY STATEMENT: Authorization to transfer $3,217 .80 from the unexpended Kent-Kherson Peace Park project funds to cover an overage in the Resource Center Kitchen Remodel project. i i 3 . EXHIBITS• None 4 . RECOMMENDED BY: Parks Commi ee Parks Department (Committee, Staff, Examin r, commission, etc. ) 5. UNBUDGETED FISCAL/PERS, NNEL IMPACT• NO YES X FISCAL PERSONNEL NOT Recommended �j Not Recommended v 6. EXPENDITURE RE UI D: $3 , 217 .80 SOURCE OF FUNDS: ent-Kherson Peace Park unexpended project funds / 7. CITY COUNCIL CTION: Councilmemb r moves, Councilmember seconds DISCUSSIOZ ACTION• Council Agenda Item No. 3F Subject: RESOURCE CENTER KITCHEN REMODEL - FISCAL NOTE Creator: Tony MCCARTHY / KENT70/FN Dated: 08/01/90 at 1311 . vTOM: ED CHOW THE PARK DEPARTMENT IS REQUESTING A BUDGET CHANGE ON THE RESOURCE CENTER KITCHEN REMODEL. THEY IDENTIFIED THAT BUDGET CHANGE REQUEST TO THE IBC IN MARCH 1990. THE CHANGE IS DUE TO UNFORESEEN CONDITIONS RELATED TO ELECTRICAL AND PLUMBING CODE PROBLEMS DISCOVERED WHEN THE WALLS WERE REMOVED. KNOWING THAT OTHER PROBLEMS MIGHT OCCUR PRIOR TO COMPLETION OF THE PROJECT, THE BUDGET CHANGE REQUEST WAS DEFFERRED TO A LATER DATE. WITH THE COMPLETION OF THIS PROJECT AND THE COMPLETION OF THE KHERSON PEACE PARK PROJECT. THE PARK DEPARTMENT RECOMMENDS THE TRANSFER OF $3 , 219 FROM THE KENT KHERSON PEACE PARK PROJECT TO COVER THE KITCHEN REMODEL CHANGE ORDER. THE IBC RECOMMENDS APPROVAL OF THE BUDGET TRANSFER. l " Kent City Council Meeting Date August 7 . 1990 Category Consent Calendar 1. SUBJECT: LID 335 - IMPROVEMENT OF 77TH AVE. S. 2 . SMRtARY STATEMENT: Authorization to set September 18, 1990 as ate forp/public hearing on confirmation of final assessment roll for LID 335. 3 . EXHIBITS: Vicinity map / I I 4 . RECOMMENDED BY: Staff (Committee, Staff, ExamLMPACT: ission, etc. ) 5. UNBUDGETED FISCAL PERSONN NO n YES FISCAL/PERSONNEL NOTE: Reco ended Not Recommended 6. EXPENDITURE REQUIRED: $ _ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: i Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3G } l e 4TH T S. 194%. ST 196TH ST �+ Q 3 196TH 3T y % O 19 GQ• �/ u I INDUSTRIAL c m AREA v C i jet 3 200TH 3T Dnve In The. - lq ' > w IS 202ND ST � r J � } Industtrisl Road CDS. 204 TH. ST. a ' y ,z U Z < U A 206TH ST AE SPACE ` s 206TH 3 '.= s m INDUSTRY PrrFinR Lot 1 6 S 20 1 \ 206TN fT rtrlsl Road `\ Industriel Road $ 12 L.I.D. 335 PPA g OBRIEN - e 2127E iELEMENTA E SCHooL 4 O'BRIEN s W y J > > < V Firs$tat o 6 ~ 9,216 th. ST• r < z r s 2 W INDUSTRIAL J ARE A w C S. 220TK ST. W t r e S > n 222 14 1':i' ii? i � F ` ♦'n er uh Station I S 12 7 _ 11 12 18 14 13 !~ S226 TH AVE.- iV � I Kent City Council Meeting Date August 7 . 1990 t ) Category Consent Calendar 1. SUBJECT: GOODWIN SHORT PLAT E 2 . SUMMARY STATEMENT: Acceptance of the bill of sale and warranty agreement submitted by Randall S. Goodwin for continuous operation and maintenance of approximately 180 lineal feet of waterline improvements; 445 lineal feet of sanitary sewer improvements; 334 lineal feet of storm sewer improvement, and 745 lineal feet of street improvements constructed in the vicinity of 98th Avenue South & S.E. 248th Street for the Goodwin Short Plat and release of the cash bond after expiration of the one year maintenance. period . 3 . EXHIBITS: Vicinity m 4. RECOMMENDED BY: Staf (Committee, Staff,Lxaminer, Commission, etc. ) 5. UNBUDGETED FISCAL PEL IMPACT: NO YES FISCAL PERSONNEL NOT : Recommended Not Recommended 6. EXPENDITURE REOUIRED $ _ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember I moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3H i ST <, � STH NORT 'i x Zit= / KEN z" St zz T INTC 6 = a 226TH 22 ST 22STH ! 2z7TM\ SE 22BTH P ST�> ST L 22STH ST< SE 228TH z + I M w ST w n 229TN 329THS a W aQ W PL �" �dh' STSE 230 >. SE 231 mob ►" ST I 231ST SE 231ST ST �j jr SE 231STmu 1PARS pvt) ST w 230TH� O'(� ST zn ■SCI ST < �• 1 '�f 232ND ST ow S 232ND S 232ND 232ND ST SE -< E 2321 ST ST 'L.`• SE 232ND PL 232ND j ST i x PL 0 4� n g 94TH CT S _ J` '-' 1 �L^ J� y£ 23390< STH 1 _bd" 1 s „ sf 236TH ST AVE O a S 236TH (Pvt) ST - "'�WY °' z SE 236TH PL �• > o ~� SE 237TH ST LORD" < �pE+ WAY VAttEV s.237TH PLC ^ _ ` 2381 Pvt \y� ' i �• r W ( ) (Pvt) SE 239TH ST > > > = S238TN. �+s;� < F G w ST N < < 473 z 240 2 .l 8 17 o > SE TH 3T a L +ST m Ped O.0 gEAST HILL WS 241ST ST ¢ EELCH�LTARY D ; < / < S 242ND E Z A ST yr M RA E ST j YY Z Z S ST3RD l7 + 6 SMITH Sr = S 44TH ,+ a SE 244TH ST GOODWIN C ST.JAM ES .s SCH 0 SHORT PLAT r4�1,9, ' '✓•�•'11r' WEILAND s 's W S 246TH TACOMA STO +�O' ST 247TH > PL n yCw CHERRY Ol (! O,P ST \\ x r. > W E DEAN o w HILL ST v. '.1- S 248TH ST''. SE + 248TH ST ST <E MACLYN ST f';j.. i�••. `Rir• » I w q E OUIBERSON ST Jl • < j ' tg•til •.i E SEATTLE .FW.ST dSEATTLE ST •�. ••c. 516 ♦+ I:Iwntil, r�111D$T �E CHICA00 9T 4� .• ''*F• S 1252NC T SE N0 ST\{C� ar�J��\.} > sT E LAUREL srIK EAST HILL < CENTER V E HEMLOCK ST C 1'• T, �v'-tr`l F,F^th SE 252N1) $ w RTER .i•'1KIn' Field ST yl 'OST z Y .L. .,. IRIO '� E flISERT ST 3� _ 'Z $1S POI ST WW W W < M W 1� ✓;•✓1 KENT-MERIDIAN < �� E W �t + Z S Y < �r� ,:;.,y �O iSR.H1. SCHOOL WA IT » a ST 4 1.` .I y, �•, SE 256TH ST 91W Ilk< MAPLE A l `�",L �� 30 + r^ F a + G ST 1�• �. y It > > fe k' Kent City Council Meeting Date August 7 , 1990 Category Consent Calendar 1. SUBJECT: HOMECOURT HOTEL 2 . SUMMARY STATEMENT: Acceptance of the bill of sale and warranty agreement submitted by Young Development Company for continuous operation and maintenance of 2, 339 lineal feet of waterline improvements; 1558.4 lineal feet of sanitary sewer improvements; and 480 lineal feet of street improvements constructed in the vicinity of South 212th Street and 64th Avenue South for the Homecourt Hotel project and release of the cash bond after expiration of the one year maintenance period. 3 . EXHIBITS: Vicinity map 1 i 4 . RECOMMENDED BY: Staff (Committee, Staff, Ex miner, Commission, etc. ) 5. UNBUDGETED FISCAL PE ONNEL IMPACT: NO �/ YES FISCAL/PERSONNEL NOT : Recommended Not Recommended i 6. EXPENDITURE REO UI $ _ SOURCE OF FUNDS: 7 . CITY COUNCIL ACT N: Councilmember moves, Councilmember seconds 11 DISCUSSION: ACTION• Council Agenda Item No. 3I 10 ; 11 12' J F OBRIEN I iELEMENTA SCHOOL , a _ < I\, Fir*Station HOMECOURT TEL,/ _ EB CY ,T k lid th. ST. ti Sewa;;e piti pi,sal( i ' Plant49 \ M / I � y i g S. 220TH 5T. 9 Po er SuG Station 10 11 11 12 15 14 S226 TH AVE. 14 13 uj Q y S 227TH PL Li = a N Q I-- W = W IT z L N Q m 2 4 ^ 2: _ � I a SS n INDUSTRIAL AREA l I s FF 6i �FS�O g F > eL YO s. 23•T►+ F ST K NT 8 1978 PO ATO J,-� 1983 POPULA ION 241500 s J < CLOuor ST CREEN RIVER v�Fso 3 238TH s F ekto w � 14 JAMES ST 14 13 Kent City Council Meeting �1 Date August 7 , 1990 Category Consent Calendar 1. SUBJECT: LID 330 77TH AVE. S. 2 . Y STATEMENT: As discussed with the Operations Committee s 'assessmenta their July 24 mee in a o prepay th City on LID 330 in the amount of $12,733 .41. The City feels it would be appropriate to prepay this assessment prior to determining the final bond sale amount thus saving future interest costs and administrative costs. Expenditures to prepay this assessment are included in amounts set aside for annual LID payments each year for LIDS budgeted for completion during the year but not used. 3 . EXHIBITS: 4 . RECOMMENDED BY: Finance Departmf�& IBC and Operations Committee ' (Committee, Staff, Examiner,/Commission, etc. ) 5. UNBUDGETED FISCAL/PE 0 IMPACT: NO YES X FISCAL/PERSONNEL NOTE: Re ommended '9f ', Not Recommended VT' 6. EXPENDITURE REQUIRED: 2 , 733 .41 SOURCE OF FUNDS: Counc lmanic Debt Service Budget 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3J Subject: LID 330 PREPAYMENT Creator: Tony MCCARTHY / KENT70/FN Dated: 08/01/90 at 1309 . 'ACHED IS THE FINANCING SCHEDULE FOR LID 330, 64TH AVE S. STREET IMPROVEMENTS. TIME TOTAL COST OF THIS LID AS IDENTIFIED IN THE FINAL ASSESSMENT ROLL IS $4,869, 549 . 16. THIS PROJECT IS UNDERWAY AND IS ANTICIPATED TO BE COMPLETED THIS FALL. THE SCHEDULE IDENTIFIES AUGUST 7TH AS THE DATE FOR ADOPTION OF THE BOND ORDINANCE AND THE EXECUTION OF A BOND PURCHASE CONTRACT, BUT JULY 24TH IS THE LAST OPERATIONS COMMITTEE MEETING PRIOR TO THAT DATE. ALSO AS THE SCHEDULE NOTES THE PREPAYMENT PERIOD FOR THIS LID ENDS ON JULY 20, 1990 . THE CITY OWNS THREE PARCELS WITHIN THIS LID, THE TWO AT THE SEWERAGE LAGOON TOTAL $815,473 . 63 , THE OTHER AT THE CITY SHOPS TOTALS $12 , 733 . 41. WITH THE BOND ISSUE BEING A 15 YEAR ISSUE, THE NET INTEREST COST IS EXPECTED TO BE IN THE NEIGHBORHOOD OF 7.7 PERCENT. THE LAGOON PARCELS WILL BE FINANCED AT THIS RATE BUT THE IBC RECOMMENDS A CIP BUDGET CHANGE TO PREPAY THE SHOPS PARCEL. DUE TO THE SIZE OF THE PARCEL, IT IS EASIER TO PREPAY VERSUS BOOKKEEP FOR 15 YEARS . I, 4 � Kent City Council Meeting Date Aucrust 7 . 1990 Category Consent Calendar 1. SUBJECT: LAKE FENWICK 2 . SUMMARY STATEMENT: Authorization to expend $260. 00 from King County Bond Issue proceeds to cover recording fees and administrative costs for the purchase of Tax Lots 44 and 215 at Lake Fenwick. 3 . EXHIBITS: Letters from King C.6unty, deed, map 4 . RECOMMENDED BY: Parks Com ittee Parks Department (Committee, StaffZExa finer, Commission, etc. ) 5. UNBUDGETED FISCAL PEL IMPACT: NO X YES FISCAL PERSONNEL NO E: Recommended Not Recommended 6. EXPENDITURE RE U RED: $260 _ SOURCE OF FUNDS- King County Open Space Bond Proceeds 7 . CITY COUNCIL CTION: Councilmemb r moves, Councilmember seconds DISCUSSION/. ACTION• Council Agenda Item No. 3K � J King County Real Property Division Department of Executive Administration 500A King County Administration Building 500 Fourth Avenue Seattle,Washington 98104 (206)296-7470 FAX 296-0196 June 22 , 1990 Alice Neiffer City of Bent Parks Administration 220 4th Ave . So . bent , IqA 98032-5895 RE : County-owned Property at Lake Fenwick Tax Lots 44 & 215 Sec . 27-22-4 Dear Ms . Neiffer : Enclosed for your information is a cope- of the executed Deed for the County ' s conveyance of the above referenced tax title property to the City of Kent . Please forward to this office a uarraiit in the amount of $260 . 00 made payable to "King County Finance . " Upon receipt , we will record the Deed and forward the original recorded Deed to the City at a later date . If you have any questions , please cal. 1 Carol Thompson , Property Management Section , at 296-7498 . Sin rely, Pearl McElheran Interim Manager C'I' Enclosure : Deed COPY D E E D The Grantor, KING COUNTY, a political subdivision of the State of Washington, for and in consideration of the sum of TWO HUNDRED SIXTY AND N0/100 DOLLARS ( $260.00) , pursuant to King County Code 4 .56.140, does hereby grant, sell and convey unto the CITY OF KENT, a municipal corporation of the State of Washington, the following described parcels of land, situate in the County of King, State of Washington: Tax Lot 44, Section 27, Township 22 North, Range 4 East, W.M. - Portion of East 220 ft. of North 660 feet of BE 1/4 of NE 1/4 of Section lying West of a line parallel with and 40 feet West of East shore of Lake Fenwick, LESS Coal & Mineral Rights Tax Lot 215, Section 27, Township 22 North, Range 4 East, W.M. - Undivided 2/10 interest in following: Beginning( at S.W. corner of NE 1/4 of NE 1/4 of Section; thence East to centerline of Lake Fenwick County Road; thence N.08-00-00 E. along said centerline 638 ft. ; thence East I10 ft. to true point of beginning; thence 5.73-14-00 E. 67.24 ft. ; thence 5.16-08-00 E. to point 960 ft. South of North Section line; thence East 20 ft. ; thence Northeasterly to point 370 ft. West of Fast line of Section and East of true point of beginning; thence West to true point of beginning. Dated this 20th day of June 19 90 KING COUNTY, 14ASNINGTON BY L �irec TITLE uiv e Administration STATE OF WASHINGTON ) ss COUNTY OF KING ) I certify that Jesus Sanchez signed this instrument, on oath stated that he was authorized by the King County Execu- tive to execute the instrument, and acknowledged it as the Director, Executive Administration of Eing County, Washington to be the free and voluntary act of said County for the uses and purposes mentioned in the instrument. Dated June 20, 1990 6J2n P C -.a O� %YTJ NOTARY PUBLI in and for the State of Washington, residing at Seattle My appointment expires 9-15-92 Copy SCRLFt I " =800 ' mQ x � :r `` + i Q= UVEFIR FAY f .. LAKE FENWICK PARK PROPERTY �: ••' • ' . ._ /, PROPOSED ACDUISITION AREA t i PROPOSED TRAIL DEVELOPMENT �I � GREEN RIVER CORRIDOR i Ir i i i i r i r r r r r r r i r r r CITY OF KENT L_RKE FENW I CK TRAIL ACQUISITION RND DEVELOPMENT �1 �l Kent City Council Meeting Date August 7 . 1990 VIA Category ConsentCalendar e' l�r) 1. SUBJECT: SPEED LIMIT CHANGE - WVH 6 1B 2 . SUMMARY STATEMENT: Adoption of Ordinance A3 changing the speed limits from 50 to 35 mph on West Valley Highway between S. 180th and 212th during construction. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Public Works Committee Staff (Committee, Staff, E jaminer, Commission, etc5. UNBUDGETED FISCAL PERSEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: R commended Not Recommended 6. EXPENDITURE REQUIRED: $ _ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember mov s, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3L 5 I iORDINANCE NO. _ AN ORDINANCE of the City of Kent, Washington, amending Kent City Code Chapter 10.08.036 relating to streets and speed limits on the West Valley Highway; declaring a emergency warranting the protection of the public health and safety through a temporary reduction of the speed limit on a portion of the highway during its construction and improvement. WHEREAS, the City of Kent and the Washington State Department of Transportation (WSDOT) have previously set the maximum speed limit on the West Valley Highway (68th Avenue South) from the intersection of S. 212th St. to a point 370 north of S. 190th St. to be 50 miles per hour, (Kent City Code [KCC] 10.08.036) ; and I WHEREAS, The City is now engaged in construction and improvement of a portion of the West Valley Highway between South 212th Street north to 190th Street, an area covered by the above speed limit; and WHEREAS, as a result of the construction, conditions have been created on the roadway warranting a reduction in the speed limit from 50 miles per hour to 35 miles per hour for safe and reasonable vehicular operation; and WHEREAS, restoration of the original speed limit is contemplated after the completion of construction and installations of traffic control devices, or in approximately four month's time; and WHEREAS, RCW 47.48.010 authorizes the governing body of a' city to declare a lower maximum speed limit during periods of improvement and construction on city streets; and i WHEREAS, this portion of the West Valley Highway satisfies the definition of a 'city street' as set forth in RCW 47.04.010(6) , as a portion of a highway partly located within the limits of the city of Kent; and WHEREAS, notice of the effective date of the speed reduction on this portion of the West Valley Highway has been published in one issue of a newspaper of general circulation, to comport with the notice provisions of RCW 47.48.020; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Kent City Code Chapter 10.08.036 relating to speed limits on the West Valley Highway is amended as follows: West Valley Highway 1 (68th Avenue South) from point 583.7 feet north of the intersection of Morton Street (S. 238th) to the intersection of S. 212th St. 35 mph at all times West Valley Highway (68th Avenue South) from the intersection of S. 212th St. to a point 370 feet north of S. 190 St. ((56) ) 35 mph at all times Section 2. The improvement and construction by the City on a portion of the West Valley Highway between South 212th street and 190th Street have caused conditions warranting an emergency reduction in the set speed limit from 50 to 35 miles per hour, in order to protect and safeguard the public health and safety. This speed limit reduction shall be in effect for a period of approximately four months from the day a notice is posted informing the public of the speed limit reduction on the affected 2 - i portion of the Highway, or until completion of construction, whichever occurs first. Section 3. The City Traffic Engineer (CTE) is hereby authorized to immediately post a notice of the reduction of the speed limit in a conspicuous place at each end of the affected portion of the West Valley Highway, as contemplated by RCW 47.48.020, and at other locations, as appropriate. The CTE is also authorized to communicate this action to the appropriate office of the WSDOT District One Office, both for coordinative purposes and supporting action by that agency. Section 4. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and confirmed. i Section 5. The provisions of this ordinance are declared' to be separate and severable. The invalidity of any portion of this ordinance shall not affect the remainder, or the validity of its application to other persons and circumstances. Section 6. Effective Date. This emergency ordinance I shall take effect and be in force after such time of its final i passage as provided by law and the CTE has completed the posting as described in Section 3 herein. I I DAN KELLEHER, MAYOR ( ATTEST: I � MARIE JENSEN, CITY CLERK I APPROVED AS TO FORM: BILL H. WILLIAMSON, ACTING CITY ATTORNEY - 3 - ( Kent City Council Meeting Date August 7 . 1990 Category Consent Calendar 1. SUBJECT: KENT EAST CORPORATE PARK REZONEe-Re-"--#- 2 . SUMMARY STATEMENT: Adoption of Ordinance 493✓ approving RZ-90-4 , rezoning a portion of 43 acres from GWC to M-2 for Trammell Crow Co. This was approved by the Council on July 17 , with the condition as recommended by the Hearing Examiner. 3 . EXHIBITS: Ordinance /J 4 . RECOMMENDED BY: Hearinq Examine Council Staff (Committee, Staff, ExYELINPACT: Commission, etc. ) 5. UNBUDGETED FISCAL PERSO NO >/ YES FISCALLPERSONNEL NOTE. ecommended Not Recommended 6. EXPENDITURE REQUIRE $ SOURCE OF FUNDS: 7. CITY COUNCIL A ON: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3M 7� i ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, rezoning certain property located generally south of So. 212th Street east of 84th Avenue South, north of So. 218th St. and abutting the west side of SR 167, consisting of approximately 8.7 acres within the City limits of Kent, from the current zoning of GWC, Gateway Commercial, to M2, Limited Industrial. (RZ-90-4) WHEREAS, on June 6, 1990 the Hearing Examiner held a Public Hearing to consider the rezone of the property described in the attached Exhibit A, incorporated herein by reference and proposed development of Kent East Corporate Park, Application No. RZ-90-4; and WHEREAS, the Applicant, Trammell Crow Company, requested that the property be rezoned from GWC, Gateway Commercial, to M2, Limited Industrial; and WHEREAS, June 10, 1990, the Hearing Examiner recommended approval of the rezone in the Hearing Examiner Findings, ! Conclusions and Recommendation for this rezone (RZ-90-4) ; and WHEREAS, the Public Hearing was duly held on this matter ! on July 17, 1990 at which time the Kent City Council considered the Hearing Examiner's Findings, Conclusions and Recommendations and additional public and Staff Report:; and WHEREAS, the Hearing Examiner has concluded that the ( proposed rezone from GWC to M2 is consistent with the comprehensive plan, and the proposed rezone and development of the site is compatible with development in vicinity of the site, and the proposed rezone will not adversely effect the health, safety and general welfare of the citizens of Kent upon application pursuant to mitigating measures to be imposed during the development and environmental review process; and f ! WHEREAS, the City Council adopted the Hearing Examiner's Findings of Fact and Conclusions of Law regarding the Easthill Corporate Park Rezone No. RZ-90-4; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Findings, Conclusions, and Recommendations of the Hearing Examiner as set forth in the Findings for Easthill Corporate Park No. RZ-90-4 for the City of Kent which is on file with the Kent City Clerk are hereby adopted by reference as if stated verbatim with the condition as contained in Section 2 below. Section 2. The zoning for this site, located generally south of So. 212th St. , east of 84th Ave. So. north of So. 218th St. and abutting the west side of SR 1.67, and consisting of approximately 8.7 acres and as more fully described in Exhibit A attached hereto and incorporated herein by this reference, is hereby changed from the current zoning of GWC, Gateway Commercial, to M2, Limited Industrial, subject to the following conditions: 1. Applicant, Trammell Crow Company, shall demonstrate a clear agency relationship to the owners of the property affected by this rezone pursuant to Kent City Zoning Code 15.09.050(A.1.C.) 2. Applicant, Trammel Crow Company, shall satisfy those conditions and mitigation measures as contained in a final Mitigated Determination of Non-Significance (ENV-90-27) issued on March 29, 1990, which are as follows: A. Execute a no protest LID covenant for the future. widening and improvement of So. 218th St. to industrial access road standards (36 feet from curb to curb, curb and gutter, i sidewalks, street lighting, storm drainage facilities, underground; utilities and related appurtenances) . - 2 - i I i B. Deed the necessary property to the City to provide a half street right-of-way with the 50 feet for the entire'( property frontage of 84th Ave. So. (this shall provide adequate right-of-way for the extension of the northbound acceleration/deceleration/right turn lane at 84th Ave. So. and So. 218th St. C. Deed the northerly 13.5 feet of all property paralleling and abutting So. 212th St. to provide for the widening of the street to City standards as noted in Condition 1 above. D. Deed the necessary property to provide a ( right-of-way radius of 55 feet at the intersection of S. 218th St. (land 84th Ave. So. E. Deed the property necessary to provide a 50 food ; right-of-way radius for a cul-de-sac turnaround at the easterly ( terminus of So. 218th St. (adjacent to SR 167) . F. The owner/developer shall provide an as-built byl ilWashington License Land Surveyor locating the King County Drainage District No. 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 i' on each side of the creek. i G. Abandon and cap, in accordance with Washington IiState Department of Ecology (DOE) requirements, the existing wateri well serving the property including releasing the water rights thereto back to DOE. H. Such other conditions as may be necessary as then (', extend of traffic impacts become more clearly known. I - 3 i I� Section 3. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and confirmed. 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. DAN KELLEHER, MAYOR ATTEST: MARIE JENSEN, CITY CLERK I APPROVED AS TO FORM: BILL H. WILLIAMSON, ACTING CITY ATTORNEY II PASSED the day of 1990• APPROVED the day of 1990. i 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. (SEAL) MARIE JENSEN, CITY CLERK 8710-300 4 - / ,- Kent City Council Meeting Date August 7 , 1990 Category Consent Calendar 1. SUBJECT: ENHANCED PENALTIES FOR DRUG ACTIVITIES 2 . �&IIPARY-STA P: As ap roved b the Public Safet Committee ot�June 1990 doption of Resolution inc dl inu g a map of school boundaries and bus routes. he map will allow implementation of enhanced penalties for unlawful drug activities in those areas. 3 . EXHIBITS: Resolution 4 . RECOMMENDED BY: Pub is Safety Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended i 6. EXPENDITURE RE UIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL/ACTION: Councilmember moves, Councilmember seconds i DISCUSSION: ] I ACTION• Council Agenda Item No. 3N RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, approving a map as the official record of the location and boundaries of schools and school bus route stops, as well as areas within 1,000 feet of school bus route stops and the perimeter of school grounds in order to implement enhanced penalties for unlawful drug activities in those areas. WHEREAS, the Kent City Council acknowledges that the Washington State Legislature has authorized increased penalties for manufacturing, selling, delivering or possessing with the intent to manufacture, deliver or sell controlled substances in a school or on a school bus or within 1,000 feet of school bus stops or the perimeter of school grounds under RCW 69.50.435; and WHEREAS, in order to implement such increased penalties, it is necessary for the City to adopt a resolution approving a map as the official record of the location and boundaries of schools and school bus route stops, as well as the areas with 1,000 feet of the perimeter of all schools and school bus stop routes in the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Attached Exhibit A is hereby approved as the official map of the location and boundaries of schools and school bus route stops as defined in RCW 69.50.435, as well as the areas within 1,000 feet of such school bus route stops and the perimeter of school grounds. Section 2. A copy of this resolution and the map attached as Exhibit A shall be filed with the City Clerk and maintained as an official record of the City of Kent as required by RCW 69.50.435(e) . Section 3. A copy of this resolution and map attached as Exhibit A shall be forwarded to the King County Council, who is encouraged to take all steps necessary to direct that all violations of RCW 69.50.435 be prosecuted to the fullest extent by the King County Prosecuting Attorney's Office. 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 8440-300 2 - 1' I 1 Kent City Council Meeting 'r Date August 7 , 1990 Category Other Business 1. SUBJECT: SALARY SURVEY 2 . SUMMARY STATEMENT: The Personnel Department is providing salary survey results, identification of fiscal impact and recommendations for the implementation of the salary survey conducted by Bill Ewing and Associates. 3 . EXHIBITS: Department memo, Exhibit C, Exhibit D, Survey letter 4 . RECOMMENDED BY: Operations Committee and Informal Personnel Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REOUIRED: $91, 178 _ SOURCE OF FUNDS: General Fund 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 4A MEMORANDUM DATE: August 7, 1990 TO: Mayor and City Council Members FROM: Don E. Olson, Jr. , Personnel Director SUBJECT: Salary Survey --------------------------------------------------------------- The City of Kent conducted a salary survey in conjunction with Bill Ewing and Associates to review compensation levels with other local municipalities within a 40 mile radius. The compensation element of this study was conducted through a "market pricing" methodology. The first step in the salary process was the selection of benchmark classifications (Exhibit C) which met the following criteria: 1. The Classification was a good representative of an occupational group, family or profession; 2 . The Classification could be expected to be found in other organizations with about the same duties and responsibilities; 3 . The selected classifications as a whole must represent the entire array of classifications from highest to lowest within the City of Kent. Bill Ewing and Associates requested a copy of the most current class specification for the classifications surveyed. Where possible, the consultant was careful to compare the participants classifications with those currently utilized by the City to assure proper matching of classification content. The consultant also requested information from each participant on the minimum and maximum for the salary range relating to the benchmark classification. In all cases, our analysis focused on the midpoint of the salary range to which the benchmark classification was allocated. This practice is consistent with survey standards for public sector organizations. Since the salary practices of organizations surveyed tended to vary considerably, we elected to utilize the "MEDIAN" as the measure of central tendency. The final results of the survey showed the City of Kent is competitive in most areas of our compensation program with the exception in the following areas: Engineering Division 10 Professional Positions Code Enforcement Division 8 Professional Positions Legal Department 3 Assistant Attorney Positions Planning Department 8 Professional Positions Parks Department 9 Professional Positions The fiscal impact of implementing the salary survey with benefits for budget year 1991 is $91, 178 . With respect to the implementation of a program such as this, we believe it is important to consider the impact of salary range changes both on the City's financial resources and the well-being of employees. In order to ease the burden on both, we suggest the following alternatives: 1. Implementation of the salary survey September 1, 1990, fiscal impact $29, 224 . 2 . Implementation of the salary survey budget year 1991, fiscal impact $91, 178 . 3 . Implementation of the salary survey over a two year span on a percentage basis. CITY OF KENT SELECTED BENCHMARK CLASSIFICATIONS EXHIBIT C Accountant Systems Analyst Accounting Services Assistant II Transportation Engineer Accounting Technician Vehicle and Equipment Mechanic II Administrative Assistant II Water/Environmental Quality Engineer Administrative Secretary I Word Processing Specialist I Adult Day Care Coordinator Assistant Building Official Assistant City Attorney II Assistant Fire Chief Budget Analyst City Engineer Computer Operator Custodian I Deputy City Clerk/Records Manager Engineer I Engineering Supervisor Engineering Technician II Financial Services Manager Fire Apparatus Mechanic Irrigation and Plumbing Technician Lead Building Maintenance Worker Legal Secretary II Maintenance Superintendent - Utilities Maintenance Supervisor Maintenance Worker 11 Microcomputer Technician Office Technician II Park Security Permit Specialist I Personnel Analyst Planner Planning Manager Police Captain Police Records Manager Printing Technician Programmer/Analyst I Public Education Specialist Public Information Officer Purchasing and Warehouse Technician Recreation Program Supervisor Recreation Superintendent Survey Party Chief C-1 June 6, 1990 Business Address Address Attn: Personnel Director To Whom It May Concern: Ewing and Company is conducting a salary survey in conjunction with the City of Kent, Personnel Department, for all levels and units of our employees. Our survey includes comparable city governments within about a 40-mile radius of Kent. In order for the survey to be of maximum benefit to the City, we would appreciate your participation in this process. Enclosed you will. find: 1. A description of the classifications we are surveying -it is vital that you respond only with information on comparable classifications to assure the accuracy of the survey data. The descriptions and information on reporting relationships are included to aid in determining comparability. 2 . The Survey Form - please complete this form as fully and accurately as you can. Be certain to include the position to which each of your classifications reports. When returning this information to us, please be certain to enclose: 1. A complete set of your most current salary schedules for all levels of employees and bargaining units. Please be sure to identify which are your normal steps and where any longevity or seniority steps begin. 2 . Class specification for each comparable classification. We utilize these to verify that the proper comparison has been determined. June 6, 1990 City of Kent Salary Survey 3 . Please make ever, attempt to send us Your material by June 22 , 1989 . This time line is extremely important to the timely completion of this project and the meeting of critical deadlines. Thank you very much for your cooperation. We too have received requests such as this and can relate to the potential pressures this may put on you, so we want to thank you in advance for completing this paperwork. Please contact Becky Fowler at 859- 3356 if you have any questions. We will be pleased to send you a copy of the survey once completed, if requested. Sincerely, Don E. Olson, Jr. Personnel Director i i Kent City Council Meeting i Date August 7, 1990 Category Other Business 1. SUBJECT: HEMLOCK ACRES NO. 17 FINAL PLAT 2 . SUMMARY STATEMENT: This meeting will consider the final plat map for the Hemlock Acres No. 17 final plat No. SU-88-3 . The property is approximately 4 . 15 acres in size and is located on the north side of 240th St. , approximately 500 feet west of 116th Ave. SE. 'r--h e re,, vn1 e,ce n o C&vA WL `o rn e- aNd ►'evxte V o -tED -for t-t� Ci Pf0�/Q �evV1 (0CK I�-cres �O l-7 ` at �jo. Su —Xff-3 • 1Y'1 -4 n �i Pnj j-41e rno -h' on Cap-r 'ed . 3 . EXHIBITS: Staff memo and map 4 . RECOMMENDED BY: Staff approval (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 4B carr OF Wtttd KENT PLANNING DEPARTMENT August 1, 1990 TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: HEMLOCK ACRES NO. 17 FINAL PLAT NO. SU-88-3 On February 7, 1990 the City Council approved Hemlock Acres No. 17 Preliminary Subdivision No. SU-88-3 , a 17-lot single family residential subdivision. The site is located at the north side of SE 240th Street approximately 300 feet west of 116th Avenue SE. A number of conditions were part of the Council ' s approval. The applicant has now complied with these conditions as listed below: A. Prior to recordation of plat: 1. The final plat linen shall bear a notation stating that all residential structures proposed to be built on the subject lots must conform to the solar access setback regulations of the Kent Zoning Code. B. Prior to the issuance of a development permit on any lot the following must be constructed: 1. Deed to the City the southerly 7 . 5 feet of the subject property as public right of way for the widening of SE 240th Street. 2 . Grant to the City an additional eight foot easement paralleling the new south property line for utility and slope purposes. 3 . Obtain City approval of detailed engineering drawings for the following improvements and either construct and/or bond for same: a. Fully develop 114th Place SE as shown on the preliminary plat with a minimum pavement width of 28 feet (as measured from the curb face) , curb and gutter, sidewalks, street lighting, street signs, storm drainage facilities, underground utilities, and related appurtenances. The improved radius to face of curb of the proposed cul-de-sac shall be Mayor Dan Kelleher and City Council Members August 1, 1990 Page 2 RE: Hemlock Acres No. 17 Final Plat JSU-88-3 45 feet, and the improved radius of the curb return at the junction with SE 240th Street shall be 35 feet. b. Provide on-site detention in accordance with City Drainage Code. Provide storm drainage facilities adequately sized to convey peak storm flows for a 25-year six-hour design storm. C. Extend City water to provide adequate domestic and fire flow for all lots. A minimum six-inch main size is required. d. Extend gravity sanitary sewers to service all lots. Provide easements to service adjacent properties if determined necessary by the City. MP:JPH:mp N 89'44'30" W 306.87' 9-6.5-0' f -12-05.00'2CN ry ry` 8- 5.3 7' LOT 8 8,753 sq. ft. LOT 1010,573 sq. ft. c 11,511 sq. ft. Eo- ui mi h5 k Z LT 7 o7.667 sq. ft. LOT 11 o O mo'8.097 qft,026 j N 1' pIn ? o s . .n o O z O 'p2"' " E 071' n 113.74 LOT 12Q '� 8,904 sq, ft. Lnrorn^= 7,696 sq. ft. N O W U m m O m N 89'S9'S9" W o 25 25 N 89'59'59" W o o A q N 120.41' 136.71' m 0 LJ n Z A LOT 5 o LOT 13 ni 8,961 sq. ft. n 9,467 sq. ft. 00_ 1�0 I �j Q o N N 76'06'09- W V v N 83'30'33' W Q �.. m w 119C�f .30' n 138.29' z z' ^ ! n LOT 4 co m (n Z Z to N 7,954 sq. ft. U / EASEMENT LOT 14 a LLJ N W Q 1Q150 sq. ft. o f N 7572's1 W u S N 73.0'3 o f U 0 j z - r08.0j' 0' / ls$g7• W Q n o } Z' o to n LOT 15 W~ ~ D 0 1 7,636 s LOT 3 ft. n 11,723 sq. ft. A ' Q Q; 0 q No a o W U = O Q m N 89'59'59" W S 89'45'00" E N 89'48'02" W w z 97.00' 1 s7.23' z 75.00' W Y a Z o CD 0 _ I LOT 2 0 0 0 LOT 16 I 7,760 s ft. 0 Lil o w 8,249 sq. ft. -,l I o q' o °; W o N 89'59'59" W -J M N 89'59'59' W (n cVn j 97.00' N 97.20' co LOT 1 m z 0 m m 0 ol 8.126' sq. ft. `t' p LOT 17 f" o t o n o 0 8,193 sq. ft. �" t o 5' unuTY o o I ESAfT c. 25 25 15' UTILITY �ESWT 71.91' 72.26' I. b 244.17 T-- o -- N SOUTH LINE SE 1 4, / SE �, SEC. 20 760.33' N 89'48'02' W 516.32' 2 SE 240TH ST .C.17 S.E.CORNER SEC. 17 MONUMENT IN CASE 2/10/89 LEGEND -� SET CONCRETE MONUMENT IN CASE I July 19, 1990 NOTICE OF PUBLIC MEETING The Kent City Council will be considering the Hemlock Ares No. 17 Final Plat #SU-88-3 at the regularly scheduled public meeting on Tuesday, August 7 , 1990 at 7 : 00 p.m. in the Kent City Hall, Council Chambers. On February 7, 1989, the Council approved the preliminary plat with conditions as recommended by the Hearing Examiner. �-e�� Marie Jensen, CMC City Clerk The Hearing Examiner Findings and Recommendation and the minutes of the meeting are available in Kent Planning Department for perusal. The following parties of record were mailed this notice on o 0 94U DIPANGRA IO ANTHONY 23607 HWY 99 #1C EDMONDS WA 98020 SOUND SURVEYING INC 22727 HWY 99 #110 EDMONDS WA 98020 LEBER JEANNE M/DIANE 11518 SE 240TH KENT WA 98031 PLOEGMAN PETER 23637 116TH AVENUE SE KENT WA 980331 SCARSELLA EMIL 11330 SE 240TH KENT WA 98032 DIPANGRAZIO TONY 16729 NORTH RD BOTHELL WA 98012 STOREY SALLEY 13610 SE 288TH KENT WA 98031 r �\7 Kent City Council Meeting Date August 7. 1990 Category Other Business 1. SUBJECT: WILLIS STREET RESTAURANT AND MOTEL REZONE -96-3a 2 . SUMMARY STATEMENT: This meeting will consider the Hearing Examiner's recommendation of conditional approval as of a request by John Anderson and Associates, PS, Incorporated to rezone a 2 .9 acre site from M2 , limited industrial, to M1C, industrial park commercial suffix. The property is located on the southeast corner of Vest Willis St. and 74th Ave. So. Related to Public Hearing Item 2B. 3 . EXHIBITS: Request for reconsideration letter, dated June 13 , 1990; the Hearing Examiner's letter dated June 27, 1990; Harris' letter dated June 14 , 1990; findings and recommendations; Hearing Examiner's minutes and staff report; Exhibit 2 (1 Healey) 4 . RECOMMENDED BY: Hearing Examiner. May 13 1990 (Committee, Staff, Examiner, Commission, etc. ) Approval with five (5) conditions. 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 seconds To aecept/reject/modify the findings of the Hearing Examiner, to approve/disapprove/modify the Hearing Examiner's recommendation by approval of Willis restaurant and motel rezone No. RZ-90-3 with five (5) conditions and to direct the City Attorney to prepare the necessary ordinance. DISCUSSION:_ ACTION• r , � t Council Agenda Item No. 4C Cop RECEIVED LAW OFFICE5 Of T'er¢uson J!li,i 1. •_ �,. K OOLL CENTER BELLEVUF 500 - IOE"' AVENUE N.E., #2100 Kent. CM,/ Atiorney BELLEVUE, wASHINOTON 96004 ^- 1 ,,... NAOINE M. ZACKRISSON, AICP TELEX: 32-0382 FAX:(206) 454'S719 (216)453 1711 June 13 , 1990 Mr. Theodore Paul Hunter Hearing Examiner City of Kent 220 - Fourth Avenue South Kent, WA 98032 Re: Request for Reconsideration Willis Street Restaurant and Motel RZ-90-3 Dear Mr. Hunter: On behalf of the applicants in the above-referenced rezone, I an submitting this request for reconsideration pursuant to the Hearing Examiner ordinances and procedures for - the purpose of modification of a condition. The applicants concur with the recommendation and conditions of the Examiner' s report issued May 31, 1990 , with two exceptions concerning Conditions 4 and 5. The request is to add provisions to Conditions 4 and 5 which grant to the City some discretion in the approval of final design and implementation of the project. The bases for reconsideration are a) specific errors of fact, law, or judgment, or b) new evidence which was not available at the time of hearing. A change in position by the Planning Department reasonably constitutes new evidence and therefore :supports a request for reconsideration. 1 . Condition 4 requires: A landscape strip of at least 10 feet in depth along with a berm of at least three feet in height shall be provided along the eastern perimeter of the site to help establish a visual and aural buffer between users of the site and users of the adjacent Interurban SEATTLE BELLEVUE ANCHORAGE 0e50146 Mr. Theodore Paul Hunter June 12 , 1990 Page 2 trail. This condition is intended to provide a' buffer between those using the site and the users of the Interurban Trail, and to provide visual buffers around the perimeter of the site. (Conclusion #51 p. 4 , Hearing Examiner report 5/31/90) The Planning Department has indicated that they have reviewed this condition and have determined that greater design flexibility would provide opportunity for design solutions which may serve to both protect the trail and improve on-site development. Therefore, staff has suggested that the condition be modified to include language granting the discretion to consider alternative plans within the intent of the condition as written. In addition, the site does not abut the Interurban Trail directly. There is a distance of 37 ' between the eastern perimeter of the site and the nearest point of the trail. A drainage Swale is located between the site perimeter and the trail . Given the generalized nature of the site plan that is part of the consideration of an M1-C district, the need to modify the plan in response to the conditions of the rezone, and the usual and customary alterations which occur during the preparation of final construction plans , it is reasonable to grant the Planning Department some degree of flexibility in the approval of alternative design solutions. Therefore, we request that Condition No. 4 be amended to read: A landscape strip of at least 10 feet in depth along with a berm of at least three feet in height, or a design alternative acceptable to the Planning Department shall be provided along the eastern perimeter of the site to help establish a visual and aural buffer between users of the site and users of the adjacent Interurban Trail . 2 . Condition 5 provides that : The drainage channel, and the associated vegetation and wetland areas, shall be left in its existing state and shall not be disturbed. The applicant has proposed revisions to the site plan affecting the drainage ditch. This revision would allow two small areas of fill on the north side of the drainage ditch, with a compensating 065AO146 Mr. Theodore Paul Hunter June 12 , 1990 Page 3 increase in the amount of water area provided in the southeast corner of the site. (See attached site plan) . A minor modification such as this provides for the retention of the parking on the north side of the drainage ditch while still providing the 10-foot buffer. This revised site plan preserves the majority of the vegetation including all the mature trees on both banks . If the vegetation and trees are preserved, the other functions can be restored. The design includes replanting emergent vegetation for biofiltration as well as shrubs for bank stabilization and habitat in regraded and disturbed areas . One of the principal concerns expressed by Planning Department Staff at the hearing was the fact that the ditch in addition to its intended function as part of the Valley drainage system, also now provides habitat for local wildlife. Any modification of the drainage ditch must be reviewed and approved by both Public Works and the Planning Department who can therefore ensure that habitat functions will be considered. Both Public Works and the Planning Department have re- evaluated the project and proposed modification and concur with the request to modify the language of Condition 5 . This requested change is consistent with the mitigation conditions attached to the Determination of Nonsignificance issued January 23 , 1990 . We request that Condition No. 5 be amended to read: The drainage channel, and the associated vegetation and wetland areas, shall be left in its existing state and shall not be disturbed, unless modifications are approved and supervised by the Planning_ Department and Public Works . Very truly yours , FERGUSON & BURDELL By: Nadine M. Zackrisson NMZ : rlm CITY OF dF7QrIlC1[A June 14 , 1990 Mr. Ted Hunter Kent Hearing Examiner 220 Fourth Avenue South Kent, WA 98032 RE: REQUEST FOR RECONSIDERATION FOR WILLIS STREET RESTAURANT AND MOTEL #RZ-90-3 Dear Mr. Hunter: I have reviewed the request for reconsideration of the above- referenced case. In a conversation with Nadine Zackrisson, I agreed that the requested change to condition no. 5 is workable and is thus supported by me. Sincerely, /�73h Jame P. Harris ning Director JPH: ca 220 4th AVE.SO., /KENT,WASHINGTON 98032-5895/TELEPHONE (206)859.3300/FAX#859-3334 MY Wwktnk FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE HEARING EXAMINER FOR THE CITY OF KENT FILE NO: WILLIS STREET RESTAURANT AND MOTEL #RZ-90-3 APPLICANT: John Anderson and Associates PS, Inc. REQUEST: A request to rezone a 2 . 9 acre site from M2, Limited Industrial, to Ml-C, Industrial Park-Commercial Suffix. LOCATION: The subject property is located on the southeast corner of West Willis Street and 74th Avenue S. APPLICATION FILED: 3/21/90 DEC. OF NONSIGNIFICANCE ISSUED: 2/1/90 MEETING DATE: 5/16/90 RECOMMENDATION ISSUED: 5/30/90 RECOMMENDATION: APPROVED with conditions STAFF REPRESENTATIVE: Kathy McClung, Planning Department Mary Duty, Planning Department Gary Gill , Public Works Department PUBLIC TESTIMONY: Ronald R. Healey, representing applicant 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 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 desires to rezone 2 . 9 acres from M2 , Limited Industrial, to MI-C, Industrial Park-Commercial Suffix. The 1 Findings and Recommendation Willis Street Restaurant and Motel #RZ-90-3 subject property is located at the southeast corner of West Willis Street and 74th Avenue South. The applicant intends to construct a 6, 300 square foot restaurant and 132 unit motel on the site. 2 . The subject property is designated as "Industrial, with a C- suffix" on the City-wide Comprehensive Plan Map. The C-suffix indicates a potential for certain commercial uses. The Valley Floor Plan Map designates the subject property as "Industrial Business Park" , with a C-suffix overlay. This designation was approved as a Plan amendment by the Planning Commission in November of 1989 in order to facilitate development of the project associated with this request for a rezone. 3 . The subject property is currently undeveloped. Surrounding property developments include a proposed office building to the west in an M2 zone, the Foster Industrial Plat (Kent Center) to the south, Willis Steet to the north and a railroad right- of-way to the east. The office building and industrial park are recent developments that have and will substantially change the area surrounding the proposed rezone site as well as the site itself through increased human activity. 4 . A drainage channel exists on the site. This drainage channel has taken on the appearance of a natural wetland and, in fact, was identified as such by the applicant' s consultant. 5 . Without landscaping, any devlopment on the subject property would be clearly visible from the Interurban Trail, SR 167 , Willis Street and 74th Avenue South. 6. The development associated with the proposed rezone will add an estimated 1 , 661 daily and 110 peak hour trips to the area. The intersections in the area (at Willis Street and at S. Central Ave. ) are at level F and will remain at level F even with the traffic increases. Conditions to mitigate any adverse impacts associated with traffic were applied at the time the State Environmental Policy Act review and issuance of a Mitigated Declaration of Nonsignificance. 7 . No one submitted evidence in opposition to the proposed rezone. 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 2 Findings and Recommendation Willis Street Restaurant and Motel #RZ-90-3 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. In addition, Section 15. 09. 050 requires the Hearing Examiner to consider two additional criteria when evaluating a request for an M1-C rezone: f. The proposed rezone is in close proximity or contiguous to major arterial intersections identified on the Comprehensive Plan Map as being appropriate locations for commercial land type uses. g. Rezoning to M1-C shall not be speculative in nature but shall be based on generalized development plans and uses. Conclusions 1. The proposed rezone is consistent with the Valley Floor Comprehensive Plan. The Plan designates the site as "Indusrial Park, with C-suffix" . The M2 zoning designation is consistent with that Comprehensive Plan designation. 2 . The subsequent development of the site associated with the proposed rezone would be compatible with other buildings in the vicinity if certain conditions are applied to approval of the rezone. The vicinity is becoming a commecial hub with a need for services such as deli marts, bakeries, auto repair, and office supply stores. The restaurant and hotel will fit into the commercial activities developing on surrounding properties if buffer zones are provided and pedestrian circulation systems are developed. 3 . The traffic impacts associated with the project that may be constructed if rezone approval is accomplished can be mitigated through conditions already placed on the issuance of the Declaration of Nonsignificance. Those mitigation measures 3 Findings and Recommendation Willis Street Restaurant and Motel #RZ-90-3 include traffic studies to determine impacts, driveway access restrictions, traffic signal participation agreements, cement sidewalks, and implementation of traffic improvements identified in the traffic study. 4 . Circumstances have changed since the last zoning of the subject property. A 1986 study by the City on the West Valley Industrial sites found that major intersections along the West Valley Highway should be marked as possible locations for commercial and service uses. The area was only recently designated as IBP, C-suffix on the Valley Floor Plan Map. Commercial development exists or is proposed around the subject property to the west, south and north. 5. If appropriate conditions are applied, the proposed rezone will not adversely affect the health, safety and general welfare of the citizens of Kent. Conditions beyond those applied during SEPA review are necessary to protect existing drainage areas, provide a buffer between those using the site and the users of the Interurban Trail, and to provide visual buffers around the perimeter of the site. 6. The proposed rezone is close to the intersection of West Valley Highway and Willis Street which is identified as a location for appropriate commercial land use in the Vally Floor Plan. 7 . The proposed rezone is associated with a proposal for development of the property into a motel and restaurant. Development plans have been prepared and are part of the application for the rezone. The rezone is not speculative in nature in that development plans have been made known during the rezone process. DECISION It is recommended that the application for a rezone of the 2 .9 acre site from M2 , Limited Industrial, to M1-C, Industrial Park-Commercial Suffix, be APPROVED subject to the following conditions: 1. For those peak hour trips generated from development of the property under this rezone which are in excess of those peak hour trips which would have been generated from development of the property under its present zoning, the Developers financial contribution to the 272nd/277th corridor project as a means of providing partial mitigation of the traffic impact of the development shall be calculated at 100 percent of the estimated trip cost. 4 Findings and Recommendation Willis Street Restaurant and Motel #RZ-90-3 2 . An integrated pedestrian circulation system shall be constructed to provide access to 74th Street, Willis Street, and the development- to the south. 3 . Landscaping along the western and northern perimeters shall be at least 20 feet in depth and at least 15 feet in depth along the southern perimeter. 4 . A landscape strip of at least 10 feet in depth along with a berm of at least three feet in height shall be provided along the eastern perimeter of the site to help establish a visual and aural buffer between users of the site and users of the adjacent Interurban Trail . 5. The drainage channel, and the associated vegetation and wetland areas, shall be left in its existing state and shall not be disturbed. Dated this 31st day of May, 1990 P� THE DORE 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. 5 City of Kent - Planning Department SRM ST Q w > cc cc J N = O W Z m Z = SMITH 5T SMITH ST ZT HG7RR[SON ST ST O MEEKER T > GOWE ST Z aaa w 0 ST a > CROW Ln tw _ ¢ a w > = w m Q N S 259Tt APPLICATION NAME: Willis Street Restaurant and Motel NUMBER: RZ-90-3 DATE: May 16, 1990 REQUEST: Rezone from M-2, Limited Industrial to M-1C, Industrial Park Commercial Suffix LEGEND Application site VICINITY MAP Zoning boundary City limits —` I • • rf gin t� • min 0 FBI I main.OEM [ �i 0't• TWA 1 za_ t � w .� via i \ 11112111 ` •• • City of Kent - Planning Department OT '1111 iTM1► ii T _) r 111 .�,�JLI.-I I �lr ,l �JI f �1 I Y, 1 APPLICATION NAME: Willis Street Restaurant and Motel NUMBER: RZ-90-3 DATE: May 16, 1990 REQUEST: Rezone from M-2, Limited Industrial to M-1C, Industrial Park Commercial Suffix LEGEND Application site SITE PLAN Zoning boundary City limits PLEASE NOTE: These minutes are prepared only for the convenience of those interested in the proceedings of the Land Use Hearing Examiner. These minutes are not part of the official record of decision and are not viewed, referred to, or relied-upon by the Hearing Examiner in reaching a decision. These minutes also are not part of the record of review in the event a decision of the Hearing Examiner is appealed. Copies of the tape recordings of the Hearing Examiner proceedings, or a complete written transcript of these recordings, are available at a charge from the City of Kent. Please contact Chris Holden at the Kent Planning Department (859-3390) if you are interested in obtaining an official transcript. aTYCFWtZd HEARING EXAMINER MINUTES May 16, 1990 The public hearing of the Kent Hearing Examiner was called to order by the presiding officer, Ted Hunter, Hearing Examiner, on Wednesday, May 16, 1990 at 7 : 00 p.m. in the Kent City Hall, Council Chambers. Staff reports and agendas were available by the door. Mr. Hunter briefly described the sequence and procedure of the hearing. Each person presenting testimony was sworn in by Mr. Hunter prior to giving testimony. WILLIS STREET RESTAURANT AND MOTEL Rezone #RZ-90-3 Mary Duty, Kent Planning Department, presented the staff report. Ms. Duty showed view foils depicting 1) location of the site, 2) zoning of the site and zoning of the surrounding area, and 3) site plan. Ms. Duty gave a brief history of the surrounding area. Ms. Duty discussed the circulation element of the Comprehensive Plan. Ms. Duty pointed out on the map the location of the interurban trail in relation to the project site. Ms. Duty mentioned the applicant is proposing parking along the interurban trail. However, staff is recommending a ten foot landscaped area and berm between the site and the trail . A video of the site was shown. 1 Hearing Examiner Minutes May 16, 1990 Ms. Duty continued discussion of the Comprehensive Plan. Ms. Duty discussed the criteria that are reviewed when considering a rezone request. Ms. Duty stated the City staff is recommending approval with conditions. Ms. Duty stated Condition 5 delineated the preservation of the wetlands on the site. Mr. Hunter asked if the applicant would like to testify. Ron Healey, John Anderson & Associates, submitted to the record (Exhibit 2) copies of the maps and narrative material. Mr. Healey stated sheet #2 clarified the location of the interurban trail. Mr. Healey objected to the condition for more restrictive landscaping and a berm for the area next to the interurban trail and between the subject property and the single-family residences. Mr. Healey commented the single-family residences are approximately 200 feet from the Puget Power right of way. Further, the railroad tracks are raised so the subject site is not visible from the residences. Mr. Healey felt that people using the trail would not object to the parking lot being located near the trail. Mr. Healey commented sheet #5 showed the location of the drainage ditch. Mr. Healey stated permission was asked to move a portion of the ditch to the south. Mr. Healey commented that in the preliminary plans submitted to the City the ditch was proposed to be enclosed and tightlined across the property. At that time, City staff felt there would not be a problem since the ditch was tightlined coming to the property as well as tightlined on leaving the property. However, as a condition of SEPA the ditch was to be retained but could be moved with approval from the Public Works Department. Mr. Healey commented the ditch was not a natural drainage way but a manmade ditch. Mr. Healey reviewed the rest of the submitted material. Mr. Hunter asked for rebuttal comments. Ms. Duty commented the railroad lines are to the east of the trail and the subject property can be seen from the trail. The request for landscaping is mainly to protect the trail from the impact of this development. Mr. Hunter asked if the City staff would recommend approval without the requested conditions. Ms. Duty stated approval would not be recommended. Gary Gill, Public Works Department, talked about the drainage ditch. Mr. Gill stated the drainage course has been there for some time and is now an established wetland. Mr. Gill stated that when 2 Hearing Examiner Minutes May 16, 1990 the drainage work is constructed for the residential area, care will be taken that the drainage ditch will not be impacted. Kathy McClung, Planning Department, commented the modulation requested is just to make sure the applicant will provide as much modulation as possible since there was a difference between the preliminary site plan and the site plan submitted with the application. Mr. Healey stated the original plan was made prior to meeting with the City staff. The site plan submitted with the application is similar to the original plan; however, the modulation is actually greater. There was no further testimony. The public hearing was closed at 8 : 10 pm. PARK PLACE RETIREMENT Conditional Use Permit Shoreline Substantial Development Permit #CE-90-6/#SMA-90-4 Kevin O'Neill, Planning Department, presented the staff report. Mr. O'Neill showed some view foils depicting: 1) the location of the project, 2) zoning of the property and surrounding zoning and 3) site plan submitted by the applicant. Mr. O'Neill reviewed the criteria that must be considered when assessing a conditional use permit application. A video of the site was shown. Mr. O'Neill discussed the shoreline management application. Mr. O'Neill showed the fire lanes proposed by the Fire Department and referenced condition #6 of the staff report. Mr. O'Neill commented on the parking requirements for the project as well as the public parking required by the City' s shoreline master plan. Mr. O'Neill stated a five-hole linear golf course is proposed along the Green River. The City is recommending approval with conditions. Mr. Hunter asked if the applicant would like to comment. Ed Linardic, Architect, discussed the project. Mr. Linardic mentioned some of the amenities that are being proposed. Mr. Linardic showed some colored renderings of the site and the location of the proposed golf course. Mr. Linardic agreed with the City's recommendation of approval with conditions. 3 Hearing Examiner Minutes May 16, 1990 John Stipeck, owner of the property, gave a brief history of the project. Mr. Stipeck discussed the golf course; it' s about 700 linear feet. Mr. sti eck stated the project will be heavily landscaped. Mr. Stipeck concurred with the City' s recommendation of approval with conditions. Mr. Hunter asked if there were any other comments. Richard Olson supported the project. Mr. Hunter asked for rebuttal comments. Kathy McClung, Planning Department, asked if the golf course can be located out of the 50 foothad concerns about the use ot. Ms. McClung commented fertilizers the Department of Ecology on the golf course and the effect on the shoreline area. Mr. Stipeck stated the golf course is very small, more like a putting green. Mr. Stipeck commented just a small portion of the golf course is in the shoreline area and that could be moved. Mr. stipeck stated the soil is very fertile and there shouldn't be a need for a lot of fertilizers. Ms. McClung stated that if the golf course was out of the easement, the Planning Department would have no objections. There was no public testimony. The hearing was closed at 9 : 00 Pm- 4 KENT PLANNING AGENCY STAFF REPORT FOR HEARING EXAMINER MEETING OF MAY 16, 1990 FILE NO: WILLIS STREET RESTAURANT & MOTEL, #RZ-90-3 APPLICANT: John Anderson and Associates PS, Inc. REQUEST: A request to rezone a 2 .9 acre site located at the southeast corner of West Willis Street and 74th Avenue South, from M2 , Limited Industrial, to Mi-C, Industrial Park-Commercial Suffix. STAFF REPRESENTATIVE: Mary Duty, Planner STAFF RECOMMENDATION: APPROVAL with conditions I . GENERAL INFORMATION A. Description of the Proposal The proposal is to successfully rezone a 2 .9 acre site from M2 to Ml-C suffix. This proposal included a request to amend the Valley Floor Land Use Plan Map and change the IP, Industrial Park, designation to IBP, Industrial Business Park and establish a C-suffix (commercial) node. The Planning Commission approved this amendment on November 27 , 1989 . B. Location The subject property is located on the southeast corr}er of West Willis Street and 74th Avenue South. C. Size of Property The subject property is approximately 2 . 9 acres in size. The developer intends to construct a 6, 300 square foot restaurant and a 132 unit motel along with associated parking and landscaping. D. Zoning The site is currently zoned M2 , Limited Industrial. The property to the west, across 74th Avenue S. , is also zoned M2 but an office building has recently been approved for 1 Staff Report Willis Street Restaurant & Motel #RZ-90-3 the site. Surrounding property to the south is 'the Foster Industrial Plat (Kent Center) . A conditional use application was approved in 1987 (#CE-87-2) to allow up to 70 percent of the floor area of Kent Center Buildings A, B and c to be used for certain office, retail and service uses. This property had previously been granted a conditional use permit under Kent Center #CE-86-12 to allow 50 percent retail/service uses. The site abuts Willis street to the north and a railroad right of way to the east. A residential district is located further east of the right of way. II . 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. III . 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. 2 Staff Report Willis Street Restaurant & Motel #RZ-90-3 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 application is within the area covered by the Valley Floor Plan. Adopted in 1979, the Valley Floor Plan provides policy statements that relate to development within the valley floor area. CITY-WIDE COMPREHENSIVE PLAN The Comprehensive Plan Map designates the site as "Industrial" with a C-suffix designation indicating a potential for certain commercial uses. CIRCULATION ELEMENT GOAL 2 : Assure safe, convenient pedestrian movement within and through Kent. Objective 2 : Provide a network for safe, convenient pedestrian movement throughout the City. Policy 1 : Vehicular and pedestrian circulation should be separated in all portions of the City where feasible. Policy 2 : Sidewalks and adequate lighting should be installed along all public roads. Policy 3 : Provide pedestrian trafficway within retail trade areas. Policy 5: Provide pedestrian trafficways to and from public transportation routes and encourage public transportation to intersect with established pedestrian routes. Planning Department Comment The hotel and restaurant buildings proposed in this rezone will likely produce a number of pedestrians moving from one building in the development to another. A large number of pedestrians will also be moving from the parking areas to 3 Staff Report Willis Street Restaurant & Motel #RZ-90-3 the various buildings. Additional pedestrian movement to the development will originate from nearby developments and Metro bus stops. Pedestrian safety should be considered prior to development of the site. A planned on-site pedestrian circulation system with connections to the public sidewalks and Metro bus stops would address this issue. The proposed development includes a motel and restaurant facility. These types of uses will generate a high volume of vehicle traffic during the business day. To alleviate some of the potential congestion associated with traffic, the use of mass transit should be considered. Location of a Metro bus stop within the development would provide easy access to mass transit and possibly lessen the impacts on the transportation system. The site abuts the Interurban Trail to the east. The site plan submitted does not reflect this. The proposal shows parking along this property line without landscaping. If this application is approved, a minimum 10 foot landscape strip should be provided along this boundary and should be bermed to provide a buffer to adjacent users of the Interurban trail and adjacent residential uses. Provisions should be made to allow public access to the Interurban trail from this site. NATURAL RESOURCES OVERALL GOAL: PROTECT AND ENHANCE EXISTING NATURAL RESOURCES. GOAL 1: Ensure the preservation of ecosystems and protect their aesthetic values. Objective 1: Preserve and protect suitable habitat for local species. Objective 2 : Protect and enhance existing nesting, breeding, spawning and feeding areas. Policy: Where developed lands contain wildlife landscaping for food and shelter, encourage noninterference with wildlife use of such landscaping. 4 Staff Report Willis Street Restaurant & Motel #RZ-90-3 Planning Department Comment A well developed drainage channel/wetland is located along the southern portion of the site. During environmental review, it was noted that this shall remain as a natural open drainage course unless an alternative equivalent, meeting the approval of the Public Works Department, can be provided. The applicant wishes to relocate the drainage ditch further south of the site by adding additional land to this property through a lot line adjustment. The Public Works Director has tentatively agreed to this plan as far as it will adequately take care of the drainage problem. However, because of the significant and well-established vegetation along the channel, creating an equivalent alternative does not appear viable to City planning staff. The applicant has provided a wetland assessment from a consultant that describes this area as a Palustrine Open Water wetland. Moving the drainage channel to the south as indicated on the site plan, would require eliminating all of the significant vegetation which currently provides food, cover and habitat to local wildlife. As a condition of approval of this request, the drainage channel, and associated vegetation and wetland areas should remain in its natural, undisturbed state. The applicant may be able to utilize the channel/wetland for required biofiltration and detention of storm water. The quality of the storm water prior to leaving the site should be suitable for discharge directly into the Green River. ECONOMIC ELEMENT OVERALL GOAL: PROMOTE CONTROLLED ECONOMIC GROWTH WITH ORDERLY PHYSICAL DEVELOPMENT, RESOURCE CONSERVATION AND PRESERVATION. GOAL 2 : Assure retail and commercial developments are in suitable locations. Objective 1: Minimize adverse physical impacts of strip commercial development. Policy 1: Encourage planned retail-commercial business development. Objective 4 : Provide for the commercial services needed to serve the industrial area. 5 Staff Report Willis Street Restaurant & Motel #RZ-90-3 Planning Department Comment This proposal is the third rezone application received city-wide since the C-suffix zoning went into effect in March 1987 . The application location, at the southeast corner of Willis Street 74th Avenue South, is consistent with the intent of the C-suffix designation which is to concentrate commercial and service uses at a major intersection location, creating commercial nodes. The commercial and service uses proposed in the application include a motel and restaurant. These uses are permitted in the C-suffix zone and compatible with light industrial uses permitted in the Ml, Industrial Park, zoning district. The rezone is proposed as one development to be constructed in phases. Upon completion, the proposal will consist of a concentrated development with a hotel and restaurant serving the Valley Floor area. VALLEY FLOOR PLAN The Valley Floor Plan Map designates the site as "Industrial Business Park" with a C-Suffix overlay. OPEN SPACE OVERALL GOAL: INSURE THE PRESERVATION OF VALLEY LANDS FOR A VARIETY OF OPEN SPACE USES WITHIN THE CITY OF KENT SPHERE OF INTEREST. GOAL 3 : Preservation of the open, rural qualities of the valley to complement new development. Objective 1: Landscaping with materials compatible with the rural characteristics of the valley. Policy 1: Designate open space districts or buffer areas between abutting land use districts. Objective 3 : Establishment of common-use open space. Policy 1: Require industrially developed areas to include open space features that can 6 Staff Report Willis Street Restaurant & Motel #RZ-90-3 accommodate some of the recreational demand of employees. Planning Department Comment The proposed development will front on two streets: Willis Street and 74th Avenue South. Because the site will be so visible from the public streets, SR 167 and adjacent residential uses, substantial landscaping should be provided along all property lines. The landscaping will provide a buffer, as well as provide an aesthetically pleasing presentation of the development to the public street. As the valley east of the Green River develops, large areas of what used to be open agricultural areas are replaced by urban development. Due to the uses proposed for the rezone area, a number of people are expected to visit or work at the development. Open spaces within the development and recreational needs of the users should be considered. Providing public open space areas which would accommodate some recreational demand of both users and employees would address this concern. An area along the southern property line has been retained per a SEPA condition to maintain an existing drainage channel . This area will be utilized for passive recreational uses. It should be noted that a 10 foot setback of all impervious surfaces is required from the top of bank of the drainage channel and associated wet areas . IV. HISTORY A. Site History The subject site is part of the original townsite of the City of Kent which was established in 1889 . B. Area History It was not until recently that the property south of the subject site developed as an industrial park. There are plans to construct an office building west of the site across 74th Avenue South. 7 Staff Report Willis Street Restaurant & Motel #RZ-90-3 V. LAND USE The subject site is currently undeveloped. VI . ENVIRONMENTAL CONCERNS A. Environmental Assessment A Final Declaration of Nonsignificance was issued for the Comprehensive Plan Map amendment on October 20, 1989 with no conditions. A Final Declaration of Nonsignificance was- issued for the rezone request on February 1, 1990 with the following conditions: 1. Due to the location of the proposal in an area where the drainage system discharges directly into the Green River, the owner/developer must provide 7-day storage, on-site detention on the subject site. This equates to 8 1/2 inches of water over the entire site. 2 . Provide oil/water separation and biofiltration of storm water prior to discharge into the City system. 3 . The open drainage channel and wetland which crosses the southern portion of the property shall remain as a natural open drainage course unless an alternative equivalent, meeting the approval of the Public Works Department, can be provided. 4 . The developer shall conduct a traffic study to identify all traffic impacts upon the City of Kent road network and traffic signal system. The study shall identify all intersections at level-of-service "E" or "F" due to increased traffic volumes from the development. These intersections are at a threshold level for traffic mitigation. The study shall then identify what improvements are necessary to mitigate the development impacts thereon. Upon agreement by the City with the findings of the study and the mitigation measures outlined in the study, implementation and/or construction of said mitigation measures shall be the conditional requirement of the issuance of the respective development permits . 8 Staff Report Willis Street Restaurant & Motel #RZ-90-3 In lieu of conducting the above traffic study, constructing and/or implementing the respective mitigation measures hereby, the developer may agree to the following conditions to mitigate the traffic impacts resulting from the proposed addition. A. The developer shall execute an environmental mitigation agreement to financially participate and pay a fair share of the costs associated with the construction of the South 272nd/277th Street corridor project. The minimum benefit to the aboye development is estimated at $150, 588 based on 110 PM peak hour trips entering and leaving the site and the capacity of the South 272nd/277th Street corridor. The execution of this agreement will serve to mitigate traffic impacts to the above mentioned intersection and road system by committing funding for the South 272nd/277th Street corridor, which will provide additional capacity for traffic volumes within the area of the above mentioned development. 5. All driveway accesses to be restricted to 74th Avenue S . No access shall be allowed on W. Willis Street as shown on site plan. 6 . The developer shall be required to execute a traffic signal participation agreement for the future construction of a traffic signal at the intersection of West Willis Street (SR 516) and 74th Avenue S. 7 . Construct cement concrete sidewalks for the entire frontage of 74th Avenue S . and W. Willis Street where they do not already exist. A pending latecomers agreement may require payment of fees to the Foster Company for improvements made to 74th Ave S. and W. Willis Street which directly benefit the subject property. 8 . A pedestrian circulation system (sidewalks) shall be incorporated into the development connecting the entrances of the motel and restaurant to sidewalks along 74th Avenue S . and West Willis Street and parking areas within the site. 9 Staff Report Willis Street Restaurant & Motel WRZ-90-3 B. Significant Physical Features 1. Topography and Hydrology The property is flat and subject to ponding and seasonal flooding. The developer is required by a SEPA condition to provide on-site storage of storm water prior to discharge to the Green River. 2 . Vegetation The site is covered with local grasses and trees. Significant trees will be integrated into the formal landscaping plan developed for the site. C. Significant Social Features 1. Street System The subject property has access to 74th Avenue which is classified as a collector and has a public right- of-way width of 60 feet while the actual paving is 36 feet. The average daily traffic count for 74th Avenue is 1, 500. 2 . Water System Existing 10-inch and 6-inch water main lines are available to serve the subject property. The 10-inch main is located adjacent to the proposal in 74th Avenue S. and the 6-inch water main is located to the north of the proposal . 3 . Sanitary Sewer System There is an existing 8-inch sanitary sewer main available to serve the subject property. An 8-inch and 72-inch sanitary sewer main are located adjacent to the proposal in 74th Avenue South. 4 . Storm Water System A storm water system is necessary to accommodate the proposed development. At the time of development, the developer will need to provide a collection and conveyance system for storm water. 10 Staff Report Willis Street Restaurant & Motel #RZ-90-3 5. LID' s The subject property is not covered by any existing LID' s. The site is not subject to any proposed LID's at this time. VII. PLANNING DEPARTMENT REVIEW The Planning Department has reviewed this application in relation to the Comprehensive Plan, present zoning, land use, street system, flood control problems and comments from other departments and finds that: A. The Comprehensive Plan map designates the subject property as Industrial Park. The Valley Floor Plan map designates the property as Industrial Business Park. B. The property is currently zoned M2 , Industrial Park. C. The property is presently undeveloped. D. Land uses in the area are primarily industrial to the south and north, residential to the east and undeveloped to the west. E. The site has access via 74th Avenue S . and S . Willis Street. F. A storm water control system will be required at the time of development. G. The following standards and criteria shall be used by the Hearing Examiner and City Council to evaluate a request for rezone. Such an amendment shall only be granted if the City Council determines that the request is consistent with these standards and criteria. 1. The proposed rezone is consistent with the Comprehensive Plan. 2 . The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. 3 . The proposed rezone will not unduly burden the transportation system in the vicinity of the property 11 Staff Report Willis Street Restaurant & Motel #RZ-90-3 Given the type of uses existing in the vicinity of the proposed rezone and the high number of employees which some of these operations have, the Planning Department feels that the rezone proposal is compatible with land uses in the area. The Planning Department has some concerns about the bulk, scale and design of the proposed project in relation to the rest of the area. Offices and industrial buildings on the west side of the railroad do not exceed one story in height. On the other side of the railroad tracks are single and multifamily uses that do not exceed two stories in height. This project may be imposing on the neighborhood, considering the four story building height and size of the building. The Planning Department would like to encourage the developer to incorporate some features like tall landscaping, and building modulation to ensure that this project is compatible with the rest of the area. 3 . The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. Planning Department Finding The site has access to two public streets: Willis Street and 74th Avenue S . It was determined by the City through review of the environmental checklist that impacts would be created on the street system. Upon reviewing the checklist for this proposal, it was determined that the project will cause additional congestion at the intersections of S . Willis Street and 74th Avenue S. and S. 259th and S. Central Avenue. The current average daily traffic on 74th Avenue S . is 2 , 800 trips with 20, 100 on Willis Street and 22 , 700 on Central Avenue. The proposed development will add an estimated 1, 661 daily and 110 PM peak hour trips to the area. The current level of service at each of these intersections is "F" . The projected level of service will remain "F" due to the increased traffic from the development and projected growth. Conditions to mitigate these traffic impacts were applied to the environmental checklist Declaration of Nonsignificance (DNS) . 13 Staff Report Willis Street Restaurant & Motel #RZ-90-3 4 . Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. Planning Department Finding The West Valley Industrial Study, completed in the fall of 1986, analyzed development trends within the valley. The report concluded that Kent' s industrial area was changing from one of basically warehouse type development to more diverse mixed-use development. As a result of the study, the C-suffix zone was added to the Zoning Code and major intersections along West Valley Highway were marked as potential locations for the commercial/service use zone. As discussed earlier, this area was recently added as a potential C-suffix location. The C-suffix zone can only be obtained through the rezone process. The changes in the valley industrial area and rapid development of technical businesses with national and international clientele have increased the demand for the service type uses the rezone development proposes. 5. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Planning Department Finding The proposed rezone will be developed to meet all City standards for development including building, parking, setback, and landscaping requirements. As such, the development will not have adverse affects on the health, safety and general welfare of the citizens. As discussed previously, this development will impact the traffic generated in this area and traffic mitigation measures have been made conditions of the development. Due to the nature of the proposed uses (being commercial and service oriented) , a large number of users are anticipated on the site. Expansive parking lots are proposed as part of the development. The site plan, although generalized, shows little interior landscaping being provided with the parking lot area. The Kent Zoning Code requires that parking lots of 20, 000 square feet or more provide at least ten percent of the lot area in landscaping. 14 Staff Report Willis Street Restaurant & Motel #RZ-90-3 Because the site will be visible from all the public streets serving the site including SR 167, as well as residential areas, substantial landscaping should be provided along all street fronts. The Zoning Code requires a minimum of 20 feet of landscaping along the front and 15 feet along the side yards. The landscaping will provide a buffer between the street and the development while also providing an aesthetically pleasing presentation of the development to the public streets. The rear (eastern) property line of the site abuts a residential district. As such, a minimum of 10 feet of Type II landscaping shall _ be required along this property line. Because parking will be located along this boundary and parked cars will be facing the adjoining residential uses and Interurban trail, the required landscaping strip shall be bermed. H. In addition to the previous criteria, the Hearing Examiner and City Council must evaluate a rezone request for M1-C zoning on the basis of the following criteria: 1. The proposed rezone is in close proximity or contiguous to major arterial intersections identified on the Comprehensive Plan Map as being appropriate locations for commercial type land uses. 2 . Rezoning to M1-C shall not be speculative in nature but shall be based on generalized development plans and uses. The staff has responded to these statements and made the following findings: 1. The proposed rezone is in close proximity or contiguous to major arterial intersections identified on the Comprehensive Plan Map as being appropriate locations for commercial type land uses. Planning Department Finding The intersection of West Valley Highway and Willis Street is identified on the Valley Floor Plan Map as a location appropriate for commercial type land uses. 2 . Rezoning to M1-C shall not be speculative in nature but shall be based on generalized development plans and uses. 15 Staff Report Willis Street Restaurant & Motel #RZ-90-3 Planning Department Finding The rezone application includes a generalized site plan proposing a mixture of commercial uses including a motel and restaurant. VIII . CITY STAFF RECOMMENDATION Upon review of the merits of this request and relevant code criteria, the City staff recommends APPROVAL with the following conditions: 1. For those peak hour trips generated from development of the property under this rezone which are in excess of those peak hour trips which would have been generated from development of the property under its present zoning, the Developers financial contribution to the 272nd/277th corridor project as a means of providing partial mitigation of the traffic impact of the development shall be calculated at 100 percent of the estimated trip cost. 2 . An integrated pedestrian circulation system shall be constructed to provide access to 74th Street, Willis Street, and the development to the south. 3 . Perimeter landscaping shall be a minimum of 20 feet along the western, northern and southern borders of the site. 4 . A minimum 10 foot wide landscape strip shall be required along the eastern property line and shall be bermed (min. of 36 inches in height) to help buffer adjacent residential land uses as well as users of the adjacent Interurban Trail. 5 . The drainage channel, and associated vegetation and wetlands, shall be left in its natural, undisturbed state. A 10 foot setback of all impervious surfaces is required by the City of Kent Zoning Code and should be reflected on all future site plan submittals. 6. The applicant shall go through an administrative design review process with the Planning Department in conjunction with the review of the building permit. The goal of the design review will be to ensure that building material are compatible with the surrounding neighborhood and that the 16 Staff Report Willis Street Restaurant & Motel #RZ-90-3 bulk and scale of the proposed buildings are mitigated as much as possible. Should the applicant feel aggrieved by any of the requirements of said administrative design review process, he/she may appeal such requirement(s) to the Hearing Examiner. The decision of the Hearing Examiner shall be final unless applicant appeals to the City council . Minor code requirements that have not been addressed within this report will be dealt with during the development review process. KENT PLANNING DEPARTMENT May 7 , 1990 17 City of Kent - Planning Department SRM ST Q z w w > > ¢ ¢ z N a: J > = O U W � Z .-. = SMITH ST SMITH ST � HARRISON ST ST ❑ e❑ � MEEKER ET > GONE ST ❑ ¢ ❑ ❑❑❑ z w 0 Cc z E1011 ❑❑ ST ❑ > CBOH tw >CcLn cc ofI ww-559Tt APPLICATION NAME: Willis Street Restaurant and Motel NUMBER: RZ-90-3 DATE: May 16, 1990 REQUEST: Rezone from M-2, Limited Industrial to M-1C, Industrial Park Commercial Suffix LEGEND 3 Application site VICINITY MAP Zoning boundary City limits moil EEC ni+ 'I '• LJi ���- WIN r no �O _• gEgai iW ��es.=x»�f�li� r 1 ` - ME 1 - •)� �fA.i1G �� T City of Kent - Planning Department 1 1 LY I TI I I III i i ►_ L.!J I 1 � N, APPLICATION NAME: Willis Street Restaurant and Motel NUMBER: RZ-90-3 DATE: May 16, 1990 REQUEST: Rezone from M-2, Limited Industrial to M-1C, Industrial Park Commercial Suffix LEGEND Application site SITE PLAN Zoning boundary City limits WILLIS STREET RESTAURANT AND MOTEL, RZ-90-3 EXHIBIT 2 ( RON HEALEY ) WILLIS STREET RESTAURANT AND MOTEL 9RZ-90-3 Response to Staff Report for Hearing of May 16 , 1990 We have studied the staff report and commend the City for their hard work. There are several issues that vie feel we need to address . My responses follow the order of the staff report . Staff Report Willis Street Restaurant & Motel WRZ-90-3 the various buildings. Additional pedestrian movement to the development will originate from nearby developments and Metro bus stops. Pedestrian safety should be considered prior to development of the site. A planned on-site pedestrian circulation system with connections to the public sidewalks and Metro bus stops would address this issue. The proposed development includes a motel and restaurant facility. These types of uses will generate a high volume of vehicle traffic during the business day. To alleviate some of the potential congestion associated with traffic, the use of mass transit should be considered. Location of a Metro bus stop within the development would provide easy access to mass transit and possibly lessen the impacts on the transportation system. The site abuts the Interurban Trail to the east. The site plan submitted does not reflect this. The proposal shows parking along this property line without landscaping. If this application is approved, a minimum 10 foot landscape strip should be provided along this boundary and should be bermed to provide a buffer to adjacent users of the Interurban trail and adjacent residential uses. Provisions should be made to allow public access to the Interurban trail from this site. NATURAL RESOURCES OVERALL GOAL: PROTECT AND ENHANCE EXISTING NATURAL RESOURCES . GOAL 1: Ensure the preservation of ecosystems and protect their aesthetic values. Objective 1 : Preserve and protect suitable habitat for local species. Obiective 2 : Protect and enhance existing nesting, breeding, spawning and feeding areas. Policy: Where developed lands contain wildlife landscaping for food and shelter, encourage noninterference with wildlife use of such landscaping. We have provided an on-site and street frontage pedestrian circulation system (see Drawing #2) . The buildings are connected by a sidewalk and to the new street frontage sidewalks . The street frontage sidewalks will connect to the existing sidewalks within the development . Staff Report Willis Street Restaurant & Motel #RZ-90-3 the various buildings. Additional pedestrian movement to the development will originate from nearby developments and Metro bus stops. Pedestrian safety should be considered prior to development of the site. A planned on-site pedestrian circulation system with connections to the public sidewalks and Metro bus stops would address this issue. The proposed development includes a motel and restaurant facility. These types of uses will generate a high volume of vehicle traffic during the business day. To alleviate some of the potential congestion associated with traffic, the use of mass transit should be considered. Location of a Metro bus stop within the development would provide easy access to mass transit and possibly lessen the impacts on the transportation system. The site abuts the Interurban Trail to the east. The site plan submitted does not 'reflect this." ,The 'proposal shows parking along this property line without landscaping. If this application is approved, a minimum 10 foot landscape strip should be provided along this boundary and should be bermed to provide a buffer to adjacent users of the Interurban trail and adjacent residential uses. Provisions should be made to allow public access to the Interurban trail from this site. NATURAL RESOURCES OVERALL GOAL: PROTECT AND ENHANCE EXISTING NATURAL RESOURCES . GOAL 1: Ensure the preservation of ecosystems and protect their aesthetic values. pb ective l : Preserve and protect suitable habitat for local species . Obiective 2 : Protect and enhance existing nesting, breeding, spawning and feeding areas. Policy: Where developed lands contain wildlife landscaping for food and shelter, encourage noninterference with wildlife use of such landscaping. The site does abut a 100 ' Puget Power R.O.W. which contains the interurban trail within this 100' R.O.W. The trail is 35 ' to 40 ' from our property boundary and is separated by a drainage swale which is between 2 and 5 feet deep and approximately 10' wide. Access from our site directly to the trail would be impossible without construction on privately owned property. We feel access to the trail at the north end of our property via the old paved Willis Street roadway is safer and more appropriate (see Drawing n2) . There is also mention of requiring a 10' landscape strip containing a berm along the east property line. We can find no reason for the request nor has the staff planner been able to give us one. The east property line is the rear yard which according to Section 15.07.06 0 requires no landscaping. There was some discussion that vie needed it because our property abuts a residential zone. It does not . The 100' wide Puget Power R.O.W. is zoned M-2 and abuts our property. Even if we did abut a residential zone the property would be exempt from any special requirements per Section 15.04. 170 F-4 since it is separated by a railroad main line. If the railroad main line did not exist and our property abutted residential zoning , we still would not be required to provide 10' of landscaping. All that would be required is a greater (50 ' ) setback which except for one corner of the restaurant we exceed now. (See Section 15.04 170 F-4) . Based on the zoning code requirement , I would say the City prefers parking along boundaries with residential zones since they have increased the setback requirement to 50 ' • This 50' setback area would not be left undeveloped, outdoor storage is discouraged, so that leaves this area to be used for parking . If it 's only use is parking vie are using the area appropriately and providing landscaping in accordance with Section 15.07.060 0. There was some mention of needing to shield the car headlights from the single family residences to the east . This is unnecessary. The single family residences are over 250 feet away. There is a 100' Puget Power R.O.W. , 110' railroad R.O.W. , a 16 ' alley , and their own back yards. Furthermore , the railroad bed is raised above the height of our lot and the single family lots by a height varying from 4 to 14 feet . There was mention of needing to shield the car headlights from the users of the Interurban Trail . Again this makes no sense. The trail is a path 6' to 10 ' wide located in a 100 ' R.O.W. That equates to 90' of natural landscaping along the trail)30 to 40 feet of which is located between the path and our property. We have examined the trial and could find no place in the City where 10' of landscaping and a 3 ' berm had been provided. The existing developments directly along the trail were usually separated only by blank building walls , chain link fences or roads. The trail as it passes our property is very pleasant and would not benefit by more landscaping . As for headlights on the path, if they make it through the vegetation , they will not be that strong , and who would be on the path after dark anyway. If people are using the path after dark they will probably like the light and security our, facilities will provide since our building will be occupied at night . Staff Report Willis Street Restaurant & Motel WRZ-90-3 Planning Department Comment A well developed drainage channel/wetland is located along the southern portion of the site. During environmental review, it was noted that this shall remain as a natural open drainage course unless an alternative equivalent, meeting the approval of the Public Works Department, can be provided. The applicant wishes to relocate the drainage ditch further south of the site by adding additional land to this property through a lot line adjustment. The Public Works Director has tentatively agreed to this plan as far as it will adequately take care of the drainage problem. However, because of the significant and well-established vegetation along the channel, creating an equivalent alternative does not appear viable to city planning staff. The applicant has provided a wetland assessment from a consultant that describes this area as a Palustrine Open Water wetland. Moving the drainage channel to the south as indicated on the site plan, would require eliminating all of the significant vegetation which currently provides food, cover and habitat to local wildlife. As a condition of approval of this request, the drainage channel, and associated vegetation and wetland areas should remain in its natural , undisturbed state. The applicant may be able to utilize the channel/wetland for required biofiltration and detention of storm water. The quality of the storm water prior to leaving the site should be suitable for discharge directly into the Green River. ECONOMIC ELEMENT OVERALL GOAL: PROMOTE CONTROLLED ECONOMIC GROWTH WITH ORDERLY PHYSICAL DEVELOPMENT, RESOURCE CONSERVATION AND PRESERVATION . GOAL 2 : Assure retail and commercial developments are in suitable locations. Objective 1: Minimize adverse physical impacts of strip commercial development. Policy 1 : Encourage planned retail-commercial business development. Objective 4 : Provide for the commercial services needed to serve the industrial area. 5 If you review the environmental checklist and the preliminary plans submitted with it you will see at that time we were planning to enclose the ditch and tight line it accross our property. We were advised by city staff that this would not be a problem since it was tight lined coming to our property and leaving it . As a condition of the SEPA review we were told to retain the open ditch but that it could be moved with approval of Public Works . We have been in discussion with Public Works on relocating the ditch and it has never been a problem for them. In fact , as late as last Wednesday , both Public Works and Planning agreed we could relocate the ditch. Since then Planning has changed their minds . Several issues become important here. This is not a natural drainage course , but a man made ditch. If it could be built once, it can be rebuilt , City Zoning Code , Section 15.08.224 C allows and sets guidelines for relocation of a Major or Minor Creek. If a major creek can be relocated , why can ' t a man made drainage ditch? Another very important consideration is the City of Kent 's future plans for this ditch. . The process has begun and should be complete within 5 years of diverting most of the water that travels through this ditch into a new storm drainage system. The effect of this diversion will be far greater than any effects we would have in relocating it . I have a letter from Sue Burgemeister of B- 12 Associates. She has been involved from the beginning as the wetland specialist . I 'm not sure why the ctiy staff is flip flopping or if they just disagree with one another. I do feel there is nothing in this drainage ditch that cannot be replaced except the water flow which the City is removing from the ditch. I 'm not saying the City is wrong in diverting the water flow. It is my understanding that this system does not work well in heavy rains . Are we saving this ditch only to slowly kill it in a few years . Would it be better to redesign the ditch now and plant it with vegetation that can survive the loss of water flow. B-twelve Associates _ Land Consulting May 16 , 1990 Mr. Jim Foster Foster Development P.O. Box 2810 Bellevue , WA 98009 RE: Willis Street Restaurant & Motel Our Job W'90-109 Dear Jim, This letter is in response to your questions regarding the status of the drain course and the potentials fonr relocation of it to accommodate the buildings and parking on As you know, B-twelve was asked to determine if wetlands are present on this site . In our letter to you dated April 2 , 1990 we indicated that under the US Army Corps of Engineers criteria., wetlands are not present on this site. In discussing this finding with City staff, we also agreed that the Swale on the site is not classified as a stream and no fisheries use is known by the City. Therefore, the staff agreed with us that this facility is a drain course. This distinction is significant when considering the issues that should be addressed when evaluating the functions that must be replicated if a facility is to be relocated. It is our understanding that this scale is a constructed drain course developed several years ago as part of the construction of 74th Ave. S. . its primary function is the conveyance of storm water from a culvert under the railroad tracks which then flows to the west across your property to a culvert under 74th Street. Prior to developing a design for the relocation of a storm water facility, all the various functions should be identified and then prioritized. This approach enables the selection of alternatives and compromises in the event that one function is of significantly higher value than another. 527 South Washington Ave. • Kent, WA 98032 9 206185M515 Willis Motel: 1590-109 B-twelve: May 16 , 1990 Page 2 In responding to your question, we have had some difficulty with determining where gent feels the function of wildlife habitat lies in this prioritization scheme. In the alternatives discussed within this letter, we have assumed that habitat replacement, while not the first order of concern, would certainly be a significant function. It should be noted that along the existing drain course, habitat is currently limited to some open water area for a few water fowl, and some buffer vegetation that provides nesting and foraging area for song birds and rodents. Both the environmental and engineering communities are increasingly aware of the importance of open channel conveyance for the recapture of water quality in urbanizing areas . open channels that are broad, of low gradient and shallow side slopes provide excellent opportunities for the "natural" system to accept sediments, slow flood waters, decrease flood velocities , and enable nutrient uptake by the vegetation. To accomplish these functions , we are routinely developing vegetated channel conveyance systems where slopes and velocities permit . You are, of course, aware that there is a great deal of controversy regarding "creation of natural systems" . However, the drain course on your site is an existing constructed storm drainage system, not a wetland or fisheries stream. Soils do not need to be replicated and the hydrology is currently being manipulated. Use of vegetation for water quality function is regularly required and typically performs well within months of installation. We understand that the City of gent Public Works Department has indicated that they will modify the storm drainage in the vicinity of this project. Apparently, the majority of the water now crossing this site from the east will be realigned to flow to the south prior to entering your property. This realignment will probably result in a very significant change to the drain course. If most of the off-site flow is diverted, the decrease in water will eliminate the ponding, thereby eliminating the open water habitat presently being used by the ducks. In addition, the existing vegetation (cattails, willows, etc. ) is dependent upon high water levels throughout much of the Willis Motel: x90-109 B-twelve: May 16 , 1990 Page 3 year. Since the soils adjacent to the swale are very well ' drained, we would expect a very rapid transition of species from preclominantely water dependent to those species that can tolerate occasional flooding. Thus, it is our expectation that if this storm drainage revision occurs, the value of the area for waterfowl will be radically reduced, if not totally eliminated. We look forward to continuing to work with you on this hitect project. We are anxious to work with you, your and engineer to develop a coordinated approach to the water quality and habitat issues of this project. Sincerely, �'La4j-- Susan L. Burgemeister principal cc: Ron Healy/Job Anderson & Associates Bob Scholes/ESM, Inc. Staff Report Willis Street Restaurant & Motel WRZ-90-3 accommodate some of the recreational demand of employees. Planning Department Comment The proposed development will front on two streets: Willis Street and 74th Avenue South. Because the site will be so visible from the public streets, SR 167 and adjacent residential uses, substantial landscaping should be provided along all property lines. The landscaping will provide a buffer, as well as provide an aesthetically pleasing presentation of the development to the public street. As the valley east of the Green River develops, large areas of what used to be open agricultural areas are replaced by urban development. Due to the uses proposed for the rezone area, a number of people are expected to visit or work at the development. Open spaces within the development and recreational needs of the users 'should be considered. Providing public open space areas which would accommodate some recreational demand of both users and employees would address this concern. An area along the southern property line has been retained per a SEPA condition to maintain an existing drainage channel . This area will be utilized for passive recreational uses. It should be noted that a 10 foot setback of all impervious surfaces is required from the top of bank of the drainage channel and associated wet areas. IV. HISTORY A. Site History The subject site is part of the original townsite of the City of Kent which was established in 1889 . B. Area History It was not until recently that the property south of the subject site developed as an industrial park. There are plans to construct an office building west of the site across 74th Avenue South. 7 The site will be visible from the public streets and SR 167. This is a great argument for rezoning the property. Can you imagine a large warehouse or manufacturi,.y facility on this corner. It is allowed under the existing zoning . Rezoning also increases the required front and sideyard landscaping by 5 ' . The 3 single family residences to the east are over 250' feet away as previously stated and are separated by the Puget Power R.O. W. and a railroad R.O.W. We have shown landscaping in excess of Section 15.07.060 0 of the zoning code. Twenty feet at the street frontages and 85 ' wide drain ditch and associated . planting along the south property line. In addition to recreation and open space mentioned by staff we are providing a swimming pool , spa room and exercise room at the motel . As mentioned there is the interurban trail to the east and there is a park directly to the south along the Green River which was provided by the owner . For an industrially zoned area , there is not a shortage of recreational and open space. Staff Report Willis Street Restaurant & Motel #RZ-90-3 V. IAN_.__D USE is currently undeveloped. The subject site VI . ENVIRONMENTAL CONCERNS A. Environmental Assessment nificance was issued for the amendment on October 20, 1989 with A Final Declaration of Nonsig nificance was Comprehensive Plan Map 1990 with the no conditions. A Final Declaration onFebruary iig issued for the rezone request following conditions: where 1 . Due to the location of the proposal in i to n area the Green the drainage system discharges directly River, the owner/developer must provide 7-day Storage,on-site detention on the subject site- This equates to 8 1/2 inches of water over the entire site. water separation and biofiltrati nof 2 . Provide oil/ to discharge into the City system. storm water prior es 3 , The open drainage channel and wetland shallcremainsas the southern portion of the property a natural open drainage cour valnofs the nPublic nWorks equivalent, meeting the app ro Department, can be provided. traffic study to q . The developer shall conduct on the City of Kent identify all traffic impacts up road network and traffic signal system. The study shall identify all intersections at level-of-service „E„ or 'IF" due to increased traffic volumes from the development. These intersections are at a threshold level for traffic mitigation. then identify what improvements are The study shall igate the development impacts thereon. necessary to mit Upon agreement by the City with the findings of the study and the mitigation measures outlined in said the study, implementation and/or cons the tic not nal mitigation measures shall be ective requirement of the issuance of the resp development permits - 8 ( 1 ) We have been In discussion with Public Works concerning on-site detention. It has been discussed and agreed that the owner will pay a fee of apprx. $12 ,000 in lieu of on-site storage and will be allowed to discharge directly into the existing Foster Industrial Park pond. This pond at the time of it 's construction was designed to handle the retention needs of this parcel of land. Staff Report Willis Street Restaurant & Motel #RZ-90-3 V. LAND USE The subject site is currently undeveloped. VI. ENVIRONMENTAL CONCERNS A. Environmental Assessment A Final Declaration of Nonsignificance was issued for the Comprehensive Plan Map amendment on October 20, 1989 with no conditions . A Final Declaration of Nonsignificance was _ issued for the rezone request on February 1, 1990 with the following conditions: 1 . Due to the location of the proposal in an area where the drainage system discharges directly into the Green River, the owner/developer must provide 7-day storage, on-site detention on the subject site. This equates to 8 1/2 inches of water over the entire site. 2 . Provide oil/water, separation and biofiltration of storm water prior to discharge into the City system. 3 . The open drainage channel and wetland which crosses the southern portion of the property shall remain as a natural open drainage course unless an alternative equivalent, meeting the approval of the Public Works Department, can be provided. 4 . The developer shall conduct a traffic study to identify all traffic impacts upon the City of Kent road network and traffic signal system. The study shall identify all intersections at level-of-service "E" or "F" due to increased traffic volumes from the development. These intersections are at a threshold level for traffic mitigation. The study shall then identify what improvements are necessary to mitigate the development impacts thereon. Upon agreement by the City with the findings of the study and the mitigation measures outlined in the study, implementation and/or construction of said mitigation measures shall be the conditional requirement of the issuance of the respective development permits. 8 (2) It has also been agreed that in lieu of an on-site biolfiltration swale the owner may use coalessing plates . Staff Report Willis Street Restaurant & Motel #RZ-90-3 Given the type of uses existing in the vicinity of the proposed rezone and the high number of employees which some of these operations have, the Planning Department feels that the rezone proposal is compatible with land uses in the area. The Planning Department has some concerns ,about the bulk, scale and design of the proposed project in relation to the rest of the area. Offices and industrial buildings on the west side of the railroad do not exceed one story in height. On the other side of the railroad tracks are single and multifamily uses that do not exceed two stories in height. This project may be imposing on the neighborhood, considering the four story building height and size of the building. The Planning Department would like to encourage the developer to incorporate some features like tall landscaping, and building modulation to ensure that this project is compatible with the rest of the area. 3 . The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. Planning Department Finding The site has access to two public streets: Willis Street and 74th Avenue S . It was determined by the city through review of the environmental checklist that impacts would be created on the street system. Upon reviewing the checklist for this proposal, it was determined that the project will cause additional congestion at the intersections of S . Willis Street and 74th Avenue S . and S . 259th and S . Central Avenue. The current average daily traffic on 74th Avenue S . is 2 , 800 trips with 20 , 100 on Willis Street and 22 , 700 on Central Avenue. The proposed development will add an estimated 1, 661 daily and 110 PM peak hour trips to the area . The current level of service at each of these intersections is "F" . The projected level of service will remain "F" due to the increased traffic from the development and projected growth. Conditions to mitigate these traffic impacts were applied to the environmental checklist Declaration of Nonsignificance (DNS) . 13 The Planning Department concerns about the bulk , scale and design are unwarranted . They make reference to the fact that the buildings to the south are one-story, This is true, but they fail to mention the height which is much greater than a typical residential story . They fail to mention the bulk or size (one building has 132 ,000 square feet under one roof) . They fail to mention that most of the area to the south and west is undeveloped and under the existing zoning could have buildings up to 60' high and lot coverage of 65� . Our motel is proposed at 43 ' high, total building coverage including restaurant is only 16%. Our development could easily be dwarfed by future development under the existing zoning regulations . The motel has an "L" shape to decrease the mass . It has large projected areas on all four of it ' s major sides as well as minor projected areas such that no blank wall greater than 20 ' exists , and the largest wall without a major break is only 741 . The whole building is small for a 2 .9 acre site , less than 42 ,000 square feet , and it 's entire width is only 29 of the rear property line, while it 's depth is only 46% of the lot depth. As stated lot coverage is only 16% compared to 6'5% allowed under existing zoning and 60 allowed after the rezone. Total impervious surface is just barely greater than 60� . There are multi -family zoned areas to the east . Our property abuts a M-2 zone which abuts a MRM zone, Per Section 15.04.050-E-2-h there is an allowable height of 40' in the MRM zone which is very compatible with our height of 43 ' . To the east of this MRM zone is an area zoned MRD, per Section 15.05.030-E-5 there is an allowable height of 35 ' in the MRM zone , still very compatible with the height of the motel . Architecturally the motel is a pleasant blend with the stucco and metal roof buildings to the south and residential styling of future development to the east . Staff Report Willis Street Restaurant & Motel #)RZ-90-3 4 . Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. Planning Department Finding The West Valley Industrial Study, completed in the fall of 1986 , analyzed development trends within the valley. The report concluded that Kent' s industrial area was changing from one of basically warehouse type development to more diverse mixed-use development. As a result of the study, the C-suffix zone was added to the Zoning Code and major intersections along West Valley Highway were marked as potential locations for the commercial/service use zone . As discussed earlier, this area was recently added as a potential C-suffix location. The C-suffix zone can only be obtained through the rezone process. The changes in the valley industrial area and rapid development of technical businesses with national and international clientele have increased the demand for the service type uses the rezone development proposes. 5 . The proposed rezone will not adversely affect the health, safety and genera]. welfare of the citizens of the City of Kent. Planning Department Finding The proposed rezone will be developed to meet all City standards for development including building, parking, setback, and landscaping requirements. As such, the development will not have adverse affects on the health, safety and general welfare of the citizens. As discussed previously, this development will impact the traffic generated in this area and traffic mitigation measures have been made conditions of the development. Due to the nature of the proposed uses (being commercial and service oriented) , a large number of users are anticipated on the site. Expansive parking lots are proposed as part of the .development. The . ,site ','plan, although generalized, shows little interior landscaping being provided with the parking lot area. The Kent Zoning Code requires that parking lots of 20, 000 square feet or more provide at least ten percent of the lot area in landscaping. 14 We would lake exception to the term ''expansive parking lot''. While there is parking for 163 cars , this is a 2.9 acre site. That equates to only 56 cars per acre. You will also see that we have spread the parking areas around the building so that the parking areas are never more than 2 cars deep. We have discussed the landscaping with Carol Proud of the city staff , and was told we have enough landscaping since we could count most all landscaping except that required at property boundaries . staff Report Willis Street Restaurant & Motel #RZ-90-3 Because the site will be visible from all the public streets serving the site including SR 167 , as well as residential areas, substantial landscaping should be provided along all street fronts. The Zoning Code requires a minimum of 20 feet of landscaping along the front and 15 feet along the side yards. The landscaping will provide a buffer between the street an development esentat while of also providing an aesthetically pleasing P the development to the public streets. The rear (eastern) property line of the site . abuts a . r s dential landscaping shall As such, a minimum of 10 feet of Type line. ;`Because'parking will be required along this property arked' cars will be be located along this , boundary 'and p facing the adjoining residential uses and be bermed Interurban trail , the required landscaping P shallH. In addition to the previous criteria, the Hearing Examiner and City Council must evaluate a rezone request for Ml-C zoning on the basis of the following criteria: 1. The proposed rezone is in close proximity or contiguous to major arterial intersections being aidentified on the Comprehensive Plan Map as land uses. ppropriate locations for commercial type ature 2 . Rezoning to M based shall not be culative in developmentnplans but shall be based on generalized and uses. The staff has responded to these statements and made the following findings: 1 . The proposed rezone is in close proximity or contiguous to major arterial intersections identified on the comprehensive Plan Map as being appropiate locations for commercial type land uses. Planning Department Finding The intersection of West Valley Highway and Willis Street identifiedis the Valley Floor Plan map a a cation appropriatef n for commercial type land uses. ature 2 . Rezoning to M based shall generalized development plans not be speculative n but shall be based on and uses. 15 The rear (eastern) property line does not abut a residential district . And as previously stated , we can find no reason for landscaping or a berm even if it did. Staff Report Willis Street Restaurant & Motel #RZ-90-3 Planning Department Finding The rezone application includes a generalized site plan proposing a mixture of commercial uses including a motel and restaurant. VIII . CITY STAFF RECOMMENDATION Upon review of the merits of this request and relevant code criteria, the City staff recommends APPROVAL with the following conditions: 1 . For those peak hour trips generated from development of the property under this rezone which are in excess of those peak hour trips which would have been generated from development of the property under its present zoning, the Developers financial contribution to the 272nd/277th corridor project as a means of providing partial mitigation of the traffic impact of the development shall be calculated at 100 percent of the estimated trip cost. 2 . An integrated pedestrian circulation system shall be constructed to provide access to 74th Street, Willis Street, and the development to the south. 3 . Perimeter landscaping shall be a minimum of 20 feet along the western, northern and southern borders of the site. 4 . A minimum 10 foot wide landscape strip shall be required along the eastern property line and shall be bermed (min. of 36 inches in height) to help buffer adjacent residential land uses as well as users of the adjacent Interurban Trail . 5 . The drainage channel , and associated vegetation and wetlands, shall be left in its natural , undisturbed state. A 10 foot setback of all impervious surfaces is required by the City of Kent Zoning Code and should be reflected on all future site plan submittals. 6 . The applicant shall go through an administrative design review process with the Planning Department in conjunction with the review of the building permit. The goal of the design review will be to ensure that building material are compatible with the surrounding neighborhood and that the 16 Item 3 1 believe this to be a typo and should read "minimum of 20 feet along the western and northern borders of the site and 15 feet along the southern borders", as stated on page 15 of the staff report . Staff Report Willis Street Restaurant & Motel #RZ-90-3 Planning Department Findin app lication includes a generalized site plan The rezone ommercial uses including a mote proposing a mixture of c and restaurant. VIII . CITY STAFF RECOMMENDATION of this request and relevant cde Upon review the Citye merits staff recommends APPROVAL with the following criteria, conditions: 1 , For those peak hour trips generated from development of the property under this rezone which are in excessthose generated from peak hour trips which would have be resent zoning, the development of the property under its p 277th Developers financial contribution ar2mitigation corridor project as a means of providingg partial of the traffic impact of the development costshal be calculated at loo percent of the estimated trip 2 An integrated pedestrian circulation system shall be to provide access to 74th Street, Willis constructed Street, and the development to the south. 3 . Perimeter landscaping the site. shall be a minimum of 20 feet along the western, northern and southern borders of 4 . A minimum 10 foot wide landscape strip shall be required along the eastern property line and shall be bermed (min. of 36 inches in height) to help buffer adjacent residential land uses as well as users of the adjacent Interurban Trail. . 5 . The drainage channel , and associated vegetation and wetlands , shall be left in its natural, undisturbed state. A 10 foot setback of all impervious surfaces is required by the City of Kent Zoning Code and should be reflected on all future site plan submittals . 6 . The applicant shall go through an administrative design review process with the Planning permit. The conjunction pm building the with the review of the o ensure that building material designible reiew will be th surrounding he ghborhood and that the 16 `J Item 4 As stated there is no basis in the zoning code for this request nor in practice with other developments along the Interurban Trail . Staff Report Willis Street Restaurant & Motel #RZ-90-3 Planning Department Finding The rezone application includes a generalized site plan proposing a mixture of commercial uses including a motel and restaurant . VIII . CITY STAFF RECOMMENDATION Upon review of the merits of this request and relevant code criteria, the City staff recommends APPROVAL with the following conditions : 1 . For those peak hour trips generated from development of the property under this rezone which are in excess of those peak hour trips which would have been generated from development of the property under its present zoning, the Developers financial contribution to the 272nd/277th corridor project as a means of providing partial mitigation of the traffic impact of the development shall be calculated at 100 percent of the estimated trip cost. 2 . An integrated pedestrian circulation system shall be constructed to provide access to 74th Street, Willis Street, and the development to the south. 3 . Perimeter landscaping shall be a minimum of 20 feet along the western, northern and southern borders of the site. 4 . A minimum 10 foot wide landscape strip shall be required along the eastern property line and shall be bermed (min. of 36 inches in height) to help buffer adjacent residential land uses as well as users of the adjacent Interurban Trail . 5 . The drainage channel, and associated vegetation and wetlands, shall be left in its natural, undisturbed state. A 10 foot setback of all impervious surfaces is required by the City of Kent Zoning Code and should be reflected on all future site plan submittals. 6 . The applicant shall go through an administrative design review process with the Planning Department in conjunction with the review of the building permit. The goal of the design review will be to ensure that building material are compatible with the surrounding neighborhood and that the 16 As stated we see no reason to place this restriction on development of the site. Staff Report Willis Street Restaurant & Motel #RZ-90-3 Planning Department Finding The rezone application includes a generalized site plan proposing a mixture of commercial uses including a motel and restaurant. vIII . CITY STAFF RECOMMENDATION Upon review of the merits of this request and relevant code criteria, the City staff recommends APPROVAL with the following conditions: 1 . For those peak hour trips generated from development of the property under this rezone which are in excess of those peak hour trips which would have been generated from development of the property under its present zoning, the Developers financial contribution to the 272nd/277th corridor project as a means of providing partial mitigation of the traffic impact of the development shall be calculated at l0o percent of the estimated trip cost. 2 . An integrated pedestrian circulation system shall be constructed to provide access to 74th Street, Willis Street, and the development to the south. 3 . Perimeter landscaping shall be a minimum of 20 feet along the western, northern and southern borders of the site. 4 . A minimum 10 foot wide landscape strip shall be required along the eastern property line and shall be bermed (min. of 36 inches in height) to help buffer adjacent residential land uses as well as users of the adjacent Interurban Trail . 5 . The drainage channel, and associated vegetation and wetlands, shall be left in its natural, undisturbed state. A 10 foot setback of all impervious surfaces is required by the City of Kent Zoning Code and should be reflected on all future site plan submittals. 6 . The applicant shall go through an administrative design review process with the Planning Department in conjunction with the review of the building permit. The goal of the design review will be to ensure that building material are compatible with the surrounding neighborhood and that` the 16 Staff Report Willis Street Restaurant & Motel #RZ-90-3 bulk and scale of the proposed buildings are mitigated as much as possible. Should the applicant feel aggrieved by any of the requirements of said administrative design review process , he/she may appeal such requirements) to the Hearing Examiner. The decision of the Hearing Examiner shall be final unless applicant appeals to the City Council . Minor code requirements that have not been addressed within this report will be dealt with during the development review process . KE14T PLANNING DEPARTMENT May 7 , 1990 17 Item 6 We feel this is an unnecessary burden to place on the owner and is inconsistent with the zoning code. According to Section 15.09.045 Administrative Design Review is to provide additional site planning flexibility in fulfilling the intent of multi-family transition area requirements and stall not include design elements that are not directly related to site planning Jnd layout. Examples of excluded items are building colors and textures , siding materials and the like. First , we are not in a multi -family transition zone. Second , the very items they wish to have control over are the very items excluded from review. Third , those items they wish to have control over are much better handled by a licensed architect that is trained and experienced to do so. As stated the building is not bulky and out of scale. It is very small covering less than 9% of the site, short . . .only 3 feet higher than the adjoining residential zoning ,and 17' below the allowed height and modulated far beyond anything that would be expected in an industrial zone. The light k�,ill play off the building surfaces to create a pleasing changing facade. I do not feel the planner understands the project and am disappointed she has not asked to meet with me to discuss it , if that is the case. We have proposed a development with more landscaping than is required , more open space, more recreational opportunities , less impervious surface, less lot coverage, greater building setbacks , less volume , less height , more building modulation and more interest than is required. We are proposinq an appropriate use for this site which will be compatible with the surrounding area , and will be a nice addition to the City of Kent . AA i RONALD R. HEAL LIN x.. Kent City Council Meeting Date August 7 1990 Category Other Business ReCvr,) W P-VAdahor�5 1. SUBJECT: SENIOR HOUSING T )T /1TlV / (1 1 2. SUM14ARY STATEMENT: The final recommendations of the Senior Housing Advisory Committee are being forwarded for Council action. The Phase 1 recommendations relate to ownership, management and development of the 92 units of Senior Housing authorized by voters in February 1990. The Planning Committee reviewed these recommendations at their July 17 meeting and approved them with the amendment noted in the attached memo from the Planning Department. These actions are necessary to enable the City to move forward with development of the Kent Senior Housing program. 3 . EXHIBITS: Memorandum from Planning Department's Senior Housing Advisory Committee final recommendations and July 17 , 1990 Planning Committee Minutes 4 . RECOMMENDED BY: Senior Housing Advisory Committee, City Council Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS• 7. CITY COUNCIL ACTION: 1,+ :q 1 Councilmember ,ti �. 'l, moves, Councilmember seconds Approve/deny or modify and approve as modified the final recommendations of the Senior Housing Advisory Committee an action agenda contained within the report on page 20. DISCUSSION: ACTION: — Council Agenda Item No. 4D KENT PLANNING DEPARTMENT August 1, 1990 MEMO TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: RECOMMENDATIONS OF THE MAYOR'S ADVISORY COMMITTEE ON SENIOR HOUSING: PHASE ONE The Mayor's Advisory Committee on Senior Housing and Planning Department are pleased to forward for your action the Committee' s final report for Phase One. The Committee worked hard over the past four months exploring the policy issues regarding the ownership, management and development of the Kent Senior Housing Bond program. Contained in the attached report are recommended actions which will enable the City to move forward with the senior housing development. The Senior Housing Advisory Committee and Planning Department ask that you act affirmatively on this report by approving the Committee recommendations and four-item Action Agenda contained on page 20 of the report. The Council Planning Committee reviewed this report at its July 17th meeting. The Planning Committee recommends approval of the report and its Action Agenda with the following revised language for Action Item One. Action Item One: Ownership and Management The Mayor or Mayor Pro Tem is directed to negotiate with the King County Housing Authority a Housing Cooperation Agreement consistant with the final recommendations of the Senior Housing Advisory Committee for the purposes of owning and managing the Kent Senior Housing, with the final cooperation agreement to be aproved by City Council Ordinance. JS:JPH:ch Enclosure FINAL RECOMMENDATIONS OF THE SENIOR HOUSING ADVISORY COMMITTEE PHASE ONE Kent Planning Department July, 1990 FINAL RECOMMENDATIONS OF THE SENIOR HOUSING ADVISORY COMMITTEE PHASE ONE Kent Planning Department July 1990 MAYOR Dan Kelleher CITY ADMINISTRATOR Ed Chow Senior Housing Advisory Committee Steve Delmore - Chair Sharon Atkin Marvin Eckfeldt Tracy Faust Alice Gregory Ed Heineman Mike Hovland Dee Moschel Leona Orr Dan Watson Judy Woods Jim Hansen Fred Satterstrom Project Staff James P. Harris Planning Director Lin Ball Senior Planner Janet Shull Lead Project Planner Carolyn Lake Assistant City Attorney Tony McCarthy Finance Director Housing Consultant Tom Phillips SENIOR HOUSING ADVISORY COMMITTEE FINAL RECOMMENDATIONS PHASE ONE TABLE OF CONTENTS Page EXECUTIVE SUMMARY 1 CHAPTER ONE - INTRODUCTION 2 CHAPTER TWO - BACKGROUND 3 A. Ownership and Management 3 B. Development 5 C. Support Services 7 D. Senior Housing Field Trip 9 E. Public Meetings 10 F. Survey Results 11 CHAPTER THREE - RECOMMENDATIONS 12 A. Ownership and Management 12 B. Development 14 C. Support Services 16 D. Advisory Committee Role in Phase Two 19 CHAPTER FOUR - ACTION AGENDA 20 APPENDICES i Survey i Public Meeting Input iv Detailed Development Process vii EXECUTIVE SUMMARY The Senior Housing Advisory Committee was appointed by Mayor Kelleher soon after passage of the Senior Housing Bond issue in February of 1990. The Committee met from March through June of 1990 to evaluate options available to the City with regard to ownership, management and development of the senior housing. The Senior Housing Program is a three-phase project. Phase One is Policy Development, Phase Two is Site and Project Selection and Phase Three is Construction. The Committee' s work in this Phase One period of the senior housing program has resulted in a set of policy recommendations contained herein which require action by the Mayor and City Council. The background information contained in Chapter Two is included in the report to provide the reader with an overview of the issues and options considered by the Committee over a four month period which led up to final recommendations. The specific Committee recommendations are detailed in Chapter Three. These recommendations are further developed into an Action Agenda (detailed in Chapter Four) which are the specific actions being proposed to the Mayor and City Council. The following are those specific actions: 1. The City of Kent should enter into an Housing Cooperation Agreement with the King County Housing Authority for the purposes of owning and managing the Kent Senior Housing. 2 . The City of Kent should develop the senior housing utilizing a design/build/turnkey method which requires a single RFP for the purposes of selecting the senior housing site(s) , building (s) and design-development team(s) . 3 . The City of Kent should retain professional services for the purposes of overseeing the construction of the senior housing. 4. The City of Kent should ensure that the Kent Senior Housing consist of independent living units with the capacity to provide support services for some of the units. 1 CHAPTER ONE - INTRODUCTION The Senior Housing Advisory Committee had significant decisions to make in formulating recommendations regarding ownership, management, development, and to some degree, the character of the Kent Senior Housing. These recommendations are particularly significant because Kent' s senior housing is a real project, a place which Kent citizens will eventually call home. Specific Tasks completed by the Senior Housing Advisory Committee include: A. Evaluated the options available to the City for ownership of the senior housing. B. Evaluated the options available to the City , for developing the senior housing. C. Evaluated the necessity for support services in conjunction with senior housing. D. Evaluated the methods employed in other jurisdictions who have developed, or are in the process of developing, senior housing. E. Visited Senior Housing facilities to learn about the physical as well as programmatic requirements. F. Conducted two public meetings to gather citizen input on senior housing in Kent. G. Conducted a survey to solicit citizen input. The Committee was chaired by Steve Delmore. Staff from the Planning, Legal, and Finance Departments provided support for the Committee. A housing consultant, Tom Phillips, was retained to provide technical assistance to the committee. The Committee invited a number of professionals as guest speakers to address specific issues. Joni Ostegaard, of Foster Pepper Schefleman (FPS) provided the advice of bond council . Hugh Spitzer, also of FPS spoke on the creation of housing authorities and the structuring of housing cooperation agreements. Mike Marshall, former director of the Seattle Housing Authority' s Senior Housing Bond program, addressed the development process. The work completed by the Committee is considered to be the bulk of Phase One of a three phase Senior Housing Development Program. Phase One is the Policy Development phase, Phase Two is the Site and Project Selection phase and Phase Three is the Construction Phase. Council action on the Action Agenda contained in this report will complete Phase One and pave the way to moving on to Phase Two of the program. 2 CHAPTER TWO - BACKGROUND Ownership and Management The Senior Housing bonds cannot be sold until the City has established who will own and manage the housing once it is built. Further, by State Law, the City cannot own and manage housing. The Committee was advised by bond council in an early meeting, that the City has two primary Ownership/Management Options to consider. 1) The City can establish the Kent Housing Authority (KHA) by ordinance and sign a Housing Cooperation Agreement with the newly established KHA to own and manage the Senior Housing. (Ninety-two units is considered too few for a housing authority to manage econically. For this reason, the KHA would probably contract with a separate entity to manage the housing. ) 2) The City can enter into a Housing Cooperation Agreement with the existing King County Housing Authority to own and manage the Senior Housing. Tom Phillips prepared a summary of the pros and cons related to each of these options for the committee which were discussed at the March 27th meeting. These pros and cons are as follows: King County Housing Authority PRO: - Excellent track record as an owner and manager of assisted housing. - Can act quickly to sign a Housing Cooperation Agreement because it is an established organization. - The terms of the Housing Cooperation Agreement can be used to implement City policies. CON: - Housing would not be perceived as controlled by the City of Kent. - The City would have limited ability to change managers. - The long term goals of the Housing Authority may differ from the City of Kent. Kent Housing Authority PRO: - Senior Housing would be perceived as a City of Kent project. - Long term use of the housing could be more closely tied to the City' s goals. - The terms of the Housing Cooperation Agreement can be used to implement City policies. 3 - The Kent Housing Authority could undertake other Kent based housing initiatives. CON: - Time and money would be lost in organizing the newly created housing authority. Possibly six months and $335, 000. - The Kent Housing Authority would be an "unknown" group without an established track record. - There would be costs to the City involved in running a policy board. Estimated cost is $5, 000 to $8 , 000/year. _ Ninety-two units would not be enough for the Kent Housing Authority to manage economically. The KHA would have to contract out this function. Aside from these two primary options, there are a number of sub- issues to consider which were discussed by the Committee. The following are the sub-issues that were discussed as being pertinent to the Housing Cooperation Agreement that the City would enter into with either entity. A. Kent Residents should have priority status for available units. B. The City of Kent should approve the admissions and management policies for the senior housing. C. The City of Kent should make primary decisions regarding the siting, design and development of the senior housing in partnership with the entity who will eventually own and operate it. D. Ownership of the project should be transferred from the City to a housing authority after construction is completed. E. An oversight committee should be established to assure Kent' s interest in the management of the housing. F. The City' s interest in the future of the housing units must be secured through inclusion of a clause which deals with the eventual sale or change in use of the housing units by the housing authority. The City must approve the sale and/or change in use from that of senior housing. The agreement must address the fair distribution of the proceeds of any eventual sale. G. The City would be held harmless for the operation of the senior housing. 4 Development The second major policy decision to be made by the City is how the senior housing will be developed and by whom. The City must first decide who will own and manage the project, because it is very important to include the future owners and managers in the development process. Four different options for developing the housing were discussed by the Committee and are listed below with the advantages and disadvantages of each. It should be emphasized that all of the options would require that the project meet quality standards established by an oversight committee and all Kent building code provisions. Final site selection, as with all other major decisions would be made by the City Council . The Turnkey Process Under this option private developers find the sites, design the buildings, finance the development, build the structures and "turn the key over" to the building' s owner when it is finished. This is the method Seattle used to build most of its 1160 senior housing bond units. PRO: - This is probably the least expensive way to get the housing built because the City would utilize experienced developers engaged in a competitive process. - This is probably the quickest way to get the housing built because developers have more experience with the development process. - This is the standard way most government procurement processes operate. - This method would potentially give the City the most possible site and project choices. CON: - It would be difficult for the City to undertake broader community development objectives. - This method may work best where a large number of units are being built. - It would be costly to make changes in the plans submitted by the developer. (Michael Marshall former director of the Seattle Housing Authority Senior Housing Bond program spoke in favor of the turnkey process for large scale housing construction such as Seattle undertook. 5 However, he suggested that the City of Kent employ a design-build method, (discussed below) , as it requires a less detailed, and less time-consuming RFP process and allows for more flexibility in the final design and contract negotiations. ) Design-Build Process The Design-Build Process is similar to the Turnkey process in that the Developer would have the greatest degree of responsibility during project development. The key difference between the two is that in the Design-Build process, the City would be selecting a team and it the Turnkey process, the City would be selecting a protect. Typically, in the Turnkey process a developer will be asked to submit a fairly detailed site plan and building design which allows little room for modification once the project is selected. In -the Design-Build process, the development team will submit information on their experience with similar projects which will serve as the basis for selection. In a Design-Build process, the project design will be negotiated after team selection. PRO: - Allows for more flexibility in the project design as it is a negotiated process. The City would not be locked into a specific proposal. - If the negotiations go smoothly with the developer, process could move quickly. - If good faith negotiations the final price may be lower or the City may get more for their dollars. CON: - Public agencies prefer sealed bids. - The best development team may not have the best site. City Finds Site and Turnkeys the Rest The City finds the most suitable sites, selects a developer through a competitive process, and then the project is built on a "turnkey" basis as described above. PRO: - May offer better coordination with other community development decisions and community services. - The City could condemn property to obtain suitable sites using this method. CON: - The process would be more time consuming and cumbersome for the City. - Land prices tend to increase when a municipality gets involved in land acquisition. 6 City Finds Site and Directly Manacres or Subcontracts the Rest This method may be thought of as the typical bid process where the City would first acquire a site or sites, then undergo a bid process for a design team, and a separate bid process for a project developer. PRO: - Gives the City the most control over the entire project. CON: - This may be the most expensive option in time and dollars. - Since the City is not an experienced senior housing builder, costly mistakes could be made. -Since the design team and developer are selected separately, and would not work together throughout the process, project cost may be more difficult to control . Support Services The Committee studied this issue at great length as it impacts the other issues the Committee was charged with considering. Support services are essentially services that would be made available on- site that assist seniors who might have minor limitations in daily living activities. Examples of such services include: meals, health screening, chore services, and personal care services. In the course of the Committee's work the special needs of seniors were discussed in relation to the housing the City is developing. Just as the needs of families with children (playgrounds and day care facilities) , or the needs of the handicapped (accessibility) , are considered in public housing programs, so must the specific needs of senior citizens be addressed. The Assisted Housing Committee, whose work resulted in the senior housing bond program, recommended in it ' s final report (August, 1989) that in implementing a senior housing program a minimum of one third of the units provide congregate care services. The Senior Housing Committee took this recommendation under advisement. With the help of the housing consultant the committee reviewed the components of congregate care as the State defines it and related it to the various needs that seniors may have to enable them to continue to live independently. The Committee came to the conclusion that the degree of care provided with full congregate care was more than what was considered in the Assisted Housing Committee recommendation and further was more than most seniors who would live in the Kent housing would need or want. In visiting other senior housing sites and reviewing material 7 provided by the consultant, the Committee came to recognize that some level of support services will be necessary as seniors continue living in the housing and become more frail with age. The Committee initially studied three support service options: 1) No support services/independent living, 2) Independent living with support services and 3) Full congregate care facility as defined by State. After much discussion by the Committee these options became: 1) Independent living with support services implemented initially, 2) Independent living with potential for future support services built in, and 3) Independent living with no provision for support services on site. The Committee looked at the pros and cons of these alternatives: 1) Independent living with support services implemented initially. PRO: - Avoids the awkward policy decision of when in the future to provide services if option 2 is implemented. - Ensures the services will be available upon move-in for those in need and will be there for those who need them later. - Avoids future problems which may arise with an aging population if option 3 is implemented. - May make the housing a feasible option for a greater number of seniors. - These service amenities may be a selling point for seniors and their families. - Allows for aging in place, preventing residents from being forced to move because of failing health. CON: - Would increase rents because of extra staffing required. - Some very vocal citizens have spoken out against this alternative - will require extra education effort by City staff and Committee members. - Some potential residents may feel they do not want or need extra services initially. 2) Independent living with potential for future support services built in. PRO: - Ensures that services may be made available when needed by a given percentage of residents. - Does not force the idea of services on those who do not support them but does not preclude them either. - May be a selling point for seniors and their families - 8 services may be available when needed in future. CON: - Would be awkward to implement. Would need to be able to determine when critical number require/desire services. - Once implemented, would .need to adjust rents and begin charging meal service fees of those who have not been paying these fees from onset. May be resistance to change. - Building a fully equipped kitchen and office space which would not be used initially may seem wasteful to public. 3) Independent living with no provision for support services on site. PRO: - Some very vocal citizens have supported this option. - Monthly rents would be less as there would be less staff required. - Could theoretically build additional units with money saved from commercial kitchen and common areas. CON: - Precludes provision of services as population ages unless City could retrofit building to provide service facilities. - As population ages individuals ' quality of life may deteriorate if unable to perform activities of daily living without extreme difficulty. - Some residents may be forced to move to another facility or a nursing home long before nursing home care is required. - Limited common areas may affect quality of life issues. The Committee feels the City should take a position on the issue of support services in the Policy Development Phase. By taking a position now, the City will guide future decisions that are made regarding Housing Cooperation Agreements and development guidelines which will need to be implemented in the next phase of the senior housing program. senior Housing Field Trip Committee members went on a field trip to visit both a public and a private senior housing facility. They visited Broadway Plaza in Everett which is operated by the Everett Housing Authority and was financed by a bond program. They also visited Brighton Court in Lynnwood which is a privately owned and operated senior community. The Committee found this experience very helpful in putting into perspective what may be accomplished by Kent' s own senior housing program and learning about the special design and programmatic requirements of senior housing. 9 The bulk of useful information was provided by the director of the Everett housing program. Lessons learned from the Everett facility included the importance of providing adequate common spaces and storage space and the increasing need for services as seniors age in place. The staffing needs increased over the years in Broadway Plaza as residents aged and required additional assistance with daily living activities. The Director also pointed out the benefits their meal service provided to the residents. Besides ensuring one nutritious meal a day, the required attendance at the dinner meal served as a way to check in with all residents to ensure their health and involvement in the resident community. In comparison, the private housing in Lynnwood was more luxurious. It had more common space, more organized programs and activities and much higher monthly rent. However, the size of a one bedroom unit was about the same as those at Broadway Plaza. Public Meetings The Senior Housing Advisory Committee held public meetings on May 21st and June 5th, 1990 to gather citizen input and comment on what they felt was important in Senior Housing. The discussion centered around four topic areas; location of the housing, locational characteristics, characteristics of the housing itself and other concerns. The areas which received the most discussion were housing location and characteristics of the housing itself. There were strong advocates for both Downtown and East Hill locations as well as advocates of the merits of being located near shopping and other services as opposed to a quiet, traffic-free setting. When discussing the housing itself, people spoke of the necessity to keep rents to the minimum and keep the housing simple. On the other hand, people also felt it would be nice to have amenities such as swimming or walking areas on site, washer and dryer hookups in every unit and. meeting and recreation rooms. The complete list of comments and ideas generated at the public meetings is fairly lengthy and is therefore included in the appendix. 10 Survey Results The Committee conducted a survey in May of 1990 to address many of the same issues that were addressed in the Public Hearing Format. The 83 responses are summarized in the Appendix. Many similar comments were gathered by the survey. Again, the majority of respondents who had a site preference had mentioned either Downtown or East Hill. Over 80% of the respondents had indicated that at least one of a list of potential on-site services indicated on the questionnaire should be included. When asked to indicate preferred unit size, the ranking was One- Bedroom, A mixture of unit types, and Two-Bedroom in that order. Most respondents indicated that a rent range of $200-250 a month would be affordable to most seniors, but some respondents cautioned that rent, should be according to income or lower than any of the choices indicated on the questionnaire. 11 CHAPTER THREE - RECOMMENDATIONS Ownership and Management After reviewing the two ownership and management options and their respective pros and cons, the Senior Housing Advisory Committee recommends that the City: Enter into a Housing Cooperation Agreement with the Ring County Housing Authority to own and manage the senior housing effective upon completion of construction. In drafting this agreement the City needs to anticipate issues of importance in the management of the housing and include them in the agreement. The following are some of the issues the Committee recommends be considered in the agreement: 1. That at all times the Housing Authority use and administer the housing for the purpose of providing affordable housing for low income seniors. (Seniors would be defined as 62+ years of age with incomes less than 80% of the county median income. ) 2 . Priority for living in the senior housing will be given to Kent residents. 3 . Priority will be given to seniors with incomes less than 50% of the county median income. 4 . That the Housing Authority will set rents for the units at rates sufficient, but no higher than sufficient, to produce revenues which will be adequate to meet operating expenses, establish reasonable reserves for replacement, and establish a contingency reserve. 5. Include a reversionary clause which states that if a Kent Housing Authority (KHA) is created some time in the future, the senior housing owned and operated by the County Housing Authority, would be conveyed to the KHA. The conveying of the housing should be carried out in a way that avoids unnecessary costs to the King County Housing Authority. 6. The King County Housing Authority will not be subject to real estate taxes. This is in effect an additional subsidy provided by the City that will help to keep the rents low in the senior housing. 7 . The senior housing must be kept in good physical condition, including good physical appearance of the building and grounds. 8 . The Housing Authority will maintain separate accounts or a system of accounts for revenues and operating expenses of the 12 senior housing. Such records shall be audited by the state and subject to review by the City. Rationale Behind the Recommendation The Committee believes that this ownership/management option will best serve the interests of Kent seniors and the citizens who passed the bond, for the following reasons: a) Contracting with the King County Housing Authority will enable the City to move forward in a timely manner with development of the housing as the King County Housing Authority is an established entity ready and able to enter into a Housing Cooperation Agreement. bj Contracting with the King County Housing Authority will save the City time and money that would be lost in establishing, organizing and staffing a Kent Housing Authority. During the time it would take to set up a KHA, the cost of land, labor and materials will be increasing. c) By contracting with the King County Housing Authority for its services the City of Kent will have an experienced, professional staff available to manage the housing and assist in its development. d) By including a reversionary clause in the contract, the City retains the option for the housing to be owned and operated by a Kent Housing Authority at such time in the future when enacting a Kent Housing Authority may become feasible. As the first large-scale assisted housing project undertaken by the City, the successful operation of the senior housing is critical to the City' s future role in working toward realizing additional housing projects. The experienced management team afforded by the King County Housing Authority should give some assurance that the project will be properly managed and maintained. Citizens attending public meetings have been very interested in the City' s timeline for construction of the housing. Basically, people just want to see the housing get built as soon as possible. Establishing a Kent Housing Authority could cost the City as much as six months time and $250, 000-$300, 000 in project development costs. The successful development of the senior housing will also be 13 important to the City' s future in providing assisted housing. The King County Housing Authority has experience with housing development, and can assist the City in seeing the housing is built in a timely manner and to the City's standards. City officials, staff and citizens of Kent have expressed interest in seeing additional assisted housing projects undertaken. As the City of Kent becomes increasingly active in meeting the diverse housing needs of Kent residents, the feasibility of a Kent Housing Authority will need to be reconsidered. By including a reversionary clause in the Housing Cooperation Agreement, the City makes clear its intent to retain an interest in the senior housing project as it moves forward with additional assisted housing projects. As the City creates future housing units, a critical mass may be reached where it becomes prudent for the Kent Housing Authority to be enacted to own and manage the collective housing projects including the senior housing. Development Selecting the method to use for developing the senior housing is the most technical issue the City is considering. The Committee relied somewhat on the expertise of the staff and Housing Consultant in formulating this recommendation. The Committee reviewed four development methods which have been outlined in Chapter Two. These methods are: 1) Turnkey, 2) Design/Build, 3) City finds a site and turnkeys the rest, and 4) City finds a site and manages the rest. After reviewing the possible development methods and taking into consideration the staff and consultant analysis of these methods the committee recommends the City employ a hybrid of the Design/Build and Turnkey methods. The Committee further recommends that the city oversee the development process. This is permitted by State Law and will give the City the most control over the development of the housing. The Design/Build/Turnkey process the Committee is recommending would work as follows: The City issues a request for proposals/sites from private developers. Developers submit schematic designs for the senior housing on sites they have selected. These proposals include a maximum cost per unit. The City then selects the proposal (s) with the site(s) that best meet its senior housing goals. The developer(s) selected then do final working drawings and specifications for the building(s) . Final working drawings are 14 carefully reviewed by City staff. Once approved, the developer builds the building using funds provided from the Senior Housing Bond proceeds. Once the building is completed to the satisfaction of the City, a final payment is made to the developer and the keys to the building are turned over to the City. (A more complete description of this method is provided in the appendix. ) In relation to the above recommendation, the Committee is recommending that the City should hire a project manager to oversee the construction of the senior housing. This person would be responsible for ensuring that the senior housing is built on schedule and to the City' s expectations. This position would likely be at least a half-time responsibility. Rationale Behind the Recommendation The Design/Build/Turnkey method places most of the responsibility for developing the project on private developers, but gives the City the ability to make the most important development decisions. By combining the Design/Build and Turnkey processes, the flexibility of the Design/Build process can be teamed with the cost and time control of the Turnkey process. Several key issues considered in this recommendation: 1. This is probably the quickest and most efficient way to get the senior housing built. The City must select a method of development that gets the housing built as quickly as possible as we are in the middle of a robust housing market in Kent and the region with the price of land and materials steadily increasing. 2 . This method is fair. It is a public bidding process which gives all interested parties an opportunity to be selected. 3 . This method gives the City choices . It allows the private sector to be creative in providing ways to meet the City' s senior housing goals. 4 . This method, because it is the quickest and is a competitive process, should result in the most units built for the amount of money available. 5 . The City does not have a readily available site for the housing. There is no site (s) that the City currently controls that has been identified as ideal for senior housing. 6. This is a competitive way to secure the land and potentially the least costly. Developers are experienced in purchasing property. The City avoids the cumbersome public real estate purchasing process. 15 7 . This method allows for a public process to review the sites and obtain neighborhood input. 8 . Using this method gives the City some leeway in modifying the building design to fit the city' s program for the senior housing. Hiring a project manager to work with Administration to oversee the senior housing construction would ensure that the project could receive one person' s full attention. Currently, the City utilizes existing staff in Administration to oversee the City's construction projects. While things have been going well, it does place a burden on the City' s Administration Department and limits the amount of attention the City can give to any one construction project. The expenses for the project manager would be paid from the proceeds of the bond. Support Services In Phase One the Committee was charged specifically with arriving at policy direction for City Council action. These Phase One actions regarding ownership, management and development are necessary to enable the City to sell the bonds. The issue of support services was not specifically mentioned in the initial committee charge, yet it has an important relation to the issues of ownership, management and development. In discussing support services the Committee has had the opportunity to review detailed information regarding the cost and need for services. However, there are many variables which will remain undeterminable until the City is further into the senior housing program. At this time, the Committee felt it was important to include support services in the framework of a policy recommendation. The committee recommends that independent living with support services for some of the units be provided in the Kent senior housing. The committee also recommends that this program be further developed in Phase Two of the program. The Committee forwards the following set of concerns which must be addressed in Phase Two, in implementing a support services program: 1. Rents must remain affordable to eligible Kent seniors. 2 . The provision of services must be economically feasible prior to implementing services and hiring additional staff. This may require establishing minimum numbers for those in need of services. (This may require additional market analysis in Phase Two. ) 16 3 . The necessary facilities must be built into the building initially. This would include a commercial kitchen, common dining facilities, office space for social service providers and common activity space. 4 . The City should contract for services with existing service providers in exchange for rent-free office space whenever possible to hold down the cost of services to residents. Rationale Behind the Recommendation The Committee feels this support services program allows for flexibility in service provision for an as yet undefined population of seniors. The Committee has heard a great deal of concern surrounding this issue with arguments pro and con. Most arguments have pitted the cost of services/affordability against the realities of an aging population. The following are some of the key issues leading to the Committee decision: - The Assisted Housing Committee forwarded its recommendation that at least one third of the senior housing units be designated as congregate care. - The Committee visited Broadway Plaza in Everett and learned from the staff that as seniors age in place the need for additional staff and services increases or quality of life suffers. - Mardi Gras Apartments in Kent, was pointed to as an example of an existing senior housing facility where the need for services has arisen but no service provision was initially planned. To provide services now, the facility must be adapted and this will be expensive. - A public opinion survey conducted by the Committee indicated that 80% of the respondents felt that at least one of the following additional services was important to include in the housing: meal service, chore service, personal care and health care. (See Appendix) - Research by Kent' s housing consultant based on a HUD marketing model for similar senior housing indicated that initially, approximately 42 seniors in Kent would be interested and eligible for the services we are considering. This interest could be expected to increase as the residents aged. The City needs to be sensitive to the cost of services and financial ability of Kent seniors to live in the housing once it is built. At the same time, if the City were to build senior housing without provision for the types of services we have determined to 17 be important to an aging population, the City may be precluding some income-qualifying seniors from being able to live in the housing. Further, seniors who have all their physical abilities upon move-in may require additional services in the future, and be forced to move if these services are not available. The City must not preclude the option of providing services in addition to housing now or in the future. If senior housing is comprised of independent living with support services it may be characterized as follows: 1. One main meal a day would be prepared and served on site to all residents for a monthly fee. 2 . Coordination with existing community services would be encouraged in exchange for providing rent-free space for such services within the senior housing. Examples of such services include: A. Chore Services* B. Personal Care Services* C. Visiting Resident (Valley Medical Center) D. Para Transit E. Other Services/Activities *need to be income eligible. 3 . The building itself would be characterized by slightly smaller independent living units, a commercial kitchen, common dining area and other community rooms such as laundry, social rooms and personal services rooms. 4 . Staffing would be comprised of: Building Manager Clerk Social Worker (part time) 3 Resident Staff (part time) 18 Advisory Committee Role in Phase Two The Committee has given consideration to its potential role in the processes which will follow Council action on these initial recommendations. There is an important role for an advisory committee to play in assisting staff in developing criteria for selection of a site/development team which will commence soon after Council action. The following is the anticipated scope of work in Phase Two: 1. Develop site and building design criteria. 2 . Develop a Request for Proposals (RFP) document and project/development team selection criteria. 3 . Release RFP and evaluate responses. 4 . Present selected proposals to the Council Planning Committee and Full Council for approval . Once the project team(s) and proposal (s) are selected and approved by Council, the advisory committee ' s role in Phase Two would terminate. Although the Committee members have made no formal recommendation regarding their role in Phase Two, they do feel there is a role for an advisory committee. The Mayor has also indicated that he would like to see the Committee continue serving in Phase Two. 19 CHAPTER FOUR: ACTION AGENDA The purpose of the Action Agenda is to outline the recommended actions the Mayor and city Council must take prior to the City' s engaging in Phase Two of the senior housing program. Action Item One• Ownership and Management The Mayor or Mayor Pro Tem is directed to enter into an Housing Cooperation Agreement with the Ring County Housing Authority for the purposes of owning and managing the Rent Senior Housing. The Housing Cooperation Agreement must contain the provisions outlined in Chapter Four of this report, and any additional provisions which are deemed necessary by the City' s Legal Department. Action Item Two: Development The City of Rent is to develop the senior housing utilizing a design/build/turnkey method which requires a single RFP for the purposes of selecting the senior housing site (s) , building(s) and design-development team(s) . This Action Item would be conducted as outlined in Chapter Three and the Appendix of this report. Action Item Three: Construction Process The City of Rent Administration is to retain professional services for the purposes of overseeing the construction of the senior housing. This Action Item would pertain to Phase Three of the senior housing program. Action Item Four• Support Services The City of Rent will ensure that the Rent Senior Housing consist of independent living units with the capacity to provide support services for some of the units. This Action Item must be further developed in Phase Two of the senior Housing program by the Advisory Committee and staff and must address the concerns outlined in Chapter Three of this report. 20 APPENDIX ONE: SENIOR HOUSING SURVEY RESULTS The following are the results of a survey conducted 1 b There Mayor' s Advisory Committee on Senior Housing in May of ere 83 respondents. 1. In what neighborhood would you like to see the senior housing built? Response Number Downtown 20 No Response/Unsure 16 East Hill/Benson Center 13 Kent-General 9 Kent Valley 8 Lower East Hill 3 West Hill 2 Midway, Panther Lake, 1 Scenic Hill and Meeker The following are comments written in relating to question #1: Near senior center, near #150 bus Wline, est on the St Green 104th River, b north Central Ave, south Central Ave, Johnny' s, West Meeker or Willis, near Mardi Gras Apartments. 2 . What services/amenities should be within walking distance of the senior housing? Shopping/Stores 40 Grocery Store 35 Medical Facility 17 Transportation/Bus Line 16 Drug Store 13 Senior Center 12 Post Office 8 Bank 7 Churches 6 Eating Places 6 The following were mentioned twice each: library, hair Salon, dentist, everything. The following were mentioned once each: City Hall, car repair, walking area, Fire Department, Fred Meyer, recreation facility, park. i 3. What services should be provided on-site with the housing? (Of the four services mentioned on the questionnaire, (meal, health care, chore service, personal care) , 66 of the respondents mentioned at least one of them. ) Health Care 46 Meals 45 Chore Service 43 Personal Care 27 Transportation Service 6 Laundry-Washer/Dryer 5 Social Hall 4 Secure Building 3 Grounds/Yard Maintenance 3 The following were mentioned twice each: Kitchen, recreation, parking. The following were mentioned once each: Information desk, swimming pool, manager, make services optional, ombudsman, tv/vcr, library, radio. 4. What size should the units be? One bedroom 32 Mixture 28 Two bedroom 18 Studio 2 Of those who indicated a mixture of units, studio, one and two bedroom units were mentioned with the following frequency: One bedroom 18 Two bedroom 15 Studio 5 5. What average rent do you feel Kent seniors would be able to afford? $200-250/month 38 $251-300/month 15 $301-350/month 8 According to income 6 None of the above 6 $351+/month 1 ii 6. Are you eligible to live in the Kent senior housing? (62 or older; annual income of $23,250 or less for one person) Yes 56 No 10 Don't Know 7 Are you interested in living in the housing? Yes 37 Maybe 22 No 21 If you are interested. . . would you consider moving within: () 1 year () 2-5 years () 5 or more years 1 year 22 2-5 years 21 5+ years 15 7 . Do you know someone, other than yourself, who would like to live in the senior housing? Yes 45 No 26 No answer 12 S . Are you a senior citizen? Yes 79 No 4 9 . Are you a Kent resident? Yes 58 No 25 iii APPENDIX TWO: PUBLIC MEETING INPUT The following are the comments and suggestions which came out of the two public meetings the Committee held: Location• 1. Should not be too far out. 2 . Should be on #150 bus line/need good bus service. 3 . Should be adjacent to services. 4 . Good site at 104th south of Johnny ' s where apartments are currently being developed. 5. Should have walking access to services. 6. Good site on 256th across from the Cake Box. 7 . Downtown Kent, convenient to services and transportation. 8 . Russell Road area. 9 . Close to parks and churches. 10 . Site across the street from Senior Center - on Smith between Jason and Clark, 623 E Smith - Currently for sale. il. City-owned property should be investigated. 12 . Not on a hilly site - flat. 13 . Find a site(s) that could accommodate more than 92 units - plan for future expansion. 14 . Look at the zoning and density possible on proposed site(s) . 15 . Leverage other City goals. . .Example. . .keep housing off East Hill. . .enhance goals for downtown redevelopment. 16. Approach development community for input on site availability. 17 . Downtown area is not pretty - not a good area for seniors . 18 . Rural area is prettier - preferable for seniors. 19 . Downtown is preferable - where the action is. 20. Multiple sites are preferable. 21. Locate on East Hill because of shopping and services. Location Characteristics: 1. Close to grocery and drug stores - car may not be an option. 2 . Close to public transportation (Metro) . 3 . Get services to the housing through leveraging. 4 . Site should accommodate handicap accessibility. 5 . Site should be on local access only road - not a main thoroughfare. 6 . Close to grocery not important because van service could be made available. 7 . Should not have to rely on van service for the 92+ seniors to do daily shopping. 8 . Should locate where best piece of available land is not necessarily the most services. 9 . Location should allow for greatest independence of residents. 10. Near new public library. 11. Near City parks and recreation, golf course and Mill Creek iv Park for example. 12 . Near Post Office and doctor. 13 . Location should be quiet and restful . 14 . Location should be away from train, heavy truck and auto traffic. 15. Suggestion that the City focus in on what the facility is before selecting the site. Housing Itself/Amenities: 1. Doctors and nurses should be available. 2 . Meal service should be provided. 3 . Exercise room. 4 . Gathering room. 5. Cleaning services. 6. Minimal services - too many services seniors will get lazy. 7 . Van service. 8 . Eating and cooking facilities. 9. Adequate parking. 10. Units that are slightly more than a studio. 11. One and a half bedrooms that will accommodate 2 people. 12 . Units that accommodate 2 persons. 13 . Visit Mardi Gras as an example of housing that works for seniors. 14 . Studios are good - some people like them. 15 . Mix should be 2/3 one bedroom and 1/3 two bedroom. 16. No studios. 17 . Send out specific detailed questionnaires to candidates who would live in the housing to get input on these issues. 18 . Survey local providers of housing to find out what works. 19 . Emergency call buttons in every unit. 20. Large storage area within building. 21. Secured entrances. 22 . Units designed for the handicapped. 23 . Opportunities to mix with people and exercise on site. 24 . Mixture of congregate care and independent living. 25. Options so that one would not have to cook. 26. Elevator if more than one story. 27 . Dormitory style units (private) . 28 . Showers are safer but seniors need the option to take baths as part of therapeutic treatments. 29 . Whirlpool tub available to all . 30 . Seats in showers. 31 . Laundry room. 32 . Cable TV. 33 . Social Hall . 34 . Telephones :in units. 35. Library room. 36. Limited meal service ok, but not full medical service. 37 . Preferred emphasis on long term living facility. 38 . Utilize existing community services - approach Chore and v Catholic Community Services about available services. 39 . Congregate care is a big need - something in between independent living and a nursing home. 40. No meal service because seniors can cook more cheaply for themselves. 41. Services should not be at the expense of housing affordability. 42 . Provide hookups for washer and dryers in each unit. If not used for this purpose may be used for storage. Other Suggestions/Concerns: 1. Coordinate with Police Department for services. 2 . Safety of neighborhood: do not locate near homes where ex- criminals live. 3 . Ensure housing is affordable. 4 . Community gardening facility and other outdoor activities. 5. Group activities director position. 6. Consider potential future development which might surround the housing site. 7 . Give the public input on specific things. 8 . Land for small golf course or walking paths on site. 9 . Sauna/swimming pool. 10 . Lighted walkways. 11. Develop admissions policy which gives priority to those with the lowest incomes. 12 . Rents should be based on 1/3rd of a person' s income. 13 . Don't make it a high-rise - no vertical slums. 14 . Soundproof rooms. 15. No matter who owns the building once it is built, City needs to ensure that Kent seniors are given priority. 16 . Housing needs to be maintained as senior housing, no chance for owners to convert to another use. 17 . Don't specify too many details in housing when it goes out to bid - may cause cost (and rents) to increase. 18 . Have a senior housing design expert involved in specifying details such as type of doorknobs, etc. 19 . If two bedrooms are included need to specify the number of occupants that must live in the unit (ex minimum of two) . 20. Apartments should be rented unfurnished. 21. May want to furnish some units for residents who may have been homeless previously. vi APPENDIX THREE: DETAILED DEVELOPMENT PROCESS The following is a detailed version of the development process presented in Chapter Four. 1) The City prepares a request for proposals (RFP) . In preparing this document the City will rely heavily on the recommendations from the Senior Housing Advisory Committee and the City Council. The RFP provides the only official basis which the developers have to determine what they should propose to the City. The RFP will be prepared by the City with assistance from the Housing Authority. The RFP will contain: A. A statement of the general purpose of the Kent Senior Housing Program. B. A statement describing the City ' s proposed program for the senior housing which would include providing independent living with support services and other program goals. C. A request that the developer submit proposals to the City with: preliminary plans, and outline of specifications, a development cost breakdown, evidence of site control, experience and qualification of the developer/builder and architect, and the developer builder's financial statement. D. A proposed time-line for the project. E. A description of how the developer will be reimbursed. F. A description of the basis of selecting the winning proposals. G. A statement describing other requirements the developer will have to comply with such as wage rate 2 . The City issues the RFP. As part of issuing the RFP the City will probably hold an informational meeting with prospective developers to answer questions. 3 . Proposals are reviewed. The City with the assistance of the advisory committee will review the proposals. Key factors such as cost, location, design, and experience of the development team will be vii considered. Hopefully, strong proposals will be submitted giving the City many alternatives to choose from. The City can, if the proposals do not meet the expected standards, reject all of the proposals and repeat the process or opt to proceed with an alternate process. 4 . A developer is selected. Since selecting a developer also involves selecting a site, there will be a public process before the final decision on selecting a developer and site. The City can choose more than one site and can go back to the developer to negotiate any desired changes to their proposal . 5 . A contract is signed with the developer. The City will then negotiate a contract with the developer(s) selected. The terms of the contract will be subject to the city' s approval of the final working drawings and specifications. This negotiation process should be the last place to make significant changes in the housing design. 6. Final working drawings and specifications are prepared by the developer. This should occur at the same time the developer is taking the housing through Kent ' s permitting process. 7 . Final Approval is given. The City after reviewing the final drawings and specifications gives its final approval for construction. 8 . Construction begins. The City assigns an individual to oversee the construction of the housing. Building the housing is the developer' s responsibility. Any work changes would have to be negotiated between the developer and the City, but every attempt would be made to avoid changes. The City will make payments to the developer based on the progress of the construction. 9 . Construction is completed, final inspection and approval is given and project is accepted. The City conducts a final inspection of the housing and once the final "punch list" changes are made, the project' s keys are turned over to the City. The City then turns the keys over to the. Housing Authority. viii CITY COUNCIL PLANNING COMMITTEE July 17, 1990 4 : 00 PM Committee Members Present Planning Staff Christi Houser Lauri Anderson Leona Orr Lin Ball Jim Harris Margaret Porter Other City Staff Janet Shull Carolyn Lake Planning Commission Representative City Administrator None Ed Chow WETLANDS INVENTORY (L ANDERSON) Senior Planner Lauri Anderson explained in detail the City of Kent Phase I Wetland Inventory Report. Lauri Anderson announced that last spring the City was awarded a grant from the Department of Ecology with a total project funding of $12 , 000 including a 50 per cent match of $6000 contributed from the City of Kent. Shapiro & Associates, Inc. (SHAPIRO) was hired to conduct the field investigation during the month of May. The inventory was completed by trained botanists, wetland ecologists, and soil scientists from SHAPIRO. In June, the final reports and maps were sent to the Department of Ecology for approval. During the week of July 9 , 1990, the approval was received. Copies of the Wetlands Inventory will become available to the public on July 18, 1990. A grant has been awarded from the Department of Ecology for the second half of this inventory for next spring 1991, which will include a wetland management program. The timing is ideal in that the Growth Management Act and possible Citizens ' Initiative mandate regulation of critical areas such as wetlands. The City' s obligation to compensate landowners as a result of any wetlands regulations was discussed. One question was brought up as to whether wetlands on a piece of property would enable the property totally to be developed. It was stated this is a touchy issue. If development were prohibited on a piece of property, the City might be responsible for purchasing the property. James Harris explained that the Planning Department will be more consistent in handling wetlands issues based on the present data. The Corps of Engineers can zero in on the specific wetlands. Attorney Carolyn Lake stated that the greater that any municipality or any government agency can show that the preservation of certain lands is necessary for health, safety or welfare issues, the less likely it is that regulations would be subject to a takings claim. With regards to the Wetland Inventory Report on page 7, Carolyn Lake commented on the phrase, "the inventory is considered conservative, probably taking in more area as wetlands than would occur from using the Unified CITY COUNCIL PLANNING COMMITTEE MINUTES OF MEETING OF JULY 17, 1990 Federal Methodology on each site to delineate the boundaries" . Carolyn said that based upon that statement, care should be taken that any future wetlands regulations not be tied to the inventory report. The purpose of this inventory was that it would flag the area in general and that the specific boundaries would then be staked out. Lauri Anderson explained there is a clear disclaimer on the map. No action was needed from the committee. The presentation from Lauri Anderson was for information only. SENIOR HOUSING - Janet Shull Planner Janet Shull presented the Final Recommendations of the Senior Housing Advisory Committee Phase One. The committee was appointed by Mayor Kelleher. They began meeting in March, 1990 and finished up in June, 1990 . The committee members also visited existing senior housing facilities and talked with their management staff. The Senior Housing Advisory Committee held two public meetings on May 21st and June 5, 1990. In the Appendix of the report is the tabulation of all the comments that were received from the two public meetings, as well as results from a survey with mostly senior citizens responding. The committee' s recommendations on page 1 of the report are as follows: 1) The City of Kent should enter into a Housing Cooperation Agreement with the King County Housing Authority for the purposes of owning and managing the Kent Senior Housing. 2) The City of Kent should develop the senior housing utilizing a design/build/turnkey method which requires a single RFP for the purposes of selecting the senior housing site (s) , buildings (s) and design- development team(s) . 3) The City of Kent should retain professional services for the purposes of overseeing the construction of the senior housing. 4) The City of Kent should ensure that the Kent Senior Housing consist of independent living units with the capacity to provide support services for some of the units. The committee was asked to forward to the Council the Action Items 1-4 on page 1 of the report (attached hereto) . The two main issues that were discussed were ownership and management (this pertains to Action Item One on page 20 of the report) . It was pointed out that the City cannot own and manage its own housing. 2 CITY COUNCIL PLANNING COMMITTEE MINUTES OF MEETING OF JULY 17 , 1990 Action Item One of the report was amended as follows: Amended Action Item One: Ownership and Management The Mayor or Mayor Pro Tem is directed to negotiate with the King County Housing Authority a Housing Cooperation Agreement consistent with the final recommendations of the Senior Housing Advisory Committee for the purposes of owning and managing the Kent Senior Housing with the final Housing Cooperation Agreement to be approved by City Council Ordinance. As follows a motion was moved and seconded: For the acceptance of the Senior Housing Committee Phase I Report, and approval of the Action Agenda (contained on page 20) with the Amendment to Action Item Number One (as stated above) . The motion was approved and shall be forwarded to the full council on August 7, 1990 along with the committee ' s recommendation for acceptance of the report. ADJOURNMENT The meeting adjourned at approximately 5 : 05 PM. 3 Kent City Council Meeting Date August 7. 1990 Category Other Business 1. SUBJECT: 2RAPe3E1e GLASS WORKS 6 1d EAST HILL f-)eE STPMO 2 . SUMMARY STATEMENT: The Council is requested to review and approve the jury's selection of dichroic cast glass artwork by Paul Marioni and Ann Troutner. These will be placed at the south entrance, on the east facing exterior window and on the north interior lobby window at the Headquarters Fire Station. The artists were selected by the jury in an open competition for the project. Mr. Marioni and Ms. Troutner have completed commissions for the Washington State and Seattle Arts Commissions and many private individuals and companies. LI'v f. s De,pfi, Sho �e� cl�a �, ���s o f -t ►-� f- C��1�✓v�k c�� 5 c] " s a r-, 1 e 4- Jh t-e, +-VvIt 4--hIs ,1s wv�c�l�d he �, 1 zt Fund- /ViANn� M D UC-b +h.0 t -�-h e (4 rttA)0 t b� M{. Mot C i o n I U,yJ Ms. Tr-o ufAe r b e C p PC 6', e-J LJ S (f,(.o Y)c! e cc. -Tl'i e V)q O 1 1, C rr ACTION• Council Agenda Item No. 4E FIf M4fe �� 5 Kent City Council Meeting Date August 7 . 1990 Category Bids 1 1. SUBJECT: SIGNAL MODIFICATION-84TH AND S. 208TH Dr, (�elj 2 . SUMMARY STATEMENT: Bid opening wasAJuly 17, 1990. Two bids were received, both of which exceeded the Eppgineering Estimate and available funding.5 .a. recommendiaAAKese bids be rejected, the specifications revised and the bids re-advertised. WNf TU SoMOV��• 1,A0A, SL' GOylC12c C � " e- rno H" Cara"e . 3 . EXHIBITS: Bid summary 4 . RECOMMENDED BY: Staf (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FIS PERSONNEL IMPACT: NO YES FISCAL PERSONNE NOTE: Recommended Not Recommended 6. EXPENDITURE UIRED: $ _ SOURCE OF S: 7. CITY COUNC ACTION: Councilme er J '�ni moves, Councilmember �( ° d" '1 seconds the bids received for the Signal Modification 84th and S. 208th Street roject be rejected, the specifications revised and the project re-advertised for bids. DISCUSSIO ACTION• Council Agenda Item No. 5A A Kent City Council Meeting Date August 7 , lids lr Category Bids 1. -SUBJECT: SIGNAL MODIFICATION-SR 516 and SR 167 WAs held On 2 . SUMMARY STATEMENT: Bid opening August 2, 1990. CCS rr'Ceived Ni ()a eC4r,'c, roc 6' ��- h (n e Gt w u.l G Vd, b( , 4 T� • a ci►�► s L� o f-e r m �' n of -f f lnt f-11 b i c� s Val, `d ✓ re CV vn ✓v1 e r7d s ' (�a� �` t b e a (S t f I rL St% 11/l 0 ✓L. Gc n s c- c�D 3 . EXHIBITS- None 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO /\ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE EXPENDITURE REQUIRED: $ _ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds the recommendation of the Public Works Director as to award of the Signal Modification SR 516 and SR 167 project be accepted. DISCUSSION• ACTION: Council Agenda Item No. 5B DEPARTMENT OF PUBLIC WORKS August 11 1990 TO: Mayor Kelleher and City Council FROM: Don Wickstrom 0� RE: Signal Modification 84th & S. 208th Bids for the Signal Modification at 84th & S . 208th were opened on July 17, 1990. Two bids were received both of which exceeded the Engineering Estimate and available funding. Motion: Authorization to reject bids received 7/17/90 for the Signal Modification at 84th & S . 208th and to revise specs and readvertise for bids. BID SUMMARY TOTEM ELECTRIC OF TACOMA $58, 108 . 00 SIGNAL ELECTRIC, INC. $57 , 946 . 00 ENGINEERS ESTIMATE $44 , 146 . 00 1-6 DEPARTMENT OF PUBLIC WORKS August 7, 1990 TO: Mayor Kelleher and City Council FROM: Don Wickstrom }���rJ RE: Signal Modification SR 516 & SR 167 Bid opening for the Signal Modification at SR 516 & SR 166 is scheduled for August 2 , 1990. The Director of Public Works will review the bids received and make a recommendation as to award. Motion: Councilmember moves, Councilmember seconds the recommendation of the Public Works Director as to award of the Signal Modification SR 516 and SR 167 project be accepted. CONTINUED COMMUNICATIONS A. R E P O R T S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTEE D. PLANNING COMMITTEE E. PUBLIC SAFETY COMMITTEE r F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS It i MEMORANDUM DATE: July 31, 1990 TO: Mayor Dan Kelleher City Council FROM: City Attorney's Office SUBJECr: NIKE MANOR This is sent as follow-up to the request made at the last Council meeting to look into concern of citizen Floyd Bacon regarding Nike Manor. Mr. Bacon's concerns were two-fold: 1. Concerns about truck jDarkina: Ed White of Engineering investigated this complaint. He spoke with Mr. Bacon. He also made a couple of site visits. He determined that the parking complained of is being done by 1, 2, or at most three specific trucks, the owners of which probably live in the neighborhood. Ed notes that the gravel shoulder in that area is 15 feet wide. The trucks which occasionally park there are 8 feet in width, and do not represent a visibility or safety obstruction problem. Under the criteria used throughout the City, this situation does not appear to warrant the legislative action of an ordinance prohibiting truck parking- Ed has discussed this with Mr. Bacon, and advised him that the truck parking situation appears to be isolated incidents. Ed suggested that Mr. Bacon record the license number of the truck and advise Ed. The owner can then be contacted, and alternative truck parking locations can be suggested. If the parking increases, then perhaps the need for the ordinance can be re-evaluated. 2. Nike Manor Barricade: Apparently, there exists a barricade within the Nike Manor property which is placed on 35th Street. The barricade prevents traffic from going down 35th Avenue, in an attempt to avoid the traffic signal at Military and 248th. Mr. Bacon expressed concern at the last Council meeting that this barricade might be taken down, and the result would be increased traffic in the residential neighborhood. It should be noted that the barricade is within the federal property site, and is not within the jurisdiction of the City of Kent Public Works Department. However, this office contacted Don Watson of the King County Housing Authority. Dan represents the King County Housing Authority as one of the agencies who has submitted the joint application for operating a homeless project. Dan advised that, although he is not aware of the exact barricade of which I spoke, he wanted to emphatically stress that he and the other agencies have absolutely no plans to charge the traffic patterns within the project. Their interest is in preserving the residential character of the neighborhood. Accordingly, citizens should be reassured that there are no plans to remove the barricade or alter the traffic patterns that currently exist. CITY OF Dan Kelleher, Mayor Don E. Wickstrom, P.E., Director of Public Works The City o/Kent Celebrates Its First 100 Years i PUBLIC WORKS C01414ITTEE JULY 17 , 1990 PRESENT: Jim White Paul Scott Leona Orr - Tim Heydon Don Wickstrom Tony McCarthy Ed Chow Cliff Craig Gary Gill May Miller Bill Williamson Lyle Price Authorization to Surplus Equipment Wickstrom reviewed Equipment Rental ' s request to surplus two tractors. Jim White expressed concern about the fact that these two tractors are comparatively new and stated he didn 't feel the number of hours was excessive. After discussion, White asked that Tim Heydon cheek with the manufacturer to determine what their recommendation would be on replacement. and bring this back to Committee at their next meeting. G. E. Appliance Cleanup - Waiver of Insurance Requirement Williamson explained to the Committee he was seeking authorization to waive the insurance requirement for the G. E. Appliance cleanup operation. Williamson stated the cleanup operation is relatively small and he felt the City would be adequately protected with a hold harmless agreement. The Committee unanimously recommended approval . Public Works 1991 Budget The remainder of the meeting was spent in review of the proposed 1991 Public Works budget. 220 4th AVE.SO., /KENT,WASHINGTON 98032-5895!ENGINEERING (206)859-3383-OPERATIONS(206)859-3395 i FAX N 859-3334 a � PUBLIC WORKS COMMITTEE JUL 1 1990 JULY 3 , 1990 CITY 0t t:,,? CITY CLERK PRESENT: Jim White Ed Chow Leona Orr Tony McCarthy Steve Dowell Scott Williams Don Wickstrom Jack Roberts Gary Gill Mr. & Mrs. Rust Bill Williamson Tim Heydon OVERLOOK ANNEXATION Jack Roberts explained to the Committee that he currently owns approximately 13 acres in the vicinity of the proposed annexation, half of which is in Kent, half in King County. At this time there are no definitive plans for development but would prefer not to deal with two municipalities. Thus, that is the primary reason for requesting annexation. They plan to do feasibility studies on development this winter. Their current project, Overlook Apartments, is not affected by this proposed annexation. Wickstrom added he has calculated an annexation takes approximately 60 hours of staff time. Gill added that a good portion of this time depends upon whether the City prepares the staff report and notice of intent or requires the developer to do same. After discussion, the Committee approved the reduced annexation subject to the petitioner preparing the Boundary Review Board staff report and notice of intent for review by our staff before submittal . It was noted that this will fit into an already heavy workload for Public Works staff. PROJECT AND STAFFING REPORT Wickstrom presented a report to the Committee for their review and information prior to their review of the 1991 Public Works Budget. Wickstrom explained he has developed a potential funding package for Public Works capital improvement projects. The funding means a commitment to these projects of all the additional gas tax money generated from the gas tax increase, commitment of the revenue generated by the County ' s vehicle registration fee (if passed) , instituting the LID' s for the projects and instituting a street utility which could generate a net of approximately $800 , 000 per year. Wickstrom explained there are five grants and four jurisdictions involved in the 192nd/196th Corridor. The Transportation Improvement Board would like to have all the grant applications simultaneously. Thus, the jurisdictions have to agree on terminus points, develop their applications and submit at the same time. After funding is approved, we would have one year to certify that our matching funds are available. Additionally, TIB has over obligated their funds by 3 : 1 ; thus, there could be a negative cash flow by 1992 . If construction grants for our PUBLIC WORKS COMMITTEE JULY 3 , 1990 PAGE 2 projects are not approved by that time, we may not receive funding. Wickstrom clarified that a street utility would not affect the proposed TBD but a voter approved bond issue would. The money generated by a street utility can only be used for street maintenance and operation and can not divert any funds already budgeted for maintenance and operation. White asked if a street utility were formed how much longer would we need to continue to budget for maintenance. Wickstrom referred to one of the tables in the Committee ' s packet which assumed everything in place in 1990, he estimated having to budget for maintenance through 1995 . Wickstrom explained that the street utility revenue, however, could be a disappearing revenue. If the regional government (Metro) institutes an employer tax, the City would only receive the difference between Metro ' s charge and the City revenue. If the street utility is not formed, there would be no revenue to credit toward Metro' s fee. White stated he has been supportive of a street utility for several years and he would continue to be supportive of it. White continued that it is one of the many funding mechanisms we will have to use to address the traffic situation. Wickstrom explained this funding scenario is the first decision that has to be made. If the growth initiative passes, it repeals the legislation that has been passed recently and would mean the gas tax increase is repealed. But for now, we will get the gas tax, the County appears receptive to the vehicle registration fee, the City has sold $2 , 000, 000 in Councilmanic bonds and another $3 , 000, 000 is scheduled and there is $800, 000 in cash. White asked about the personnel issue. Wickstrom stated that first a decision needs to be made on the utility. If that is affirmative, then the personnel issues will have to be addressed. Wickstrom added we will review this again in budget meetings. Wickstrom indicated these are the only two alternatives - either a street utility or a voter approved GO issue which would be detrimental to the TBD. Dowell asked on whom a street utility is imposed. Wickstrom responded it is imposed on businesses in terms of number of employees and on residents in terms of single family residences or equivalent. Addressing the personnel issues, Wickstrom stated he had provided information in the packet showing our workload. Approximately 11 full time equivalents (FTE) are required to handle those projects already under contract. White inquired if we were looking for consultants to assist. Wickstrom replied that we were but we would still need staff to manage the consultants. In addition, we would need an attorney to address the complex legal issues of the corridor projects. For example, 272nd/277th Corridor is totally outside the City; the west leg of the 196th Corridor is primarily PUBLIC WORKS COMMITTEE JULY 3 , 1990 PAGE 3 outside the City; the middle portion of the 196th Corridor is in the City but it goes through a Superfund site. Williamson added that will require a great deal of legal time just addressing the closure issues. White asked Administration to provide an analysis of the Public Works Director' s proposal and to have it back to them within a couple of weeks. CITY LIMITS SIGNS Tim Heydon stated that three objectives had been identified in studying the issue. One is identifying the city limits for police, city crews, and citizens; another is notifying drivers that Kent' s speed limit is 25 MPH unless otherwise posted and the third is welcoming them to the City. It didn't seem possible to meet these objectives with one sign. Heydon proposed placing a regular City limit sign with the "25 MPH unless otherwise posted" message at the actual boundary of the City , then a sign indicating the actual speed of the street if different than 25 MPH, and then place the "Welcome to Kent" sign a little further in. Heydon displayed a sample plan for the Committee. On those residential streets that are also a City boundary, rather than a greeting sign, the City limit sign would be more appropriate. Conversely, when entering the City from the freeway, while not going across the city boundary, there should be a "Welcome to Kent" sign. Heydon displayed a map indicating the proposed locations of the greeting signs. Mrs. Rust asked about the Kent sign on West Valley Highway and 228th. Wickstrom explained that sign was a SEPA requirement as part of the mitigation for the project as required by the City' s Image Committee which is no longer an existing Committee. Heydon continued that the actual design and locations will be brought back before the Committee at their meeting in Kent.