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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 09/18/1990 ....... ...... N- 777 x 777 City of Kent MeetminCRY Council Agenda 5� a; .-y eti xx Mayor Dan Kelleher Council Members Judy Woods, President Leona Orr Steve Dowell Christi Houser Jon Johnson Paul Mann Jim White X: .... September 18, 1990 ...... X:, . Office of the city Clerk ;I ... Mix, :�:xXx x . .. ..... rep at CITY COUNCIL MEETING PC) IK September 18, 1990 Summary Agenda C �' City of Kent urPci1thambers A 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. PU LIC COMMUNICATIONS Proclamation Constitution Week Proclamation - National Arts Week Proclamation - Walk for Health Week 8,--_. King County Library System 2 . P LIC HEARINGS �'j� +0 Economic Development Corporation - Resolution rc. s� 1991 Community Development Block Grant Program G _ Growth Management Advisory Ballot - Resolutionla,,- 3 . CO SENT CALENDAR 9 FL} Minutes Bills Senior Housing Technical Assistance FAUS Funding Proposed Allocation Method Change 228th Street Acquisition LID 331 - 240th Street Improvements 4. ER BUSINESS Harvey Preliminary Subdivision SU-90-3 Appeal - Minshull/Wagner Rezone - Prosecutor Services Staff 5. ><S Signal Modifications - 84th Ave. So. & S. 208th St. 6. COONTINUED COMMUNICATIONS 7.>66E ORTS 8.i DJOURNMENT PUBLIC COMMUNICATIONS Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A. Proclamation - Constitution Week B. Proclamation - National Arts Week C. Proclamation - Walk for Health Week D. Bill Ptacek, Director King County Library System Kent City Council Meeting Date ��*+tember 18. 1990 Category Public Hearina 1. : ECONOMIC DEVELOPMENT CORPORATION - RESOLUTION 2. SUMMARY STAB-- The Baer Family Partnership has applied for industrial development bond financing tthrough he amountthe City of Kent Economic Development Corp on ion, construction and $3,000,000 to be used for the acqui equipping of manufacturing facilities for the processing of meat lc located 7gStreet in Kent. Proper egal notice has been given for this hearing. The Baer Family Partnership application for industrial revenue bonds was approved by the EDC at a special meeting held at , 5:30 p.m. this date. 3 . EXHIBITS: Resolution 4 . RECOMMENDED BY: EDC Board (Committee, Staff, Examiner, Commission, etc. ) vTcCnT /PERSONNEL IMPACT: NO X YES FISCAL L 5. ED Not Recommended FISCAL/PERSONNEL NOTE: Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: 7 . CITY COUNCIL ACTION: -' moves, Councilmember seconds Councilmember lution J,A approving the issuance of to adopt City of Kent Reso industrial revenue bonds in the amount of $3, 000, 000 and approving Resolution 1990-50 of the EDC authorizing the sale of the bonds to provide funds for the project. DISCUSSION• ACTION: Council Agenda Item No. 2A RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent approving the issuance by the City of Kent Economic Development Corporation of its Industrial Revenue Bonds, 1990 (Baer Family Partnership Project) in the principal amount of $3 , 000, 000 pursuant to Chap. 39 .84 RCW; and approving the resolution of said public corporation authorizing said bonds and other documentation in connection with the issuance of said bonds. WHEREAS, the Legislature of the State of Washington has provided for the creation of public corporations by municipalities, including cities, pursuant to Chapter 300, Laws of Washington, 1981 (Regular Session) codified as Chapter 39 . 84 RCW, as amended (the "Act") , for the purpose of facilitating economic development and employment opportunities in the State of Washington; and WHEREAS, pursuant to the Act, the City Council of the City of Kent has, by Ordinance No. 2419, created and approved the charter of a public corporation, designated as the "City of Kent Economic Development Corporation" (the "Development Corporation") to carry out the purposes of the Act; and WHEREAS, the Development Corporation has received an applica- tion from the Baer Family Partnership (the "Partnership") for the financing of the acquisition, construction and equipping of manufacturing facilities for the processing of meat products (the "Project") to be located at 7622 S. 188th Street within the boundaries of the City of Kent (the "City") ; and WHEREAS, the Development Corporation has reviewed the appli- cation of the Company, has determined that the Project qualifies as an "industrial development facility" within the meaning of the Act and by Resolution No. 1990- adopted on September 18, 1990, has authorized the issuance and sale of its Industrial Revenue Bonds, 1990 (Baer Family Partnership Project) in the aggregate principal amaount of $3 , 000, 000, the proceeds of which will be loaned to the Partnership pursuant to a Loan Agreement dated as of N September 1, 1990 (the "Loan Agreement") between the Development Corporation and the Partnership; and WHEREAS, the Act requires that the governing body of the creating municipality approve the resolution of the Development Corporation authorizing the issuance of bonds by the Development Corporation; and WHEREAS, the Act also provides that each county, city or town within whose planning jurisdiction the Project is to be located must approve the issuance of bonds by the Development Corporation for such Project; and WHEREAS, the Development Corporation has requested such approvals of the City pursuant to the Act; and WHEREAS, the City Council of the City has been assured that there will be no financial liability accruing to the City as a result of such approvals and that its planning jurisdiction approval shall constitute approval solely for the purpose of permitting the Development Corporation to proceed with the issuance of such bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, as follows: Section 1. The City Council does hereby approve the issuance of the Bonds by the Development Corporation in the aggregate principal amount of $3 , 000, 000 for the purposes therein described and referred to in the recitals of this resolution and 2- K\ZSP%20093-00.002%2rvkPPROV.OQP in the Bond Resolution and the agreements to issue the Bonds therein expressed and approved, copies of which are on file among the records of this meeting, in accordance with RCW 39.84 . 100. Section 2 . The City Council hereby also approves the issuance of the Bonds pursuant to the requirement of RCW 39. 84 . 060 for planning jurisdiction approval of the Bonds. This approval shall not in any way be deemed to be a review or final approval of any development permit for the Project which may be in process, or may be submitted at a future date. Section 3 . This resolution shall take effect immediately from and after its adoption. ADOPTED by the City Council of the City of Kent, Washington, this 18th day of September, 1990. CITY OF KENT Mayor ATTEST: Clerk APPROVED AS TO FORM: City Attorney —3— Y-,VS1120093-00.002�2n4PPROV.OQF .................. Kent City Council Meeting Date September 18, 1990 Category Public Hearing 1. SUBJECT: 1991 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) 2 . SUMMARY STATEMENT: This public hearing will consider adoption of the 1991 Community Development Block Grant (CDBG) Program as recommended by the City Council's Planning Committee. 3 . EXHIBITS: Staff memo, proposed 1991 CDBG program summary, project descriptions, Planning Committee minutes dated 9/4/90, Human Services Committee minutes dated 6/28/90 4. RECOMMENDED BY: Planning Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $219,719 SOURCE OF FUNDS: Federal Community Development Block Grant Funds OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember " seconds to approve the 1 91 Community Development Block Grant Program as presented. DISCUSSION• V�1 ACTION. C4 Council Agenda Item No. 2B arr cF l KENT PLANNING DEPARTMENT September 12 , 1990 MEMO TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS FROM: LIN BALL, SENIOR PLANNER SUBJECT: KENT'S 1991 PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) Attached is a copy of the proposed 1991 Community Development Block Grant Program as recommended by the City Council' s Planning Committee. The 1991 CDBG Program Year is a 12-month period from January 1, 1991 through December 31, 1991. The total amount for the proposed program is estimated at $219 , 719 for a twelve month program year. A maximum of $29, 638 of these funds can be used for public (human) services, and a maximum of $926 for planning and administration. Also attached is a narrative description of all the recommended projects. The human services portion of the proposed 1991 Program was reviewed by the Human Services Commission. The Commission' s recommendation was made to the Council Planning Committee on " September 4 as part of the staff' s proposed 1991 Program. The Planning Committee reviewed the proposed Program and recommended approval as presented. You will note in the Planning Committee recommendation that there are contingencies spelled out for how project funding would be adjusted if the City were to receive a higher or lower amount of funding than what is estimated by the .County. It is necessary to do this each year because it is possible that the projected Federal Entitlement may change when the federal budget is adopted sometime this fall. One CDBG program which the City has funded for the last five years is not included in the proposed 1991 CDBG Program. This is the Kent/Renton Rental Rehabilitation Program. This program has been administered by the City of Renton with the City of Kent paying a small portion ($8, 000-10, 000) of the funding for the staffing costs, and Renton paying the remainder. The large amount of funding required for the actual rehabilitation has come from a Federal Rental Rehabilitation Program entitlement. This project has been eliminated in 1991 for two reasons: 1) The future of the Federal Rental Rehabilitation Program funding is currently under debate in Congress, with the very strong possibility that the funding will disappear in 1991; and 2) The City of Renton has decided to eliminate the program in 1991, due to the uncertainty of the funding and the desire to fund other projects. It is unfortunate that the federal funding and Renton's commitment to the project are Mayor Dan Kelleher and City Council Members September 12, 1990 Page 2 disappearing, as we feel this has been a successful program. Throughout the life of the program, a total of 96 units have been rehabilitated. Even though the Program is being phased out at this time, we may want to reinstate it at some time in the future if funding should again become available. Fortunately, discontinuance of the Kent/Renton Rental Rehabilitation Program does not remove the opportunity for property owners within the City of Kent to receive rehabilitation assistance. Rental units in the City of Kent will still be eligible for loans through the County's program which should continue regardless of federal funding. Recommended Action We recommend that the City Council adopt the 1991 Community Development Block Grant Program as recommended by the Planning Committee including the contingencies for reduced or increased funding. The adopted Program must be forwarded to King County by October 5, 1991. LB:ch Enclosures PROPOSED 1991 CITY OF KENT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM TOTAL ESTIMATED AMOUNT OF CDBG FUNDS AVAILABLE: * $219,719 1991 Human Services Ceiling $29 , 638 1991 Planning & Administration $926 Recommended Project Type Funding Level 1. Planning & Administration Administration $926 2 . City of Kent Housing Repair Service Program Housing Rehab $134, 055 3 . Kent Community Clinic Facility Expansion** Construction $5, 000 4 . KVYS Transitional Housing for Homeless Teenspa(eni"5 Rehab/Relocation $25, 000 5. Children' s Therapy Center Handicap Accessibility Construction $111100 6 . SKKMSC Transitional Housing Rehabilitation** Housing Rehab $14 , 000 7 . Kent Community Clinic Health Services Human Services $12 , 178 8 . YWCA Emergency Housing Program Human Services $17 , 460 TOTAL $219, 719 Applications not recommended for funding: Kiwanis Tot Lot #1 ($391842 requested) ; Tot Lot #4 ($43 , 018 requested) ; and Washington Women's Employment and Education ($5, 600 requested) . *If the CDBG entitlement is reduced, it is recommended that a percentage, proportionate to the amount of funds allocated, be extracted from each project. **If the CDBG entitlement is increased (or additional program income or recaptured funds are received) , it is recommended that the total be divided, proportionate to the amount received, between SCKMSC Transitional Housing Program and the Kent Community Clinic "' Expansion Program. CITY OF KENT 1991 HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1. PLANNING & ADMINISTRATION The amount of funding allocated for Planning & Administration has been substantially reduced this year. This small allocation will be used to pay for training, communications, and supplies for the CDBG program. 2 . CITY OF KENT HOUSING REPAIR SERVICE PROGRAM Kent CDBG funds have financed a housing repair program for the last fifteen years. Funds are used to perform both minor and major repairs on needy owner-occupied housing. Homes located within the Neighborhood Strategic Area (NSA) , which is a targeted low-income area that includes the downtown and portions of the valley and the lower east hill, receive priority over other homes in the City. Where appropriate, homeowners participate in the work through a self-help arrangement. All .beneficiaries are screened to ensure income eligibility requirements are met. For the past two years the Housing Repair Service Program has included a summer painting program. This program has provided exterior paint to sixteen homes in the NSA. 3 . KENT COMMUNITY CLINIC FACILITY EXPANSION The Kent Community Clinic provides health care for low- and moderate-income families in Kent and the greater, Kent area. Proposed CDBG Human Services funds will be used for expansion of the clinic. In 1990 the Clinic received CDBG Capital funds to expand the existing facility by approximately 625 square feet. Due to the increase in wages and design costs additional money is required to complete the facility expansion. The CDBG capital funds recommended for this project will ensure that the expansion is completed and additional patient rooms and office space are available. 4 . KVYS TRANSITIONAL HOUSING FOR HOMELESS TEENS Kent Valley Youth Services (KVYS) has proposed a transitional housing project for homeless teen parents. A ten-unit apartment located on Third Avenue S. in the South of Willis neighborhood will be the future site for this program. KVYS has leveraged over $400, 000 for rehabilitation from the Housing Trust Fund, a state administered program, and the Housing Opportunity Fund, a county administered program. Both of these programs require that a funding commitment be obtained from the local jurisdiction in which the Project is located. In addition, KVYS has received funding from the federal McKinney Program to provide counseling & support -1- City of Kent 1991 Housing and Community Development Block Grant Program services for the teen parents. City of Kent CDBG funding will be used to pay for relocation costs first, with any additional funds being used for rehabilitation costs. 5 . CHILDREN' S THERAPY CENTER - Handicap Accessibility Children' s Therapy Center of Kent provides motor and communication therapy to young children with disabilities. The existing gravel parking lot does not allow for wheelchair accessibility for the clients from the parking lot to the therapy center. The proposed 1991 CDBG funding will be used to pave the parking lot to increase handicap accessibility. 6 . SKCMSC EMERGENCY/TRANSITIONAL HOUSING REHABILITATION South King County Multi-Service Center (SKCMSC) provides emergency and transitional housing in the City of Kent for homeless people. The proposed funds will pay a portion of rehabilitation costs for three homes . The rehabilitation includes structural repairs and interior improvements. 7 . KENT COMMUNITY HEALTH SERVICES The Kent Community Clinic provides access to primary health care services including medical and dental care to low and moderate income residents of Kent and the Greater- Kent. area. In program year 1991, proposed CDBG funds will be used to pay the salaries of professional staff (physician, nurse practitioner, and medical assistant) . This project has been funded in previous years by the City' s Block Grant and General Fund programs. All CDBG funds will be used to provide primary medical care to low and moderate income residents of the City of Kent. 8 . YWCA EMERGENCY HOUSING PROGRAM The Emergency Housing Program provides emergency shelter to families and children without housing and lacking the resources to pay for housing. The Shelter service consists of 14-21 days of shelter; information and referral in obtaining needed services; crisis intervention; assistance in obtaining jobs, permanent housing and medical care; transportation assistance; child care referrals and vouchers; and emergency food, hygiene and household supplies. The proposed CDBG funds will be used to extend an existing lease on three apartment units for twelve months to provide emergency shelter for families in crisis. -2- CITY COUNCIL PLANNING COMMITTEE September 4 , 1990 4 : 00 PM Committee Members Present Planning Staff Christi Houser Lauri Anderson Leona Orr Lin Ball Margaret Porter James P. Harris Other City Staff Janet Shull Fred Satterstrom Carolyn Lake Alice Shobe Tony McCarthy Bill Williamson Planning Commission Representative City Administrator Linda Martinez Ed Chow 1991 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM (LIN BALL) Senior Planner Lin Ball reported on Kent' s 1991 proposed Community Development Block Grant (CDBG) Program with a total estimated amount of CDBG funds available of $219, 719 for the program year, January 1 through December 31, 1991. Enclosed in the Committee's Agenda packet was a memorandum that gave background material, the recommended action to be taken, and a report listing the eight(8) proposed programs. Ms. Ball briefly described each program and went over the recommended funding levels . Planner Alice Shobe reported specifically on the Housing Repair Service Program that has operated since 1974 . She explained where Neighborhood Strategic Area (NSA) homes are located. These homes receive priority over other homes in the city. The program serves low/moderate income homeowners throughout the city. Ms. Shobe reported on the three elements of the program: 1. Major repair - The City contracts out repairing of roofs, furnaces, sewer line hookups, etc. 2 . Minor repair - Three staff members perform minor repairs on decks, plumbing, window replacements, etc. 3 . Painting program - This is the second year and is a more visible part of the program. Priority is given to homes in the NSA area. Nine homes are planned to be completed in 1991. 1 CITY COUNCIL PLANNING COMMITTEE - MINUTES OF MEETING OF SEPTEMBER 4 , 1990 Ms. Shobe stated there will be more emphasis in 1991 on minor repairs rather than major repairs due to the long waiting list for repairs. Ms. Ball explained the recommended action needed to adopt the 1991 Community Development Block Grant program as proposed and for it to go to full City Council on September 18 , 1990. The adopted program must be forwarded to King County by October 1, 1991. Council member Leona Orr MOVED and Council member Christi Houser SECONDED the motion to have this item go to City Council on September 18, 1990 . MOTION carried. HUMAN SERVICES ROUNDTABLE UPDATE (LIN BALL) Senior Planner Lin Ball did not have an update today. SENIOR HOUSING CONSULTANT (JANET SHULL) Planner Janet Shull reported on the request for funds to pay for technical assistance to the Senior Housing Bond program for the purposes of helping the City develop an RFP to acquire a site, obtaining a design/development team for the senior housing, and provide technical assistance for drafting grant applications for both the Housing Opportunity Fund and Housing Trust Fund grant programs to further the Kent Senior Housing Bond. This was proposed to the IBC last week. The IBC is recommending that a special budget be set up for this type of expenditure. This budget that would be paid out of the bond proceeds after the selling the bonds. A memo was passed out explaining this process. Ms. Shull explained they are asking for the Planning Committee' s approval to set up a pre-bond issue budget of $40, 000 for expenditures related to the senior housing bond. This is scheduled to go to Operations on September 11, 1990 and recommended for consent calendar of full Council on September 18 , 1990. Council member Leona Orr moved and Council member Christi Houser SECONDED the motion to forward this issue to City Council on September 18 , 1990 with recommendation of approval. MOTION carried. GROWTH MANAGEMENT ADVISORY BALLOT (LAURI ANDERSON) Senior Planner Lauri Anderson gave a little background about the Growth Management Committee which was set up last spring by the Mayor in response to the Growth Management Act. The committee started meeting in the latter part of July with five meetings to date. Before the committee was even established, the City Council had made a motion to refer the petition from the Responsible Urban Growth Group (RUGG) to the committee for their review and analysis 2 CITY COUNCIL PLANNING COMMITTEE MINUTES OF MEETING OF SEPTEMBER 4 , 1990 to bring back to the Council some ideas on how to address the issues in this petition. As a first order of business, the Growth Management Committee looked at the petition. One idea that came of their discussions was for an advisory ballot. The Responsible Urban Growth Group had mentioned this at the time they presented the petition to the City Council. The purpose of this meeting was to discuss having the advisory ballot go from City Council to the King County Records and Election Office by September 21, 1990, to be included on the November 6 general election ballot. The Committee held a special meeting last week to determine whether they were interested in a ballot. The decision was in favor except one dissenting vote from the Seattle Master Builders Association representative. The association sent a letter stating their opposition to the advisory ballot. On the memo included in the agenda packet, the exact wording of the ballot measure was not included. The Mayor' s Growth Management Committee met to compose the wording today. Ms. Anderson read and passed out a memo of the approved wording by the Mayor's Growth Management Committee for the recommended - advisory ballot as follows: "Should Kent immediately adopt interim growth controls-- pending implementation of state-directed growth management measures--which would require installation of public facilities (schools, roads, parks, etc. ) before or during construction of new multifamily, industrial, or commercial developments; control the rate of development; and control conditions for multifamily rezones?" Ms. Anderson explained that to place this measure on the ballot there will be a charge which is prorated out among all of the jurisdictions which have measures on the November 6 ballot. At the time we initially spoke to King County Records and Elections, they quoted us a figure of approximately one dollar per registered voter or $13 , 000. Last week the Planning Department was informed this could be dropped to as low as fifty cents per registered voter. The amount depends on how many measures end up on the ballot which is not determined until September 21, 1990. Since there is a fiscal impact, it is scheduled to go to the IBC on September 5, 1990 . The committee did not make a recommendation rather, the Committee members decided to take this action to full City Council on September 18 as a public hearing rather than Other Business for discussion. 3 CITY COUNCIL PLANNING COMMITTEE MINUTES OF MEETING OF SEPTEMBER 4, 1990 Much discussion occurred as to the possibilities if this measure failed and the consequences. Rather than this item be placed under Other Business, the Committee members decided to take this to full City Council on September 18 as a public hearing for discussion on the issue at hand for Council to pass a resolution to place this question before the voters on the November 6 general election. ADDED ITEM - LABOR FORCE Council member Leona Orr stated that it has been brought to her attention through Jim White and a business owner of a problem with the building, and housing the business called the Labor Force. Senior Planner Carol Proud has been working on a zoning code violation. The Public Works Committee met in the moring on September 4 and recommended that the Planning Committee make a report to find out what Council action can be taken about the complaints and problems. Bill Williamson was instructed by the Public Works Committee to meet with Carol Proud and look at what can be done. ADJOURNMENT The meeting adjourned at approximately 5 : 10 p.m. 4 KENT HUMAN SERVICES COMMISSION June 28 , 1990 - Commission Members Present Planning Staff Present Marvin Eckfeldt, Chairman Charlene Anderson Dee Moschel, Vice Chairwoman Lin Ball Jean Archer Martha Carlson Sharon Atkin Peg Mazen Peter Mourer Judy Woods, Council President Commission Members Absent Peter Duggan, excused Alice Gregory, excused APPROVAL OF MAY 24 , 1990 MINUTES Vice Chairwoman Moschel MOVED and Commissioner Mazen SECONDED the motion to approved the May 24 , 1990 minutes as written. Motion carried. DISCUSSION AND FINAL DECISION ON HUMAN SERVICE AGENCY FUNDING LEVELS Vice Chairwoman Moschel MOVED and Commissioner Mazen SECONDED the motion tcr adjourn to work session. Motion carried. The work session began at 2 : 35 PM and the regular meeting was continued at 3 : 45 PM. Commissioners Archer and Mazen MOVED and Commissioner Atkin SECONDED the motion to recommend to the City Council the following funding levels for human services from General Fund dollars: Community Health Centers - $30, 222 for regular program and $10,234 for startup obstetrics program at the Kent center. Funding for the startup obstetrics program would be one-time funding only. King County Sexual Assault Resource Center - $21, 700 Pregnancy Aid - $4 , 000 DAWN - $47 , 000 King County Multiservice Center Emergency Housing - $27, 000 King County Multiservice Center Van-Go - $4 , 400 Catholic Community Services Emergency Assistance - $20, 000 Catholic Community Services Counseling Program - $7, 500 for counselina services based and supervised in South King County office. KENT HUMAN SERVICES COMMISSION MINUTES OF MEETING OF JUNE 28 , 1990 Catholic Community Services Alternative Response System - Denied (Priority 3) Kent Valley Youth Services - $11, 000 for Kent Meridian Drop-in Center and $40, 000 for various counseling programs for Kent residents. Washington Women' s Employment and Education - $5, 000 with stipulation that the agency meet their 1990 goal. Kent Food Bank - $14 , 000 Children' s Therapy Center - $13 , 320 Valley Cities Mental Health - $13 , 000 startup grant for counselor to serve Kent residents in Auburn clinic. Child and Family Resource and Referral - $4 , 500 . This application was determined to be Priority 2 . Motion carried. commissioner Archer MOVED and Commissioner Mazen SECONDED the motion to approve Block Grant funding of Community Health Centers in the amount of $12 , 178 and YWCA in the amount of $17, 460 . Motion carried. It was noted that the Block Grant application for Washington Women' s Employment and Education was not funded because of the limited amount of funding available and the number of Kent residents served by the agency. There was approximately an 18% increase over last year in available funding through the General Fund. There was an increase in the number of programs and the number of applications for funding. In their deliberations on funding, Commissioners considered the funding criteria/priority, number of Kent residents served and the individual allocation as a proportion of the overall budget. The Commission phased agencies between Block Grant and General Fund dollars to accommodate potential future funding and to provide an optimal mix of Block Grant and General Fund categories. Senior Planner Lin Ball clarified for Commissioner Mazen that if agencies have questions on the recommended funding levels, the questions should be addressed to Planning staff. Commissioners expressed concern about the dropping number of Kent residents served by Kent Valley Youth Services. The KVYS Drop-in Center is Priority 1 and counseling services are Priority 2 . Council President Woods suggested staff indicate the percentage of funds each agency is recommended to receive. TIMELINE FOR BUDGET DECISIONS 2 KENT HUMAN SERVICES COMMISSION MINUTES OF MEETING OF JUNE 28 , 1990 Senior Planner Ball noted the budget meeting with the City Administrator is July 17th at 8: 30 AM in the Ceramics Room of the Kent Senior Center. The process for the presentation has not been determined, and because the Human Services Commission has a 1% allocation, it may not be necessary for Commissioners to be present at the meeting with the City Administrator. Ms. Ball will contact the Commissioners in this regard prior to July 17th: A public hearing on the budget will be held August 21. There is no need for agencies to be present. For the November 6 public hearing, agency representatives should be present and recognized. Letters will be submitted to the agenda packet per last year. REVIEW CONTRACTED AGENCIES FIRST QUARTER REPORTS Planner Martha Carlson quickly highlighted the first quarter reports. Children' s Therapy Center is meeting goals in both programs. Catholic Community Services Emergency Assistance is only slightly off target in food vouchers and child care. Until the six-month narrative is available, it is difficult to assess compliance by the Volunteer Chore Ministry program because of duplicated client counts. The counseling program is ahead of target. DAWN statistics are not broken down into types of services; the six- month narrative will provide better assessment of progress toward target. KVYS counseling hours are slightly off target (-15 .75 hours) . King Count Sexual Assault Resource Center is ahead of target by 21 clients, teen and- adults. Their child services are also ahead of target. Community Health Centers is over target by 81 patients served; however, the statistics were not broken down to provide a clear indication of the types of service. Pregnancy Aid is ahead of target. Multiservice Center is ahead of target in emergency assistance; this might be related to timing. Statistics on transitional housing will appear in the six-month narrative. The WWEE program served one. Question arose on what funding is allowed if this agency does not meet their target. The quarterly statistics reflect the increase in need. Senior Planner Ball noted the total number served is important as is the number of Kent residents served. Vice Chairwoman Moschel acknowledged the staff hours spent on analyzing the quarterly reports. She suggested a work session with the agency person completing the forms to discuss the needs. Ms. Ball stated that this year staff reviewed the forms with new agencies. DISCUSSION ON OMITTING THE JULY OR AUGUST COMMISSION MEETING The next meeting will be July 26 . There will be no August meeting. The July meeting agenda will include discussion of a combined General Fund and Block Grant application, job description of a Commissioner, and the November social . 3 KENT HUMAN SERVICES COMMISSION .,,.MINUTES OF MEETING OF JUNE 281 1990 HUMAN SERVICES ROUNDTABLE Ms. Ball stated the interim report on the family violence project has been completed. Staff offered to make copies for Commissioners. The report outlines facts regarding family violence in King County. It discusses comprehensive, coordinated delivery of services, leadership, training and education, how to implement the delivery components, revenue sources, and options for a system of coordination, i. e. , agency only or agency plus government. The Executive Committee of the Roundtable met to recommend a housing levy of $150 million; this amount would tie in human services and housing. Two thousand housing units could be established. A procedures group is working on designing human services into the levy, doing a thorough job of laying out the system and looking at needs. ' Discussion occurred on the levy and its competition with the Seattle Center levy. The Roundtable also is looking at hiring a legislative advisor. SOUTH KING COUNCIL OF HUMAN SERVICES ANNUAL DINNER Community Health Centers and Jim Bauman received awards at the annual dinner. There will be a planning session this summer, July or August. The new " president is Deanna Dicomes. SENIOR HOUSING BOND This item was added to the agenda. Senior Planner Ball indicated the Senior Housing Advisory Committee has finished their charge to look at ownership, management and development of senior housing. It is recommended that ownership and management go to the King County Housing Authority. The City of Kent will manage the development process and will then turn it over to the Housing Authority. It is proposed that the development is a design/build/turnkey method. Council President clarified for Commissioner Mazen that the Mayor will not be part of the decision process for this issue in the Housing Authority. There are a number of conditions for the Housing Authority. One is a reversionary clause to allow any future Kent Housing Authority to take back the housing. The next phase of the process will define the issue of support services along with independent living arrangements. ADDED ITEMS Discussion occurred on responsibilities of Commissioners especially related to the number of hours spent in meetings. Chairman Eckfeldt suggested developing a job description which would include a time frame of the 4 KENT HUMAN SERVICES COMMISSION MINUTES OF MEETING OF JUNE 28, 1990 - commitment. This could be distributed to potential Commission appointees. Commissioner Archer would like a letter sent to her employer regarding the number of hours spent; this would be part of the Community Reinvestment Act requirements. Chairman Eckfeldt will ask Mayor Kelleher to send letters to all employers of Commission members to acknowledge their commitment. Vice Chairwoman Moschel suggested writing to the City Administrator and Planning Director Harris to acknowledge staff support as well. Commissioner Mourer suggested streamlining the application process and interviewing agencies .year-round. Vice Chairwoman Moschel would like to do site visits. Chairman Eckfeldt indicated the human services open house is scheduled for November 20th from 5-7 PM. ADJOURNMENT The meeting was adjourned at 5 : 00 PM. Respectfully submitted, o-----,ter--^-- _ Jam s P. Harris, Secretary 5 Kent City Council Meeting Date September 18, 1990 Category Public Hearing 1. SUBJECT: GROWTH MANAGEMENT ADVISORY BALLOT 2 . SUMMARY STATEMENT: The Mayor's Growth Management Committee has recommended that the Council pass a resolution to place an advisory ballot before the voters on November 6. The Planning Committee dealt with this issue at its last meeting of September 4 and the consensus was that it be placed before the full City Council as a public hearing item. The advisory ballot wording approved by the Growth Management Committee is as follows: "Should Kent immediately adopt interim growth controls--pending implementation of state-directed growth management measures--which would require installation of public facilities (schools, roads, parks, etc. ) before or during construction of new multi-family, industrial or commercial developments; control the rate of development; and control conditions for multi-family rezones?" King County Record and Elections Office must receive the resolution by September 21 for inclusion in the November 6 ballot 3 . EXHIBITS: Memo, fiscal note from IBC, resolution, City Council minutes of June 19, 1990, Petition for Responsible Urban Growth Management Committee 4 . RECOMMENDED BY: Growth Management Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X _ FISCAL/PERSONNEL NOTE: Recommended Not Recomme ed Nv REcoMMfT+alrTio�l �Q 6. EXPENDITURE REQUIRED: $13 , 000 SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: 7. CITY COUNCIL ACTION: I Councilmember ` ry\., moves, Councilmember seconds to adopt/ Resolution No. (� placing the Growth Management Advisory Ballot on the November 6 election - . \ DISCUSSION• ACTION• ncL�� council Agenda inn to 1t-ti �._� Item No. 2C CITY OF MEMORANDUM September 12 , 1990 MEMO TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: REQUEST FROM THE MAYOR'S GROWTH MANAGEMENT COMMITTEE FOR ADVISORY BALLOT ON THE NOVEMBER 6, 1990 GENERAL ELECTION. In response to the requests made in the Responsible Urban Growth Group (RUGG) (copy of Petition enclosed) , the Mayor's Growth Management Committee has recommended that the Council pass a resolution to place an advisory ballot on growth control measures before the voters on November 6 . The wording approved by the Committee is: "Should Kent immediately adopt interim growth controls--pending implementation of state-directed growth management measures--which would require installation of public facilities (schools, roads, parks, etc. ) before or during construction of new multifamily, industrial, or commercial developments; control the rate of development; and control conditions for multifamily rezones?" The measure was considered by the Council 's Planning Committee which recommended that the City Council hold a public hearing on the advisory ballot at its September 18, meeting. The measure was also reviewed by the Internal Budget Committee, which, due to the political nature of the request, made no recommendation (see copy of fiscal note enclosed) . The ballot is scheduled to be reviewed by the Operations Committee at its meeting on September 11. In order to be included on the November 6 ballot, the advisory measure must be submitted to the King County Records and Elections Office by September 21 in the form of a resolution passed by the City Council. King County estimates that the cost to the City of including the measure on the ballot would run between $6,500 and $13 , 000. MCCARTHY,TONY / KENT70/FN - HPDesk print. ----------------------------------------- Subject: GROWTH MANAGEMENT ADVISORY BALLOT - FISCAL NOTE Creator: Tony MCCARTHY / KENT70/FN Dated: 09/07/90 at 1649. THE MAYOR'S GROWTH MANAGEMENT COMMITTEE HAS REQUESTED THAT AN ADVISORY BALLOT ON GROWTH MANAGEMENT BE INCLUDED ON THE NOVEMBER 6TH BALLOT. TO MEET THAT DATE AN ORDINANCE MUST BE PROVIDED TO KING COUNTY BY SEPTEMBER 21. SINCE THE COST OF THE ELECTION IS ALLOCATED TO GOVERNMENTS HAVING ISSUES ON THE BALLOT, IT IS ESTIMATED THAT THE CITY'S SHARE OF THE COST COULD BE BETWEEN $6, 000 AND $13 , 000. BECAUSE OF THE UNUSUAL NATURE OF THIS EXPENDITURE, ADDITIONAL BUDGET APPROPRIATION FROM UNEXPENDED GENERAL FUND DOLLARS IS REQUIRED. BECAUSE OF THE POLITICAL NATURE OF THIS REQUEST, THE IBC TAKES NO POSITION, BUT NOTES THAT THERE WOULD BE SUFFICIENT UNEXPENDED GENERAL FUND DOLLARS TO COVER THE EXPENDITURE UP TO $13 , 000. A PETITION FOR RESPONSIBLE URBAN GROWTH T We, the undersigned, believe that the rapid development of multi-family housing (apartments and other high-density housing) has seriously affected the quality of life of everyone living in Kent by overburdening our street and road system, fire and police protection, utilities, and the schools our children attend. The city's infrastructure simply cannot keep pace with the number of high-density housing units being built each year in our city. Currently, Kent has the highest, multi-family/single-family ratio-of any city in the region! We believe the City Council needs to take the following steps (as detailed on the back of this page) IMMEDIATELY to address our urgent concerns: 1 ) limit the rate of construction of multi-family housing to 500 units/year; 2) strengthen regulations to ensure adequate roads, parks, schools, and other public facilities .are in place before additional development is allowed; 3) not allow any single-family land to be rezoned to multi-family until specific requirements are met; 4) establish a minimum single-family lot size of 7,200 sq. ft.; 5) institute an open space requirement and increase landscaping requirements for all multi-family projects; 6) disallow attached side-by-side units on single-family. projects; 7) expand the definition of "multi-family transition" areas; 8) modify existing setback and building height requirements to reduce overall density of multi-family projects. 2 3 t 3 'a � 6L/ S C 4 1101A 7 , d 13 1 .1 - J CG h, 9 10 �/" D y 3/ 11 S � • � /GCrd (nl �7/ 12 LY36 56 1sz—Z l'e- 13, /L-1 S£ 14 15 all , -S!E �O�acsl J�L Wc, 'V�-6 16 Z Ti 17 . c as - l0,S 2 �v S E /6,. _ (.uli q d o i 18 -JC' C7`s' 0.h� 19 20 / SZ S . d� 21 14 22 0 9 S. o? yh 80 23 _/ ,c o ' 24 309 0`- 25 SPECIFICS SUPPORTING THE PETITION FOR KENTS RESPONSIBLE URBAN GROWTH 1 p Re: MR-G (Garden Density MF -- up to 16 units/acre) A) Increase side yard requirement to 20' or 20% of lot width, whichever is greater, not to exceed 30'. jt, B) Increase rear yard to 25'; side yard on flanking street of corner lot to 20'. C) Require a minimum 20' of perimeter landscaping in all multifamily (MF) developments. Breaks In the landscaping shall be permitted to provide pedestrian and vehicular access. Breaks In the. landscaping for vehicle access shall not exceed the width of permitted curb cuts and any required sight triangles. Perimeter landscaping shall be Type I solid screen landscaping, as provided In Section 15.07.050, except that only evergreen trees and shrubs shall be used. (Except as provided above, the landscaping requirements of Chapter 15.07 'shall apply.) - D) Limit building height to 2 stories, not to exceed 25'. E) Require that at minimum of 25% of the total area be left as open green space. 2) Re: MR-M (Medium Density MF -- up to 23 units/acre) . A) Same as above. B) Same as above. C) Same as above. D) Limit building height to 3 stories, not to exceed 35'. E) Same as above. 3) Re: MR-H (High Density MF up to 40 unitslacre) A) Same as above. B) Same as above. C) Same as above, except 30' minimum. D) Same as above (MR-M). E) Same as above. 4) Re; Multifamily Transition Areas A) Redefine "multifamily transition" areas to be an MF area within 250' of a Single-family (SF) area, within 250' of a public street right-of-way which also abuts a SF zoning district, and/or within 100' of any other public street right-of-way. B) Minimum and average setbacks for frontage on an arterial or collector street shall be 30' and 45', respectively. C) Minimum and average setbacks for frontage on a local access street shall be 30' and 35', respectively. D) Minimum and'average setbacks for the portion of a properly abutting a SF zoning district shall be 30' and 45', respectively E) Limit building height to-2. stories, not to exceed 25'. F) Increase the 20' MF perimeter landscaping requirement to 30' where a development abuts a SF district or an arterial, collector, 'and/or local access street. All other landscaping requirements same as above. 5) Re: Planned Unit Developments. A) Require all housing units be detached, SF.dwelling units. No longer allow attached side-by-side units. B) Establish a minimum lot size of 7200 sq. ft. 6). Issue building permits for no more that 500 MF dwelling units In any calendar year, until such time as the number of constructed and approved MF dwelling units in Kent Is equal to or less than 50% of the total dwelling units In the City. When the total number of MF dwelling units In the City is equal to 50% of the total dwelling units In the City, the City shall not, in any calendar year, Issue building permits for more that the number of building permits issued in that calendar year for single family dwelling units. Dwelling units in annexed territories shall not be included as part of the total number of dwelling units In the City until the Initial zoning for such territories Is completed. 7) Property in SF. Districts shall not be subject to rezoning to a MF District designation until such time as the number of constructed MF units is equal to or less than 50% of the total housing units In the City. 8) Establish a 7200 sq. ft. minimum lot size In all SF zoning districts. The establishment of any new SF Zoning District which permits a minimum lot area less that 7200 sq. ft. and the reclassification of a property to any zone which permits a minimum lot area less that 7200 sq. ft. shall both be prohibited. Properties zoned SF Residential, RI-5, as of April, 1990, may be developed in accordance with the minimum lot area and other requirements of the R11-5 zone. PLEASE MAIL SIGNED PETITIONS TO: Chris Grant; 26302 Woodland Way S.; Kent, WA 98031 June 19 , 1990 'L PUBLIC within the city limits, that the guidelines ar set COMMUNICATIONS by the Federal McKinney Act, that the City ha devoted several hours of the last Council eting to receive input, had sent four letters to e and ' Nike Manor that the property would be managed by e King Housing County Housing Authority. He furth clarified that although Kent submitted the lette within the time frame specified, the applicatio of the joint agencies had already been app ved. Orr stated that she unders ood that the properties had to be leased for one ear before they could be purchased. She not at the City has made a commitment through th Human Services Commission and we should not now t e away the opportunity for th/dthe agencies to roceed with their work. She that this as a chance for the citizens to oward ma ng this a positive experience. concurr d and noted further that the Council ade a ommitment also, to make sure that the orh d was secure. She said she was recently d hat 200 people were living in their cars in d the problem of the homeless should be sed. Dowell noted that the City supports services with a budget of $240, 000 , but that n 't think R-1 zoned areas were to be used for ype of social services. Bacon stated he had Z. copies of the applications submitted by the agencies . Mann concurred with Dowell and MOVED to communicate to our legislators our concerns such as the lack of local input in the process . Johnson seconded and suggested we ask for intervention, noting we should continue to try to purchase the properties and to have the entire process reviewed. Mann concurred. It was further decided that Hansen would write a letter and would call Council members so they could review and approve the contents. The motion then carried. Responsible (ADDED TO THE AGENDA) Urban Growth Chris Grant of 26302 Woodland Way stated that the Group Responsible Urban Growth Group (RUGG) was made up of local Kent residents who are concerned about land use, especially the rate of apartment growth. He noted that the group had planned to present an initiative to' be voted upon at the next election, 2 June 19 , 1990 PUBLIC but had been advised that land use issues could not COMMUNICATIONS be decided upon through an initiative under Kent' s code status in the state. He therefore submitted a petition signed by over 1600 residents of the Kent area who share the belief that more control is needed on zoning and land use issues . He summarized the eight points and asked that the petition be , R.U.G.G. forwarded to the newly formed Growth Management Committee, with an answer due by July 17 . He also asked that the petition be considered for an advisory ballot this fall, allowing for input on these issues. Members are willing to discuss the items with staff. ORR MOVED to refer the petition to the Growth Management Committee for study as soon as the ' Committee is in place, and Woods seconded. It was confirmed for White that this would also go through the Planning Commission after the Growth Management Committee. At White ' s suggestion, the motion was changed to refer the petition to$oth.-h ----CDruL t-tae and the Commission. The Committee will have its first meeting wi in the next few weeks and will be r� chaired by Orr. It was agreed that some 'report would be given 30 days after the first Committee meeting. Orr confirmed that she had not been a member of RUGG since immediately prior to her election in November. It was determined that the Mayor appoints the committee members and further, that within the 30 ' days answers were not expected, just reviews and a list of the procedures to be followed. The motion then carried unanimously. (PUBLIC COMMUNICATIONS - ITEM 1A) AWC Award. Councilmember White announced that the Award City has been awarded the 1990 Municipal Achievement Award Honorable Mention for its downtown revitali- zation through the public/private Centennial Center. He presented the award to the Mayor. (PUBLIC COMMUNICATIONS - ITEM 1B) Kent-Kherson Flag. Jeannie Humphrey introduced Ginny Miller, who has designed a Kent-Kherson Flag. Sister They displayed the flag and presented it to Mayor Cities Kelleher. Humphrey thanked the Council for their support and announced that visitors from Kherson will arrive on June 29 . (-- 3 RESOLUTION NO. A RESOLUTION of the City Council of the city of Kent, Washington, directing the Records and Election Division of King County to include in the November 1990 General Election an Advisory Ballot relating to growth management. WHEREAS, the City of Kent has received a Petition from Responsible Urban Growth calling for interim growth management controls to be implemented by the City of Kent to address development of multi-family housing, quality of life in the Kent area and overburdening of transportation, public safety and utility systems; and WHEREAS, the Growth Management Committee has reviewed the RUGG Petition and submitted its recommendation to the Planning Committee for purposes of placing an Advisory Ballot Measure before the electorate for the November 6, 1990 General Election; and WHEREAS, the Council has duly published Notice of a Public Hearing to consider the recommendation of the Growth Management Committee recommending adoption of an Advisory Ballot for Growth Management on Tuesday, September 18, 1990; and WHEREAS, following such Public Hearing the Kent City Council believes that residents generally should voice their wishes and concerns for direction to the City Council through a City-wide ballot measure to determine whether immediate growth management measures should be implemented pending adoption of anticipated state-wide growth management directives, and further believes that a City-wide Advisory Ballot Measure on the implementation of interim growth management controls is in the public interest; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The question of whether interim growth controls pending implementation of state directed growth management measures as provided below shall be submitted to the voters of the City of Kent through an Advisory Ballot Measure at the General Election to be held on November 6, 1990. The wording as it shall appear on the ballot shall be: PROPOSITION NO. _ ADVISORY BALLOT Should Kent immediately adopt interim growth controls--pending implementa- tion of state-directed growth management measures--which would require installation of public facilities (schools, roads, parks, etc.) before or during construction of new multi-family, industrial, or commercial developments; control the rate of development; and control conditions for multi-family rezones? YES _ NO _ Section .2. The City Treasurer is authorized and directed to pay the Records and Election Division of King County an amount not to exceed $13,000 for placement of the advisory ballot for the November 6, 1990 General Election. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of September 1990. Concurred in by the Mayor of the City of Kent, this day of September, 1990. DAN KELLEHER, MAYOR ATTEST: MARIE JENSEN, CITY CLERK APPROVED AS TO FORM: ROGER LUBOVICH, 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 8940-310 - 2 - CITY COUNCIL PLANNING COMMITTEE September 4 , 1990 4 : 00 PM Committee Members Present Planning Staff Christi Houser Lauri Anderson Leona Orr Lin Ball Margaret Porter James P. Harris Other City Staff Janet Shull Fred Satterstrom Carolyn Lake Alice Shobe Tony McCarthy Bill Williamson Planning Commission Representative City Administrator Linda Martinez Ed Chow 1991 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM (LIN BALL) Senior Planner Lin Ball reported on Kent ' s 1991 proposed Community Development Block Grant (CDBG) Program with a total estimated amount of CDBG funds available of $219 , 719 for the program year, January 1 through December 31, 1991. Enclosed in the Committee' s Agenda packet was a memorandum that gave background material, the recommended action to be taken, and a report listing the eight(8) proposed programs. Ms. Ball briefly described. each • program and went over the recommended funding levels. Planner Alice Shobe reported specifically on the Housing Repair Service Program that has operated since 1974 . She explained where Neighborhood Strategic Area (NSA) homes are located. These homes receive priority over other homes in the city. The program serves low/moderate income homeowners throughout the city. Ms. Shobe reported on the three elements of the program: 1. Major repair - The City contracts out repairing of roofs, furnaces, sewer line hookups, etc. 2 . Minor repair - Three staff members perform minor repairs on decks, plumbing, window replacements, etc. 3 . Painting program - This is the second year and is a more visible part of the program. Priority is given to homes in the NSA area. Nine homes are planned to be completed in 1991. 1 CITY COUNCIL PLANNING COMMITTEE MINUTES OF MEETING OF SEPTEMBER 41 1990 Ms. Shobe stated there will be more emphasis in 1991 on minor repairs rather than major repairs due to the long waiting list for repairs. Ms. Ball explained the recommended action needed to adopt the 1991 Community Development Block Grant program as proposed and for it to go to full City Council on September 18, 1990. The adopted program must be forwarded to King County by October 1, 1991. Council member Leona Orr MOVED and Council member Christi Houser SECONDED the motion to have this item go to City Council on September 18 , 1990. MOTION carried. HUMAN SERVICES ROUNDTABLE UPDATE (LIN BALL) Senior Planner Lin Ball did not have an update today. SENIOR HOUSING CONSULTANT (JANET SHULL) Planner Janet Shull reported on the request for funds to pay for technical assistance to the Senior Housing Bond program for the purposes of helping the City develop an RFP' to acquire a site, obtaining a design/development team for the senior housing, and provide technical assistance for drafting grant applications for both the Housing Opportunity Fund and Housing Trust Fund grant programs to further the Kent Senior Housing Bond. This was proposed to the IBC last week. The IBC is recommending that a special budget be set up for this type of expenditure. This budget that would be paid out of the bond proceeds after the selling the bonds. A memo.was passed out explaining this process. Ms. Shull explained they are asking for the Planning Committee' s approval to set up a pre-bond issue budget of $40, 000 for expenditures related to the senior housing bond. This is scheduled to go to Operations on September 11, 1990 and recommended for consent calendar of full Council on September 18, 1990. Council member Leona Orr moved and Council member Christi Houser SECONDED the motion to forward this issue to City Council on September 18 , 1990 with recommendation of approval. MOTION carried. GROWTH MANAGEMENT ADVISORY BALLOT (LAURI ANDERSON) Senior Planner Lauri Anderson gave a little background about the Growth Management Committee which was set up last spring by the Mayor in response to the Growth Management Act. The committee started meeting in the latter part of July with five meetings to date. Before the committee was even established, the City Council had made a motion to refer the petition from the Responsible Urban Growth Group (RUGG) to the committee for their review and analysis 2 CITY COUNCIL PLANNING COMMITTEE « MINUTES OF MEETING OF SEPTEMBER 4 , 1990 to bring back to the Council some ideas on how to address the issues in this petition. As a first order of business, the Growth Management Committee looked at the petition. One idea that came of their discussions was for an advisory ballot. The Responsible Urban Growth Group had mentioned this at the time they presented the petition to the City Council. The purpose of this meeting was to discuss having the advisory ballot go from City Council to the King County Records and Election Office by .September 21, 1990, to be included on the November 6 general election ballot. The Committee held a special meeting last week to determine whether they were interested in a ballot. The decision was in favor except one dissenting vote from the Seattle Master Builders Association representative. The association sent a letter stating their opposition to the advisory ballot. On the memo included in the agenda packet, the exact wording of the ballot measure was not included. The Mayor's Growth Management Committee met to compose the wording today. Ms. Anderson read and passed out a memo of the approved wording by the Mayor' s Growth Management ' Committee for the recommended advisory ballot as follows: "Should Kent immediately adopt interim growth controls-- pending implementation of state-directed growth management measures--which would require installation of public facilities (schools, roads, parks, etc. ) before or during construction of new multifamily, industrial, or commercial developments; control the rate of development; and control conditions for multifamily rezones?" Ms. Anderson explained that to place this measure on the ballot there will be a charge which is prorated out among all of the jurisdictions which have measures on the November 6 ballot. At the time we initially spoke to King County Records and Elections, they quoted us a figure of approximately one dollar per registered voter or $13 , 000. Last week the Planning Department was informed this could be dropped to as low as fifty cents per registered voter. The amount depends on how many measures end up on the ballot which is not determined until September 21, 1990. Since there is a fiscal impact, it is scheduled to go to the IBC on September 5, 1990. The committee did not make a recommendation rather, the Committee members decided to take this action to full City Council on September 18 as a public hearing rather than Other Business for discussion. 3 CITY COUNCIL PLANNING COMMITTEE MINUTES OF MEETING OF SEPTEMBER 4, 1990 Much discussion occurred as to the possibilities if this measure failed and the consequences. Rather than this item be placed under Other Business, the Committee members decided to take this to full City Council on September 18 as a public hearing for discussion on the issue at hand for Council to pass a resolution to place this question before the voters on the November 6 general election. ADDED ITEM - LABOR FORCE Council member Leona Orr stated that it has been brought to her attention through Jim White and a business owner of a problem with the building, and housing the business called the Labor Force. Senior Planner Carol Proud has been working on a zoning code violation. The Public Works Committee met in the moring on September 4 and recommended that the Planning Committee make a report to find out what Council action can be taken about the complaints and problems. Bill Williamson was instructed by the Public Works Committee to meet with Carol Proud and look at what can be done. ADJOURNMENT The meeting adjourned at approximately 5 : 10 p.m. 4 CONSENT CALENDAR 3 . City Council Action: Councilmember moves, Councilmember �J seconds that ConserlCalendar Items A through F be approved. Discussion d� Action 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of September 4 , 1990. 3B. Approval of Bills. Approval of payment of the bills received through September 19 after auditing by the Operations Committee at its meeting at 4: 30 p.m. on September 25, 1990. Approval of checks issued for vouchers: Date Check Numbers Amount q02 ) I CD Date Check Numbers Amount 9-5-90 140948-141691 $836,278.32 Council Agenda Item No. 3 A-B Kent, Washington September 4, 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, and Orr, City Administrator Chow, City Attorney Lubovich, Planning Director Harris, Public Works Direc- tor Wickstrom, Fire Chief Angelo, Police Chief Frederiksen, Assistant City Administrator Hansen, Personnel Director Olson, Finance Director McCarthy and City Clerk Jensen. Councilmember White and Parks Director Wilson were not in attendance. Council- member Woods has been excused and Information Services Director Spang was on vacation. Approximately 20 people were at the meet- ing. PUBLIC (PUBLIC COMMUNICATIONS - ITEM 1A) COMMUNI- Employee of the Month Mayor Kelleher CATIONS announced that Tom Arnson has been selected as Employee of the Month for September, 1990. He noted that Arnson works as an Apparatus Mechanic for the Fire Department, and that he is responsible for keeping the fire engines operating in a safe condition. The Mayor commended Arnson for his dedication and hard work, and presented him with the Employee of the Month plaque. Fire Chief Angelo especially pointed out that Arnson has earned a reputation among apparatus vendors as demanding the best possible equipment. (PUBLIC COMMUNICATIONS - ITEM 1B) D.A.R.E Program Mike Painter, President of the Police Officers Union, commended the Police Department on the D.A.R.E. Program and presented Officer Dina Paganucci with a $2500 donation for the program. (PUBLIC COMMUNICATIONS - ITEM 1C) United Way. Mayor Kelleher read a proclama- tion declaring September 5, 1990 as United Way Day in the City of Kent and urging all citizens to preserve this long tradition of caring for one another by volunteering and contributing to United Way. CONSENT JOHNSON MOVED that Consent Calendar Items A CALENDAR through M be approved. Mann seconded and the motion carried. 1 September 4 , 1990 MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of August 21, 1990. WATER (BIDS - ITEM 5B) Rent Springs Transmission Main. Bid opening was August 28, 1990 and five bids were received. The low bid was submitted by Robison Construction in the amount of $1, 056, 666. 69. Staff recommends that this bid be accepted. JOHNSON SO MOVED. Houser seconded and the motion carried. STREETS (PUBLIC HEARING - ITEM 2A) Library - street closure - 1st Avenue. The plans for the new Library call for closure of 1st Avenue at the Smith Street intersection. This public hearing has been scheduled to receive public input on the closure. The City Clerk has duly advertis- ed the hearing and the notice of hearing has been posted in 12 locations in the vicinity._ Assistant City Administrator Hansen described the project and noted that the traffic impact is less than 300 vehicles a day. He also noted that the library will contribute to downtown revitalization. He noted that the contractor, Eberharter Construc- tion, is presently on site and would like to proceed with this closure so that they can bring equipment onto the site. He noted that once completed, the site will have 127 parking spaces. The Mayor declared the public hearing open. There were no comments from the audience and JOHNSON MOVED to close the public hearing. Mann seconded and the motion carried. JOHNSON THEN MOVED that Ordinance No. 2939 be adopted approving the closure of lst Ave. at Smith. Houser seconded. Motion carried. (CONSENT CALENDAR - ITEM 3F) Temporary Street Closure. APPROVAL for Public Works staff to immediately place a temporary barricade at the dead-end on S. 240th (east of 30th Ave. S. on the West Hill) and to place a temporary barricade at the dead-end at 45th P1 . near Reith Rd. in 90 days, and for the attorney's office to prepare an access agreement for property owners in these vicinities, as recommended by the Public Works Committee. 2 September 4 , 1990 STREETS (CONSENT CALENDAR - ITEM 3L) LID 335 - Improvement of 77th Ave. S. AUTHORIZA- TION to set October 2; 1990 for the public hearing on the final assessment roll for LID 335. STREET (CONSENT CALENDAR - ITEM 3J) VACATION Street Vacation. ADOPTION of Resolution No. 1257 , setting a public hearing date for October 2 , 1990 upon the request of Byron C. and Janice M. Beck for vacation of a walkway at the northern end of Parkside Division No. 2 Plat. TRAFFIC (CONSENT CALENDAR - ITEM 3E) CONTROL Traffic Division Change. ADOPTION of Ordinance No. 2940 changing the direction of traffic in the alley between the Titusville Building and Post Office to southbound only from Gowe St. as recom- mended by the Public Works Committee. DEPARTMENT (CONSENT CALENDAR - ITEM 3G) OF ECOLOGY DOE Grant for Shoreline Management Program Amendments and Wetlands Inventory - Phase II AUTHORIZATION for the Mayor to accept and sign on behalf of the City of Kent a $19, 500 grant from the Washington State Department of Ecology to amend the City' s Shoreline Master Program, com- plete a Wetlands inventory, and develop a Wetlands Management Program as recommended by the Planning Committee. This grant must be matched by the City on a fifty-fifty basis. REZONE (CONSENT CALENDAR - ITEM 3H) Auto Check Rezone No. RZ-90-6 . ADOPTION of Ordinance No. 2941 . to rezone a 17, 299 square foot lot from Ml, Industrial Park, to GC, General Com- mercial, located on the west side of West Valley Highway, north of S. 236th St. and S. 238th St. , as approved by the Council at its August 21, 1990 meeting. REZONE (PUBLIC COMMUNICATIONS - ADDED ITEM 1D) APPEAL Minshull-Wagner Rezone/Appeal Upon a question from the audience, Planning Director Harris noted that action on the Minshull-Wagner Rezone/Appeal will be taken at the Council meeting of September 18, 1990. 3 1. September 4 , 1990 ZONING (CONSENT CALENDAR - ITEM 3K) CODE Zoning Code Amendment. ADOPTION of Ordinance No. 2942 amending the parking revisions regulations as recommended by the Planning Commission and ap- proved by the Council at the August 21 meeting. SUBDIVISION (CONSENT CALENDAR - ADDED ITEM 3M) Harvey Preliminary Subdivision #SU-90-3 . AUTHORI- ZATION to set September 18, 1990 for a public meeting to consider the Hearing Examiner's recom- mendation for conditional approval of an applica- tion by Townsend-Chastain & Associates for a ten- lot single family residential preliminary subdivision. The property is located north of S. 252nd St. , between 22nd Ave. S. and 25th Ave. S. NIKE HOUSING (PUBLIC COMMUNICATIONS - ITEM 1E) Nike Housing. Upon a question from Mr. Knapp, Assistant City Administrator Hansen noted that King County Housing Authority will be in charge of the project and that the earliest it could be occupied is October. He assured Mr. Knapp that a resident manager will be on location and that the program would be closely monitored. APPOINTMENTS (CONSENT CALENDAR - ITEM 3I) Appointments. CONFIRMATION of the Mayor' s appointments as follows: Gwen Dahle to the Planning Commission to replace Anne Biteman who has resigned. Her term will begin immediately and will expire December 31, 1992 . Christopher Grant to the Planning Commission to replace Frank Chopp who has resigned. Mr. Grant ' s term will become effective immediately and expire December 31, 1990. Faith Anderson to the Saturday Market Advisory Board to replace Dennis Steussy who resigned. Her term will begin immediately and continue through July of 1993 . 4 _.., September 4 , 1990 PERSONNEL (CONSENT CALENDAR - ITEM 3C) Internal Affairs Coordinator - Police Department. AUTHORIZATION to elevate the Internal Affairs Coordinator position to the rank of Lieutenant as recommended by the Public Safety Committee. This recommendation is based on the premise that the tasks faced by the Internal Affairs Coordinator would warrant the recognition of the difficulty and stress of the position. In addition, the job has expanded to include the responsibility of coordinating the background investigation of potential new hires. This change will be viewed positively by staff within the Police Department and will actually increase the efficiency and effectiveness of the position. PARKS AND (CONSENT CALENDAR - ITEM 3D) RECREATION Lake Fenwick Park. AUTHORIZATION to accept as complete the Lake Fenwick Park construction project and to release retainage to Golf Land- scaping, Inc. upon receipt of State releases as recommended by the Parks Committee. The project was completed in a timely manner and within budget. FIRE (RFP - ITEM 5A) Radio Eauipment Building Construction Several contractors were contacted, regarding the radio equipment building construction. However, due to the small size of the job and time restraint, only two contractors were prepared to issue a quote on the work. Prior to accepting a quote, one con- tractor withdrew. The Fire Department recommends that the City Council authorize the Mayor to sign a contract in the amount of $32,987 with C.E. Skinner Construction to build the radio equipment support building. MANN SO MOVED. Houser seconded and the motion carried. CITY VEHICLES (OTHER BUSINESS - ADDED ITEM 4B) Alternate Fuel Source. Councilmember Mann stated that because of the current crisis in the Mid-East and its effect on prices of gasoline, he feels the City should look into alternate sources of fuel for City vehicles. He suggested that a study be conducted, and noted that natural gas and propane are currently being used by other municipalities. 5 September 41 1990 CITY VEHICLES HE MOVED that Administration look into alternate sources of fuel for City vehicles. Houser second- ed. Motion carried. The Mayor then asked City Administrator Chow to develop a committee of department heads to study this issue and report back to the Council in a timely manner. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through September 41 1990 after auditing by the Operations Committee at its meet- ing at 4 : 30 p.m. on September 11, 1990. Approval of checks issued for vouchers: Date Checks Amount 8/16/ - 8/30/90 95507 - 95534 $259, 857.30 8/31/90 95535 - 96160 719 , 704 .71 $979 , 562 . 01 Approval of checks issued for payroll: Date Checks Amount 8/20/90 140204 - 140947 $839 , 015. 27 (OTHER BUSINESS - ITEM 4A) LID 330 Bond Ordinance and Purchase Contract. The Finance staff is requesting the adoption of Bond Ordinance No. 2943 and authorization for the Mayor Streets to sign a purchase contract in the amount of $4, 033 , 732 . 35 for LID 330 bond. These bond pro- ceeds will be used for the construction and im- provement on 64th Ave. S . (Meeker St. to S . 212th St. ) The final assessment roll for this LID has been adopted and the thirty (30) day prepayment period has elapsed. The purchase contract with Lehman Brothers is at a net interest cost of 7 . 61% and has a gross underwriting spread of $20 per thousand dollar bond. This results in an average coupon of a 7 .35% and an assessment to property owners of 7 . 85%. Finance Director McCarthy point- ed out that on page 12 of the proposed ordinance, the interest rate is listed incorrectly as 7 . 35%, and should be 7 . 85%. HOUSER MOVED for the adoption of Ordinance No. 2943 approving the bonds for LID 330 and authorizing the Mayor to sign a purchase contract for LID 330 with Lehman Brothers. Johnson seconded and the motion carried. 6 September 4, 1990 EXECUTIVE At 7: 35 p.m. City Administrator Chow announced an SESSION executive session of approximately five minutes to discuss farmlands preservation. ADJOURNMENT The meeting reconvened at 7 :45 p.m. and then adjourned. Marie Jensen/% , CMC City Clerk 7 .......... Kent City Council Meeting Date September 18 . 1990 Category Consent Calendar 1. SUBJECT: SENIOR HOUSING TECHNICAL ASSISTANCE 2. SUMMARY STATEMENT: Acceptance of the establishment of a pre bond issue budget of $40,000 for technical assistance to the Senior Housing Program. The Planning Department requires technical assistance to carry out the direction of the Mayor and City Council in moving forward with the Senior Housing Bond Program. The expenditure of Senior Housing Bond proceeds for this technical assistance is a legitimate expense of the bond money. The IBC, Planning and Operations Committees recommend establishing a pre bond issue budget of $40,000 to cover consultant expenditures incurred since voter approval of the bond issue in February. 3 . EXHIBITS: Memorandum, fiscal note d/ed8/29/90, Planning Committee minutes dated 9/4/90 4 . RECOMMENDED BY: IBC Planning ommittee and Operations Committee (Committee, Staff, Examin , Commission, etc. ) 5. UNBUDGETED FISCAL/PE NNEL IMPACT: NO YES \ FISCAL/PERSONNEL NOTI : Recommende Not Recommended 6. EXPENDITURE REQU D: $40, 000 SOURCE OF FUNDS: Senior Housing Bond Issue 7 . CITY COUNCILXCTION: Councilmember moves, Councilmember seconds i ; DISCUSSIO ACTION• Council Agenda Item No. 3C M E M O R A N D U M KENT PLANNING DEPARTMENT September 51 1990 TO: OPERATIONS COMMITTEE MEMBERS , FROM: LIN BALL, SENIOR PLANNER SUBJECT: HOUSING BOND ISSUE CONSULTANT Recommended for approval by IBC and Council Planning Committee. The Planning Department has been directed by the Mayor and City Council to move forward with a Design/Build-Turnkey process and development of a Request for Proposals, (RFP) to select site(s) and developer(s) to build Kent' s senior housing. The Mayor has also directed the Planning Department to pursue the County Housing Opportunity Fund and the State Housing Trust Fund to further Kent' s Senior housing bond money. Planning Department staff does not have the expertise to develop these detailed documents and requires technical assistance in this effort. The expenditure of senior housing bond proceeds for these activities is a legitimate expense of the bond money. On August 28th, IBC recommended approval of the hiring of outside assistance to help prepare the RFP and grant applications. Further, the IBC recommended that a pre-bond issue account be set up in the amount of $40, 000 to cover consultant expenditures since the bond issue was approved in February, 1990 . This would include the specific tasks mentioned above as well as previous consultant expenditures related to the implementation of the senior housing bond program. once the bonds are sold, expenses charged to this budget would be credited with bond proceeds (see attached Fiscal Note) . The Planning Committee considered this item on September 4th and concurred with the recommendations of the IBC. Recommended Action: To approve the establishment of a pre-bond issue budget of $40, 000 for consultant fees related to the implementation of the senior housing bond program. Once the bonds are sold these fees will be consolidated into a issue budget. MCCARTHY,TONY / KENT70/FN - HPDesk print_ Subject: HOUSING BOND ISSUE CONSULTANT - FISCAL NOTE Creator: Tony MCCARTHY / KENT70/FN Dated: 08/28/90 at 1719 . THE IDENTECHNICALE SUPPORTS FOR GTHE R E PURPOSES OF APPLYING FORGRANTN CONSULTANT $141730 IN FUNDS TO MONEY TO PROVROV TO FURTHER THE SENIOR HOUSING BOND AND TO DEVELOP A REQUEST FOR GN AND BUILD FORTSECURIINNG A SENIOR DEVGLOPFUNDSTFOR THISEAM To CQUI REQUESTRWILLTCOMEDFROMITHE HOUSINGDGEBOND ISSUE GATIOPROCEEDS ToTBEBGENERATED FROM LATE SALE 990,OF $6.7 MILLION VOTER APPROVED GENERA KEN OLD OBLIGATION THE IBC APPROVES THE USE OF OUTSIDE EXPERTISE IN DEVELOPING THE RFP AND IN APPLYING FOR GRANT FUNDING. THE IBC FEELS THAT THESE ARE LEGITIMATE BOND ISSUE EXPENSES THAT WOULD IDENTIFIED IN A BOND ISSUE BUDGET AT THE TIME THE BONDS ARE SOLD. SALE OF BONDS IS BEING DELAYED PENDING THE ESTABLISHMENT OF A DETAILED PROJECT SCHEDULE IN AN EFFORT TO MEET FEDERAL ARBITRAGE EXPENDITURE OF FUNDS CRITERIA. IN ADDITION TO THE AMOUNT REQUESTED, THE IBC WOULD LIKE TO BACKCHARGE THE BOND ISSUE BUDGET FOR PREVIOUS CONSULTANT EXPENDITURES ISSUEISOLDNCE V THESEOTER APPROVAL, AS WOULD LEGIT TE EARLIER. THEREFORETHE IBC THE RECOMMENDS IAA TOTAL PPRE EBOND D ISSUE BUDGET OF $40, 000. CITY COUNCIL PLANNING COMMITTEE September 4 , 1990 4 : 00 PM Committee Members Present Planning Staff Christi Houser Lauri Anderson Leona Orr Lin Ball Margaret Porter James P. Harris Other City Staff Janet Shull Fred Satterstrom Carolyn Lake Alice Shobe Tony McCarthy Bill Williamson Planning Commission Representative City Administrator Linda Martinez Ed Chow 1991 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM (LIN BALL) Senior Planner Lin Ball reported on Kent ' s 1991 proposed Community Development Block Grant (CDBG) Program with a total estimated amount of CDBG funds available of $219 , 719 for the program year, January 1 through December 31, 1991. Enclosed in the Committee' s Agenda packet was a memorandum that gave background material, the recommended action to be taken, and a report listing the eight(8) proposed programs. Ms. Ball briefly described each program and went over the recommended funding levels. Planner Alice Shobe reported specifically on the Housing Repair Service Program that has operated since 1974 . She explained where Neighborhood Strategic Area (NSA) homes are located. These homes receive priority over other homes in the city. The program serves low/moderate income homeowners throughout the city. Ms. Shobe reported on the three elements of the program: 1. Major repair - The City contracts out repairing of roofs, furnaces, sewer line hookups, etc. 2 . Minor repair - Three staff members perform minor repairs on decks, plumbing, window replacements, etc. , 3 . Painting program - This is the second year and is a more visible part of the program. Priority is given to homes in the NSA area. Nine homes are planned to be completed in 1991. 1 CITY COUNCIL PLANNING COMMITTEE MINUTES OF MEETING OF SEPTEMBER 41 1990 - Ms. Shobe stated there will be more emphasis in 1991 on minor repairs rather than major repairs due to the long waiting list for repairs. Ms. Ball explained the recommended action needed to adopt the 1991 Community Development Block Grant program as proposed and for it to go to full City Council on September 18 , 1990. The adopted program must be forwarded to King County by October 1, 1991. council member Leona Orr MOVED and Council member Christi Houser SECONDED the motion to have this item go to City Council on September 18, 1990. MOTION carried. HUMAN SERVICES ROUNDTABLE UPDATE (LIN BALL) Senior Planner Lin Ball did not have an update today. SENIOR HOUSING CONSULTANT (JANET SHULL) Planner Janet Shull reported on the request for funds to pay for technical assistance to the Senior Housing Bond program for the purposes of helping the City develop an RFP' to acquire a site, obtaining a design/development team for the senior housing, and provide technical ,assistance for drafting grant applications for both the Housing Opportunity Fund and Housing Trust Fund grant programs to further the Kent Senior Housing Bond. This was proposed to the IBC last week. The IBC is recommending that a special budget be set up for this type of expenditure. This budget that would be paid out of the bond proceeds after the selling the bonds. A memo was passed out explaining this process. Ms. Shull explained they are asking for the Planning Committee' s approval to set up a pre-bond issue budget of $40, 000 for expenditures related to the senior housing bond. This is scheduled to go to Operations on September 11, 1990 and recommended for consent calendar of full council on September 18, 1990. Council member Leona Orr moved and Council member Christi Houser SECONDED the motion to forward this issue to City Council on September 18, 1990 with recommendation of approval. MOTION carried. GROWTH MANAGEMENT ADVISORY BALLOT (LAURI ANDERSON) Senior Planner Lauri Anderson gave a little background about the Growth Management Committee which was set up last spring by the Mayor in response to the Growth Management Act. The committee started meeting in the latter part of July with five meetings to date. Before the committee was even established, the City Council had made a motion to refer the petition from the Responsible Urban Growth Group (RUGG) to the committee for their review and analysis 2 f f CITY COUNCIL PLANNING COMMITTEE -M MINUTES OF MEETING OF SEPTEMBER 4 , 1990 to bring back to the Council some ideas on how to address the issues in this petition. As a first order of business, the Growth Management Committee looked at the petition. One idea that came of their discussions was for an advisory ballot. The Responsible Urban Growth Group had mentioned this at the time they presented the petition to the City Council. The purpose of this meeting was to discuss having the advisory ballot go from City Council to the King County Records and Election Office by September 21, 1990, to be included on the November 6 general election ballot. The Committee held a special meeting last week to determine whether they were interested in a ballot. The decision was in favor except one dissenting vote from the Seattle Master Builders Association representative. The association sent a letter stating their opposition to the advisory ballot. On the memo included in the agenda packet, the exact wording of the ballot measure was not included. The Mayor 's Growth Management Committee met to compose the wording today. Ms. Anderson read and passed out a memo of the approved wording by the Mayor' s Growth Management ' Committee for the recommended advisory ballot as follows: "Should Kent immediately adopt interim growth controls-- pending implementation of state-directed growth management measures--which would require installation of public facilities (schools, roads, parks, etc. ) before or during construction of new multifamily, industrial, or commercial developments; control the rate of development; and control conditions for multifamily rezones?" Ms. Anderson explained that to place this measure on the ballot there will be a charge which is prorated out among all of the jurisdictions which have measures on the November 6 ballot. At the time we initially spoke to King County Records and Elections, they quoted us 1 figure of approximately one dollar per registered voter or $13 , 000 . Last week the Planning Department was informed this could be dropped to as low as fifty cents per registered voter. The amount depends on how many measures end up on the ballot which is not determined until September 21, 1990. Since there is a fiscal impact, it is scheduled to go to the IBC on September 5, 1990. The committee did not make a recommendation rather, the Committee members decided to take this action to full City Council on September 18 as a public hearing rather than Other Business for discussion. 3 CITY COUNCIL PLANNING COMMITTEE MINUTES OF MEETING OF SEPTEMBER 41 1990 Much discussion occurred as to the possibilities if this measure failed and the consequences. Rather than this item be placed under Other Business, the Committee members decided to take this to full City Council on September 18 as a public hearing for discussion on the issue at hand for Council to pass a resolution to place this question before the voters on the November 6 general election. ADDED ITEM - LABOR FORCE Council member Leona Orr stated that it has been brought to her attention through Jim White and a business owner of a problem with the building, and housing the business called the Labor Force. Senior Planner Carol Proud has been working on a zoning code violation. The Public Works Committee met in the moring on September 4 and recommended that the Planning Committee make a report to find out what Council action can be taken about the complaints and problems. Bill Williamson was instructed by the Public Worlds Committee to meet with Carol Proud and look at what can be done. ADJOURNMENT The meeting adjourned at approximately 5: 10 p.m. 4 �I Kent City Council Meeting Date September 18 , 1990 Category Consent Calendar 1. SUBJECT: FAUS FUNDING PROPOSED ALLOCATION METHOD CHANGE 2 . s recommended by the Public Works Committee uthorization to support the change in allocation of ing to the City from a project priority basis to an allocation based on current population and for the Director of Public Works to communicate that support to the King County 1 Public Works officials and King Subregional Council. l 3 . EXHIBITS: Excerpt from Public Works Committee minutes and supporting information 4 . RECOMMENDED BY: (Committee, Staff, Examin r, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO K YES FISCAL/PERSONNEL-NOTE Recommended Not Recommended 6. EXPENDITURE REQUIM: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3D PUBLIC WORKS COMMITTEE «• SEPTEMBER 4 , 1990 PRESENT: JIM WHITE BILL WILLIAMSON LEONA ORR ED WHITE DON WICKSTROM JOHN BOND GARY GILL 94th Avenue Between Canyon and James Wickstrom explained the cost of the requested traffic modifications would be $10, 273 which IBC has proposed taking out of the Street Operating Funds. We had originally budgeted adequate funds in the Street budget to cover a storm drainage utility rate increase which has not been implemented to date; thus, there are adequate funds to cover the expense for the 94th modifications. Ed White added that Mr. Dunn has asked the City to reconsider this modification. Mr. Dunn would like to investigate the possibility of constructing curb, gutter and sidewalk. White stated he had expressed to Mr. Dunn that the City did not have funding for that extensive an improvement. Mr. Dunn wanted to meet with the residents of the area to determine if they would be willing to put together an LID for curb, gutter and sidewalk on both sides of 94th. Mr. Dunn anticipates being able to meet with the residents this month. The Committee determined they would be willing to delay installation of the traffic circles until such time as Mr. Dunn has been able to meet with the residents about an LID. FAUS Funding - Proposed Allocation Method Chancre Wickstrom stated the Public Works Directors of King County have been discussing a change in the allocation of FAUS funding. Currently the funds are distributed by King Subregional Council to the cities for projects on a project prioritization basis. This is not the way federal funds are distributed in other areas of Washington. The King County Public Works officials are recommending the funds be distributed based on current population. White asked how that would affect Kent. Wickstrom responded we have averaged $125, 000 a year over the past few years. Based on population, we anticipate Kent's allocation to be $126, 000 which would be guaranteed and we could budget accordingly. The Committee unanimously recommended support for the change in allocation method for FAUS funds. 228th Street Acquisition Wickstrom stated that, based on the appraisals we have received, acquisition costs for the right of way will be more than what we originally estimated. Wickstrom proposed transferring an additional $20, 000 from the non-LID portion of the West Valley DEPARTMENT OF PUBLIC WORKS July 27, 1990 TO: Public Works Committee FROM: Don Wickstrom RE: FAUS Funding - Proposed Allocation Method Change King County Public Works Officials have recently discussed a proposal to change the method of allocating FAUS funding. Presently, in the King Sub-regional area, FAUS funds are allocated to the State on October 1 of each year. King Subregional Council receive FAUS funds based on the last census population averaging approximately $5. 2 million annually. These funds are then distributed to: Seattle based on last federal census; approximately $24, 000 to King Consortium; approximately $349, 000 to Metro/Commuter Pool and the remaining to King County and Cities based on project prioritization. About 12 of over 30 projects receive FAUS funding annually by this allocation. Elsewhere in the State, Sub-regional Council allocates FAUS funds to the County and Cities based upon population. These funds can then be allocated to any project on the FAUS arterial system providing it is on the approved TIP. The King County Public Works Officials are recommending that the King Sub-regional allocation method be changed to a distribution based upon current population but make provisions for annual FAUS fund allocations to the King Consortium and Metro/Commuter Pool . Changing the method of allocation would allow agencies to receive a predictable amount annually and to use those funds on any approved TIP project. It is our recommendation we support this recommended change in allocation of FAUS funding. pwcomm o4lkER tk U C ENGINEERING DEPARTMENT O 9611 S.E.36th St • P.O.Box 1440 • Mercer Island,WA 98040-1440 �`S'II I N G t (206)236-3582 • FAX:(206)236-3651 CITY Or I(Eti -JUL 1 2 1990 July 10, 1990 ENGINEERgif"3 DEPT. Mr. Don Wickstrom Director of Public Works City of Kent 220 South Fourth Kent, WA 98031 Subject: FADS Funding Proposed Allocation Method Change This letter and the attachments have been sent to King County, METRO and all 31 cities in King County to obtain written responses as to your concurrence with the concept to change FAUS Funding Allocations from a county-wide project competition to an annual allocation based on population. King County Public Works Officials at their last two monthly meetings discussed this proposed change and found it to be a good idea. Details of the proposal are in the attachments. They asked me to send this letter to request your response before requesting the King Sub-Regional Council to make the change. Please return the attached response form to me by July 23 , 1990. If you have any questions or may be considering a neqative reply, please call me at 236-3582 . We would like to make this a unanimous recommendation to facilitate the change. Yours sincerely, Philip D. Keightley, P.E. Director of Engineering Enclosures RESPONSE FORM FAUS FUNDING ALLOCATION METHOD CHANGE PROPOSAL Please return to: Philip D. Keightley, P.E. Director of Engineering City of Mercer Island 9611 SE 36th Street Mercer Island, WA. 98040 Subject: Proposal to Change Annual FAUS Funding Allocation Distributions to Being Based on the Population of Agencies in King County. please fill in the following and check one of the three responses: Name of Your Agency Responses 1. My agency supports the concept to change to a population allocation of FAUS funds; or 2 . My agency is neutral to the proposed change; or 3 . My agency opposes the concept to change to a population allocation of FADS funds. Name of Agency Official Signature Title Date _.. Draft Letter t—o_K—in_cL SRC Subject: FAUS Funds Allocation Method King County Public Works Officials request that the King Sub-Regional Council (SRC) allocate Federal Aid Urban Systems (FAUS) Funds to agencies within the region based on the current populations of agencies after an annual percentage has been allocated to the King Consortium and METRO/Commuter Pool. The attached list of the 33 King County Agencies shows for, neutral, and against the proposed change. This change is requested before the October 1991 FAUS allocations are made and is for the following reasons: 1. Reduce FAUS project administrative burdens and costs, which are greater than non-FAUS funded projects. 2 . Allow agencies to exchange FAUS funds for other funds by simple agreement. This enables fewer, larger FAUS funded projects, thereby further reducing administrative burdens and costs. 3 . Enable multi-year project planning based on known amounts of FAUS fund allocations and reduce budget changes presently necessary when projects do not win FAUS funds. 4. Provide FAUS funds at an earlier date and enable projects to be implemented at an earlier date. 5. Allow agencies to spend FAUS funds on any TIP project on the FAUS arterial system. 6. Reduce the work of the King SRC, its review boards, and their staffs. We believe this change is a win-win for all concerned and hope that the King SRC will be able to make the change quickly. Background information and additional rationale supporting the change is attached. Yours sincerely, Summary of Responses of King County Public Works Officials to Change FAUS Funding to Population Based Allocation Supports Opposed Change to Change to Name Population Neutral Population Of Allocation as to Allocation Agency Official Title of FAUS Change of FAUS Cities Algona Auburn Beaux Arts Bellevue Black Diamond Bothell (part) Carnation Clyde Hill Des Moines Duvall Enumclaw Federal Way Hunts Point Issaquah Kent Kirkland Lake Forest Pk. Medina Mercer Island Milton (part) Normandy Park North Bend Pacific Redmond Renton SeaTac Seattle Skykomish Snoqualmie Tukwila Yarrow Point other King County Metro Totals FAUS FUNDING ALLOCATIONS RING SUB-REGIONAL COUNCIL AREA Present System 1. FHWA allocates FAUS funds to State October 1 annually. 2 . King Sub-regional Council (SRC) receives FAUS funds based on 1980 (last census) population. This is about $5.2M average annually. This is distributed as follows: a. Seattle FAUS allocated based on last Federal population census. This is about $2 . 4M average annually. b. King Consortium is allocated about $24, 000 average annually. C. METRO/Commuter Pool is allocated about $349, 000 average annually. W d. King County and the Cities receive the balance based project prioritization improvement needs criteria. The amount of FAUS funds authorized for the projects is announced in about February of the year following the FHWA FAUS allocation. About 12 of over 30 projects receive FAUS funds annually. System Elsewhere in State 1. FHWA allocates FAUS funds to State October 1 annually. 2 . Sub-Regional Council allocates FAUS funds to the County and the Cities based upon population. a. Funds are available October 1 of each year. b. FAUS funds to be received can be fairly accurately predicted for budgeting purposes. C. FAUS funds can be allocated to any project on the FAUS arterial system providing it is on the approved TIP. d. FAUS funds can be exchanged for other funds between agencies within the sub-region by simple agreement. This allows the consolidation of FAUS funds into large projects to reduce FAUS administration. Goals 1. Reduce FAUS projects administrative burdens and costs. 2. Receive predictable amounts of FAUS funds annually. 3 . Be able to do multi-year projects planning based on known amounts of funds available. 4. Receive FADS funds as early as possible. 5. Be able to exchange FAUS funds with other agencies. 6. Spend FAUS funds on any TIP project on FAUS arterial system. 7 . Allow for King Consortium and METRO/Commuter Pool annual FAUS allocations as determined by the King SRC. Recommendations 1. Change the FAUS funds allocation method to a distribution based upon current population but make provisions for annual FAUS fund allocations to the King Consortium and METRO/Commuter Pool. 2 . Submit a letter (draft attached) to the King SRC requesting that the FAUS funds allocation method be changed. Notes 1. FAUS regulations require that FAUS funds be distributed to sub-regions based upon the last census. At present this is the 1980 census. The results of the 1990 census will be available for a FAUS funding allocation update for October 1993 allocations. Sub-regions can allocate funds to agencies as they wish. 2 . The Federal Transportation Act update of 1990 appears likely to continue the FAUS program. 3 . The attached spreadsheet indicates that the annual average FAUS funds most agencies received for 1973 through 1990 will be similar to the amount of FAUS _. funds most agencies would receive from population allocations based upon 1989 PSCOG population estimates. FAUS King Sub-Regional Council Population Percent FAUS % of Annual FAUS Annual FADS (1989 Est.) (Pop.) 1973-1990) FAUS (1973-1990) by Population King County -Unincorporated 495.856 34.3ok $19,522,745 20.70 $1,039,989 $1232,121 -Federal Way 64,000 4.4% $2,519,795 2.7°k $139,989 $232,121 -SeaTac 24,000 1.70b $944,923 1.0% 552,496 $87,045 Subtotal 583.856 40.40 522,987,464 24:4 51,277,081 52,117,578 Cities Except Seattle $134,700 O.tob $7,483 $7, Algona 1,705 0.10 729 Auburn 32,460 2.2% $968.135 1.0% $53,785 $11 , 29 Beaux Arts 298 0.0% $26,710 0.00 $1,484 $1,081 Bellevue 86,350 6.0% $5,831,054 6.2% $323,947 $313,181 Black Diamond 1,375 0.1% $O 0.0% SO 54,987 Bothell(part) 10,430 0.7% $610,003 0.6% $33,889 537,828 Carnation 1,250 0.1% $O 0.0° $O 54,534 Clyde Hill 3,060 0.2% $199,773 0.2°b 511,099 S1t,098 Des Moines 14.020 1.0% $396,957 0.40b 522,053 553,750 Duvall 2,205 0.20/0 SO 0.0°k SO S7,997 Enumclaw 6,380 0.4% SO 0.0°k SO 523,140 Hunts Point 528 0.0% $O D.00b SO 57,915 Issaquah 7,440 0.5% 5579,a18 0.6° 532,190 526,984 Kent 34,860 2.4oh 52,264,b90 2.4% 5125,B16 5126,433 Kirkland 36,620 2.50,E 51,982,257 2.1ob 511p,125 5132,816 Lake Forest Pk. 2,790 0.2% 5419,593 0.4°h $23,311 $10,119 Medina 2,990 0.2% $250,540 0.306 $13,919 $10,844 Mercer Island 20.380 1.40 $1,360,737 1.40 $75,597 $73,916 Milton(part) 555 0.0% $O 0.0% $0 $2,013 Normandy Park 6,320 0.4% $524,776 0.6% $29,154 $22,922 North Bend 2,310 0.2°� $O 0.0% $O $8,378 Pacific 3,740 0.3% $172,900 0.2% $9,606 $73,555 Redmond 33,400 2.3% $1,829.815 1.9% $101,656 $121,138 Renton 38,480 2.7% $2,102,920 2.2% $116,829 $139,562 Skykomish 238 0.00 $O 0.0% $O $863 Snoqualmie 1,520 0.1% $O 0.0% $O $5,513 Tukwila 11,420 O.Bg4 $1,616,652 1.7%. $89.814 5.41,419 Yarrow Point 1,020 0.1% $O 53,699 Subtotal 364,944 25.2° 521,271,630 225 51,181,757 51,323,608 Miscellaneous $435,906 0.50 $24,217 $24,217 -King Consortium 435,904 -MetroJCommuter Poo 6.278.264 $6,278,284 6.70 $348,794 5348,794 Subtotal 6,714,188 $6.714,190 7.1% S373,011 5373,011 Total Except Seattle 948.800 65.6° S$0,973,282 54.0° 52,831,849 53,441,t88 Seattle 497,200 34.4 $43.427.255 46. $2,4II2,625 $1,803,287 Total 1,446,000 100.LA $94,400,537 100. $5,244,474 $5,244,474 Kent City Council Meeting Date September 18 . 1990 Category Consent Calendar 1'. SUBJECT: 228TH STREET ACQUISITION 2. S As recomme the IBC Public Works atio Committees horization to transfer 20,0 1 from the West Va ey Highway Improvement Fund to the 228th J Street Acquisition Fund for right-of-way acquisition. 1 3. EXHIBITS: IBC recommendation and excerpt from Public Works Committee minutes 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCWPERSONNEL IMPACT: �"artn NO YES \ FISCAL/PERSONNEL NOTE: Recommended_AUN Not Recommended (/V1 6. EXPENDITURE REQUIRED: $ "" �\ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3E PUBLIC WORKS COMMITTEE SEPTEMBER 4, 1990 PRESENT: JIM WHITE BILL WILLIAMSON LEONA ORR ED WHITE DON WICKSTROM JOHN BOND GARY GILL 94th Avenue Between Canyon and James Wickstrom explained the cost of the requested traffic modifications would be $10,273 which IBC has proposed taking out of the Street Operating Funds. We had originally budgeted adequate funds in the Street budget to cover a storm drainage utility rate increase which has not been implemented to date; thus, there are adequate funds to cover the expense for the 94th modifications. Ed White added that Mr. Dunn has asked the City to reconsider this modification. Mr. Dunn would like to investigate the possibility of constructing curb, gutter and sidewalk. White stated he had expressed to Mr. Dunn that the City did not have funding for that extensive an improvement. Mr. Dunn wanted to meet with the residents of the area to determine if they would be willing to put together an LID for curb, gutter and sidewalk on both sides of 94th. Mr. Dunn anticipates being able to meet with the residents this month. The Committee determined they would be willing to delay installation of the traffic circles until such time as Mr. Dunn has been able to meet with the residents about an LID. FADS Funding - Proposed Allocation Method Change Wickstrom stated the Public Works Directors of King County have been discussing a change in the allocation of FAUS funding. Currently the funds are distributed by King Subregional Council to the cities for projects on a project prioritization basis. This is not the way federal funds are distributed in other areas of Washington. The King County Public Works officials are recommending the funds be distributed based on current population. White asked how that would affect Kent. Wickstrom responded we have averaged $125,000 a year over the past few years. Based on population, we anticipate Kent's allocation to be $126,000 which would be guaranteed and we could budget accordingly. The Committee unanimously recommended support for the change in allocation method for FAUS funds. 228th Street Acquisition Wickstrom stated that, based on the appraisals we have received, acquisition costs for the right of way will be more than what we originally estimated. Wickstrom proposed transferring an additional $20,000 from the non-LID portion of the West Valley Highway Improvement project. IBC has concurred with this recommendation. Responding to White's question, Wickstrom confirmed that if the property should ever be removed from the "farm land designation', the City could possibly recover our costs.The Committee unanimously recommended approval for the transfer of funds as proposed. Water nnaiity Enforcement Gary Gill stated we have recently discussed with the City Attorney's office the City's enforcement regulations for water quality problems. With the addition of a second water quality re inspection and enforcement of engineer, we are able to do mo problem areas. The streams and creeks in Kent have deteriorated considerably since the early 19801s. We will be notifying violators of their offending actions and the consequences of any WICKSTROM,DON / KENT70/PW - HPDesk print. ----------------------------------------- Message. Dated: 08/28/90 at 1718 . Subject: 228TH STREET ACQUISITION - FISCAL NOTE Sender: Tony MCCARTHY / KENT70/FN Contents: 3 . TO: Don WICKSTROM / KENT70/PW Part 1. TO: Gary GILL / KENT70/PW Mayene MILLER / KENT70/FN Karen SIEGEL / KENT70/PW Don WICKSTROM / KENT70/PW Part 2. A FISCAL NOTE FOR THE 228TH STREET ACQUISTION. WITH RESPECT TO THE 94TH AVENUE BETWEEN CANYON AND JAMES, WE FEEL IT CAN BE FUNDED WITH STREET OPERATING FUNDS DUE TO STREET PAYING A LOWER DRAINAGE BILL IN 1990 THAN BUDGETED. Part 3 . THE PUBLIC WORKS DEPARTMENT IS ASKING FOR AN ADDITIONAL $20, 000 TO COMPLETE THE RIGHT OF WAY ACQUISITION AT 228TH AND 64TH AVENUE TO FACILITATE CONSTRUCTION OF A FULL STREET IMPROVEMENT BY UNION PACIFIC REALTY FOR VAN DOREN'S LANDING. $100, 000 IS CURRENTLY BUDGETED BUT THIS AMOUNT IS ENOUGH TO COVER INCREASED COSTS OF ACQUISITION. THE PUBLIC WORKS DEPARTMENT HAS TENATIVELY IDENTIFIED AN ADDITIONAL $20, 000 IN FUNDS FROM THE NON LID PORTION OF THE WEST VALLEY HIGHWAY IMPROVEMENT BUDGET. THE IBC RECOMMENDS THE TRANSFER OF THE $20, 000 FROM THE WEST VALLEY HIGHWAY IMPROVEMENT BUDGET FOR THE 228TH ACQUISITION. ........... Kent City Council Meeting Date September 18 . 1990 Category Consent Calendar 1. SUBJECT: LID 331 - 240TH STREET IMPROVEMENTS 2. SUMMARY STATEMENT: Accept as complete the contract with R. W. Scott Construction for LID 331, 240th Street Improvement Project, and release of the retainage after receipt of the necessary releases from the state. i 3 . EXHIBITS: Memorandum from the Director of Public Works 4 . RECOMMENDED BY (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERPONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION ACTION• Council Agenda Item No. 3F DEPARTMENT OF PUBLIC WORKS September 12 , 1990 TO: Mayor Kelleher ��annd City Council FROM: Don Wickstrom bQ RE: LID 331 - S.E. 240th Street Improvements The contract was awarded to R.W. Scott on June 20, 1989 for the bid amount of $914, 527. 64 . The project widened S.E. 240th from 104th to 116th with sidewalks, curb and gutters, two way left turn lanes, left turn pockets, street lighting, and storm drainage. Construction costs were $1, 033 ,293 .98. It is recommended the contract be accepted as complete and the retainage released upon receipt of the State releases. nn ' Kent City Council Meeting Date September 18 1990 Category Other Business 1. SUBJECT: HARVEY PRELIMINARY SUBDIVISION NO. SU-90-3 2. SUMMARY STATEMENT: This meeting will consider the Hearing Examiner's recommendation of conditional approval of an application by Townsend-Chastain and Associates for a 10-lot single family residential preliminary subdivision. The property is located north of So. 252nd St. between 22nd Ave. So. and 25 Ave. So. 3 . EXHIBITS: Memo, staff report, Hearing Examiner's minutes and findings and recommendations 4. RECOMMENDED BY: Hearing Examiner. 8/22/90 (Committee, Staff, Examiner, Commission, etc. ) With approval with four conditions. 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: bA Councilmember mgpV�es, Councilmember seconds accept/ t findings of the Hearing Examiner and to adopt/ a Hearings Examiner's recommendation of approval with four conditions of the Harvey No. SU-90-3 10-lot single family residential preliminary subdivision. DISCUSSION• ACTION. (` Council Agenda Item No. 4A KENT PLANNING DEPARTMENT September 12 , 1990 MEMO TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: HARVEY PRELIMINARY SUBDIVISION #SU-90-3 On August 8, 1990 the Kent Hearing Examiner held a public hearing to consider a request by Townsend-Chastain & Associates, Inc. for a ten-lot single family residential preliminary subdivision. The property is approximately 2 .47 acres in size, and is located north of S. 252nd Street, between 22nd Avenue S. and 25th Avenue S. On August 22, 1990 the Hearing Examiner recommended approval of this preliminary subdivision with the following conditions: A. Prior to recordation of the final plat: 1. Provide detailed engineering drawings, obtain City or appropriate utility district approval of those drawings, and bond for or construct the following: a: necessary water system improvements to provide adequate domestic and fire flows to all lots as approved by Water District #75; b. necessary sewer system improvements to provide gravity sanitary service to all lots as approved by Midway Sewer District; C. on site storm drainage facilities (with necessary easements that may cross the subject property from adjacent properties) to drain all roadways and lots (including off-site tributary areas) which shall be constructed to incorporate detention as well as biofilitration (a minimum 200 foot long biofilitration swale with maximum 3 to 1 side Q� p L. slopes will be required) ; 02 . J Dedicate the south 30 feet of the subject property for S. 252nd Street right-of-way. V 3 . Dedicate the necessary right-of-way for full street improvements on proposed 23rd Court including a minimum 50 foot right-of-way width with a 50 foot radius cul-de- sac and 25 foot radius curb returns at the intersection with S. 252nd Street. 4 . Provide notations on the final plat mylar or linen that: _. a. development on all lots must comply with Kent solar setback requirements; MEMO TO MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS September 12, 1990 Page 2 b. an accurate tree plan is required prior to the issuance of any development permits on the lots; C. access to all lots shall be limited to the cul-de- N, sac (proposed 23rd Court S. ) . provide half-street improvements. for the entire property frontage of S. 252nd Street. Improvements shall include a half-street pavement width of 18 feet with curb and gutter, sidewalks, storm drainage, street lighting, underground utilities and related appurtenances. The asphalt surfacing of the new section must be properly feathered to the existing asphalt pavement. A partial overlay of the south half of S. 252nd Street may be necessary to properly feather the asphalt surfacing of the new section to the existing asphalt pavement. provide full street improvements for 23rd Court South including curb and gutter, sidewalks, asphalt pavement 28 feet curb to curb with a 45 foot radius cul-de-sac, street lighting, street signs, storm drainage, underground utilities, and related appurtenances. B. Prior to the issuance of any grading permit for road work or other work associated with the proposed subdivision, the applicant or owner must receive approval by the Planning Department of an accurate tree plan identifying all trees with a caliper of six inches or greater. C. Prior to the issuance of any grading permit, the applicant or owner must consult with surrounding property owners to help assure that any excavation work will not adversely impact drainage of surrounding properties. D. Prior to or in conjunction with the issuance of a development permit for any lot, the applicant or owner must construct the improvements identified in Section A, above. City of Kent - Planning Department " I I _ J S. 251st 1 - -- - - -i- T-- ��_ -1-� - 1� - - _ IL L�2A /, 30. 329' J0,11 17 M1 . 7a3e n 8 I1,012.K M1 C I JO' 1 • i / Ha-�� 'I ,/r—�\' �8 I /��70 I (�+ 9q i� IJ I — mT. _ 103' oil k�7 3 r� aoss.a OL ? 1L 1N I \ \ dl I 7y N 10 I t — — - 4- - - 1 s 7�a:.o M1 1. l a��tiho 9•t.-2� 111. \� � E I I I > ...•'. Iaioo oaew ua % 10 1 7.4k �a M1 �+, iA«�a R• �\1 I 7,271 prM1 I n 1,1 no I I/ 77 l .y$ I �7 7e' 76' — —\\ J0' 3i 30, I 30' El F- E I n1w IL - - - - � cq 1 / e arr of Vttxd CITY OF KENT OFFICE OF THE HEARING EXAMINER - FINDINGS, CONCLUSIONS AND RECOMMENDATION FILE NO: HARVEY #SU-90-3 APPLICANT: Townsend-Chastain & Associates REOUEST: A request to create ten residential lots. LOCATION: The property is located north of S. 252nd Street, between 22nd Avenue S. and 25th Avenue S. APPLICATION FILED: 5/11/90 DEC. OF NONSIGNIFICANCE ISSUED• 6/8/90 MEETING DATE: 8/8/90 RECOMMENDATION ISSUED: 8/22/90 RECOMMENDATION: APPROVED with conditions STAFF REPRESENTATIVE: Carol Proud, Planning Department " Scott Williams, Planning Department Randy Brake, Public Works Department PUBLIC TESTIMONY: Paul Morrow, applicant' s representative Other Dick Mott Mrs. Dick Mott Ludean Osburn WRITTEN TESTIMONY: Robert & Luden Osburn 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. Hearing Examiner Findings and Recommendation Harvey #SU-90-3 FINDINGS 1. This application for approval of a preliminary plat was submitted by Mr. Paul Morrow of Townsend-Chastain & Associates on behalf of Harvey Grohs of Des Moines, Washington, owner of the property proposed for development. 2 . The subject property is located north of 252nd Street, between 22nd Avenue S. and 25th Avenue S. and is approximately 2 . 47 acres in size. 3 . The applicant requests approval of a subdivision of the 2. 47 acres into 10 lots. The average lot size would be 8, 055 square feet with a minimum lot size proposed of 7, 212 square feet. 4 . The City-wide Comprehensive Plan and the West Hill Comprehensive Plan both designate the subject property as Single Family. The zoning designation of the property is R1-7.2 , Single Family Residential with a 7, 200 square foot required minimum lot size. 5. The land use surrounding the subject property is virtually all - single family. Some commercial uses exist on S. 252nd Street at its intersection with Pacific Highway South. 6. Water service is available to the site from Water District #75, subject to a Water Comprehensive Plan amendment. Sewer service is available to the site through the Midway Sewer District. The street system to be used by the site (S. 252nd Street) appears adequate to serve the proposed development of - the site if certain improvements are made. A storm water drainage system does not now exist on the site. 7. A final Mitigated Declaration of Nonsignificance was issued by the City for the proposed development on June 8, 1990 with conditions related to biofiltration of storm water, storm water drainage patterns, fire flows and street identification. There has been no appeal of the Declaration of Nonsignificance. 8. Several residents of the area surrounding the subject property expressed concerns at the time of the public hearing on this application. The concerns included: (a) extent of excavation and how this might impact drainage of the subject property; (b) protection of trees now growing on the subject property; (c) design of the homes proposed for construction on the „. 2 Hearing Examiner Findings and Recommendation Harvey JSU-90-3 _. subject property; (d) location of entry way to the subject property and the impact on a home across from the proposed entry way; (e) impact of proposed development on privacy of surrounding homes; (f) density of proposed development; and (g) location of sewer extension lines, if needed. The applicant and the City responded to each concern at the time of the public hearing. CONCLUSIONS 1. The purpose of the subdivision regulations, which includes the requirement for preliminary plat approval, is to: provide rules, regulations, requirements, and standards for subdividing land in the City of Kent, insuring that the highest feasible quality in subdivision will be attained; that the public health, safety, general welfare, and aesthetics of the City of Kent shall be promoted and protected; that orderly growth, development, and the conservation, protection and proper use of land shall be insured; that proper provisions for all public facilities . shall be made; that maximum advantage of site characteristics shall be taken into consideration; that conformance with provisions set forth in the City of Kent Zoning Code and Kent Comprehensive Plan shall be insured. _ Section 12 . 04.262 of the Kent Subdivision Code sets forth the particular requirements for an application for preliminary plat approval. That section details nine specific requirements that must be met before a preliminary plat can be recommended for approval. Based on the Findings detailed above, and with the conditions recommended in the Decision below, the application will conform to the standards set forth in City ordinances and should be APPROVED. 2 . It is necessary to apply certain conditions to approval of this application in order to assure conformance with the standards set forth in City ordinances. Specifically, conditions related to street improvements, drainage systems, tree removal, excavation, and privacy of surrounding existing 3 Hearing Examiner Findings and Recommendation Harvey #SU-90-3 residences are necessary to detail activities required of the applicant as conditions to approval of the preliminary plat. DECISION The preliminary plat application should be APPROVED subject to the following conditions: A. Prior to recordation of the final plat: 1. Provide detailed engineering drawings, obtain City or appropriate utility district approval of those drawings, and bond for or construct the following: a. necessary water system improvements to provide adequate domestic and fire flows to all lots as approved by Water District 175; b. necessary sewer system improvements to provide gravity sanitary service to all lots as approved by Midway Sewer District; C. on site storm drainage facilities (with necessary easements that may cross the subject property from adjacent properties) to drain all roadways and lots (including off-site tributary areas) which shall be constructed to incorporate detention as well as biofilitration (a minimum 200 foot long biofilitration Swale with maximum 3 to 1 side slopes will be required) ; 2 . Dedicate the south 30 feet of the subject property for S. 252nd Street right-of-way. 3 . Dedicate the necessary right-of-way for full street improvements on proposed 23rd Court including a minimum 50 foot right-of-way width with a 50 foot radius cul-de- sac and 25 foot radius curb returns at the intersection with S. 252nd Street. 4. Provide notations on the final plat mylar or linen that: a. development on all lots must comply with Kent solar setback requirements; 4 Hearing Examiner Findings and Recommendation Harvey #SU-90-3 b. an accurate tree plan is required prior to the issuance of any development permits on the lots; C. access to all lots shall be limited to the cul-de- sac (proposed 23rd Court S. ) . d. provide half-street improvements for the entire property frontage of S. 252nd Street. Improvements shall include a half-street pavement . width of 18 feet with curb and gutter, sidewalks, storm drainage, street lighting, underground utilities and related appurtenances. The asphalt surfacing of thenew section must be properly feathered to the existing asphalt pavement. A partial overlay of the south half of S. 252nd Street may be necessary to properly feather the asphalt surfacing of the new section to the existing asphalt pavement. e. provide full street improvements for 23rd Court South including curb and gutter, sidewalks, asphalt pavement 28 feet curb to curb with a 45 foot radius cul-de-sac, street lighting, street signs, storm drainage, underground utilities, and related appurtenances. B. Prior to the issuance of any grading permit for road work or other work associated with the proposed subdivision, the applicant or owner must receive approval. by the Planning Department of an accurate tree plan identifying all trees with a caliper of six inches or greater. C. Prior to the issuance of any grading permit, the applicant or owner must consult with surrounding property owners to help assure that any excavation work will not adversely impact drainage of surrounding properties. D. Prior to or in conjunction with the issuance of a development permit for any lot, the applicant or owner must construct the improvements identified in Section A, above. 'Dated this 22nd day of August, 1990 THEODORE PAUL HUNTER Hearing Examiner 5 Hearing Examiner Findings and Recommendation Harvey #SU-90-3 APPEALS FROM HEARING EXAMINER DECISIONS. Request of Reconsideration Any aggrieved person may request a reconsideration of a decision by the Hearing Examiner if either (a) a specific error of fact, law, or judgment can be identified or (b) new evidence is available which was not available at the time of the hearing. Reconsideration requests should be addressed to: Hearing Examiner, 220 Fourth Avenue S. , Kent, WA 98032 . Reconsiderations are answered in writing by the Hearing Examiner. Notice of Right to Appeal The decision of the Hearing Examiner is final unless a written appeal to the Council is filed by a party within 14 days of the decision. The appeal must be filed with the City Clerk. Usually, new information cannot be raised on appeal. All relevant information and arguments should be presented at the public hearing before the City Council. A recommendation by the Hearing Examiner to the City Council can also be appealed. A recommendation is sent to the City Council for a final decision; however, a public hearing is not held unless an appeal is filed. 6 City of Kent - Planning Department � LL'—n 44TH ST N w 244TH PL Cr x PfIR/fSIDE N 6 T H ST EL EM. SCHOOL LU HEI > S 248TH ST Pa Cr x r^ 0 N w 50TH Cr 5 250TH ST rn MIOwAr S 251ST Sr L RNOFIL L Q e 0 S 253RD 253RD ST 1� S T f' cn 5 Uj w w Sy ry Cr A 7 H 2v CD x y N p) 0 N CO S 2 5 to APPLICATION NAME: Harvey NUMBER: SU-90-3 DATE: August 1, 1990 REQUEST: Preliminary Plat LEGEND Application site VICINITY MAP Zoning boundary City limits City of Kent - Planning Department Li ao EDCD O /� JJ 1 .... ...........:.:::::::: o f i i o o Imo- V I � ❑ 21:6 3 w p p o f do I U� / A 1\ c_]dqL1co APPLICATION NAME: Harvey NUMBER: SU-90-3 DATE: August 1, 1990 REQUEST: Preliminary Plat LEGEND Application site ZONING / TOPOGRAPHY MAP Zoning boundary "' City limits -�- City of Kent - Planning Department S. 251st 17< f Ilk 17 7,328 "I� 30. / LM ice/ `ryo — N 4 1 - - go A I R — •-I lox I gill 7 p y L-2i ��1. {� P/ l\ I los �. �� I i \ � z I2 71"D s L 1O / 'I 7 4.7O I/ 7.277„JM1 I \ J X 71 77 I �Otis I �1a�' 7e' 7e' — — —� - -nn+ Ize' ear - - - -1- - i U.,M I74,j_ S.) — — ST. —�/�/� - - - - - - - - - - - - -f nlx - - - � - - I I F TEi I �� Iil -4)L — nlo2—t I I I v ya e APPLICATION NAME: Harvey NUMBER: SU-90-3 DATE: August 1, 1990 REQUEST: Preliminary Plat LEGEND Application site SITE PLAN Zoning boundary City limits -�- cmroF CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 STAFF REPORT FOR HEARING EXAMINER MEETING OF AUGUST 8, 1990 FILE NO: HARVEY #SU-90-3 APPLICANT: TOWNSEND-CHASTAIN & ASSOCIATES, INC. ON BEHALF OF HARVEY GROHS, OWNER REQUEST: A bequest to subdivide 2 .47 acres into ten residential lots. STAFF REPRESENTATIVE: Scott Williams STAFF RECOMMENDATION: APPROVAL with conditions I. GENERAL INFORMATION A. Description of the Proposal The proposal is to subdivide approximately 2 .47 acres into 10 residential lots. The average proposed lot size is 8, 055 square feet. The minimum lot size proposed is. 7, 212 square feet. B. Location The subject property is - located north of S. 252nd Street, between 22nd Avenue S. and 25th Avenue S. C. Size of Property The subject property is approximately 2 . 47 acres in size. D. Zoning The zoning of the subject property is R1-7 . 2, Single-Family Residential with 7, 200 square feet minimum' lot size. 1 Staff Report Harvey Plat #SU-90-3 E. Land Use Land use adjacent to the subject property is all single family residential. Land uses in the general area is also predominantly single family. Some commercial uses exist on S. 252nd Street, near its intersection with Pacific Highway S. F. History 1. Site History A tentative plat meeting was held for this project on April 5, 1990. The comments generated in that meeting are contained in this report. 2 . Area History The subject property is part of a 1, 100-acre area that was annexed to the City in June 1958 under Ordinance #984 (amended by Ordinance #1002) . II . ENVIRONMENTAL CONCERNS A. Environmental Assessment A final Mitigated Declaration of Nonsignificance (#ENV-90-44) was issued for the proposal on June 8 , 1990, a copy of which is included in the file of record. B. Significant Physical Features Topography and Hydrology The site is flat and covered with native vegetation. Many significant trees exist on the site. C. Significant Social Features 1. Street System The subject property has access to S. 252nd Street which is classified as a local collector. The street has a public right-of-way width of 60-feet. The actual width of paving on the street is 50 feet. The street is improved with two lanes of 2 Staff Report „. Harvey Plat #SU-90-3 asphalt paving. The average daily traffic count on the street is approximately 2, 500 trips per day. 2 . Water System Water service to the subject property is provided by Water District 475. Facilities exist in S. 252nd Street to serve the subject property. 3 . Sanitary Sewer System The subject property is provided sewer service by the Midway Sewer District. Facilities exist in S. 252nd Street to serve the subject property. 4 . Storm Water System The applicant will be required to design and construct a system to collect, detain and treat storm water prior to discharging it into the City system. 5. LID's None at the present time. III. CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application: City Administrator City Attorney Director of Public Works Chief of Police Parks & Recreation Director Fire Chief Building Official City Clerk Midway Sewer District Water District #75 In addition to the above, all persons owning property which lies within 300 feet of the site' were notified of the application and of the public hearing. Staff comments have been incorporated in the staff report where applicable. 3 Staff Report Harvey Plat #SU-90-3 IV. PLANNING DEPARTMENT REVIEW A. Comprehensive Plan The City of Kent first adopted a City-wide Comprehensive Land Use Plan in 1969. The goals, objectives and policies of the Comprehensive Plan represent an expression of community intentions and aspirations concerning the future of Kent and the area within the Sphere of Interest. The Comprehensive Plan is used by the Mayor, City Council, City Administrator, Planning Commission, Hearing Examiner and City departments to guide growth, development, and spending decisions. Residents, land developers, business representatives and others may refer to the plan as a statement of the City's intentions concerning future development. The City of Kent has also adopted a number of subarea plans that address specific concerns of certain areas of the City. Like the City-wide Plan, the subarea plans serve as policy guides for future land use in the City of Kent. CITY-WIDE COMPREHENSIVE PLAN The Comprehensive Plan Map designates the subject property as SF, Single Family. Elements of the Comprehensive Plan are addressed below followed by Planning Department comments. HOUSING ELEMENT OVERALL GOAL: ASSURE A DECENT HOME AND SUITABLE LIVING ENVIRONMENT FOR FAMILIES DESIRING TO LIVE IN KENT. 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 residential neighborhoods. Objective 2 : Permit new residential development on the East and West Hills as the necessary facilities and services are available. Objective 3 : Guide new residential growth so that it occurs in a responsible 4 Staff Report Harvey Plat ,#SU-90-3 manner , consistent with neighborhood objectives. Policy 3 : Encourage infill development of areas already served by utilities and transportation systems, to achieve maximum efficiency in the provision of services and preservation of natural features. Planning Department Comment: The area surrounding the proposed plat is developed with single family residential development similar to that proposed. Most of the lots in the area are similar in size to those proposed. As the subject property is surrounded on all sides by developed property, it is considered infill development. Facilities exist to provide water and sanitary sewer service to the subject .. .property. Conditions would be applied to the plat to assure that the transportation system in the area is sufficient to accommodate the development. Therefore, the proposed plat is consistent with the above mentioned goals, objectives and policies of the Comprehensive Plan. WEST HILL PLAN The West Hill Plan Map designates the subject property as Single Family, 4-6 units per acre. Elements of the West Hill Plan are addressed below and followed by the Kent Planning Department comment. HOUSING ELEMENT OVERALL GOAL: ASSURE PRESENT AND FUTURE HOUSING THAT IS SAFE, OFFERS A DESIRABLE LIVING ENVIRONMENT, AND IS SUPPORTED BY ADEQUATE COMMUNITY FACILITIES AND SERVICES. GOAL 1: Residential development that is related to the availability community facilities and services. Obiective 1: When making decisions concerning land use, consider the adequacy of and impact upon roads and other public facilities and services including utilities, police and 5 Staff Report Harvey Plat #SU-90-3 fire protection , public transportation, schools and parks. Policy Ensure that public facilities and services are available or will be available to support development at proposed densities. Planning Department Comment: As discussed above, adequate public facilities exist to provide utilities to the development. Conditions will be applied to the plat to assure that impacts to the transportation system are mitigated. The request for subdivision was routed to the Police, Fire and Parks Departments, as well as the Kent School District. During the SEPA review for the project, METRO was notified about the development. There was no indication that the proposed project would have undue impact on the provision of fire or police protection, schools, parks or public transportation. B. STANDARDS FOR GRANTING A SUBDIVISION The purpose of the City of Kent Subdivision Code is to provide rules, regulations, requirements, and standards for subdividing land in the City of Kent, insuring that the highest feasible quality in subdivision will be attained; that the public health, safety, general welfare, and aesthetics of the City of Kent shall be promoted and protected; that orderly growth, development, and the conservation, protection and proper use of land shall be insured; that proper provisions for all public facilities (including circulation, utilities, and services) shall be made; that maximum advantage of site characteristics shall be taken into consideration; that conformance with provisions set forth in the City of Kent Zoning Code and Kent Comprehensive Plan shall be insured. Planning Department Comment: The proposed plat is in general conformance with the regulations of the Subdivision Code. All proposed sewers, water mains, and other utilities will comply with applicable City requirements. 6 Staff Report Harvey Plat #SU-90-3 C. FEASIBILITY OF DEVELOPMENT ON PROPOSED LOTS Development on all lots in the proposed subdivision will be subject to Zoning Code requirements for development in the R1-7.2, Single-Family Residential, zoning district. All lots meet minimum lot size and width requirements. Development on the proposed lots also will have to meet solar setback requirements. As many significant trees exist on the site, a tree plan identifying trees with a caliper of six inches or greater will be required for all lots and road improvements prior to the issuance of development permits. D. PROPOSED FINDINGS The Planning Department has reviewed this application in .- relation to the Comprehensive Plan, present zoning, land use, street system, flood control problems and comments from other departments and finds that: 1. The City-wide Comprehensive Plan Map designates the site as SF, Single Family Residential. 2 . The West Hill Plan Map designates the site as Single Family 4-6 units per acre. 3 . The site is presently zoned R1-7 . 2, Single Family Residential with 7, 200 square foot minimum lot size. 4 . Land uses in the area are predominantly single family residential. 5. A mitigated Declaration of Nonsignificance was issued for the plat on June 8 , 1990 6. The site is flat and covered with native vegetation. 7 . The site has access to S. 252nd Street. 8 . The subject property would receive water and sewer service from Water District #75 and the Des Moines Sewer District, respectively. 7 Staff Report Harvey Plat #SU-90-3 VII. CITY STAFF RECOMMENDATION Upon review of the merits of this request and the Code criteria for granting a preliminary subdivision, the City staff recommends APPROVAL of the proposed 10 lot subdivision subject to the following conditions: A. PRIOR TO OR IN CONJUNCTION WITH RECORDATION OF FINAL PLAT• 1. The •final plat mylar or linen shall bear a notation which states that development on all lots shall comply with City of Kent solar setback regulations. 2 . The final plat mylar or linen shall bear a notation which states that an accurate tree plan shall be required prior to the issuance of any development permits for the lots. Further, an accurate tree plan identifying all trees with a caliper of six-inches or greater shall be submitted to the Planning Department for approval prior to issuance of any grading permits for road or other work associated with the subdivision. 3 . Dedicate the south 30-feet of the subject property for S. 252nd Street right-of-way. 4 . Dedicate the necessary right-of-way for full street improvements on proposed 23rd Court. A minimum 50-foot right-of-way width is required with a 50-foot radius cul-de-sac and 25-foot radius curb returns at intersection with S. 252nd Street. 5. The final plat mylar or linen shall bear a notation which states that access to all lots shall be limited to the cul-de-sac (proposed 23rd Court S. ) . 6 . Obtain City or appropriate utility district approval of detailed engineering drawings and construct or bond for the following: 8 Staff Report w Harvey Plat #SU-90-3 a. Storm i. Provide on-site storm system improvements and any necessary easements that may cross the property from adjacent properties. ii. Provide on-site detention in accordance with Kent standards. iii. Provide biofiltration of storm water runoff prior to discharge into public system. A minimum 200-foot long biofiltration swale with maximum 3 to 1 side slopes is required. b. Water and Sanitary Sewer i. Obtain Water District #75 approval of necessary system improvements to provide adequate domestic and fire flows to all lots. ii. Obtain Midway Sewer District approval of necessary system improvements to provide gravity sanitary service to all lots. B. PRIOR TO OR IN CONJUNCTION WITH THE ISSUANCE OF A DEVELOPMENT PERMIT ON ANY LOT: 1. Construct the improvements identified in Section A, above. KENT PLANNING DEPARTMENT July 27, 1990 9 City of Kent - Planning Department N x U) _.. 44TH ST to w N Q 244TH PL x PARlfSIDE N S T H ST EL EM. SCHOOL c w HE/ cr S 248TH ST ff^^ pq 0 v) N W SOTH cc5 250TH ST m MI DWA r �, 5 251ST Sr !� _~ L ANOFR L Q co v e S 253RD 253R0 ST K� v� n to ST w > w S,ry ¢ ¢ Cc A T H 2� z x s N 5 2 5 APPLICATION NAME: Harvey NUMBER: SU-90-3 DATE: August 1, 1990 REQUEST: Preliminary Plat LEGEND Application site VICINITY MAP Zoning boundary City limits City of Kent - Planning Department 1 ya i f S. 251st ST. 1 \ I 124 ti I e.013 q M1 I..29. I l �6�1 5 \ I I lean L I I F 103' 01i j 3 YI 'I 1 aou a n = I I 10 I \F11 / � \ 11Y5yt�p ' 2 I c I I I 11EG w '.4mrcTa wo / 7,i77 nr I 17.No e4 ti �• aeee.a M1 r 1/ r `\ I n• ul nu J _— � —I- -- i � 7T I L�R� I �2,.i 76' 76' � - - - .a I 70• 31 r \ b \\ b r — 1ze' z01' _ 1 i NL 1%4,aw.1/4. 21S29' — — _ I . S 252nd ST. �-� - - r -- — — — - - -- - - - w• 170'/i i / i //�/� I — — — — —i nlSe - - - -r - - I P�TE r' El I n1m� — TL- - -'3—L I 36 a l N I w APPLICATION NAME: Harvey NUMBER: SU-90-3 DATE: August 1, 1990 REQUEST: Preliminary Plat LEGEND Application site .,.,rE PLAN Zoning boundary City limits City of Kent - Planning Department of Jl or QI 1 :• :..,.... ..: III } � ° o ' Joi ii i � o I ° i �� If C 2c63I ido 1 Cl cD d �j i o cil _ NxxL 1 WIIIIl111[In APPLICATION NAME: Harvey NUMBER: SU-90-3 DATE: August 1, 1990 REQUEST: Preliminary Plat LEGEND ... Application site ZONING / TOPOGRAPHY MAP 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. HEARING EXAMINER MINUTES August 8 , 1990 The public hearing of the Kent Hearing Examiner was called to order by the presiding officer, Ted Hunter, Hearing Examiner, on Wednesday, August 8, 1990 at 3 : 00 p.m. in the Kent City Hall, Council Chambers. Mr. Hunter requested all those intending to speak at the hearing -• and those wishing to receive information concerning the hearing, to sign in at the sign up sheet by the door. Staff reports and agendas were available by the door. Mr. Hunter briefly described the sequence and procedure of the hearing. Each person presenting testimony was sworn in by Mr. Hunter prior to giving testimony. HARVEY Preliminary Plat JSU-90-3 A public hearing to consider the request by Townsend-Chastain & Associates, Inc. , 409 S. Third Avenue, Kent, WA 98032, for a preliminary plat to create ten residential lots. The property is 2 .47 acres in size. Zoning on the site is R1-7 . 2, Single-Family Residential (minimum lot size of 7, 200 square feet) . The subject property is located north of S. 252nd Street, between 22nd Avenue S. and 25th Avenue S. Scott Williams, Kent Planning Department, presented the staff report. Mr. Williams presented some view foils depicting 1) the location of the site and 2) the zoning of the site and surrounding uses. Mr. Williams commented a DNS was issued on June 8 , 1990. 1 Hearing Examiner Minutes August 8, 1990 Mr. Williams gave a brief topographical description of the property. Mr. Williams commented the proposed subdivision is consistent with the City-wide and the West Hill Comprehensive Plans. The subdivision is in compliance with the Subdivision Code. Mr. Williams stated the staff is recommending two additional conditions as shown in the memo dated August 6, 1990 from Don Wickstrom, Public Works Director. Mr. Williams commented staff recommends approval with conditions as shown in the staff report and the two added conditions recommended by the Public Works Director. Mr. Hunter asked whether there would be a difficulty in getting a Water Comprehensive Plan amendment? Mr. Williams stated he hasn't heard of any problems, although it hasn't been granted yet. Mr. Hunter asked if the applicant would like to comment. Paul Morrow, Townsend & Chastain, 409 S : Third Avenue, Kent, WA 98032 , stated the conditions have been reviewed and basically the applicant had no problems with the recommended conditions. Mr. Morrow asked for an explanation of the Public Works condition: the partial overlay of the south half of S. 252nd. Mr. Hunter asked if the condition to agree to do an overlay of the south half of S. 252nd is what the applicant objects to? Mr. Morrow agreed. Mr. Hunter asked if there was a Public Works Department representative available to respond to the question. Randy Brake, Public Works Department, commented the condition isn't saying the applicant is to provide a full-street overlay, however, it is necessary to feather in a transition to the south lane and it could be necessary to overlay to the south lane in order to provide the necessary transition. Mr. Brake stated there are other ways to provide the transition without providing a complete overlay. Mr. Hunter asked if there was anyone who would like to comment. Dick Mott, 2321 S. 251st Street, Kent, WA 98032 , was concerned about the height difference between his lot and the proposed subdivision. Mr. Mott was concerned about the drainage in the area and the effect on his property by this development. Mrs. Dick Mott, 2321 S. 251st Street, Kent, WA 98032 , asked about the Midway Drainage District. She thought this area was connected 2 Hearing Examiner Minutes August 8, 1990 to Water District #75 and the Des Moines Sewer District. Mrs. Mott was also concerned about the effect on the drainage in the area. Mr. Morrow commented that Des Moines Sewer District recently changed its name to Midway Sewer District. Mr. Morrow felt the sanitary sewer service would be located along 252nd. Mr. Morrow stated the City of Kent has stringent regulations regarding storm drainage that would be followed by the developer. Mr. Morrow remarked the City of Kent has solar setback requirements. Ludean Osburn, 2233 S. 252nd, Kent, WA 98032, stated the map indicates a driveway coming out of the proposed development right across from their driveway. Ms. Osburn was against having ten houses being built on ten-and-a-half acres of land. Ms. Osburn was concerned about the sight distance for cars leaving the site. Ms. Osburn felt the trees should be saved. Mr. Williams stated the staff report contains a recommended condition to save as many trees as possible. Further, a notation on the plat linen will be made stating a tree plan must be submitted prior to any six-inch or larger in diameter tree being removed from the site. Mr. Mott commented twice previously trees have been removed from the site. There was no further public notice. The hearing closed at 3 : 35 p.m. 3 .......... 1 i \, Kent City Council Meeting Date September 18. 1990 Category Other Business 1. SUBJECT: APPEAL - REZONE MINSHULL/WAGNER 2 . SUMMARY STATEMENT: On August 21, 1990, the City Council conducted a public hearing on the Minshull/Wagner rezone appeal (RZ-90-5) from the Hearing Examiner's recommendation for denial of the applicant's request for R-1-7.2 zoning. After closing the hearing, the Council voted to modify the Examiner's recommendation and to adopt R-1-12 (12,000 square feet minimum lots) for RZ-90-5. The Council directed staff to prepare conditions to mitigate traffic problems associated with the rezone. Staff proposed conditions are attached. 3 . EXHIBITS: Memo, staff report, memo to Ted Hunter from Staff, Hearing Examiner minutes dated 6/6/90 and 6/20/90, findings and recommendations, appeal form, letter from Margaret Minshull/Jacob C. and Lily Wagner dated 7/13/90, verbatim minutes from the 6/6/90 and 6/20/90 hearings, City Council minutes dated 8/21/90 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: -""NO YES FISCAL/PERSONNEL NOTE: Recommended Not R ommende 1 U_II"/J 6. EXPENDITURE REQUIRED: $ A SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: �� -- ----------' ✓ Councilmember moves, Councilmember1 seconds for Council to approve/roldi e ' of staff proposed mitigating conditions that support the Council's action to zone application for RZ-90-5 (Minshull/Wagner) to R-1-12, and direct the City Attorney to prepare the necessary ordinance. DISCUSSION• qq "- ACTION: �,'l . [ ✓/' l Council Agenda Item No. 4B crrrOF3ttXd PLANNING DEPARTMENT September 12 , 1990 TO: Mayor Dan Kelleher and City Council Members FROM: James P. Harris, Planning Director RE: Minshull/Wagner Rezone #RZ-90-5 Conditions Per the Councils request to bring forward proposed condition's for the Minshull/Wagner Rezone, RZ-90-5 made at the August 27, 1990 public hearing, staff recommends the following conditions to mitigate the impacts to the transportation system in the area: 1. The developer shall reconstruct the west half of 92nd Avenue South (minimum 18-feet of asphalt pavement) including the installation of curb and gutter, sidewalk, street lights, storm drainage, underground utilities and related appurtenances for the entire property frontage. On the east side of 92nd Avenue South a 12-foot wide asphalt paved half-street improvement shall be constructed. 2 . The developer shall widen and improve 92nd Avenue South to a width of 24-feet with a minimum five-foot paved shoulder on the west side of the street from the southerly property line to the intersection of 92nd Avenue South/South 208th Street. 3 . The developer shall install a minimum five-foot wide paved shoulder on the north side of South 200th Street from 92nd Avenue South to 96th Avenue, where an existing paved shoulder exists. 4 . Secure necessary permits and approvals from King County for all road improvements. 5 . If any road grades on the subject property exceed 12 percent, any single family residences constructed on the site shall be sprinklered. CC: Don Wickstrom, Public Works Director MY of TAMi CITY OF KENT OFFICE OF THE HEARING EXAMINER w FINDINGS, CONCLUSIONS AND RECOMMENDATION nvvicra . FILE NO: MINSHULL-WAGNER #RZ-90-5 APPLICANT: Margaret Minshull/Jacob C. and Lillie Wagner REQUEST: A request for a rezone from RA, Residential Agricultural, to R1-7 . 2 , Single Family Residential. LOCATION: The subject property is located west of 92nd Avenue S . at 20227 and 20129 92nd Avenue S. APPLICATION FILED: 3/23/90 DEC. OF NONSIGNIFICANCE ISSUED• 4/12/90 MEETING DATE: 6/6/90 and 6/20/90 RECOMMENDATION ISSUED: 7/1/90 RECOMMENDATION: DENIED STAFF REPRESENTATIVE: Fred Satterstrom, Planning Department Kathy McClung, Planning Department Scott Williams, Planning Department Gary Gill, Public Works Department Ed White, Public Works Department PUBLIC TESTIMONY: Lillie Wagner, applicant Other Donna Williamson Lisa Bishop Cal Stewart Ken Mellott WRITTEN TESTIMONY: Cindy Cameron William L. Robbins, Sr. 1 Findings and Recommendation - Minshull-Wagner #RZ-90-5 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 applicants are owners of approximately 18 . 5 acres located west of 92nd Avenue S. at 20227 and 20129 92nd Avenue South. The applicants propose a rezone of the property from RA, Residential Agricultural, to R1-7 . 2 , Single Family Residential with 7 , 200 square feet minimum lot size. 2 . The City-wide and Valley Floor Comprehensive Plan Maps designate the subject property as SF, Single Family. The Valley Floor Plan Map .was first adopted in 1979 . At that time, the subject property was designated as RA, Residential A- Agricultural. In June of 1988 , the City Council amended the Valley Floor Plan Map by Resolution No. 1120. That Resolution changed the comprehensive plan designation on the subject property from RA to SF, Single Family Residential . 3 . Land use surrounding the subject property is predominately single family residential. The property is bordered by SR 167 on the west. The area across from the subject property on 92nd Avenue S. is in the jurisdiction of King County and is zoned SR-9600, Single Family with 9 , 600 square foot lot sizes . Despite zoning which allows smaller lot sizes, most of the lots in the area are one-half acre or larger. 4 . Several residents from homes surrounding the subject property testified about traffic concerns at the public hearings. Concerns expressed included heavy, fast traffic on 92nd Avenue S . (back-ups as far as from Central Avenue to mid- span) with no shoulder or sidewalks; heavy, fast traffic on S. 200th; unsafe pedestrian access along 92nd Avenue S . so that children cannot walk to nearby school; and potential problems with traffic on S. 202nd if it is opened up for new development. 5. Any development of the subject property would impact traffic on 92nd Avenue S . That road is currently classified as a 2 Findings and Recommendation Minshull-Wagner #RZ-90-5 collector arterial. It has a paving width of 24 feet. The City testified that the current traffic count for 92nd Avenue S . is 3 , 600 to 3 ,800 vehicles per day. The estimated traffic increase which may occur as a consequence of development • of the subject property with single family dwellings 'is from 670 to 1, 100 additional trips per day depending on the density of development. This represents approximately a 20 to 30 percent increase in traffic on 92nd Avenue S. The City also testified that traffic mitigation measures could be applied including a speed limit of 35 mph, a 36 foot wide paved area, and a curb and sidewalk (at least along one side of 92nd Avenue S . ) . It was suggested that the formation of a LID for transportation improvements was also possible. 6 . The Soos Creek Planning Area, which includes the area on the east side of 92nd Avenue S. , is one of the fastest growing residential areas in King County. The demand for housing has increased substantially in the past year throughout the City of Kent. 7 . The subject property slopes to the west at approximately 14 percent. Residents of the area testified that there are a significant number of springs on the hillside. A number of the residents use wells in the area that could be impacted by development of the site. Some residents presented testimony about the wildlife on the site (hawks, pheasant, quail, rabbits, possum and deer) and expressed concern about loss of wildlife. Some residents expressed concerns about loss of views of the valley if development were to occur on the subject property. 8 . A letter from Benson Realty, Inc. was presented by the applicant and received in evidence as Exhibit 5 . The letter states that there is an "urgent need for single family houses in South King County" and that the subject property "is ideally suited and situated for just that purpose" . 9 . A Declaration of Nonsignificance with no conditions was issued for the proposed rezone on April 12 , 1990. 3 Findings and Recommendation Minshull-Wagner WRZ-90-5 CONCLUSIONS Introduction Section 15. 09 of the Kent Zoning Code requires the Hearing Examiner to use the following standards and criteria to evaluate a request for a rezone. The Hearing Examiner can recommend approval of a rezone request only if he determines that the request meets the following standards and criteria: a. The proposed rezone is consistent with the Comprehensive Plan. b. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. C. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. d. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. e. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. In addition, Section 15 . 04 . 010 of the Kent Zoning Code requires that any rezoning of RA lands to more intensive use shall : 'be predicated upon the documentation of the need for additional residential . . . land in Kent. This documentation shall consist of a fiscal impact analysis showing the other lands already zoned and accessible to municipal services are not sufficient and/or suitable to accommodate demand for the proposed uses and that the market demand for the proposed development is sufficient to generate the revenues necessary to provide municipal services required by the project. The Examiner must evaluate the proposed rezone against both sets of criteria to determine if a recommendation to grant or deny is appropriate. 4 Findings and Recommendation Minshull-Wagner #RZ-90-5 Conclusions Upon review of all the evidence submitted with reference to this request for a rezone, and upon review of the standards and criteria for evaluating the request for a rezone, the Examiner concludes that: 1. The proposed rezone is consistent with the Comprehensive Plan. Both the City-wide and the Valley Floor Plan Comprehensive Plan maps designate the subject property as SF, Single Family Residential. The Valley Floor Plan also contains goals which encourage residential development on the Valley Floor when consistent with environmental quality. 2 . The proposed rezone from RA to R1-7 .2 and subsequent development of the site would be not compatible with development in the vicinity. The subject property is surrounded by single family development that is far less dense than that proposed in the application. A change of zoning to R1-7 . 2 .would mean as many as 100 homes could be built on the subject property or about 6 homes per acre. The surrounding development has about two homes per acre. Even if some of the subject property was not developed with homesites due to streets and slopes, the density would still be far in excess of that surrounding the subject property. A zone designation of R1-12 or R1-20 would . be far more compatible with development in the vicinity. 3 . The proposed rezone would unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. The proposed •rezone, associated with single family development of the site, would increase traffic on the main corridor road by 20 to 30 percent. The traffic level is already high and already has adverse impacts on area residents. The additional traffic would cause significant additional adverse impacts. Many of these impacts could be mitigated. However, there was very little evidence presented at the public hearings regarding specific mitigation measures that would be applied. Although traffic mitigation measures are typically addressed at the time of environmental review or at the time of development permit applications, the concerns raised at the public hearings on this proposed rezone by residents in the vicinity of the subject property are specific enough to require more detail in the description of the mitigation measures that would be applied rather than those the could be applied. Without that level of detail, it cannot be concluded that the 5 _. Findings and Recommendation Minshull-Wagner #RZ-90-5 adverse impacts can be mitigated as required by Section 15. 09 of the Zoning Code. 4 . Circumstances appear to have changed substantially since the establishment of the current zoning district to warrant the Proposed. rezone, but the applicant has not provided sufficient documentation to show this as required by the Zoning ordinance. The demand for single family housing in the area has increased significantly in just the past year. The purpose of the RA zone is to "assure efficient and attractive growth" at the appropriate time. The key question to be addressed regarding the proposed rezone is when it is appropriate to rezone the property. For a rezone -of an RA zone to a more intensive classification, the City Council has required a more detailed analysis of the "change of circumstances" criteria. The required analysis is specified in Section 15. 04 . 010 of the Kent Zoning Code (as quoted above) . The applicant must document the need for additional housing by using a fiscal impact analysis showing the other lands zoned for single family residential are not sufficient or suitable to accommodate the demand for housing. The applicant' s only documentation is a letter from a realtor (Exhibit 5) which states the "urgent need for single family housing in South King County. " Neither this letter nor any other documentation made available at the public hearing addresses whether other lands already zoned for single family residential development are available in the City. In order to recommend approval of the proposed rezone, the Hearing Examiner must conclude that these other lands are insufficient or unsuitable for development. This conclusion cannot be reached without additional evidence to support it. The Hearing Examiner must also conclude that "the proposed development is sufficient to generate the revenues necessary to provide municipal services . . . required by the project" . Section 15. 04 . 010. There was no evidence submitted by the applicant or anyone else regarding the revenue needed to provide the municipal services specified in the ordinance (which includes, but is not limited to, police, fire, streets, water, drainage and sewer) . Without this evidence, the Examiner cannot conclude that there would be sufficient revenues generated to provide the necessary municipal services specified in the ordinance. 6 Findings and Recommendation Minshull-Wagner #RZ-90-5 5. The nronosed rezone would adversely affect the safety and general welfare of the citizens of the City of Kent The testimony presented at the public hearings from surrounding residents was overwhelmingly consistent with regard to the traffic problems that now exist and the concern about additional adverse impacts on the transportation system that may occur if the proposed rezone is approved. The street system in the area is not now safe for young pedestrians or bicyclists. Approval of the proposed rezone would exacerbate the situation. Traffic mitigation measures may be available that would mitigate these additional negative impacts, but they have not been identified with specificity. The applicants proposed no mitigation measures whatsoever. While some level of residential development appears appropriate for the subject property, the City Council has applied an RA zoning designation to the site to assure that development does not occur until the appropriate time. "It is essential that the City avoid excessive zoning far in advance 'of demand" . Section 15. 04 . 010 of the Zoning Code. Without documentation of the unavailability of other zones for single family housing, approval of the proposed rezone would adversely affect the general welfare of the citizens of the City. The applicants for the proposed rezone appear to be model neighbors and citizens by all accounts. Lillie Wagner stated she has lived in the area for over 40 years. Her testimony clearly indicated she shared the surrounding residents ' concerns about traffic problems, wildlife and safety for • children. However, the requirements of the City as expressed in the ordinances adopted by the City Council must be adhered to by the Hearing Examiner in his effort to "interpret, review and implement land use regulations" as required by law. The requirements to approve the request for a rezone have not been met by the applicants in. this matter. RECOMMENDATION It is recommended that the request for a rezone from RA, Residential Agricultural, to R1-7 . 2, Single Family Residential, be DENIED. . If additional evidence is provided by the applicant which supports a more intensive zoning, it is recommended that the zoning be no more intensive than R1-20 to assure compatibility. with the existing residential development surrounding the subject property 7 Findings and Recommendation Minshull-Wagner #RZ-90-5 and to help assure that adverse impacts due to traffic increases can be adequately mitigated. Dated this 5th day of July, 1990 -'0. THEODORE PAUL HUNTER Hearing Examiner APPEALS FROM HEARING EXAMINER DECISIONS . Recruest 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. 8 City of Kent - Planning Department / , Q If 1 1'• is << \n v yr 1 1/ Y. All �.�� \�•1+11� 1 1 I / nliirl +ny i I 1 11 if + , o C lill N — 1 M 1,tr 1,11, ,1 11 1 1 R a 0' 11 + n ul , ' I' I I j,`I III � 1 �''❑61�,;1;f''1``SI;1�1 it p1 \1\ APPLICATION NAME: Minshull - Wagner NUMBER: RZ-90-5 DATE: June 6, 1990 REQUEST: Rezone an 18.5 acre site from RA, Residential Agricultural to R-1 7.2 Single Family Residential with minimum lot size of 7,200 square feet. LEGEND :? Application site ZONING / TOPOGRAPHY MAP Zoning boundary '� City limits -!- City of Kent - Planning Department NTH ST 96TH ST CC 00 � o 3 � CO W Y Cr JJ W F- Q Q x W H W pp S 200TH ST OOTH ST � <'' SPRINGER • ' 3 S. EL EM. SC 202NO ST ,. v Q N J x S 206TH a W 0) > x Q1 ¢ � m rn APPLICATION NAME: Minshull - Wagner NUMBER: RZ-90-5 DATE: June 6, 1990 REQUEST: Rezone an 18.5 acre site from RA, Residential Agricultural to R-1 7.2, Single Family Residential with minimum lot size of 7,200 square feet. LEGEND Application site VICINITY MAP Zoning boundary � '� City limits -'► City of Kent - Planning Department M HI\ Y I al 1 P \ 1 ` Y I(/ a / n « _ e[ � J .n N , lY APPLICATION NAME: Minshull - Wagner NUMBER: RZ-90-5 DATE: June 6, 1990 REQUEST: Rezone an 18.5 acre site from RA, Residential Agricultural to R-1 7.2 Single Family Residential with minimum lot size of 7,200 square feet. 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. HEARING EXAMINER MINUTES June 20, 1990 The public hearing of the Kent Hearing Examiner was called to order by the presiding officer, Ted Hunter, Hearing Examiner, on Wednesday, June 20, 1990 at 3 : 00 , p.m. in the Kent City Hall, Council Chambers. Mr. Hunter requested all those intending to speak at the hearing and those wishing to receive information concerning the hearing, to sign in at the sign up sheet by the door. Staff reports and agendas were available by the door. Mr. Hunter briefly described the sequence and procedure of the hearing. Each person presenting' testimony was ,sworn in by Mr. Hunter prior to giving testimony. MINSHULL-WAGNER Rezone WRZ-90-5 A public hearing continued from June 6, 1990 to consider the request . by Margaret Minshull, 28114 ilOth Avenue SE, Kent, WA 98031 and Jacob C. and Lillie Wagner, PO Box 5490, Kent, WA 98064, to rezone approximately 18 acres from RZ, Residential Agricultural, to R1-7 . 2 , Single-Family Residential . The property is located at 20227 and 20129 92nd Avenue S. , Kent, WA 98031. Scott Williams,. Planning Department, presented the staff report. Mr. Williams commented the rezone request is a rezone from RA, Residential-Agriculture, to R1-7 . 2 , Single-Family Residential. Mr. Williams showed some view foils depicting 11 the location of the site, and 2) zoning of the site and surrounding area and 3) topography of the site. A Determination of Nonsignificance without conditions was issued on April 22 , ' 1990 . ..., 1 Hearing Examiner Minutes June 20, 1990 Mr. Williams commented the site will have access to 92nd Avenue S. Mr. Williams -stated the Traffic Department did a traffic count on 92nd Avenue S . on June 12 . A total trip count of 3 , 832 vehicles (north and southbound) for the 24-hour period was made. Mr. Williams noted that traffic mitigation and road improvements would be required at the time of preliminary plat application. ' Mr. Williams stated any plat application on the property would need to go through SEPA and the preliminary plat process. A video of the site was shown. Mr. Williams commented on. the analysis of the Comprehensive and Valley Floor Plans. Mr. Williams stated a revision to the staff report was mailed last week. 'Mr. Williams stated that in June 1988 the City Council changed the Valley Floor Plan designation for the property from RA to SF, Single-Family. The Comprehensive Plan designation for the property is Single-Family. Mr. Williams stated the rezone request could be approved without a Valley Floor Plan amendment. The R1-7. 2 zoning would comply with the SF designation. Mr. Williams - commented there wasn 't an updated map available. Mr. Williams gave a brief history on the Valley Floor Plan amendment. Carol Proud, Planning Department, commented there is available a copy of the East Valley Study and Resolution making the change to the Valley Floor Plan. Mr. Williams submitted to the record a copy of Resolution 1170 (Exhibit 3) . Mr. Williams talked about Area 5 where the site was changed from RA to SF. Mr. Williams reviewed the goals and objectives relating to this rezone request. Mr. Williams claimed staff felt the natural features of the site, especially the slopes and trees, could not be retained with the R1-7 . 2 designation as they would be with a larger-lot designation. Mr. Williams mentioned that R1-12 zoning would be more consistent with the goals and objectives. Mr. Williams commented the staff is recommending approval to R1-12 , Single Family Residential. Mr. Hunter stated there was a letter received from Cindy Cameron (Exhibit 2) . . Mr. Hunter remarked that the Zoning Code, Section 15. 04 . 010, states that the rezoning of RA lands shall be predicated upon the documentation of the need for additional residential, commercial or industrial lands. Mr. Hunter asked if there was evidence submitted relating to a fiscal impact analysis or market demand. 2 _. Hearing Examiner Minutes June 20, 1990 Mr. Williams stated the applicant submitted a letter from a real estate agent in the area. Mr. Williams commented the reasoning for the staff support of the rezone was the growth in single-family residential development in the area. Mr. Hunter asked if the applicant would like to respond. Lillie Wagner, applicant, submitted to the record a copy of her prepared remarks (Exhibit 4) . She read from the remarks. Ms. Wagner remarked the area is no longer rural. Ms. Wagner talked about the area in regard to use, location and surrounding uses. Ms. Wagner commented the site is located between a commercial area and larger, 9, 600 square feet, residential lots. Mr. Hunter asked if a fiscal impact analysis or market demand analysis was done? Ms. Wagner commented she hasn't seen one. Ms. Wagner felt the analysis would have been done by a governmental agency. Mr. Hunter said the report could have been done by a governmental agency or Ms. Wagner could have hired someone to do the analysis. Ed Cleveland, 19415 Talbot Road, Renton, WA 98055, commented there are three subdivisions being built in the area; two across the street from the subject property and one beside the property. Two of the subdivisions will have 7 ; 200 square feet lots and one will have 9, 600 square feet because of slope. These subdivisions are located . in King County. Traffic impacts from these subdivisions have been sent to Kent and Kent has responded that there would not be any significant traffic impact from these subdivisions. However, there will be about 80 homes total on these subdivisions. Mr. Cleveland commented this strip of land where the subject property is located has been considered by the City to be a transitional buffer between commercial in the valley and residential on the east slope. Mr. Cleveland stated this property was down zoned by Kent to RA, density one home to the acre, about ten years ago. Mr. Cleveland felt that to have one home to an acre of land that had all the public services is unfair, when compared to other lands with higher density and fewer available public services. Mr. Cleveland felt a density of 9 , 600 square feet should be allowed. Ms. Wagner commented down zoning this property to a lower density than surrounding property was- not equitable. 3 Hearing Examiner Minutes June 20, 1990 Mr. Hunter asked if there were any more comments. Cal Stewart, lives to the east of the Wagner parcel. Mr. Stewart stated the property is view property. Mr. Stewart felt there could be a possible obstruction of the view if the property was developed with large houses. Mr. Stewart commented he had a well on his property that was being used; he felt that the well could be damaged by allowing development. Mr. Stewart felt the site was too steep to allow 7 . 2 density. Furthermore, some natural springs are located on the property Mr. Stewart felt the traffic statements in the staff report are inaccurate. He commented the traffic from this development would impact the streets. Mr. Stewart wanted to know what the City was going to do about the traffic. In addition, there are no improvements to the street, no sidewalks or places to walk. Ken Mellott, 20110 92nd Avenue S. , Kent, WA 98031, lives across from the Wagner property. Mr. Mellott had concerns about this development in regard to the overall impact to the area, especially with the other subdivisions being developed. ' Mr. Mellott had a concern about the impact on the view with the development of this site. Mr. Mellot asked if provisions for. drainage would be required. Mr. Mellot mentioned the well on his property and the impact the development might have on the well. Mr. Mellot was concerned about the cumulative traffic impacts from this development as well as from the other subdivisions being developed. Mr. Williams remarked the City has view regulations that must be complied with. He stated that any property with a 20 percent slope is entitled to have the view protected. Mr. Williams commented on the RA, Residential Agriculture, designation. Mr. Williams stated the property has been zoned the same for approximately 30 years; not as a buffer between industrial and single-family but to facilitate a transition between agricultural use and single-family residential uses. Mr. Hunter commented the purpose of the residential agricultural zone, as stated in the Ordinance, is as the key to assuring efficient and attractive growth; it is essential that the City avoid excessive zoning far in advance of demand. Mr. Williams commented his understanding of the idea is that the original intent was to preserve the agricultural uses there. The City Council looked at property they were reasonably sure was going to be single-family at some future time. Instead of zoning it as single family immediately, the City Council decided to enact the 4 Hearing Examiner Minutes - June 20, 1990 RA designation to protect the agricultural land until such time there was a demand for single-family use. Ms. Proud remarked the average slope is about 14 percent. The hillside standards in the subdivision code govern any hillside subdivision. The hillside standards begin at 15 percent slope. Ms. Proud stated the subject site is less than the beginning hillside standards. . One of the standards 'for a hillside subdivision is the lots should be larger than usually allowed. Thus, under a rezone the Planning Department tries to allow for such standards. Ed White, Public Works Department, talked about how the trip generation figures are derived. Mr. White discussed the trip generation figures for the proposed rezone using the different lot sizes. Mr. White stated there are no improvements on the road; the road is approximately 24' to 26 feet wide, open ditch on the east side and a six to seven foot shoulder on the west side. This road is currently functioning as a local arterial. Mr. White stated with .,the build-out proposed the road could become a major roadway. Mr. White stated a speed study was not done; if requested a speed study can be done. Gary Gill, Public Works Department, commented that when the property is developed many of the questions regarding traffic and storm drainage will be resolved. Mr. Gill stated that a future developer of this property will be required to participate in the 228th/224th Corridor Project or the 192nd/196th Corridor Project. Mr. Gill remarked the developer could be required to either fully improve 92nd along the entire frontage of the property or sign a no-protest LID covenant. The developer might be required to do minimal improvements to 92nd. Mr. Gill stated that property owners who have wells should get in touch with the Public Works Department so any impacts from development could be restricted. Mr. Gill stated storm drainage would be closely monitored. Mr. Williams commented the purpose statements for the RA and MA zones were changed at the time the agricultural land study was completed approximately eight years ago. Mr. Williams read a letter received from the Benson Realty dated June 4 , 1990 (Exhibit 5) Mr. Stewart felt that a letter from a realtor stating that the land is necessary for single-family use is lining the realtor's own pocket. Mr. Stewart did not feel that letter was valid for showing it would be necessary to have the land for single-family use. There was no further testimony. The hearing was closed. 5 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. HEARING EXAMINER MINUTES June 6, 1990 The public hearing of the Kent Hearing Examiner was called to order by the presiding officer, Ted Hunter, Hearing Examiner, on Wednesday, June 6, 1990 at 3 : 00 p.m. in the Kent City Hall, Council Chambers. Mr. Hunter requested all those intending to speak at the hearing and those wishing to receive information concerning the hearing, to sign in at the sign up sheet by the door. Staff reports and agendas were available by the door. Mr. Hunter briefly described _. the sequence and procedure of the hearing. Each person presenting testimony was sworn in by Mr. Hunter prior to giving testimony. MINSHULL-WAGNER Rezone #RZ-90-5 A public hearing to consider the request by Margaret Minshull, 28114 110th Avenue SE, Kent , WA 98031 and Jacob C. and Lillie Wagner, PO Box 5490, Kent, WA . 98064 , to rezone approximately 18 acres from RZ, Residential Agricultural, to R1-7 . 2 , Single-Family Residential. The property is located at 20227 and 20129 92nd Avenue S . , Kent, WA 98031. Scott Williams, Planner, stated the applicant has requested a continuation of the Hearing Examiner meeting to June 20. Mr. Williams remarked the reason for continuance is the property owners requesting the rezone need to discuss the staff' s recommendation prior to the hearing. Mr. Hunter asked if the applicant would like to comment. 1 Hearing ' Examiner Minutes June 6, 1990 Lillie Wagner, PO Box 5490, Kent, WA 98064, remarked the request was a rezone from rural to residential. Ms. Wagner remarked they wanted time to look at the ramifications of the Comprehensive Plan on this property. Mr. Williams commented the City is in agreement with this request. Mr. Williams stated that if the applicant doesn't agree with staffs recommendation on the rezone, then the applicant will need to file for a Comprehensive Plan change prior to a rezone request. Therefore, applicant will need to make a decision on whether to withdraw the application, file for a Comprehensive Plan change, and then file for a rezone. Mr. Hunter stated he will take public testimony - today with the understanding that the City and applicant will testify at the continued hearing of June 20, 1990. Donna Williamson was interested in the access to the property. Ms. Williamson was concerned that the lots would. be 7 , 200 square feet in size while the County land was 9 , 000 square feet in size. Ms. Williamson remarked on the current congestion of 92nd Avenue S . and felt the addition of this plat would create more congestion. Ms. Williamson commented she had called about the speeding on the road and the unsafe conditions; however, it has been difficult to find who is responsible because the road is shared between City and County. Mr. Hunter asked Ms. Williamson to delineate the access. Ms. Williamson stated it was the 30 foot access lane going down the side of her property. There is a big gully on the north side. Thus', the road cannot be widened unless the gully is filled in. Mr. Hunter commented road improvements were required by the Determination of Nonsignificance. Lisa Bishop commented she lives on S. 200th Street which is an access to 92nd. Ms. Bishop stated traffic is atrocious. Ms. Bishop asked for an explanation of the traffic counts shown in the staff report. Ms. Bishop felt the lots sizes should be larger. Mr. Hunter asked that an explanation of traffic counts be made at the June 20, 1990 hearing. A letter was received into the record from Cindy Cameron (Exhibit 2) . The hearing was continued to June 20, 1990 at 3 : 00 pm. 2 Hearing Examiner Minutes June 6, 1990 KENT EAST CORPORATE PARK REZONE WRZ-90-4 A public hearing to consider the request by Trammell Crow Company, PO Box 80326, Seattle, WA 98108, to rezone 42 .85 acres from GWC, Gateway Commercial, to M2 , Limited Industrial. The subject property is located at the northeast corner of 84th Avenue S. and S. 218th Street. Carol Proud reiterated the request. Ms. Proud listed some of the surrounding businesses in this area. Ms. Proud commented this is a portion of a 42-acre site developed -as an industrial building with a commercial portion located on East Valley Highway. Ms. Proud stated there were two separate buildings, with a commercial building on East Valley Highway. A video of the site was shown. Ms. Proud identified the surrounding uses. Ms., Proud discussed the criteria that are reviewed when a rezone request is considered. The staff is recommending approval . Mr. Hunter commented the Gateway Commercial zoning was established one year ago. He asked what circumstances have changed substantially since the establishment of the Gateway Commercial district? Ms. Proud stated, as shown in the Comprehensive Plan analysis, that the established boundaries were a compromise between what the current property owners desired versus what was reasonable in determining a zoning boundary. Ms. Proud stated that if a site-specific analysis had been done, the current request would have been incorporated into the changes initiated with the Gateway Commercial zoning. Mr. Hunter asked if the applicant would like to comment. Kirk Johnson, Trammell Crow, stated he had no formal presentation. Mr. Johnson commented there were five property owners in the rezone area. . Mr. Johnson gave a brief history of the establishment of the zoning boundary. Mr. Johnson stated the requested zoning would be consistent with the type of users that would locate in the area. Mr. Johnson stated the intent is to maintain a service type of use along the East Valley Highway. Mr. Johnson gave a brief history of the ownership of this property and other property in the area. 3 Hearing Examiner Minutes June 6, 1990 Mr. Hunter asked if there was any other testimony. James H. Rust . talked about the various zoning requests that have been made. Les Snodgrass, American Lenders Service Co. , had some concerns; he talked about the traffic as well as the LID imposed on his conditional use permit. He wanted to know why this request does not have the same LID condition. Mr. Snodgrass wanted to know what was the setback for the southernmost building on the site. Ms. Proud commented the developer will be participating in the 224th/228th Corridor Project as well as 218th improvements. Fred Satterstrom, Planning Department, gave a brief explanation on the process of defining the GWC zoning. Kathy McClung, Planning Department, commented on the rezone request and the amenities that would be provided. Furthermore, the goals of the GWC zone would be accomplished. There was no further testimony. The hearing was closed at 4 : 00 pm. 4 crrr of Rtnt KENT PLANNING DEPARTMENT June 15 , 1990 b MEMO TO: TED HUNTER, KENT HEARING EXAMINER FROM: SCOTT WILLIAMS, PLANNER 7W RE: #RZ-90-5 MINSHULL WAGNER REZONE New information has arisen since the writing of the staff report for the above mentioned application. The following revisions need to be made to the staff report for the above mentioned application. The revised portions of the staff report are shown in bold face: Page 1: STAFF RECOMMENDATION: APPROVAL OF REZONE TO R1-12 Page 3 : VALLEY FLOOR PLAN The Valley Floor Plan Map designates the subject property as Sr, single Family Residential. The Valley Floor Plan was adopted in 1979 as a more specific statement of the City council ' s intentions for the -Valley Floor. The adoption of the Valley Floor Plan amounted to an update of the Comprehensive Plan as it relates to the Valley Floor. The Valley Floor Plan Map reflected an updated intention for the subject property from SF, Single Family to RA, Residential Agricultural , reflecting the intention to create a smooth transition from agricultural to residential uses. In June 1988, as part of the East Valley Study, the City Council changed the Valley Floor Plan Map designation of the property to SF, single Family Residential. Elements of the Valley Floor Plan are addressed below followed by Planning Department comments. OVERALL GOAL: INCREASE THE RESIDENTIAL POPULATION ON THE VALLEY FLOOR, ASSURING A DECENT HOME AND SUITABLE LIVING ENVIRONMENT. GOAL 3 : ASSURE ENVIRONMENTAL QUALITY IN RESIDENTIAL AREAS . Objective 1: Preserve and maintain as much of the natural environment as possible. Plannina Department Comment: The subject property slopes to the west at a rate of approximately 14 percent. The site 'is also covered with many significant trees . Memo To: Ted Hunter, Hearing Examiner Date: June 15, 1990 RE: Minshull-Wagner #RZ-90-5 Page 2 Smaller lots, such as those that would be allowed under the proposed zoning, generally make it more difficult to retain natural features. Small lots in sloped areas often require retaining walls to secure a flat building site, thus disrupting the natural topography of the area. Because relatively large portions of the lots are covered with impervious surfaces (i. e. , roofs, driveways) , reducing the number of options for site design, significant trees are often difficult to retain. Staff feels that zoning restricting lot size to 12 ,000 square feet would allow retention of natural features of the site and would, therefore, be consistent with the Plan. Page 7 : B. The Valley Floor Plan Map designates the site as SF, Single Family Residential. Pages 7 and 8 A. The proposed rezone is consistent with - the Comprehensive Plan. Planning Department Comment: While the proposed single-family residential use would be consistent with the existing Comprehensive Plan and valley Floor Plan designations for the property, the Planning Department has some concerns relative to the proposed density. Page 8 : B. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. Planning Department Comment: The surrounding land uses are predominantly residential. The area has retained a rural character. Most of the lots in the area are one- half acre or larger, despite King COunty zoning that allows smaller lot sizes (9, 600 square feet minimum) . It is the opinion of staff that the zoning proposed by the applicant (R1-7 . 2) , and the subsequent development on the site, would not be compatible with the existing development in the area. 4 Memo To: Ted Hunter, Hearing Examiner Date: June 15, 1990 RE: Minshull-Wagner #RZ-90-5 Page 3 Staff feels that rezoning the subject property to R1-12 would be more compatible with the existing development in the area. Page 10: VIII . CITY STAFF RECOMMENDATION , Upon review of the merits of this request and the Code criteria for granting a rezone the City staff recommends APPROVAL of a rezone from RA, Residential Agriculture to R1-12 , Single-Family Residential. In summary, because the Valley Floor Plan designation for the property is SF, Single Family Residential, the request could be accommodated without need for a plan amendment, as was stated in the original staff report. However, because of the physical constraints of the property (i.e. , slopes) staff feels that R1-12 is a more appropriate designation for the subject property than R1-7 . 2 . SW:ch cc: Jacob and Lillie Wagner P.O. Box 5490 Kent, WA 98064 Margaret Minshull 28114 110th Avenue SE Kent, WA 98031 James Harris, Planning Director KENT PLANNING DEPARTMENT STAFF REPORT FOR HEARING EXAMINER MEETING OF JUNE 6, 1990 FILE NO: MINSHULL-WAGNER #RZ-90-5 APPLICANT: Margaret Minshull/Jacob C. and Lillie Wagner REQUEST: A request for a rezone from RA, Residential Agricultural, to R1-7 . 2 , Single Family Residential. STAFF REPRESENTATIVE: Scott Williams STAFF RECOMMENDATION: APPROVAL OF REZONE TO R1-20 I. GENERAL INFORMATION A. Description of the Proposal The proposal is to rezone approximately 18 . 5 acres from RA, Residential Agricultural, to R1-7 . 2 , Single-Family Residential (7 , 200 square feet minimum lot size) . B. Location The subject property is located west of 92nd Avenue S . The addresses are 20227 92nd Avenue S . and 20129 92nd Avenue S . C. Size of Property The subject property is approximately 18 . 5 acres in size. D. Zoninq The zoning on the subject property currently is RA, Residential Agricultural . This was designed as a holding zone for areas that were recognized as being in transition from agricultural to residential uses. The original intent of the zone was to preserve agricultural uses Zoning across 92nd Avenue S . , which is in unincorporated King County, is SR-9600, which is a single-family residential zone with 9 , 600 square foot lot sizes. M. 1 Staff Report Minshull-Wagner #RZ-90-5 E. Comprehensive Plan The City of Kent first adopted a City-wide Comprehensive Land Use Plan in 1969 . The goals, objectives and policies of the Comprehensive Plan represent an expression of community intentions and aspirations concerning the future of Kent and the area within the Sphere of Interest. The Comprehensive Plan is used by the Mayor, City Council, City Administrator, Planning Commission, Hearing Examiner and City departments to guide growth, development, and spending decisions. Residents, land developers, business representatives and others may refer to the plan as a statement of the City ' s intentions concerning future development. The City of Kent has also adopted subarea plans that address specific concerns of certain areas of the City. Like the City-wide Plan, the subarea plans serve as policy guides for future land use in the City of Kent. CITY-WIDE COMPREHENSIVE PLAN The Comprehensive Plan Map designates the subject property as SF, Single-Family Residential . Elements of the Comprehensive Plan are addressed below followed by Planning Department comments . OVERALL GOAL: ASSURE A DECENT HOME AND SUITABLE LIVING ENVIRONMENT FOR FAMILIES DESIRING TO LIVE IN KENT. 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 residential neighborhoods . Objective 1 : Encourage new residential development on suitable areas of the Valley Floor, close to transportation corridors . Planning Department Comment: The subject property is located in close proximity to transportation corridors that access services on the East Hill and the Valley Floor. It is also in close proximity 2 Staff Report Minshull-Wagner #RZ-90-5 to a freeway interchange that provides access to a north- south corridor. The subject property is located in close proximity to two east-west corridors . Services on the Valley Floor can be accessed by utilizing either S . 208th Street or S.• 212th Street, which is a major east-west corridor in the City. Access to the services on the East Hill can be accessed by utilizing SE 208th Street or SE .200th Street. South 212th Street provides access to the Valley Freeway (SR-167) , which is a major north-south transportation corridor. VALLEY FLOOR PLAN The Valley Floor Plan Map designates the subject property as RA, Residential Agriculture. The Valley Floor Plan was adopted in 1979 as a more specific statement of the City Council ' s intentions for the Valley Floor. The adoption of the Valley Floor Plan amounted to an update of the Comprehensive Plan as it relates to the Valley Floor. The Valley Floor Plan Map reflected an updated intention for the subject property from SF, Single Family to RA, Residential Agricultural, reflecting the intention to create a smooth transition from agricultural to residential uses . Elements of the Valley Floor Plan are addressed below followed by Planning Department comments. OVERALL GOAL: INCREASE THE RESIDENTIAL POPULATION ON THE VALLEY FLOOR, ASSURING A DECENT HOME AND SUITABLE LIVING ENVIRONMENT. GOAL 3 : ASSURE ENVIRONMENTAL QUALITY IN RESIDENTIAL AREAS . Objective 1: Preserve and maintain as much of the natural environment as possible. Planning Department Comment: The subject property slopes to the west at a rate of approximately 14 percent. The site is also covered with many significant trees. 3 Staff Report Minshull-Wagner #RZ-90-5 . Smaller lots, such as those that would be allowed under the proposed zoning, generally make it more difficult to retain natural features. Small lots in sloped areas often require retaining walls to secure a flat building site, thus disrupting the natural topography of the area. Because relatively large portions of the lots are covered with -impervious surfaces (i. e. , roofs, driveways) , reducing the number of options for site design, significant trees are often difficult to retain. Staff feels that zoning restricting lot size to 20, 000 square feet would allow retention of natural features of the site and would, therefore, be consistent with the Plan. II. HISTORY A. Site History There have been no other land use applications for the subject property. The last building permit activity on the site was in 1965. B. ' Area History The subject property is part of a 320-acre area that was annexed to the City in April 1959 under Ordinance 1017 . III . LAND USE Land uses in the area are predominantly single-family residential . The site is bordered on the west by SR-167 . IV. ENVIRONMENTAL CONCERNS A. Environmental Assessment A Declaration of Nonsignificance (#ENV-90-29) was issued for the rezone on April 12 , 1990 . No conditions were attached. 4 Staff Report - Minshull-Wagner #RZ-90-5 B. Significant Physical Features 1. Tot)ograbhv and Vegetation The subject property slopes to the west approximately 14 percent. The site is covered mostly with native . vegetation, including some relatively mature trees. Portions of the site are, or have been used for pasture and are covered with grass. C. Significant Social Features I. Street System The subject property has access to 92nd Avenue S . , which is classified as a collector arterial. The street has a public right-of-way width of 60-feet. The actual width of paving on the street is 24-feet. The street is improved with two lanes of asphalt paving. The average daily traffic count on the street is 2 , 000 vehicle trips per day. Any deedings or street improvements that would be required would be addressed at the time of application for a specific development proposal (i. e. , short plat, preliminary plat) on the subject property. 2 . Water Svstem There are no City of Kent water mains in the vicinity of the proposal . The Soos Creek Sewer and Water District provides service to the subject property. The Soos Creek Sewer and Water District has indicated that there are facilities available to serve the subject property. 3 . Sanitary Sewer System There are no City of Kent sanitary sewer mains in the vicinity of the proposal . The Soos Creek Sewer and Water District provides service to the subject property. The Soos Creek Sewer and Water District has indicated that there are facilities available to serve the subject property. 5 Staff Report Minshull-Wagner #RZ-90-5 4 . Storm Water System The applicant will be required to design and construct a system to collect, detain and treat storm water prior to discharging it into the City system. This would be required as part of a preliminary plat or short plat request for this property. 5 . LID' s None at the present time. V. CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application: City Administrator City Attorney Director of Public Works Chief of Police Parks & Recreation Director Fire Chief _.. Building Official City Clerk In addition to the above, all persons owning property which lies within 200 feet of the site were notified of the application and of the public hearing. Staff comments and concerns have been incorporated into the staff report where applicable. The Fire Chief had the following comments: "The number of houses given recent growth in the area will put a great deal of stress on the currently heavily taxed response. system. This and other developments will further push the need for additionally staffed companies on the east hill . Adequate and normal width roads will be essential and some slopes could provide difficulties with winter access and may necessitate the need for more built in protection. " 6 _.. Staff Report Minshull-Wagner #RZ-90-5 VI. PLANNING DEPARTMENT REVIEW The Planning Department has reviewed this application in relation to the Comprehensive Plan, present zoning, land use, street system, flood control problems and comments from other departments and finds that: A. The City-wide Comprehensive Plan Map designates the site as SF, Single-Family Residential. B. The Valley Floor Plan Map designates the site as RA, Residential Agriculture. C. The site is presently zoned RA, Residential Agricultural . D. Land uses in the area are predominantly residential . E. A Declaration of Nonsignificance was issued for the proposal on April 12 , 1990 . F. The site slopes to the west approximately 14 percent. G. The site 'has access to 92nd Avenue S . H. The site ..receives sewer and water service from the Soos Creek Sewer and Water District. There are facilities in place to serve the site. VII. STANDARDS AND CRITERIA FOR A REZONE REQUEST The following standards and criteria (Kent Zoning Code, Section 15 . 09 . 050) shall be used by the Hearing Examiner and City Council to evaluate a request for a rezone. Such an amendment shall only be granted if the City Council determines that the request is consistent with these standards and criteria. A. The proposed rezone is consistent with the Comprehensive Plan. Planning Department Comment: The proposed rezone would be consistent with the existing Comprehensive Plan designation for the property. However, it would not be consistent with the Valley Floor Plan designation for the site. As discussed above, the Valley Floor Plan was Staff Report Minshull-Wagner #RZ-90-5 adopted in 1979 and was, essentially, an update to the Comprehensive Plan in terms of the City' s desire for growth on the Valley Floor. The site is recognized on the Valley Floor Plan Map as being in transition from agricultural to residential uses. The purpose of 'the Residential Agricultural designation is to provide a smooth transition from agricultural to residential uses. It is the opinion of staff that the R1-20 zoning district would retain the rural nature of the site and better facilitate the transition from agricultural to residential uses. The Planning Department has determined that this would be consistent with the Valley Floor Plan and would, therefore, not require a Plan amendment. However, a ' rezone to R1-7 . 2 would alter the character of the area such that the rural character could not be retained. Therefore, a Comprehensive Plan change from RA, Residential Agriculture, to SF, Single Family, would be required. B. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. Planning Department Comment: The surrounding land uses are predominantly residential . The area has retained a rural character. Most of the lots in the area are one-half acre or larger, despite King County zoning that allows smaller lot sizes (9 , 600 square feet minimum) . It is the opinion of staff that the zoning proposed by the applicant (R1-7 . 2) , and the subsequent development on the site, would not be compatible with the existing development in the area. Staff feels that rezoning the subject property to R1-20 would be more compatible with the existing development in the area and would, therefore, not require an amendment to the Valley Floor Plan. 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. f3 _.. Staff Report Minshull-Wagner WRZ-90-5 Planning Department Comment: Rezoning the subject property from RA to R1-7 . 2 and the subsequent development would create more traffic in the area. The Engineering Department would require road improvements and traffic mitigation agreements to address the traffic impacts of the development. It is not expected that the proposed rezone would unduly burden the transportation system in the City. D. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed change. Planning Department Comment: In recent years, economic growth and in-migration have fueled high demand for housing in the Puget Sound area. The Soos Creek Planning Area in particular, which includes the area on the east side of 92nd Avenue S . is one of the fastest growing areas in King County (Kent Planning Department 1989) , in terms of residential development. The demand for housing has put increased pressure on areas, such as the subject property, to be subdivided. This demand has increased substantially since the establishment of the current zoning district on the subject property. The Kent Zoning Code requires that no RA zoned lands be rezoned without documentation of the need for additional residentially zoned land. The applicant has provided documentation to the Planning Department to demonstrate the demand for additional single-family residentially zoned land in the City. ' E. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. � . Planning Department Comment: The health, safety and general welfare of the citizens of the City of Kent was considered by staff in preparation of this staff report and will be considered during the evaluation of specific development proposals for the subject property. No adverse impacts which cannot be mitigated are anticipated as a result of the proposed rezone. 9 Staff Report Minshull-Wagner _.. #RZ-90-5 VIII. CITY STAFF RECOMMENDATION Upon review of the merits of this request and the Code criteria for granting a rezone the City staff recommends APPROVAL of a rezone from RA, Residential Agriculture to R1-201 Single-Family Residential, subject to the following condition: Recommended Condition for Approval of the Rezone: If road grades on the subject property exceed 12 . percent, any single-family residences constructed on the site shall be sprinklered. KENT PLANNING DEPARTMENT May 23 , 1990 10 Office of the City Clerk O 220 S . 4 th C/� 1`? 1990 AyOj 70 City of 3Rent C,r)'C4 fCFlllr ' :Order for Transcript for �Rk . Appeal "from Decision of ' Hearing Examiner 4 Resolution 896 9 �7 Ordinance 2233 Date Q APP eal , filed 07 e9 Appellant ' s Name ' Address Hearing Examiner ' s File No . 2�. _ ��1��,�,c -' — Date of Hearing Examiner Public Hearing -71 Date of Hearing Examiner ' s Decision U•' Notice of appeal must be filed with the City Clerk within 19 days of ' tion taken by the Hearing Examiner and must be accompanied by a $25 - ilin fee. Treasurer ' s Receipt $ .. /3 �„�3 Within 30 days of the- Nearing Examiner ' s decision , the appellant shall order from the City Clerk a full transcript of the hearing held. before the Hearing Examiner and must post at •the time of the . order, .security in the amount of $100 for each tape to be transcribed . If the actual cost incurred by the City exceeds the amount posted, the appellant shall 'be required to reimburse the City for the excess amount. If the cost is less than the amount posted, any credit due will ,be returned to the appellant. Order for Transcript received //-3 / Treasurer ' s Receipt 11 13 13 (100 . 00) ^ ^ ` ~ TO : Kent City Council July 13, l990 FILE NO.. Mioshull/Wagner RZ--90--5 APPLICANT; Margaret Minshull /Jacob C . and Lillie Wagner REQUEST : Appeal to City Council of Hearing Examiner recom- mendation for denial ofRZ~90--5 In the findings of the Hearing Examiner it is felt there is an error in statement that 100 houses would be allowable under R1 -7 . 2 zoning . This does not take into account necessary utilizatimn of space for roads and utilities . . However , although Ms . Proud noted the subject site is less than the 15% slope for the beginning hillside standards , the logic for the guidelines is appreciafed for larger lots as slope increases . (See attachment #l ) Since the average of the subject site at 14% approaches the borderline, we �%-ould be agreeable (as already noted in our June 20th presentation) for approval for 9600 size . This would be compatible with lots being developed immediately across the street and in areas within a mile to North/ South and East . To the We^ " lies the East Valley Hwy , industry and warehouses . Also/ * with the acknowledged need for more affordable single family housing, the larger the lot the greater initial cost of homes . . All utilities are on hand for easy hook up---unlike many develop- ments ocurring in outlying areas . , The Hearing Examiner ' s recommendation of July' 5th was predicated " on his evaluation of our request in meeting the standards and cri- teria (pacie 4) of recommendation report . His judgments in each one of these items was negative to some extent . Ule would appre- ciate the opportunity to present a positive response to each item in. order for your Council to weigh the opposing opinions . The question of wells being impacted was raised by neighbors . A basic knowledge of the nature of wells and ground water would al- leviate those fears . The book , Water ) a volume. from the Life Science Library / and Constructing and Maintaining Your Wells and Septic `System by Alth can provide insight . Wells in the area tend to be over 100 feet deep . The well on parcel 2 (wagner parcel ) is 196 feet in depth . r The Hear ing*Examiner appeared not to have taken note of *Mr . Williams presentation of the June 1 *388 City Council action which changed the Valley Floor Plan designation for the property from RA to SF' Single Family . We feel this item has not been given due consideration for planned growth , Nor did he address directly the staff recommendation for 12000 square foot lots . _ llflhl(1FiY ; Approval of the p��l�•c��_1 Under h:�'-54-4 application with acceptable r;r'_'di.ficat.ions would achieve the following : 1 . Use of thre land for, i.t•s only useful Purpose . it is ideally suited for residential and useless for agriculture . Reduce Urban 5Fr1'd!+:l-'-i>i_'6Vf_1' i water and other services are cm site . : . Reduce poi ].Lat.ic'n--t.tre parcel is ideally located only one-1-la.lf ririle frorrr valley traffic corridors . 4 . Reduce fire_ hazards---tall dry grass and blaeberry vines would be controlled . 1 . Fl t•l'r,je t•rall::ltl'='n k'et•',veen intensive volley floor corid•rrt9rcia.l, and adjacel-O. �:R--96.00 . 1. . F'ri'-duCt•lcon ii"f E_i.gnif lcctnt tree growth reSUlting from m landscaping r-if residential sites . • 7 . f'rovicle for doCurrrented goals and need foi- single fatrnil.y a.ffordal-.le hOLISirrq . Gam' Pa fed 2 RESIDENTIAL DENSITY GUIDELINES. FOR SLOPING GROUND The folloiriag table represents the guidelines for- lot area and lot width-used by. the Subdivision Tochnical Committee when reviewing Subdivision Applications IAH tho Xing County Comprehensive Plan. Variations 'may be approved on the basis of spacial evidence, (e.g. soils reports, seismic data, etc.) . maximum Slope of minimum Rsq'd** Minimum Hax. RC Building Site Lot Area (Minus Rsq'd ,Lot Units Comp.. Area• Roads L Utilities) width' Per Plan -Graduated- Acre Polic (in square fast) 0 - 15l 7,200 60, S/A D-11 D-5 16 - 20% 8,00,0 - 15,000 70, 3/A SS-3 D-5 21 - 25% 15,500 - 20,000 80-' . 2.5/A SS-3 26 - 3o1 20,500 - 35,000 100, 2/A D-9 31 40: ----- 35,500 - Over 1351 . 1/A D-8 Olt - Over*** No Development - 0/A SS-1 • The slope of the Building Site Area is measured perpendicular to the topographic lines shown on the preliminary plat drawn to a scale of at least 1' - 100' and at intervals of. not more than 5' in elevation. The Building Site Area of a lot is considered to be an, area of approximately 5000 square feet which includes the area• of &. house, patios and driveways, cleared yard areas, etc. '• All lots must first meet minimum area requirements of .the applicable zone district. Required area in 'excess of the zone requirement may be assigned to the lot, or, may be Assigned to permanently dedicated open space if the additional open space lies adjacent to- the lot requiring it and effectively minimises the ;impact•of lot development on the slope. •*• In general, land of thin slopa should 'be placed in open space, or left in .tracts' of 5 acres or .more for use as Torest-Recreation property. Attachment M ATT"ACWE NT 8 ik o'n"! �czrre+�a.,�-� 7W .e�c •(d n�.�.,. .:r i. CITY OF KENT OFFICE OF THE HEARING EXAMINER MINSHULL/WAGNER #RZ-90-5 Verbatim Minutes of June 6, 1990 Ted Hunter: First, Minshull-Wagner rezone 90-5 application. I would like to turn to Mr. Scott Williams, Planner for the City of Kent. Sir, do you swear, affirm to tell the truth and the whole truth in the testimony you 're about to give? Scott Williams : I do. Hunter: Please proceed. Williams: On this application, the applicant has requested that the item be—continued until the June 20, Hearing Examiner meeting. Hunter: O.k. , is the applicant here. Williams: The applicant is here. Hunter: Do you know the reasons for this request or . . . Williams : Well, there are more than one property owner involved and they need to discuss between themselves, I guess, how they feel about the City' s recommendation. Hunter: O.k. , I would like to hear from the applicant on this. The reasons for the request for continuance. Do you swear, affirm to tell the truth, the whole truth in the testimony you're about to give? Lillie Wagner: Yes. I 'm Lillie Wagner and we are two parties working together on this and never having gone through it before we have discovered there are other procedures that we should have been f thinking of and we would like a little extra time to clarify. Hunter: O.k. , now what steps precisely do you think you need to clarify. I mean here' s why I 'm going to ask this, I 'm a little concerned because we have a number of people here today to hear this application and I want to know why the date should be (unclear) . 1 Hearing Examiner Minutes Verbatim Minutes Minshull-Wagner #RZ-90-5 Wagner: I realize. Well, we requested a rezone from rural agriculture and we have been advised that there is a Comprehensive Plan for the valley that probably takes precedence over this. And it' s something . that we haven't even considered and don't know anything about so we are going to have to look into this and the ramifications. Hunter: How much time, do you think, will be necessary? Wagner: Well, hopefully, we' ll know by the next hearing meeting. Hunter: O.k. The ordinances of the City do have a deadline date. Have you looked at this City' s. . .time of hearing and action by Hearing Examiner, I believe its 100 days from the date of application. Williams: "I can tell you the date of application was March 23 , 1990. So it' s been approximately 60 days . Hunter: Well, March, April, May. . .you can—have you considered withdrawing and refiling. . . Wagner: I don't know about that you see. That' s something else we have to look into. This is all new to us, so. . . Hunter: You're not prepared to forward your application today, is that what you're indicating? Wagner: That' s right. Hunter: And, is the City in agreement with the request for continuance, Mr. Williams? Williams: Yes, we are. The decision that needs to be made is basically if the applicants don't agree with the City' s. . .with our recommendation on the rezone, a. procedure they have to go through before we can even consider a rezone is a Comprehensive Plan change and, I guess, *communication wasn't what it could be so they need to decide if they want to go forward with a rezone or if they want to withdraw it and file for a Comprehensive Plan change and then the rezone. 2 Hearing Examiner Minutes _. Verbatim Minutes Mirishull-Wagner #RZ-90-5 Hunter: Well, I guess, I am a little concerned about a continuance when it doesn't appear that we really know what we are continuing for sure. If you are continuing this application which is a rezone from rural agriculture to residential 7 , 200, whether we are looking at a changing the nature of your application as I understand it, you have not determined yet, o.k. , we have a number of people here that plan to testify on this proposed application. If we are changing the nature of the application, then it presents a concern to the public notice. The public notice should be on what the application is and if you are moving forward on this application, RA to R1-7 . 2 , that is appropriate for continuance. If you are going to change the nature of your application, we really should look at withdrawing this and refiling. Williams: At this point, I believe, the applicant just wants to continue this item. Hunter: O.k. , what we will do is this . There are a number of people here who would like to testify on this proposed change and, " I think, since they took time to show up today we should take testimony from them to get an idea of what the concerns are, to see what the sense of the community is on this application. So, I 'm going to open the record, (unclear) , and take a brief testimony today with the understanding that the applicant is not prepared to move forward or prepared to respond to all the concerns that may be raised. But, in deference to the folks that have shown up today to testify, I don 't want to continue and just have them have to come back. a' second time, since they took the time to show up today. So, we will hold on, what we will do is, we (unclear) the description in the file what the proposed application is. We ' ll conduct this hearing a little bit different from our normal course in deference to the people who have appeared we will allow you to raise your concerns, present your testimony, recognizing that this will be continued. We are looking at, I think, June 20, would be the next hearing date. We will allow you to present some testimony today and return on that date if there are some additional concerns that you want to raise. We will dispense at this time with any presentation by the City and the applicant, who asked for a request for continuance. We' ll take report as is, the report has been reviewed by the Examiner, (unclear) people that has testified a either. . . (unclear) . Is there anyone present who would want to testify on this application today? O.k. we have one individual, and recognizing that this may be hardship for some, we will take 3 Hearing Examiner Minutes _. Verbatim Minutes Minshull-Wagner #RZ-90-5 your testimony today and then what we' ll do for others is continue this hearing until June 20, 3 : 00 pm. O.k. , Ma'am, if you would like to put your testimony on record, we' ll take that at this time. I 'll swear you in to begin with. Do you swear, affirm to tell the truth, the whole truth in the testimony you're about to give? Please proceed. State your name first. Donna Williamson: O.k. , I 'm Donna Williamson and I live. . .the property in question surrounds my property and the concern that I would like to address today is that the access they plan to have to the property. Because right now there ' s a lane that goes down the whole side of my property and is that the area they plan to access this property for this many homes. The noise level and just the depth of the property, it' s very much a concern to me. The other thing is the size of the lots that I 've. . .here 7200 square feet. That' s a concern to me when across the street on the County it ' s over 9, 000 square feet and with that many new homes or what have you, I 've a real concern about the congestion on 92nd Avenue S. since that street is the dividing line between the City and the County. Right now, ' it Is like the Indy 500, at 7 in the morning and 3 in the afternoon and later on in the evening and there's no shoulder on the road. The school buses have to stop a block from my house and people park in my driveway to pick their children up and although I don't have any children and that' s a concern that there, you know, are there - going to be improvements or what have you or just go on because when I called to do something about the speeding on the street because of the children, its very difficult to find out who takes responsibility on a road that is shared by the County and the City. The other thing is that, like I say, its the high volume of the street and the other thing is that since I 'm going to be surrounded possibly by all ,this new development, what is the cost to me. What am I looking at as far as outlay and expense. That' s all I have to say. Hunter: Let me make sure that I understand your concerns about the access lane. . . attached to, do you have the Planning report provided today (unclear) ? Williamson: I picked it up but I have not read it. Hunter: O.k. , there' s two maps that are attached to this report. I just want to make sure that I understand what access? 4 Hearing Examiner Minutes - Verbatim Minutes Minshull-Wagner #RZ-90-5 Williamson: I have the one that was sent to me in the mail. And, I don't know if that's the same one. Its, can I show that to you? Hunter: Certainly. 0.k. , let me just take a look at this. We can use this. This is the map attached to the last page of the Planning Department' s report. Can you indicate on that map where. . .the concern you have. . . Williamson: Yes, uh huh. Where you see 30 feet of easement. That is actually a very small lane that goes down the side of my property. The way it' s kind of laid out, this doesn't quite indicate how my property is but then there's a big gully on the north side and that' s my concern about if that would be access to all this property because right across the street from it they are putting in 23 homes up there and there's going to be more congestion coming down the hill below Chestnut Ridge and that' s where my mailbox is, across the street. Hunter: O.k. so that 30-foot easement is bordered by a gully that you are concerned about the access. Williamson: Um hum. Hunter: O.k. , you can 't get much wider on this thing. Williamson: Right, unless you fill in the gully. And, the other piece that is that when there is work done in the gully for the City sewer what have you, a year after that I lost a very large, probably 40-year-old maple tree and another one right on that property line so that' s a concern too, loss of my trees. That' s all I have to say. Hunter: . One thing that you might want to do is look at the report of the Planning Department you see the conditions attached at the time of Declaration of Nonsignificance, there ' s conditions regarding road improvements. Williamson: 292nd Avenue S. Hunter: Well, I guess, that' s what you want to look at. . . (unclear) . One other criteria that will be considering is the burden on the transportation system in the vicinity and whether there are impacts which cannot be mitigated. So, typically, we 5 Hearing Examiner Minutes Verbatim Minutes Minshull-Wagner #RZ-90-5 have some recommendations on how traffic impacts can be mitigated and there' s you will want. to post your review. See if they can take care of your concern. What we are looking at today, both these applications are rezone criteria is set forth in the ordinances and one use of the (unclear) is about traffic impacts. Williamson: O.k. I ' ll do that. Hunter: O.k. , thank you for your testimony. I noted those concerns and they will be made a part of the record as this matter is continued to 20th of June at 3 pm. O.k. , no further testimony on that application, then. We have one other individual. You want to present testimony at this time. O.k. Do you swear, affirm to tell the truth, the whole truth in the testimony you are about to give. Lisa Bishop:" I do. My name is Lisa Bishop and I guess I have more of a concern than testimony and I think my neighbors share our concern. I live on .S. 200th Street which is an access to 92nd and like Mrs. Williamson mentioned that the traffic is atrocious on that street right now and I do have small kids and I want to know what this is going • to do to our traffic situation because it is already just. . . its stressed to the max right now. And, I noticed on the significant social features, Section C, number 1, they say the average daily count is 2 , 000 vehicle trips and I 'm wondering where they got their figures from and how they got it because I think its a lot higher than that. Hunter: O.k. , so traffic is a concern, you ask for some explanation? Bishop: Right. And the size of the lots is a concern too. If they going to put houses in there, I think they should have larger lot sizes to cut down on the amount of houses. Hunter: O.k. , thank you very much. Mr. Williams, with the City, are you familiar with the traffic count and how it was established. Williams: That was information that was received from our transportation department and how recent the count was or how it was acquired, I don't know. 6 Hearing Examiner Minutes Verbatim Minutes Minshull-Wagner #RZ-90-5 Hunter: Since we're continuing this see if you can find. a response to that question for the record next time. , Williams: I will. Hunter: O.k. , then we will begin on the 20th with the testimony from the City and then from the applicant. We' ll take additional testimony from anyone concerned about application at that time. O.k. , we will then continue that and for today we will close the record on Minshull-Wagner' s application. ti crrY of Vimd CITY OF KENT OFFICE OF THE HEARING EXAMINER MINSHULL/WAGNER #RZ-90-5 Verbatim Minutes of June 20, 1990 Ted Hunter: Let's call this session to order. This is June 20th, 3 : 00, so it must be a continuation for an application for a rezone, Minshull/Wagner, #RZ-90-5. We began this. . .this hearing, on what date, June 6, 1990 and continued it until today, to gather additional information that at the time was not available so that continuation was agreed to by the applicant and the City. In addition there were a number of the members of the public at that hearing who did have an opportunity on June 6 to present oral and written testimony and we've received both oral and written testimony from the City, the applicant, and concerned citizens, members of the public, at the June 6th hearing. This is a continuation ' of that hearing date, to provide additional information on the application. So, we will follow the following order: We' ll have Mr. Scott Williams from the City Planning Department present the new information and then give the applicant an opportunity to supplement that and then anyone else that' s here that cares to speak to the application. We ' ll hear from them at that time. Mr. Scott Williams, do you swear, affirm to tell the truth, the whole truth in the testimony you're about to give. Scott Williams: I do. Hunter: Please proceed. Williams: All right. As you said the request we have before the Hearing Examiner again, today, is the Minshull/Wagner rezone. The request is for a rezone from RA, Residential Agricultural, which has a minimum lot size of one acre associated with it to a rezone from that R1-7 .2 which is a single-family residential zone with 7, 200 square foot minimum lot sizes. The subject property is located on the west side of 92nd Avenue between. . . . south of 208th. . .I beg your pardon, south of 200th and north of 208th. It' s the shaded area here. Two Hundred and Eighth is actually out of the graphic. The site is approximately 18 and a half acres in size. The current zoning on the area is RA, Residential Agriculture. Its separated. . . .the site is separated by the valley freeway from M2 , Limited Industrial. There ' s some small pieces of R1-7 . 2 down here and on the other side of 92nd Avenue is King 1 Hearing Examiner Minutes Verbatim Minutes Minshull-Wagner #RZ-90-5 County and the zoning in King county is SR 96 which is single- family residential with 9, 600 square foot minimum lot sizes. A DNS for the rezone only was issued on April 22 , 1990 with no conditions attached. The site has an average east-west slope, maybe I ' ll put this back on. An average east-west slope of about 14 percent, local slopes in different parts of the site approach 25--30 percent in places. The site has access to 92nd Avenue S. After a question that, I guess, at the June 6th meeting, our traffic department did a traffic count on that street on June 12th they found a total trip count of 3 , 832 vehicles. That's north and south bound for the 24- hour period on June 12th. I should note here that traffic mitigation and any road improvements that would be required for development on this site would occur at the time of preliminary plat application. There would be another. . .any plat application on the property would have to go through SEPA again and then through the plat process, improvements and traffic mitigation conditions are usually -attached not usually to the rezone., Water and sanitary sewer for the property are also available in 92nd Avenue to serve the property. I do have the video if you would like to see the. . . . Hunter: Let' s play that, yes. Video was played. Williams: Staff reviewed the proposal in light of the Comprehensive Plan and the Valley Floor Plan. The analysis in the original staff report starts on page 2 . There' s also a revision to the staff report which we sent out in the last week or so and what that revision deals with is basically is in the intervening two weeks between the last meeting and this one, we discovered that the City Council in June of 1988 actually changed the Comprehensive. . .pardon me. . . .the Valley Floor Plan designation for the property from RA to SF, Single-Family. The Comprehensive Plan designation for the property already was single-family and the assumption made in the staff report, the original staff report, was that the Valley Floor Plan Designation was RA, so this changed some things in terms of our review. Basically, what it means is that the application as it sits could be approved without a Comprehensive or without a valley floor plan amendment. R1-7 . 2 zoning would comply with the SF designation where as it would not have with the RA designation. 2 Hearing Examiner Minutes Verbatim Minutes Minshull-Wagner #RZ-90-5 Hunter: Where' s that documented? Has there been a revised Valley Floor Plan Map published since the time of this action? Explain how this came about? Williams: Well, the publishing of the maps was actually the problem. We didn't have an updated map or least I didn't have one. The amendment came about as part of the East Valley Zoning Study and I can, although I don't have them with me, I can get the City Council minutes and the Planning Commission minutes whereby the designation on that property was discussed and eventually changed from RA to single-family. And, the East Valley Study basically covered a much larger area than the subject property. It also included a lot of the valley floor and another major outcome of that study was the Gateway Commercial zoning district. . .the formation of that. But, this change came out of that same. . .very same study.,,, . Hunter: Is a change that now can be viewed on a map revision or is it a textural change within an ordinance revision? Williams: It was just a map change. And, again, if the map was revised since in that. . . . since that time, I don't have a copy of one. Hunter: Does anybody that you know of have a copy of one? Carol Proud of the Planning Department. Carol Proud: I don't know if, I think the problem that happen is that this one section was changed and it never got transferred to the map upstairs so by resolution. . . ordinance it has been changed officially but our staff never transferred, apparently, to the map that Scott would have used to do the initial review of it. But, we do have a copy of that study upstairs and those maps are available. Hunter: O.k. , so this in embodied in the Valley Floor Study that Changes. . . Williams: The change itself is actually embodied in an ordinance by the Council, the number of which I can't recall, but I can like I say get a copy of the. . . .produce a copy of that in a couple of minutes if you would like to see one. Hunter: I think we ' ll do that. Yes, I think we should have the 3 Hearing Examiner Minutes _. Verbatim Minutes Minshull-Wagner #RZ-90-5 ordinance. Reference to you, so why don't we take a pause in the action. If you can access it that quickly and then we' ll at least get that into evidence. Williams: O.k. Would you like me to. . . .take a pause, o.k. I can, sure. O.k. Hunter: Thank you. We ' ll' just take a slight break for the purpose of gathering relevant evidentiary material. 0.k. , we' ll go back on the record, now. Williams: I guess the first correction that I should make over what I said is that it's a resolution that changed the Plan Map not an ordinance. An ordinance isn't required to change a Comp Plan Map but it is Resolution #1170, signed June 22 , 1988, and the area that the subject property is located in is Area #5 in Appendix A which is the • last page. And then the resolution refers to Area #5 on page 3 where it changes the designation from RA to single- family. Hunter: O.k. , thank you. Williams: I ' 11 just continue on with the staff s review of the proposal in light of the Comprehensive Plan goals and policies. I 'd like to address in particular Goal #3 and Objective 1 out of the Valley Floor Plan. This is discussed beginning on page 2 of the original staff report and discussed again in the memo amending the staff report. Goal 3 reads, "Assure environmental quality in residential areas. ", Objective 1 says, "Preserve and maintain as much of the natural environment as possible. " The staff basically felt that by rezoning the property to R1-7 . 2 , the natural features of the site, i. e. , the slopes that I discussed earlier and quite a number of significant trees, these features couldn't be retained as readily with the R1-7. 2 designation as they could with a larger lot. Generally, the small lots are, oh, there' s a higher percentage of impervious area and there' s generally just less glexibility to incorporate the natural features of the site and, therefore, we felt that an R1-12 designation would be more consistent with these. . .this goal and objective out of the Valley Floor Plan than a rezone R1-7. 2 would. We also reviewed the request in light of the standards and criteria in the Zoning Code for the granting of a rezone. These were discussed beginning on page 7 of the original staff report. I 'd just like briefly to 4 Hearing Examiner Minutes Verbatim Minutes Minshull-Wagner _. #RZ-90-5 touch on the Number V of these standards which reads, "The proposed rezone and subsequent development be compatible with development in the vicinity. " Staffs feeling was that the development that's out there now both on the west and east sides of 92nd Avenue in spite of the 91600 square foot zoning is fairly rural in nature. There are a lot of larger lots and even with some subdivisions which I know have been approved on the other side, there are still a lot of large lots and we felt that the R1-7 . 2 or, I beg your pardon, the R1-12 would be more compatible with the existing development out there right now than would the R1-7.2 designation. So, our revised. . . in summary, our revised recommendation for this request is a rezone. . .approval of a rezone to R1-12 and that revised recommendation is discussed in the revision to the staff report. Hunter: O.k. , thank you. Hold on for a minute, I 've got a couple of questions. I do want to note that the Resolution #1170 we' ll receive as Exhibit 3, the file being Exhibit 1. At that the last hearing we accepted one item of evidence, a letter from Cindy Cammeron, that's Exhibit 2 and this will be Exhibit 3 which references the Comprehensive Plan change from RA to single family. Scott, I wanted to ask about the. . .the testimony. . . currently this is a residential agricultural zone? Williams: That's correct. Hunter: O.k. , and looking at the Zoning Code, Section 15. 04 . 010 reads that rezoning of RA lands shall be predicated upon the documentation of the need for additional residential, commercial or industrial land. This documentation shall consist of a fiscal impact analysis showing the other lands already zoned and accessible are not sufficient or suitable and secondly, that the market demand for the proposed development is sufficient to generate revenues necessary to provide specified municipal services. Are you aware of evidence in support of either one of those; the fiscal impact analysis or the market demand. Williams: What we received from the applicant was a letter from a real estate agent in the area. Hunter: Well, this isn't evidence that you 're submitting. Is this part of the file, so far or is this something the applicant will bring in. 5 .... Hearing Examiner Minutes Verbatim Minutes Minshull-Wagner #RZ-90-5 Williams: This is something the applicant brought in. And, it should be part of the file. Hunter• O.k. Williams: I 'm not locating it right at the moment. Our reasoning was, as I discussed in the staff report, that, based on the growth in single-family residential development in Kent and in the whole region, the demand for that kind of development was pretty self- evident and the. . . in conjunction with the City Council being on record a number of times encouraging single-family development, that the need and demand were both there. Hunter: 0.k. We can. . .have the applicant respond to that as well. The letter you referred to though was not part of the file, so if you are able to find that and if that ' s relevant to the hearing that we are..holding, it would be good to have that submitted. I do not have that in front of me and will not consider it unless we do see some copy of, it. Williams: It' s not part of your file. O.k. Hunter: 0.k. , shall we turn to a representative for the applicant. Someone here to speak to the application. Good afternoon. Voice: I have a copy of what I have for you, if you care for it now. Hunter: O.k. , let ' s, we' ll swear you in and we' ll take your name for the record. Do you swear, affirm to tell the truth and the whole truth in the testimony you're about to give. Voice• Yes. Hunter• O.k. , and your name, please? Lillie Wagner: Lillie Wagner. Hunter: O.k. , and you have some information relevant to the rezone. Wagner: Well, I just made a copy of what I 'm going to present if You would like it right now. 6 Hearing Examiner Minutes Verbatim Minutes Minshull-Wagner #RZ-90-5 Hunter: Oh, that would be helpful. O.k. Thank you very much. What we' ll do, Ms. Wagner, is we' ll just make this an exhibit to the file as well then. Wagner: All right. Hunter: O.k. , label that Exhibit 4 . O.k. Wagner: O.k. We note the revisions to this staff report now recommend approval of our application modification to R1-12. We are appreciate of the change. However, we feel that it still falls short for land use in terms of highest and best potential in . relation to the projected growth and development in the Kent city area. The Planning Department comment, page 9 of the original report, notes economic growth ' and in migration has fueled high demand for "'housing in the Puget Sound area. The Soos Creek planning area in particular. As a consequence, developments in the greater Kent area .have resulted in far-flung, unbridled urban sprawl. There is now a recognized over abundance of multiple housing with its accompanying problems and a cry for more single-family affordable housing. In the review of the Hearing Examiner, one important goal is to promote the development close in. Current planning philosophy opts for logical transition from dense to lesser concentrations. For instance, the business and commercial area, progressing to multiple residential, then to single-family and on to rural. Our application addresses this transition for the area in which it lies, from business and commercial in the valley to R1-7 . 2 and R1-9 . 6 to the east. Valley Freeway access is only one mile from the subject property as compared to the 3 to 5 miles for multiple housing on SE 208th, 240th, 256th and the Kent-Kangley and the north and south roads in between. It is noted that at the junction of 92nd Avenue S. and SE 208th Street, a parcel of land is already designated R177 .2 and that you saw on the topographical map. At the June 6 hearing which was postponed at our request, Mrs. Donna Williamson and Mrs. Bishop, expressed concerns about traffic and we have these questions. Do you know of anyplace in the greater Kent area, where rush traffic is not bad. Two, would you propose that the people who would live in the projected development live further out where xx number of miles of road would be further required and burdened. Three, if one car per house, under the requested R1-7 . 2 would enter 92nd Avenue S . during rush hours it would add less than, and we 7 Hearing Examiner Minutes Verbatim Minutes Minshull-Wagner #RZ-90-5 would say it at this point, approximately one and a half percent to the traffic. That' s in view of your new figures as to the traffic. We had three percent in here. Please remember that 90 percent of the traffic then and all of it now is from other developments. The concerns of these people and Mrs. Cammeron in her letter to the City of Kent for child safety, good schools, changing boundaries and wildlife are not new or unique to the area but have existed over the years. They all were and still are our concerns. Three of our children walk to and from Panther Lake school along the busy Benson Highway. Rules for the road were stressed for their safety. They experienced changed schools, split classes and had to make new friends and to adapt to new situations. Upon moving from the Benson School road to.an acreage, we too enjoy and protected the wildlife, quail, pheasant, a pair of .nesting hawks, coyotes loping across the fields. It was truly a productive farm, raising sheep, cattle and abundance of hay. However, it was short-livedj • as a large development went in, immediately adjacent only to be followed concentrations . of apartments in close proximity. This in an area as far out as 132nd Avenue SE. It is no longer country. We predict the wildlife in the 92nd Avenue S. area will find some haven in the nearby ravines which are not buildable because of the slope and this did not exist in the area in which we lived. In critically examining the subject property as to suitability for development, we observed: 1) the freeway was not visible from any part of the Wagner parcel #2 ; 2) the noise of the. freeway is very effectively dulled by the high-cut bank and trees to the east of the freeway. The noise is actually more apparent on 92nd. Avenue S. , 3) there is a pleasant view across the valley to the west hill, 4) a count of significant trees was 31 on the 18 and one-half acres, less than two per acre, overall, and 5) comments of the Planning Department and other agencies contacted appear favorable for the most part. Those concerns for protection of the environment and runoff from impervious surfaces, we believe, could be met in careful planning and always subject to approval by the examining agencies. We feel to restrict zoning to R1-12 would not make for the highest and best use of the property. According, if R1-7 . 2 is not determined to be acceptable we request that lot size comparable to that immediately across the road, SR-9600, be approved. As for the comments about the protecting the environment. As of now, the large majority of our lot is in. . . .overgrown with blackberry vines. It leaves much to be desired in a suitable environment. And, they have been practically uncontrollable. We 've sprayed several times. We've had a 8 Hearing Examiner Minutes Verbatim Minutes - Minshull-Wagner #RZ-90-5 bulldozer in. We can't eradicate them. So, we certainly would be interested in leaving trees but I think the planning could be done to preserve those. There are a nice group of them. And, then I have another page of summary. Rezoning the property from RZ-90-5 application to the requested R1-7 . 2 would achieve the following: Use of the land for the. . .the only useful purpose possible. It is ideally suited for residential and useless for agricultural. Two, reduce the urban sprawl as it spreads out through the country. Sewer, water and other services are on-site. Three, reduce pollution. The parcel is ideally located only one-half mile from , valley traffic corridors. Four, reduce fire hazards. Tall, dry grasses and blackberry vines would be controlled. Five, a true transition between intensive valley floor commercial and the adjacent SR 960. Six, production of significant tree growth resulting from landscaping of residential sites would occur. Seven, at present, traffic on 92nd Avenue S. originates away from the proposea' development. The rezone to permit R1-7 . 2 would add less than two percent, around one and half percent, to this traffic. Hunter: Thank you very much, that' s helpful testimony. Let me ask you, though, in addition, if I could, Mrs. Wagner, about the Zoning Code requirement for the need for additional housing. The fiscal impact analysis and the market demand analysis. Are you familiar with anything that's been done in that area. Wagner: We have seen that matter, it comes from some sort of governmental agency. Hunter: Well, it could or it could come from someone that you may have talked to about it or hired to do that sort of a thing. Wagner: I think this gentleman up here could speak. Hunter: Is it someone that. . . Voice: I know some of that. Hunter: Sir, maybe if you can respond to that maybe we can have you come to the podium and since this is official record, we will swear you in. Voice: All right. 9 Hearing Examiner Minutes Verbatim Minutes Minshull-Wagner #RZ-90-5 Hunter: Do you swear, affirm to tell the truth, the whole truth in the testimony you're about to give. Ed Cleveland: I do. Hunter: O.k. , please proceed. Cleveland: My name is Ed Cleveland. I live at 19415 Talbot Road, Renton, about a third of a mile away from the subject property. We have three subdivisions going in. Two across the street from our property and one right beside us. Thirty, let's see, 19 homes in one of them, 27 in another and proposed 25 in the third. These are all 7200 square feet except the 19 lots and they are at 9600 because of the slope. And, I have been present at the hearings in Bellevue, its King County level on those. So, I 'm very familiar with them. -I don't know exactly what you would like to know about them except that the traffic impact on the City of Kent has been fed to Kent. That information has been fed to Kent and Kent has accepted it as not having enough impact to be' significant and yet the total of them is probably 80 homes there. But, they were in bits and pieces so as to speak, you know. Hunter: O.k. Cleveland: I would like to speak further, if I could? Hunter: Certainly. Cleveland: I didn't know whether you were finished with that. . . Hunter: Well, it seems that we had a question on that. . .on that topic area that the applicant thought you could help address. You provided some information on that. If there are additional comments. Cleveland: Yeah, I had some additional comments, yes. Yeah. Hunter: . O.k. Cleveland: Well, I 've lived at my property for almost 40 years and became aware of the zoning and the density of the homes on the strip as it came into being by the building of the valley freeway. 10 Hearing Examiner Minutes Verbatim Minutes Minshull-Wagner #RZ-90-5 This long, narrow strip there was caused by the freeway coming through. I contacted the land management several times regarding zoning and density of that strip and was always told that this strip was considered to be a transitional buffer between commercial and the valley and residential on the east slope and that the City would invite applications for multiple housing, medium density. A little over ten years ago, Kent downzoned this land to RA, density one home to the acre. This, at a time, when the property on the east side of 92nd which is just across the street from the subject property was zoned 9600. To place this land under the term agriculture is misleading as it is a rocky, sandy hillside that you stand on to view the agricultural land in the valley covered by warehouses. Also, to put the density. . .a density of one to an acre on land that had all the services, sewer, water, freeway, etc. is very unfair in view of the density allowed on similarly endowed land in Kent. I see and hear the word transitional use towards this strip 6f land. Maybe I 'm in error but this word to me means an orderly move from one zoning to another. In ,other words, some zoning between commercial and 9600, not some zoning less than either. I have walked this property, the subject property, and not been overly aware of the freeway. Certainly, anything built on this land will not affect the view of any of the homes to the east. I would urge the City to look favorably upon a density of 9600 square feet. Thank you. Hunter: Thank you very much. Let ' s turn back. Is there any further testimony from the applicant ' s side of this. Those that are in support of the proposed rezone. Any further information that you want to support at this time. Wagner: This isn't really any further information other than a comment. I think the die was cast when industry and business was allowed to go into the valley and cover over the very fine lush soil instead of putting industry on the hill as a study committee had, many years ago, recommended. And, it is inconceivable that, as the gentleman put it much better, that you downzone an area 'between two of more density. Hunter: Thank you very much, Mrs. Wagner. O.k. , is there others, now, that would like to come forward and present testimony for or against or raise questions. Anyone else, testimony? Yes, sir. Do you swear, affirm to tell the truth and the whole truth in the testimony you 're about to give. 11 Hearing Examiner Minutes w Verbatim Minutes Minshull-Wagner #RZ-90-5 Voice: Yes, I do. Hunter: Please proceed. Cal Stewart: My name is Cal Stewart. I live directly east of the Wagner parcel and this property is a view property and as the applicant made reference to a moment ago there is quite a pleasant view of the valley floor and of the west hill. And, I see a possible obstruction of this view if the property was developed and large houses put up there. Houses that seem to be quite popular with developers these days. Ed Cleveland mentioned a while ago that there would be no obstruction with view to the houses east of this property. I would hope that would be the case but if they elected to build right up close to 92nd Avenue with a two-story house it would definitely block my view. I would also like to go on record as having a well on my property. Its an excellent well, we use it for the residence. I would like to go on record as just mentioning this in case of any development that would possibly damage the supply of water. To address the lot size, in my - opinion, of course I 'm certainly no expert on the subject, but 7 . 2 is ridiculous for that property. It' s just too steep. There would have to be so much terracing done in order to level the site. Then you would have to take out trees . I 'm not sure about this particular parcel, but I know that most of that hillside is covered with. . .excuse me, not covered but has natural springs drainage. I know there are several on my property and the small lot size is not going to help that problem any. Even if you do figure out how to put all these people on this hillside, what are you going to do with them traffic-wise. The staff report says this is not going to create a problem. They can be mitigated. I would like to know what they are going to do about it. I 've lived on that street since 157 and have watched all the development. . .all of the development in the area. I watched it all build up and there hasn't been any improvement to either 92nd Avenue or S. 200th in the 30 plus years that I 've been living there and the traffic is really getting bad and, you know, where do we draw the line. The applicant says this is not going to create much more of a problem. Well, if we continue with this attitude, I mean, you know, where is it going to stop. One day last week I couldn't even get out of my driveway. It was bumper to bumper the full length of 92nd Avenue as far as you could see up 200th. I don't know if there was an accident or what but it was just completely stopped. And, you get another 80 or 100 homes across the street that' s not really going 12 Hearing Examiner Minutes Verbatim Minutes Minshull-Wagner #RZ-90-5 to help the situation. There are no shoulders or sidewalks for the kids. We have a school just a couple blocks up the hill. My boys like to go up there and play, but its too dangerous for them to walk up there. You got to get them in the car and actually drive them up there which is, you know, crazy. But, there' s, just not enough room along the side of road for the kids to safely get up and with bumper to bumper traffic its. . . .its just crazy. I personally feel that we .should just stop development in that area completely until something is done with the roads. Any development, now just across the street. Any development that is served by 92nd Avenue, S. 200th, they put in Chestnut Ridge which is just right up the hill, 100 and some houses. They did nothing with the road and, you know, it just continued and continues and who is going to fix the road, that's. Perhaps this doesn't pertain to this meeting but, at some point, something is going to have to be done.- unter: On the density questions now, the Planning Department has recommended approval. of the rezone to 12 , 000 square foot minimum lot size. Stewart: Yes. Hunter: Is your testimony seems to indicate, you're not supportive of that either. It's the. . .any increase. . .any development would be a problem until the traffic is resolved, is that. . . Stewart: That is correct. Hunter: Is that your testimony. Stewart: Yes. Twelve hundred, of course, is a lot better than 7200 but, at this point, I think we should address the traffic situation. You know, maybe it is just going to increase at another three percent but at some point that' s going to break the camel' s back, so to speak, so. . . O.k. Hunter: Thank you very much for your testimony. Stewart: O.k. All right. Hunter: Others. Yes, sir. Step forward. Do you swear, affirm to tell the truth, the whole truth in the testimony you're to give. 13 Hearing Examiner Minutes — Verbatim Minutes Minshull-Wagner #RZ-90-5 Mellott: Yes. Hunter: Please proceed. Ken Mellott: My name is Ken Mellott. I live at 2011. .•. Hunter: I 'm sorry, I didn 't get the last name. Mellott: I 'm sorry. Ken Mellott. M-E-L-L-O-T-T. Hunter: O.k. Mellott: We live at 20110 92nd Avenue S. , it's directly across the street from the Wagner property again. Same as Cal, just south of him. I guess I have a number of concerns. There are 22 houses going in on the east side of 92nd, south of 202nd. Two Hundred Second deadends at 92nd. And, in. . .as part of that development, they're going to open up 202nd and go straight on through Chestnut Ridge. We expect to see a tremendous increase in traffic because that' s going to be another, not really an arterial, but another good route down the hill from. . . A lot of that traffic, I expect, that would have gone over to 200th and then come down on 92nd will come down that way. It could drain some traffic off from. . .coming down 208th to the south also. I 'm not sure about that. So, the traffic count or the traffic increase just from this new development is going to be augmented by another big increase from the other side of this. . . 92nd. We also a bit concerned about a view. Our house has a view across the valley and to the west hill. Of course, true you're looking down at a bunch of warehouse roofs but it 's better than looking across the road at another house. So, we are concerned about building houses or a group of houses right next to 92nd and especially if they are two-story houses. That would. . . it would appreciably diminish any view that we have and on 7200 square foot lot it would probably totally obliterate it, just wouldn't be anything left. I 'm also concerned, again, not an expert but concerned about a 7200 square foot lot. That's all hardpan that whole hillside is hardpan and springs and I don't know where the drainage is going to go. There ' s going to have to be some kind of provision for drainage. It' s not going to seep into the ground, it' s going to loose a lot of that ground area for absorbing any rainfall or moisture that we get now with the driveways and the roofs. I. . .I assume there' s going to be some kind of an improvement to 92nd. I don't know if that ' s going to be 14 Hearing Examiner Minutes Verbatim Minutes Minshull-Wagner #RZ-90-5 done on a LID which all the neighborhood that's going to have to contribute to or if it' s going to based on. . .or is going to have to have to be. . .the cost going to be imposed on the developers of this property, 18 and a half acres. We certainly don't look forward to having to pay for improvements. I mean, if its true, it would be an improvement for us also but that' s to me is a .major concern. Who's going to have to pay for any road improvements. We understand that the 22 houses going in south of 202nd and east of 92nd, there will be some road improvements to 92nd. . . 202nd which will be paid for by the developers, not by the local homeowners. There's also a well on our place and we recently purchased a couple of places across 202nd to the south and our well is not to being used but the well across the street is useful as a water source and I don't know if this could disrupt that well or not. We had that same concern with this development going in up the hill from us. There's a lot of trees especially some real old eucalyptus tree. . .not eucalyptus, what are they, locust trees in our front yard that are right near the property line, this road line, the road right of way. There' s also some very old rose bushes that are actually in the roadway right of way. We'd be concerned about damage to all of those and there are some other trees and bushes there to in our front yard that we would be concerned about damage to in the event of any road improvement. I don't know what the legal ramifications are since they are already in the right of way for the road. And, looking at just very crude figures, at 7,200 square feet, that would convert to something in the neighborhood of 100 houses or more and this a very raw figures. I don't know how many,. . .much area will be taken up by access roads. and that kind of thing. At 9600 square foot lot, we'd be looking at something in the order of 70 houses for that area and at 12, 000 square foot which is what the staff is recommending, we are looking at something in the order of 15 houses. ' I don't know what kind of traffic figures are generated. Usually, you find more than one car per house or per family, typically two, some times three. If you have any teenagers, could be many more than that. And, that' s going to generate some additional traffic. Everybody seems to be concerned. I think, agree with Cal pretty much', that there is a potential for* real traffic problems in the area and we need to get some road improvements. It would be nice to have a little moratorium on development until those road improvements are put in but I don't expect that will ever happen. I don't see it, its never happened before, so, don 't see why it should happen now. I guess that all I have. I can appreciate the landowners looking to 15 Hearing Examiner Minutes Verbatim Minutes Minshull-Wagner #RZ-90-5 get a nest egg out of this. If I was in their position, I suppose I would be looking for something like that too, although not 7200 square feet, I cannot understand that kind of density there. Hunter: Thank you very much, sir. O.k. , are there others who would like to testify. Anyone else in favor or opposed. O.k. Opportunity for any clarifying remarks, applicant or the City? Mr. Williams, of the City. Williams: I ' ll just make a couple comments and then maybe I ' ll have our representative from our Engineering Department discuss traffic a little bit. Back to Mr. Stewart and Mr. Mellott's concerns on views. The City does have view regulation and any of the lots on this property or any. . . .I beg your pardon, any property with 20 percent slope is entitled to have their view protected and that would undoubtedly be enforced here as well. I guess going back to the, first gentleman that testified . on the residential agricultural designation, the stated purpose of that zone is to provide a transition between the agricultural and residential use of the property so zoned. So, the purpose and the property has been so zoned for, I believe, at least 30 years. Not as a buffer between the industrial and the single-family but as, to facilitate a transition between agricultural use on that property and the impending single-family residential use. So, I ' ll just make that clarification. Hunter: Let me understand that clarification. The purpose of the residential agricultural zone as stated in the ordinance is that's the key to assuring efficient and attractive growth, its essential that the City avoid excessive zoning far in advance of demand. I understand what you're saying but I wondering where it would be in the. . . Williams: I didn't mean to be quoting. And, the previous purpose statement of the residential/agricultural designation are a little more clear but my understanding of the idea was that 1lasically. . .well the original intent to preserve the agricultural uses there instead of where the City Council saw property that they were reasonably sure was going to be single-family at some time rather than zoning it for that, you know, right now they decided to enact this designation which would protect that agricultural land until such time as the demand was really there. - 16 Hearing Examiner Minutes Verbatim Minutes - Minshull-Wagner ##RZ-90-5 Hunter: I understand what you're saying and that's how one would ordinarily think of it as that type of transitional zone. But, I 'm. . .I struggle as I think you are, looking at what the Council meant in terms of its designation of residential/agricultural versus the stated purpose that is in the ordinance. They don't seem to completely dovetail. But's that what's we are working with, the zoning Code and its ordinance and the concept may or may not be the same as what' s stated in the zoning ordinance. O.k. Williams• O.k. Hunter: Anything further from. . . Williams: Maybe somebody from our Engineering Department can talk a little bit about traffic if you would like that. Hunter: That may be appropriate. Let' s first turn to Carol Proud of the Planning Department has a comment. You're under oath from the last meeting, I believe. Carol Proud: That's true. I can go again, if you like. O.k. For the record I 'm Carol Proud, I 'm senior planner with the Kent Planning Department. In looking at this proposal and looking at the slopes of the property and in the application without having a lot of detailed analysis before us, the average was stated about 14 percent and typically when a request comes in like this, we have regulations in the Subdivision Code, the Hillside Subdivision standards and those kick in at 15 percent, when the slopes reach 15 percent and even' though this property is just, a least from preliminary, our preliminary understanding and review of this that's just a little bit under that. But, one of the things that they discuss in hillside or in the hillside subdivision standards is that lots should be sized larger than typically would be allowed even under the zoning. So, in looking at a rezone we sort of try to put the horse before the cart so we don't have to go retroactive and look at it. The property to the east on 92nd doesn't have the 'slopes quite as steep as this hillside development so it's understandable that the 9600 square foot lot size would be more suitable for more level type land, topography. Whereas, on a hillside you want to account for the sloped topography by sizing the lots a little bit larger and depending on what those final surveys are that come before us, regardless of the zoning, it may be, in fact, be required or brought forth that the lots should be, 17 Hearing Examiner Minutes Verbatim Minutes Minshull-Wagner #RZ-90-5 in fact, larger. But, typically, when we have the opportunity to look at a rezone we try to, like I say, take those into consideration in coming up with the size of the lots. Hunter: Thank you. Traffic is clearly a concern and a problem in the area, is there anything that the applicant or the City wants to comment on about traffic. Do you swear, affirm to tell the truth in the testimony you're about to give? Ed White: I do. I 'm Ed White, Assistant Traffic Engineer for the City. I was requested by Scott Williams to take a look at the proposed project as well as do the traffic count that you requested. What I 've come up with is for the most part is a gross estimation of what the trip generation potential of the site is. So, keep in mind that we are talking about if the entire development were subdivided into either the 12000 square feet or the 7200 square feet, not allowing any roads or circulation, this is what the trip generation potential would be. We start out by looking at the current ADT. Based on the count that we did, we estimate that the current ADT for this roadway, this would be a two-way volume ranging between 3600 and 3800 vehicles a day with an a.m. peak of being about 700 cars being 18 percent of your total daily traffic and your pm peak being around 400 cars representing 11 percent of your total daily traffic. In taking a look at, first of all, the Planning Department's recommendation of going to an R1-12 or 12 , 000 square feet, you are looking at a maximum lot development of 67 lots which would add approximately 670 daily trips, 50 during the a.m. and 76 p.m. peak hour trips. This would adjust the volume of the arterial from the again 36 to 3800 vehicles to . up 43 to 4500 vehicles. Given the developer 's proposal, you get a maximum of about 112 lots on the site. This would be adding around 1100 total daily trips to the site which would bring the adjusted daily trip total up to 4700 to 5000 trips. Now, what we are talking about in terms of a percent increase is the daily traffic would be an increase over the existing daily trip. . .the existing daily trips, around 30 percent. It would be approximately 10 percent higher than the Planning Department' s recommendation. Now, what we are talking about in terms of roadway improvements that would possibly be necessary for or in order to improve the roadway. Currently, the roadway is a two-lane roadway ranging from 24 to 26 feet wide, two-lanes; one lane in each direction. You have an open ditch on the east side and approximately six or seven foot shoulder on the west side. Its 18 Hearing Examiner Minutes Verbatim Minutes Minshull-Wagner #RZ-90-5 currently functioning like a local arterial and probably during the a.m. and p.m. peaks probably close to a some type of a minor collector arterial. With the added trips given the maximum buildout of the developers proposal, you would go from, again, this local type facility up to a potential of a major roadway given a 35-foot or 35 mile an hour speed limit, a, let' s see, a 36-foot wide paved area and basically all the improvements that would be necessary to come up to a major collector type facility. You're looking at a range for a major collector facility as being between four and six thousand vehicles a day. So, this kind of gives you, again, somewhat of an idea of what you would be going from, again, probably around the 3 , 000 that you have now up to a potential of maybe four or five thousand vehicles. Hunter: O.k. Thank you very much. Do you have perhaps a question. Do you want to ask a question or me and we' ll see. . . Voice: You mentioned a 35 miles per hour speed limit. White• Correct. Voice: It' s 25 now:- White: Correct. Voice: (Unclear) its going to be changed. White: No, it wouldn't. Again, I was just giving, trying to draw a comparison between a facility that this . . . a similar type facility that may occur as a result of development. Voice: (Unclear) . You said it would run 38 to 42 hundred vehicles. White: The current volume is. . . Voice: (Unclear) approximately. Hunter: Let me interject here that the traffic. . . Voice: The traffic volume going by. 19 Hearing Examiner Minutes Verbatim Minutes Minshull-Wagner #RZ-90-5 Hunter: Let me. . . Voice: Wait a minute. Excuse me a minute. Hunter: O.k. Finish your question. Voice: If they put 150 homes in the homes in this area which is 300, they go twice a day that 600 trips how did we get 42 hundred, 38 from 42 , how did we get the 4, 000 cars out of 500 people or 120. White: I 'm not sure I understand your question. What it is basically you are looking for. . . Voice: I 'm looking at your program. . . . White: For each additional single-family house that is constructed on a roadway, it is estimated that ten trips, .ten daily trips are added. - Voice: Ten daily cars a day. White: Right. That means seven houses would be seven. . . Hunter: Excuse me, sir. Let him respond to your question and maybe that will help clarify your concern. White: Basically, again, what you are looking at is the potential of say, if the parcel were say develop out at 70 to 80 percent, you 're probably looking in the neighborhood of 8o lots. O.k. , you multiply those 80 lots by ten trips, you come up with basically 800 daily trips, new trips. O.k. Voice: Excuse me, I 'm going to interrupt you. Does that go from 3800 to 42, 000. There' s 41000 trips. White: O.k. , I estimated the adjusted daily trips for the site at full build-out as being between 4700 and 5000 that' s an increase of 1100 trips or 30 percent increase. Now, that's based. . . Voice: Now, I understand, we have a couple of kids that (unclear) . White: O.k. , again, you're looking at a facility that currently does not handle that traffic. The characteristics of the roadway 20 Hearing Examiner Minutes Verbatim Minutes Minshull-Wagner #RZ-90-5 would change, may not significantly, but it would change from what the existing characteristics would be. Hunter: O.k. , thank you. That' s fine. Voice: (Unclear) . I realize that I 'm driving down Benson Highway. I just came from eastern Washington, ten cars in 50 miles. Come over here and drive and 80, 000 cars. Hunter: A whole different world isn't it. Voice: Sorry, and it was 90 degrees when I left it. Hunter: Any other testimony on this topic. Voice: I have a question. Hunter: O.k. , ma'am. Voice: About 90 percent of the traffic, in peak hours at least, x that goes down 92nd and up 200th is by-pass people. They come up 208th, down 92nd and up 208th, turn left at 106 and go over 'to where they can get a light up on the Benson, and there' s nothing that we can do about that as far as I know. Hunter: Ma'am, that sounds almost like testimony. You have some traffic things that you want to comment about and you're welcome to put that on the record if that's a concern you want to address. What we are looking at now since Mr. White' s testified about traffic impacts, we want to get clarification of the numbers of traffic, we're looking at that in terms of mitigation measures or special concerns you have, we welcome you to put that on the record as a concern. O.k. Thank you very much. Are there other questions of Mr. White or others that want to testify. Question about traffic? Voice: (Unclear) traffic count and putting how fast the cars are going? White: No, we did not. We didn't do a speed study. That wasn't a question that arose. You. . .when we look at a facility somewhat similar to this one, you probably do have a certain percentage of vehicles exceeding the speed limit. It hasn't been brought up in 21 Hearing Examiner Minutes -' Verbatim Minutes Minshull-Wagner #RZ-90-5 any of the testimony, thus far, and it wasn't request that either the Hearing Examiner of Planning staff requested. But, if requested we can certainly do a study to identify what the speeds are. Hunter: O.k. Thank you. Any others that would like to testify on the application. Yes, , sir. You have. . .we have additional responses to questions raised here. Do you swear, affirm to tell the truth in the testimony you're to give. Gary Gill: I do. My name is Gary Gill, City Engineer. There were a couple of other questions that came up and I know that these issues will be resolved and discussed further when we get into any future development potential on the property and when they go forward with the platting procedure. But, there were questions regarding what types of improvements will be required on 92nd Avenue. Also, what future potential for improvements to this street and others. As a condition of reviewing either an environmental checklist or a future potential subdivision of this property, Public Works will look at these issues and the developer and owner of the property will have to agree to participate in one of the nearest planned corridor projects that we've got planned on our long-range transportation plan. One, is the 228th/224th Corridor. Then there' s a north corridor which is the 196th/192nd Corridor which would link the Benson Highway with Interstate 5 going across the valley floor. And our traffic people would look at this particular property and determine which corridor this project should be contributing towards. . .monetarily towards those future projects. At this point in time we have some potential for receiving substantial monies from the State through this new gas tax increase that came up that would go into partially funding these corridor projects and we are in the process of putting together prospectuses to try to get the preliminary monies for doing the planning studies and design of those facilities. As far as adjacent to the site, as a minimum we would require a developer to either improve their half of 92nd Avenue all the way along their frontage which would include curb and gutter and sidewalks and storm drainage facilities. If it looked like there was interest in the area for forming a local improvement district which was another question that came up, that very well could be a future mechanism to go ahead and improve other portions of 92nd Avenue. I 'm not positive what the County required on some of these other developments that were raised but typically they will require as a 22 Hearing Examiner Minutes Verbatim Minutes Minshull-Wagner #RZ-90-5 minimum that the developer execute a no-protest LID covenant which commits them to participating in a future project for improving that roadway if and when it ever comes up. So, we would require that type of a similar commitment from this development as well. They either improve it or maybe they will have to do some minimal improvements as a beginning point and then they would have a commitment to participate in future full-street improvements which would include some of the facilities that I just talk about, curb, gutter, sidewalks, street lights and the whole works. Storm drainage would also be addressed during a development proposal. . We are well aware that this hillside has a lot of springs. In fact, the wells down in the valley and some of the wells that the City has recently develop tap into some of the artisan aquifers that are "quite deep. If you have specific information regarding wells that you have on your property or adjacent properties, be sure to get that information to us. If they are fairly deep, then ' the potential for impacting those aquifers is going to be very minor for this type of development. If they are shallow, then we definitely want to know about it so if it can have an impact on the site. Storm drainage, we are going to look at that very carefully. They would have to provide on-site detention facilities. They would have to provide a biofiltration or wet ponds which would try to mitigate some of the water quality impacts that result from urban growth and development. And, then obviously, this would impact the state highway down below so I 'm sure DOT will have some comments on this too. So, whatever is done to this site will not adversely impact drainage facilities on the state highway. So, these are all issues that will be taken into account in a .lot more detail once we get a specific proposal .on the site. Hunter: Thank you very much. Gill: O.k. Hunter: And as Mr. Gill has indicated some of these like storm drainage issues are relevant to times of applications for filing or actually development. Others, such as the traffic concerns, many of you addressed, are relevant to the time of a proposed rezone. Your City ordinances do require that transportation impacts at'the time of a rezone request and if there are adverse impacts associated that there be some discussion on whether its possible to mitigate those impacts. So, there's different points in the process where some testimony is relevant and that's what we are 23 Hearing Examiner Minutes Verbatim Minutes Minshull-Wagner #RZ-90-5 trying to do in this public hearing is to sort out those items that are relevant to the rezone request and we've. . .and I think we've heard a lot of testimony on relevant points today and if there's any additional comments that anyone would like to make now is the time to do it. Scott Williams will have the final say it looks like. Williams: I guess to go back briefly to get in behind what the City Council ' s intention was when writing the purpose statement. As I was sitting here thinking, I thought of something that might be helpful. Where this wording. . .the purpose statement wording for the RA and MA zones were both changed and they were changed as a result of the agricultural land study which the Planning Department undertook for the City Council and I believe it -was six or eight years ago now. The intent of that study was to look at agricultural. . .current agriculture. . . existing agricultural lands south and west of the Green River. And, what they were looking at doing in that study, or what they eventually did was make a very strong statement that they wanted to preserve those lands and not have them be converted. Primarily, of course, in agricultural lands we are talking about the valley floor and not having those lands converted to industrial use as was most of the valley east and north of the Green River. And, like one of the. . . . some of the testimony today alluded to, this piece of RA was probably, as I said earlier, has been so zoned for 30 years approximately. It was probably a remanent of agricultural lands that continued down on to the valley and, I believe, although I don't have a Zoning Code in front of me, is probably one of the only pieces in the City that is not either south or west of the Green River. And, I believe, that the preservation of those lands was the impetus for this wording, if that ' s any help. And, before you close the record I did find the letter the applicant provided .to me and I can submit that as evidence from a William Robbins, Sr. Hunter: O.k. , thank you for the clarifying remarks and let's take a look at. . . .this is a letter you refer to earlier in your testimony that you received from the applicant. And, it' s a letter from Benson Realty Incorporated, dated June 4 , 1990, signed by William Robbins, Sr. and reads as follows: "This letter is a follow-up to our previous conversations, it' s addressed to Margaret Minshull, we wish to emphasize the urgent need for single- family housing in South King County. Your acreage in Kent is ideally suited and situated for just that purpose. Subdividing 24 Hearing Examiner Minutes Verbatim Minutes - Minshull-Wagner #RZ-90-5 your acreage in Kent into single-family lots will'. help ease .the ..pressure and rapidly soaring costs of single-family housing in Kent is most desirable to the proximity to the east side, downtown Seattle, Puyallup, Federal Way and Pierce County locations. Kent is a growing community with a (unclear) , don't you want to be part of it. Sounds like a realtor writing a letter. We' ll receive this into the record. I read it, so that anyone that wants to respond to the letter has an opportunity to do so since it was brought up late in the hearing process, it's appropriate that we read it and allow anyone that wants to comment on it, to do so. O.k. , there' s a gentleman who would like to comment. Voice: Any realtor would think that land (unclear) is necessary for single-family units, is going to line his pockets of his own. I don't think that's really a valid letter showing that a property is necessary to be developed as single-family use. Hunter! And that's Mr. Cal Stewart commenting, on that. O.k. , we've heard a lot of material. What we will do now is wrap up the hearing, we do have an application in front of us that we've had Lillie Wagner speak too, as the applicant, where the request is to zone from residential agricultural to R1-7 . 2 . We've had a recommendation from the Planning Department, Mr. Scott Williams, that that should be R1. 12 , 000 square feet and then we heard from a number of people that live nearby/around the site regarding transportation impacts, concerns on view and concerns regarding wells and other concerns expressed and its my job then to take all that testimony into account and to issue a recommendation to the City Council which will have the final decision in this matter and I will issue that recommendation within 14 days of today and I think it will take that full amount of time to do that. So, thank you all for coming and the record is now closed. j 25 August/ 21, 1990 PUBLIC WORKS valuation on property owners in the flVe Q control zone district, sufficient funds would generated to properly maintain the Green River evee system. Wickstrom described the program, pointing out the importance of proper maintenance o the levees and management of the flood watch pro ram. WHITE MOVED to adopt Resolutio No. 1256 request- ing King County Council to imVlementthe flood control zone district and it financing authority. Johnson seconded. Mann sta ed he would oppose this additional tax, to gi a the message to the State that the additial taxes are not fair. Motion carried with M nn opposing. (BIDS - ITEM 5D) Kensington Avenue St The Public Works Depart- ment has designed a torm project for Kensington Avenue to correct flooding problem in the area. Funding for the p ject is included in the budget for Miscellaneou Storm Projects. Because the project estimat did not exceed $30, 000, a formal bidding proces was not required, and proposals were solicite instead. The following proposals were receive . 1. Scocco o Construction $14 , 098 . 94 2 . Merli o Construction $15, 285. 34 3 . R.W. Scott Construction $18 , 344 . 57 4 . Cc Construction $22 , 192 . 93 5. Ro ison Construction $35, 013 . 59 Staff recommends that the project be awarded to Scoc olo Construction. WHITE SO MOVED, Houser sec nded. The motion carried. REZONE AND (PUBLIC HEARINGS - ITEMS 2B AND 2C) REZONE APPEAL Minshull-Wagner Rezone No. RZ-90-5. The Mayor noted that this meeting will consider the Minshull/ Hearing Examiner's recommendation to deny the Wagner application by Margaret Minshull/Jacob C. and Rezone Lillie Wagner to rezone 18 . 5 acres from RA, Residential Agricultural, to R1-7.2, Single Family Residential. The property is located west of 92nd Ave. S. at 20129 92nd Ave. S. Scott Williams of the Planning Department stated that the staff had noted that the Valley Floor Plan designation is SF, Single Family Residential, but due to the 5 August 21, 1990 REZONE AND slopes, staff recommends R1-12 rather than R1-7 . 2 . REZONE APPEAL The .Mayor noted that an appeal has been filed and will be heard after this item. He then opened a public hearing on the rezone. Minshull/ Wagner Donna Williamson, 20211 92nd Ave. S. stated that Rezone the proposed project surrounds her home and she objected to small lots, the increase in traffic and loss of trees. Linda Stewart of 20028 92nd Ave. S. agreed and noted the increased traffic would be hazardous for children in the area. Lillie Wagner, one of the applicants, stated that she had been a resident of the area since 1951 and that the request to rezone to R1-7 . 2 was in com- pliance with the Comprehensive Plan. She noted that affordable housing was needed by young families as well as for seniors, and pointed out that an easement had been provided for sewer on the west boundary of her property. Midge Sweley also objected to the small lot size and suggested that 12 , 000 square feet would be y more appropriate. Ms. Tweeten of 9030 S. 200th St. , stated that roads were a problem and further that she had not been notified of the hearing before the Examiner. Ed Cleveland urged the Council to grant the rezone and pointed out that the term agricultural zoning was misleading. Martin Durkan Jr. of 22401 Sweeney Road identified himself as a business consultant dealing with land use matters. He had reviewed Ms. Wagner's file and noted that the property is served by sewer, water, etc. and is ideal for residential develop- ment. The rezone is consistent with the area, as there is a pocket of 7200 zoning just to the south. Whitney Hills, a plat across the street, just approved by the county, consists of 28 lots ranging from 9600 square feet up to 11, 000 square feet. Neither the Planning nor the Public Works departments could find negative impact which could not be mitigated. He pointed out that the county had requested that sidewalks be placed on 6 _ August 21, 1990 REZONE AND 92nd Ave. S. by the developers of Whitney Hills. REZONE APPEAL He suggested a compromise between the applicant's request and the Hearing Examiner' s recommendation. Minshull/ Wagner Cal Stewart stated that he lived across from Rezone the Wagner parcel and suggested that the Hearing Examiner denied the rezone because the applicant could not give a reason such as that there was no more land available with this zoning. Gene Williamson of 20211 92nd Ave. S. stated that it was a matter of economics and more lots would mean more money for the owners, without regard for the residents of the immediate area. The Mayor confirmed for Ken Mellot that the Hear- ing Examiner minutes are part of the packet the Council is considering tonight. Mellot noted that he had asked about the view and the proposed height of homes. He noted also the hardpan composition of the hillside. Dan Johnson, 10504 S .E. 206th, favored the appli- cant's request, stating that the lot size would make the homes more affordable. There were no further comments and the public hearing on the rezone was closed. Upon White 's request, Scott Williamson determined that written notice was mailed to all who lived within 200 feet of the subject property, as is required by law. He further explained the view restrictions and the protection of property upslope. Upon Houser' s question it was noted that the minimum zoning across the street is 9600 and that most of the lots are one-half acre or larger. Scott Williamson clarified for Dowell that R1-20 zoning is nearby at S . 218th St. and 94th Ave. S. and that streets and sidewalks were usually required at the time of the development. He also determined that if the grades were at 12%, sprin- klers would be required in the homes. Upon Mann' s question, it was reported that 92nd Ave. S. is in the county and could therefore not be part of a City LID and the Mayor suggested that those who had questions about the road could speak to the Public Works Director. 7 August 21, 1990 REZONE AND The Mayor noted that the applicants for the REZONE APPEAL rezone have filed an appeal to the recommendation of the Hearing Examiner and opened the public Minshull/ hearing on the appeal. Wagner Appeal The Council 's options with regard to the rezone and to the appeal were determined. Acting City Attorney Carolyn Lake noted that many of the same comments made during the hearing on the rezone might also be part of the hearing on the appeal and at her suggestion, MANN MOVED that the testimony given for the rezone become a part of the appeal hearing. Johnson seconded and the motion carried unanimously. Martin Durkan Jr. noted that the developers of Whitney Heights were required to improve 92nd Ave. S. Ms. Tweeten stated that widening 92nd Ave. S. won't help inasmuch as the other roads are only two lanes. Ms. Sweley requested that the traffic counts be rechecked. There were no further comments and WHITE MOVED to close the hearing on the appeal Orr seconded and the motion carried. It was determined that traffic counts both actual and estimated were contained in the Hearing Examiner's minutes. JOHNSON MOVED to modify the Hearing Examiner's findings to rezone the parcel to R1-12 , White seconded. Mann stated he would vote against this as we are dealing with an area over which we have no control. White stated that he looked at this as an opportunity to upgrade the road as a miti- gating circumstance, to be taken care of in the EIS. Orr agreed but suggested that other roads in the area be included. JOHNSON MOVED to amend his motion to direct staff to recommend conditions to go with the rezone approval to R1-12 and for the attorney to include conditions in the rezone ordi- nance. White asked Satterstrom to be more spe- cific as to conditions and it was determined that tion could be the Planning Department ' s recom- 8 _.. August 21, 1990 REZONE AND mendation dealing with the slope of the road in REZONE APPEAL the plat and also the subject of 92nd Ave. S . could be discussed with the Public Works Director. Minshull/ Ms. Lake reminded Council that mitigation measures Wagner must be limited only to the affect this proposal Appeal will have on the existing area--the traffic, roads, etc. The City cannot require mitigation for affects that are already in place. In answer to the Mayor' s question, she noted that conditions could be attached as part of the SEPA review or as mitigation measures as conditions to a rezone ordinance as directed by Council . It was determined that the motion as revised is to modify -the Hearing Examiner's recommendation and adopt R1-12 for RZ-90-5 and to delay action to the next meeting to allow staff time to prepare conditions to address the traffic problems. Dowell noted that the Hearing Examiner said that there is no other way out other than 92nd Ave. S. and that this could not be mitigated and that he would not vote for this motion. White reiterated that this was an opportunity to improve the roads and have sidewalks at the expense of the developer -• Upon a roll call vote the motion carried with Dowell and Mann dissenting. It was clarified that the public hearing on the appeal has been conclud- ed and JOHNSON THEN MOVED to continue action on the appeal to the next meeting. White seconded and the motion carried. REZONE (CONSENT CALENDAR - IT�M 3C) Willis Street Restaurant and Motel Rezone RZ-90-3. ADOPTION of Ordinanc No. 2936 rezoning property located in the gene al area of the southeast corner of West Wil is Street and 74th Ave. S. , as directed by the C 'ty Council at their meeting of August 7, 1990. ZONING (CONSENT CALEN AR - ITEM 3T) Repeal of Ordinance Nos. 2776 and 2777 . As recom- mended by s ff, adoption of Ordinance No. 2938 repealing O, dinances No. 2776 and 2777 . Ordinanc No. 2776 and Ordinance No. 2777 were passed ' May of 1988 approving a rezone and mobile/ ome park combining district for the Kantor property. 9 Kent City Council Meeting Date September 18 1990 Category Other Business 1. SUBJECT: PROSECUTOR SERVICES STAFFING 2 . SUMMARY STATEMENT: The Council is being requested to authorize an additional City Attorney position to handle growth in the number of cases and double set calendars established by the Aukeen Court. The Council Public Safety Committee and Operations Committee have heard staff presentations on the workload and need. The action has been deferred until this date pending hiring of a new City Attorney. At its September 11, 1990 meeting, the Operations Committee considered the new City Attorney's request to add one additional attorney and one additional support staff to the Law Department's present staff. The Committee approved the addition of one prosecutor to the Law Department prior to the 1991 budget year, but deferred its decision on the office support position until 1991. Funds for the additional position will come from currently authorized salary and contract budgets. 3 . EXHIBITS: Memo from City Attorney, fiscal note 4 . RECOMMENDED BY: IBC and Operations Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED F�SP.14btPERSONNEL IMPACT• --,,n NO YES X FISCAL/PERSONNEL NOTE: Recommended_A Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: Covered within existing budget _ 7 . CITY COUNCIL ACTION: Councilmember �k-Lka� moves, Councilmember seconds for authorization for the establishment of an additional attorney position in the Law Department 0-0 DISCUSSION• ACTION:- Council Agenda Item No. 4C NEMORANDUK DATE: September 11, 1990 TO: Ed Chow, City Administrator FTM: Roger Iubovich, City Attorney SUSTECT: REQMST TO OPERATIONS OOMMI= FOR ADDITIONAL ATTORNEY AND SUPPORT STAFF POSITIONS I have performed an initial review of the caseload activity in this department, have had discussions with my staff, and reviewed the current circumstances and needs of this department. To ensure adequate representation for the City of Kent, I have cane to the conclusion that, after replacement of the attorney positions currently being vacated, I will need one additional attorney and one additional support staff. The department has one civil attorney on contract, two contract prosecutors, and two part-time contract support technicians to assist the staff, not including outside counsel assisting the City in litigation. In view of the increase in caseload on the prosecutor's docket as well as the increased activity due to the growth in the Kent area, the only alternatives to addition of new staff would be maintaining arri/or adding to the contract services to meet the legal requirements of the City or to be more selective about the cases and projects that the Legal Department undertakes for the City and the various departments. As a consequence, I am asking that you present to the Operations Committee my request for one additional attorney and one support staff for this department. adlstaff.memo MCCARTHY,TONY / KENT70/FN - HPDesk print. ----------------------------------------- Subject: PROSECUTOR SERVICE STAFFING - FISCAL NOTE Creator: Tony MCCARTHY / KENT70/FN Dated: 09/12/90 at 1445. AS DISCUSSED IN THE PAST WITH BOTH THE COUNCIL'S PUBLIC SAFETY COMMITTEE AND OPERATIONS COMMITTEE, THE LAW DEPARTMENT IS REQUESTING ADDITIONAL PROSECUTOR SERVICES, INCLUDING AN ATTORNEY AND AN OFFICE SUPPORT POSITION. THIS REQUEST IS DUE TO GROWTH IN THE NUMBER CASES BEING HEARD AT THE AUKEEN COURT AND THE DOUBLE SETTING OF COURT CALENDARS. IN ORDER FOR THE CITY TO BE REPRESENTED AS NEEDED, THE COUNCIL HAS AUTHORIZED THE LAW DEPARTMENT TO CONTRACT FOR PROSECUTOR SERVICES ON AN INTERIM BASIS PENDING THE HIRING OF THE NEW CITY ATTORNEY. SINCE STARTING WORK ON SEPTEMBER 2, CITY ATTORNEY ROGER LUBOVICH HAS BEEN ANALYZING HIS DEPARTMENTAL STAFFING NEEDS. IN ADDITION TO THE PROSECUTOR STAFFING ANALYSIS, HE HAS BEEN FACED WITH THE TERMINATION OF HIS TWO CIVIL ATTORNEYS. HE WOULD LIKE TO BEGIN HIS PROSECUTOR RECRUITMENT PROCESS AT THE SAME TIME HE RECRUITS FOR THE VACANT CIVIL ATTORNEY POSITIONS. COUNCIL HAS RANKED THIS REQUEST AS ITS NUMBER ONE REQUEST FOR 1991 FUNDING. BASED ON THIS AND PAST COUNCIL COMMITTEE SUPPORT, THE IBC IS RECOMMENDING AN EARLY RECRUITMENT PROCESS FOR THE ATTORNEY POSITION ONLY. THE ASSOCIATED OFFICE SUPPORT POSITION WILL BE DEFERRED UNTIL 1991. SINCE A FULL TIME POSITION WILL REPLACE CURRENTLY AUTHORIZED CONTRACT FUNDING, THE IBC DOES NOT RECOMMEND A BUDGET CHANGE BUT IS RECOMMENDING COUNCIL APPROVAL FOR AN ADDITIONAL BUDGETED POSITION. Kent City Council Meeting Date September 18 1990 Category Bids 1. SUBJECT: SIGNAL MODIFICATIONS - 84TH AVE. SO. AND SO. 208TH STREET 2. Si1KR&M STATEN=: Bid opening was September 7 with two bids received. The low bid was submitted by Totem Electric in the amount of $43 ,258 . jt�" recommendidA this bid be accepted. j' F I I C 3 . EXHIBITS: Memorandum from Director of Public Works and a bid summary 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT• NO_X_. YES FISCAL/PERSONNEL NOTE: . Recommended Not Recommended 6. EXPENDITURE REOUIM: $ SOURCE OF FUNDS: 7 . CITY COUNCIL FACTION• Councilmember_- : `" moves, Councilmember � �� seconds the bid submitted by Totem Electric in the amount of $43,258 for the signal modifications at 84th Ave. So. and So. 208th be accepted. DISCUSSION: ACTION: Council Agenda Item No. 5A DEPARTMENT OF PUBLIC WORKS September 12, 1990 TO: Mayor Kelleher and City Council FROM: Don Wickstrom 4)//(1 RE: Signal Modifications - 84th and S. 208th Bid opening was September 7 with two bids received. The low bid was submitted by Totem Electric in the amount of $43 , 258 . The project consists of installation of loops, signal head and controller at the intersection of 84th and S. 208th to interface this signal into the City's Master Signal Computer. Construction costs are estimated to be $47,584. It is recommended the bid submitted by Totem Electric be accepted. BID SUMMARY Totem Electric $43 , 258 . 00 Signal Electric $55, 465. 00 Engineer's Estimate $49, 310. 00 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 F. PARKS COMMITTEE i i G. ADMINISTRATIVE REPORTS PUBLIC WORKS COMMITTEE SEPTEMBER 4 , 1990 PRESENT: JIM WHITE BILL WILLIAMSON LEONA ORR ED WHITE DON WICKSTROM JOHN BOND GARY GILL 94th Avenue Between Canyon and James Wickstrom explained the cost of the requested traffic modifications would be $10, 273 which IBC has proposed taking out of the Street Operating Funds. We had originally budgeted adequate funds in the Street budget to cover a storm drainage utility rate increase which has not been implemented to date; thus, there are adequate funds to cover the expense for the 94th modifications. Ed White added that Mr. Dunn has asked the City to reconsider this modification. Mr. Dunn would like to investigate the possibility of constructing curb, gutter and sidewalk. White stated he had expressed to Mr. Dunn that the City did not have funding for that extensive an improvement. Mr. Dunn wanted to meet with the residents of the area to determine if they would be willing to put together an LID for curb, gutter and sidewalk on both sides of 94th. Mr. Dunn anticipates being able to meet with the residents this month. The Committee determined they would be willing to delay installation of the traffic circles until such time as Mr. Dunn has been able to meet with the residents about an LID. FAUS Funding - Proposed Allocation Method Change Wickstrom stated the Public Works Directors of King County have been discussing a change in the allocation of FAUS funding. Currently the funds are distributed by King Subregional Council to the cities for projects on a project prioritization basis. This is not the way federal funds are distributed in other areas of Washington. The King County Public Works officials are recommending the funds be distributed based on current population. White asked how that would affect Kent. Wickstrom responded we have averaged $125, 000 a year over the past few years. Based on Population, we anticipate Kent' s allocation to be $126, 000 which would be guaranteed and we could budget accordingly. The Committee unanimously recommended support for the change in allocation method for FAUS funds. 228th Street Acquisition Wickstrom stated that, based on the appraisals we have received, acquisition costs for the right of way will be more than what we originally estimated. Wickstrom proposed transferring an additional $20, 000 from the non-LID portion of the West Valley Public Works Committee September 4, 1990 Page 2 Highway Improvement project. IBC has concurred with this recommendation. Responding to White' s question, Wickstrom confirmed that if the property should ever be removed from the "farm land designation" the City could possibly recover our costs. The Committee unanimously recommended approval for the transfer of funds as proposed. Water Ouality Enforcement Gary Gill stated we have recently discussed with the City Attorney's office the City' s enforcement regulations for water quality problems. With the addition of a second water quality engineer, we are able to do more inspection and enforcement of problem areas. The streams and creeks in Kent have deteriorated considerably since the early 19801s. We will be notifying violators of their offending actions and the consequences of any repeated actions. White asked if DOE were involved. Gill stated that DOE does not have the staff to adequately manage the enforcement. White asked if DOE was appropriating any funds for this. Gill responded while storm water quality standards will be mandated through the State and Federal levels as well as through the Puget Sound Water Quality Authority there is no money being appropriated for enforcement activities. We are trying to improve water quality in several reaches of Mill Creek and Garrison Creek through several Centennial Clean Water projects which are partially funded from a DOE grant program. Williamson stated that our present ordinance allows us to make assessments on properties so that we can pass along the costs of testing. We can include this on the City' s utility bill so that if not paid can be placed as a lien against the property. Update on Canyon Drive Wickstrom stated we are still in acquisition phase. We have also applied for additional UAB funds since the acquisition costs will probably exceed what was originally budgeted. An outside attorney has been hired to handle the condemnation for rights of way we can not acquire through negotiations. Gill stated we hope to have construction under way next spring. White asked Williamson to check on the status of acquisition of, the use and necessity and right of entry and report back to him at the next meeting. Gill added we hope that the additional funding is acquired to help with the undergrounding costs of the electrical and telephone. If the additional funds are not approved we may have to leave the utilities overhead for now as our share is estimated by Puget Power to be $loo, 000. Public Works Committee w September 4, 1990 Page 3 Labor Force Site White asked for an update on that. Williamson stated that the Planning Department has been working on this as a zoning code violation as a non-conforming use. Williams stated he did not know at this time if they have submitted an application to the Planning Department for a rezone to permit that use. White stated he had not had any complaints about the activity of the Labor Force but has had some about the deterioration of the property. Orr stated she has had complaints about the methods of operation and percentages they charge the employees for the jobs. Williamson commented he had observed people living in their cars at the site. Orr stated she had also received comments from a local businessman about people living at the site. The Committee asked Bill Williamson to investigate the situation and report back to them. NOTE: This was also discussed at the Planning Committee on this date and the Public Works Committee questions were addressed.