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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 07/16/1996 ry it 1 s} c 1 t !! s K I tq s it aY E f e9 t 4 I ! + GI i Y nv IV�1T#1�� Y �' S1M1 a 1' II y} Srh y dli!' y: � , tl�I $ y {{ � � s! �I t ,,�.,� ry `d X 6 h fl,fl; �s � {,. �I' F �' + {o z� S tii. `•Y9 t'��p.•, r CITY;' r yr I t� v it1 � :.i7 tl ' t7 t 1 l 4v r1 ,flr v� - I ttI e e+ ytl ray tt'�l��rt I' If i Y i#tB el tJ, Iitl�i{ d,, �r ` i I, ,I e 4'S,' K v. ' ' { , ts�f'i�2,I�pr. •�sfl ( E h .lylj,;,j 3 i � t � ( 1 I t d � �! r j� t k )� 1 tjk, ;� iirrY tf P (�pp� �y[� 9� 4 Sit' }h Y 1 r l ;-l.�jj l IeR'✓vS{ I { . I ' R � t y� 9 r' _ � +� r ' a I 71 7 I� vt�pl Yt 1 I! a -` ' 4 by h^ dr,,;'., I _ ,4a} j!, p s �Y r I Il , 'f t , ,aiv E{' {' 3 k k I t fls T I i !� dE{ 5 9 �'E `Yta a ( ' !ytl yti G I + i iti€1' Y ; ❑ I I , lCf1 tp.1 flr kri Ir, C.4 ' S�{ y.tlkfll�'r Fli k f� r S i� r 'f C#±i Np jt}a + j�,yjle3 h �i tl r,s '�5{n{ "3 ' 141. I I i�(d y f>E IS riC i4YIH`=�j ,i � 'GdY i �''( 71d� ' 'i • �! Mayor Jim.`Wh�ito ,'-, ' Ind Council M tubers Christi Houser, President ' I la fl ° Jim Bennett Jon Johnson ash. { Tim 'Clark Leona Orr " Connie Epperly Judy Woods r F1 , �y E ry t rtt r 9 t ! vy },. � t a 4 JU151C7 ° '1''996 f ` t i�, v 3 r i,tS'yl y1 s 'i1 r *711T tr ^§{�4`{afi rlYyj ! 1r >,.,r .. '! (t( 'S'1. i F I e{{1 1 I! 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Hillside Manor Rezone RZ-96-1 - Ordinance E. Comprehensive Plan Amendment CPA-95-2B and Zoning Map Change CPZ-95-4 - Ordinances F. Parks Houses - Authorization to Surplus G. 1997 Preliminary Budget - Set Hearing Date H. 1997-2002 Capital Facilities Plan - Set Hearing Date 4 . OTHER BUSINESS A. Strawberry Lane Rezone RZ-96-2 B. Benaroya 218th Warehouse Rezone RZ-96-3 C. Country View Estates II Preliminary Plat SU-95-5 D. Swan Court Preliminary Plat. SU-95-4 E- . K 5 . BIDS A. Installation of Mill Creek Box Culverts B. 1996 Miscellaneous Sanitary Sewer Extensions and Decanting Station C. East Valley Highway Pavement Restoration D. SE 274th Way Hillclimb Section Grade & Fill 6 . CONTINUED COMMUNICATIONS 7 . REPORTS EXECUTIVE SESSION - Labor Negotiations 8 . ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. An explanation of the agenda format is given on the hack of this page. Any person requiring a disability accommodation should contact the City in advance for more information. For TDD relay service call 1-800-635-9993 or the City of Kent (206) 854-6587. 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 - National Clown Week B) Regional Justice Center Update C) Report on Trip to China CONSENT CALENDAR 3 . City Council Action: Councilmember moves, Councilmember seconds that Consent Calendar Items A through H be approved. Discussion -- Action - 3A. Approval of Minutes . Approval of the minutes of the regular Council meeting of July 2 , 1996 . 3B. Approval of Bills. Approval of payment of the bills received through June 28 and paid on June 28 , 1996 after auditing by the Operations Committee on July 3 , 1996 . Approval of checks issued for vouchers: Date Check Numbers Amount 6/28/96 170466-171077 $1, 890, 625. 61 Approval of checks issued for payroll for June 30 and paid on July 5, 1996: Date Check Numbers Amount 7/5/96 Checks 212602-213002 $ 296, 991. 12 7/5/96 Advices 35838-36279 548 , 002 . 91 $ 844 , 994 . 03 Council Agenda Item No. 3 A-B Kent, Washington July 2 , 1996 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White. Present: Councilmembers Epperly, Houser, Johnson, Orr and Woods, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Fire Chief Angelo, Public Works Director Wickstrom, Planning Director Harris, and Finance Director Miller. Councilmember Clark was excused from the meeting. Approximately 20 people were at the meeting. PUBLIC Employee of the Month. Mayor White announced COMMUNICATIONS that Chris Holden of the Planning Department has been selected as Employee of the Month for July. He noted that her organizational skills have proven invaluable, and that while she is serious and conscientious in her work, her sense of humor and compassion have made her a favorite with customers. Holden' s supervisor, Margaret Porter, said that she is an exceptional employee and is very appreciated. Planning Director Harris added that Chris is the confidential recording secretary for the Hearing Examiner and is very competent and dedicated. He congratulated her for receiving this honor. Henry D. Mairs Remembrance. Mayor White announced that Fire Commissioner Henry D. Mairs passed away on June 19 , 1996. He noted that Mr. Mairs served as a commissioner and chairman of King County Fire District No. 37 for more than ten years, was a firefighter and apparatus engineer with the Seattle Fire Department for over 14 years, and later served as the Fire Marshall for King County. The Mayor noted that Mr. Mairs was dedicated to the principles of quality fire and life safety, and that many lives have been saved because of his commitment. He added that the fire station near Soos Creek on Kent-Kangley was dedicated to Henry Mairs when it opened several years ago. Fire Chief Angelo said that Mr. Mairs was also involved in the community, and in helping people in general . He explained that Mr. Mairs was a quiet man, and that the fact that many fire- fighters and medics will be able to provide life saving support speaks highly of him. Recreation and Parks Month. Mayor White read a proclamation noting that parks and recreation services contribute to the overall quality of life of a community and create socially bene- ficial connections between and among individuals, 1 July 2 , 1996 PUBLIC groups and communities. He proclaimed the month COMMUNICATIONS of July 1996 as Recreation and Parks Month in the City of Kent and called upon all citizens to join in this nationwide celebration bringing recogni- tion to all the benefits derived from quality public and private recreation and park resources at the local level. Parks Administration Superintendent Helen Wickstrom accepted the proclamation. Natural Medicine Clinic. Mayor White announced that today the City of Kent and a consortium of agencies were awarded a contract for a natural medicine clinic to be located in Kent. He commended the staff, Merrily Manthey, and the City Council for their work on this. Manthey explained that this is the first publicly funded natural medicine clinic in the United States. She expressed appreciation to the Mayor and Council, and noted that the tentative opening date is September 15, 1996 . She said that the temporary site is at 259th and Central. Councilmember Orr and Mayor White thanked Ms. Manthey for her efforts. CONSENT HOUSER MOVED that Consent Calendar Items A CALENDAR through M be approved. Woods seconded and the motion carried unanimously. MINUTES (CONSENT CALENDAR - ITEM 3A) APPROVAL of the minutes of the workshop and the regular Council meeting of June 18 , 1996 . STREET (PUBLIC HEARING - ITEM 2A) VACATION Portion of J. H. Patton Road Street Vacation. This date has been set for a public hearing to consider an application to vacate a portion of J. H. Patton Road, as referenced in Resolution No. 1473 , and as shown on the map and discussed in the staff report. Planning Director Harris pointed out the location of the project and noted that staff recommends approval with one condition as shown in the staff report. The Mayor opened the public hearing. There were no comments from the audience and HOUSER MOVED to close the public hearing. Orr seconded and the motion carried. ORR MOVED to approve the Planning Department' s recommendation of approval with condition of an application to vacate a portion of J. H. Patton Road, and to direct the 2 July 2 , 1996 STREET City Attorney to prepare the necessary ordinance . VACATION Johnson seconded and the motion carried. PUBLIC WORKS (BIDS - ITEM 5A) GVW Utility Trucks. Bid opening for this equip- ment was held on June 12 with 6 bids received. The low bid was submitted by Air Tec Equipment, Inc. in the amount of $168 , 298 . 80, including options. The base bid was $122 , 561. 00 plus options of $45, 737 . 80 . After reviewing the bid, specific options were selected and the total bid amounted to $140, 169 , 85 , including tax. The Public Works Director recommends that the contract for the purchase of two utility trucks be awarded to Air Tec Equipment in the amount of: $140 , 169 . 85 . HOUSER SO MOVED, Woods seconded, and the motion carried . REZONES (CONSENT CALENDAR - ITEM 3F) Strawberry Lane Rezone RZ-96-2 . AUTHORIZATION to set July 16, 1996, as the date for a public meeting to consider the Hearing Examiner' s recom- mendation of approval for a rezone application by Jerry Prouty and Bill Ruth, c/o Barghausen Consulting Engineers, Inc. The property is located south of S . 240th Street, east and west of 100th Avenue S. (CONSENT CALENDAR - ITEM 3G) 218th Warehouse for Benaroya Co Rezone RZ-96-3 . AUTHORIZATION to set July 16 , 1996, as the date for a public meeting to consider the Hearing Examiner' s recommendation of approval for a rezone application by Thomas Lee, O'Keefe Development Company. The property is located at 21701 84th Avenue S . in Kent. (OTHER BUSINESS - ITEM 4C) Hillside Manor Rezone RZ-96-1. The Hearing Examiner has recommended approval of an applica- tion by Land Enterprises to rezone approximately 4 . 3 acres of property from SR-4 . 5, Single Family Residential (maximum allowable density of 4 . 5 units per acre) , to SR-6, Single Family Residential (maximum allowable density of 6 units per acre) . The property is located at 24411 98th Avenue S. in Kent. ORR MOVED to accept the Findings of the Hearing Examiner, and to adopt the Hearing Examiner' s recommendation of approval of the Hillside Manor 3 July 2 , 1996 REZONES Rezone No. RZ-96-1, and to direct the City Attorney to prepare the necessary ordinance. Johnson seconded and the motion carried. PLATS (CONSENT CALENDAR - ITEM 3H) Country view Estates II Preliminary Plat SU-95-5. AUTHORIZATION to set July 16 , 1996, as the date for a public meeting to consider the Hearing Examiner' s recommendation of approval with con- ditions for a preliminary plat application by Shamrock Development Corporation. The property is located at 22600 100th Avenue S. E. (CONSENT CALENDAR - ITEM 31) Swan Court Preliminary Plat SU-95-4 . AUTHORIZATION to set July 16, 1996, as the date for a public meeting to consider the Hearing Examiner' s recommendation of approval with con- ditions for a preliminary plat application by Curtis LaPierre. The property is located south of S.E. 240th Street between 112th Avenue S. E. and 114th Place S. E. if extended. (OTHER BUSINESS - ITEM 4B) Glen Kara Re-plat SU-96-13 . The Hearing Examiner has recommended conditional approval of an appli- cation by Lakeridge Development, Inc. , for a 37-lot single family residential preliminary subdivision. The property is located at 9800 S . 222nd in Kent. Kevin O'Neill of the Planning Department noted that when the Hearing Examiner made his con- ditions there was a change to Condition 10 which was inadvertently not reflected in the Council packet. He noted that Condition 10 should be changed to read "All roof drains from properties along the westerly edge of the plat shall be intercepted and either: 1. piped to the storm drainage system; 2 . directed to lot filtration systems; or 3 . discharged to the wetland area to provide compensating hydrology. " ORR MOVED to accept the Findings of the Hearing Examiner and to adopt the Hearing Examiner' s recommendation of approval with 21 conditions of the Glen Kara Re-Plat 37-lot single family residential preliminary subdivision. Houser seconded and the motion carried. 4 July 2 , 1996 COMPREHENSIVE (OTHER BUSINESS - ITEM 4E) PLAN AMENDMENTS Comprehensive Plan Amendments CPA-95-2 (A and B) and Zoning Map Changes CPZ-95-3 and CPZ-95-4. On May 29 , 1996, the Interim Land Use and Planning Board held a public hearing to consider the pro- posed 1995 annual Comprehensive Plan and Zoning Map amendments. Two sites were considered for amendment, one in North Park and the other on East Hill . Kevin O'Neill of the Planning Department pointed out that these are two separate and distinct areas, and showed the location of each on the map. He explained that the request in the North Park area was to change the Comprehensive Plan from SF 8 to Mixed Use, and the zoning from SR 8 (single family) to Community Commercial or Neighborhood Community Commercial. He said that the request for the East Hill area was to change the current designation of SF 6 to SR 8 with corresponding zoning which would be the same. O'Neill noted that at the hearing of May 29th, the Interim Land Use and Planning Board recom- mended denial of the North Park amendment and approval of the East Hill amendment. ORR MOVED to adopt the recommendations of the Interim Land Use and Planning Board to deny CPA-95-2A and CPZ-95-3 , to approve CPA-95-2B and CPZ-95-4 , and to direct the City Attorney to prepare the necessary ordinance (s) . Johnson seconded and the motion carried. DOWNTOWN (OTHER BUSINESS - ITEM 4D) SUBAREA PLAN Downtown Subarea Plan (PERF Grant) . In March 1996 , the City of Kent was awarded a $150, 000 grant from the State Department of Commerce and Economic Development to conduct a strategic action plan for downtown. On April 2 , 1996 , the City Council authorized the Mayor to sign the grant contract with the State. City staff has interviewed and selected a planning consultant, MAKERS, Inc. , to complete the downtown plan and is now seeking authorization for the Mayor to sign a contract with this consultant. Due to time constraints, this item is being submitted to Council without prior ccmmittee review. 5 July 2 , 1996 DOWNTOWN ORR MOVED to authorize the Mayor to sign a SUBAREA PLAN Planning Services contract with MAKERS, Inc. to complete the Downtown Action Plan. Johnson seconded. Orr noted that this plan was discussed by a Chamber of Commerce Affordable Housing Task Force which she is a member of, and expressed the desire that the Chamber have an opportunity to provide input as to the planning of the downtown area. Her motion then carried. COUNCIL (CONSENT CALENDAR - ITEM 3L) Councilmember Absence. AUTHORIZATION for an excused absence from the July 2 , 1996, City Council meeting for Councilmember Tim Clark. He will be out of town and unable to attend. PARKS & (CONSENT CALENDAR - ITEM 3M) RECREATION Asphalt Project at Various Parks. ACCEPT as complete the Asphalt Patch and Seal Coating Project at Russell Road, Kent Memorial and Glenn Nelson Parks and release retainage to Lind Asphalt, upon receipt of state releases, as requested by the Parks Department. (BIDS - ITEM 5B) Skateboard Park. This project involves construc- tion of a 60' x 80 , main skate area, with a 34 ' diameter concrete bowl , as an alternate, con- nected by a concrete "shake" with a variety of jumps, ramps, rails and benches. Four (4) bids were received on June 27 , 1996 . The low bid was submitted by T. F. Sahli of Seahurst, Washington, in the amount of $87 , 680 . 00 (base bid) and $32 , 320. 00 (Alternate No. 1) . The Engineer' s Estimate was $73 , 897 . 00 for the base bid and $27 , 270 . 00 for Alternate No. 1, plus Washington State sales tax. EPPERLY MOVED to enter into a contract with T. F. Sahli of Seahurst, in the amount of $87 , 680 . 00, base bid only, plus Washington State sales tax, for the construction of the Skateboard Park in Kent. Woods seconded and the motion carried. Upon Orr' s question, Ms . Wickstrom stated that the project will be complete in approximately two months. FIRE (OTHER BUSINESS - ITEM 4A) DEPARTMENT Live Burn Simulators - Acquisition and Training. Fire Administration requests sole vendor authorization and a budget adjustment using 6 July 2 , 1996 FIRE unanticipated revenue to purchase the first two DEPARTMENT live fire simulators from Symtron Systems, Inc. HOUSER MOVED that authorization be granted for the Mayor to sign a sole vendor contract with Symtron Systems, Inc. , and that the full amount of the $482 , 070. 00 remaining in the Fire Public Safety Bond funds and the unanticipated $105, 000 . 00 from the Fire District contract be utilized to fund the first two live fire simulators . Woods seconded and the motion carried. (BIDS - ITEM 5C) Hose Purchase - Fire Department. Written bids were received for fire hose replacement. Fire Administration recommends award to the low compliant bidder, Flexline, in the amount of $39, 438 . 36 including tax. HOUSER SO MOVED, Johnson seconded and the motion carried. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through June 14 and paid on June 14 , 1996, after auditing by the Operations Committee on June 19 , 1996 . Approval of checks issued for vouchers: Date Check Numbers Amount 6/14/96 169994-170064 $3 , 155, 299 . 27 Approval of checks issued for payroll for June 1 through June 15, 1996 and paid on June 20, 1996 . Date Check Numbers Amount 6/20/96 Checks 212241-212601 $ 274 , 929 . 72 6/20/96 Advices 35398-35837 584 , 687 . 73 $ 859 , 617 . 45 (CONSENT CALENDAR - ITEM 3C) Banking Service Contract Extension. AUTHORIZATION to extend the Banking Services contract with U. S . Bank from July 1, 1996 to June 30, 1997 . U. S . Bank' s bid was the lowest of four bids received in 1990 and since that time they have continued to offer high quality services and will continue their low rates throughout this extension. Options for the City' s banking services will be reviewed during the latter part of this year and early in 1997 . 7 July 2 , 1996 FINANCE (CONSENT CALENDAR - ITEM 3D) Centennial Operating Budget. AUTHORIZATION to establish a budget of $673 , 298 for the Centennial Building operations and two positions for the balance of 1996 , and to authorize the reimburse- ment of one-quarter of the facility management with $6, 436 from the General Fund Balance and $715 from the Utility Fund Balance. (CONSENT CALENDAR - ITEM 3E) Budget Adiustment. ADOPTION of Ordinance No. 3303 approving the gross budget adjustment totaling $2 , 735, 896 for budget adjustments made through May 31, 1996. This ordinance is pri- marily a housekeeping adjustment consolidating previously approved individual budget items into one adjusting ordinance. (CONSENT CALENDAR - ITEM 3J) LID 327 - Segregation of Assessment. ADOPTION of Resolution No. 1477 authorizing the 13th and 14th segregations of Assessment #45 in LID 327 to accommodate the 13th and 14th sale of the pro- perty, as recommended by the Public Works Committee. These segregated properties will pay their designated share of the LID assessment. (CONSENT CALENDAR - ITEM 3K) LID 330 - Segregation of Assessment. ADOPTION of Resolution No. 1478 authorizing the 14th and 15th segregation of Assessment #6 in LID 330 to accom- modate the 14th and 15th sale of property, as recommended by the Public Works Committee. These segregated properties will pay their designated share of the LID assessment. REPORTS Council President. Houser announced that Suburban Cities will meet in Des Moines on July loth and asked those who plan to attend to contact Ms. Banister tomorrow. Houser also noted that the Cornucopia Days Parade will be held on July 14th. Operations Committee. Johnson announced that the meeting scheduled for July 3rd has been cancelled. Planning committee. Orr noted that the next scheduled meeting will be held on July 16 at 4 : 00 p.m. 8 July 2 , 1996 REPORTS Administrative Reports. McFall advised that purchase of the Centennial Center Properties was finalized on July 1st . ADJOURNMENT The meeting adjourned at 7 : 35 p.m. Brenda Jac er, CMC City Cler 9 Kent City Council Meeting Date July 16 , 1996 Category Consent Calendar 1. SUBJECT: PACIFIC TERRACE PRELIMINARY PLAT SU-96-12 - SET DATE 2 . SUMMARY STATEMENT: Authorize August 6, 1996, as the date for a public meeting to consider the Hearing Examiner's recommendation of approval for a preliminary plat applica- tion by Pacific Industries. The property is located at 10605, 10707 , 10717 SE 248th Street . 3 . EXHIBITS: None 4 . RECOMMENDED BY: Hearing Examiner _ — (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT_ NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS — 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: — 'ACTION: — council Agenda Item No. 3C 116,11, Kent City Council Meeting Date July 16, 1996 Category Consent Calendar 1. SUBJECT: HILLSIDE MANOR REZONE RZ-96-1 - ORDINANCE 2 . SUMMARY STATEMENT: Adoption of Ordinance No. rezoning approximately 4 . 3 acres from SR-4 . 5, Single Family Residential to SR-6, Single Family Residential, as discussed at the Council meeting of July 2 , 1996 . 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: City Council — (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES _ 6 . EXPENDITURE REQUIRED: SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: — ACTION: -- Council Agenda Item No. 3D ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent , Washington, relating to Land Use and Zoning, rezoning approximately 4 . 3 acres from SR-4 . 5 , Singh° Family Residential to SR-6 , Single Family Residential . (Hillside Manner Rezone; WHEREAS, an application t.o rezone approximately 4 . 3 acres from the current zoning of SR -4 . 5 , Single Family Residential to SR-6 , Single Family Residential was filed on February 23 , 1996 ; and WHEREAS, the responsible official issued a Determination of Nonsignificance ([)NS) for the proposed rezone on March 27, 1996 with no conditions equired; and WHEREAS, a public hearing on the Hillside Manor rezone was held before the Hearing Examin<.r on May 15 , 1996 ; and WHEREAS , the Hearing Examiner issued findings that the Hillside Manor Rezone is consisten-, with the City Comprehensive Plan, that the proposed rezone and subsequent development activity would be compatible wit: -.he development in the vicinity, that the proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated, that. circumstances have changed since the establishment of the current zoning district to warrant the proposed rezone, and that the proposed rezone will not adversely affect the health, safety and general welfare of the citizens cf the City of Kent ; and WHEREAS , the findings are consistent with the standards for rezone set forth in Section _5 . 09 . 050 (C) of the Kent City Code ; and WHEREAS, the Kent Hearina Examiner recommended approval of the Hillside Manor Rezone on May 33 , 1995 ; and WHEREAS, the City Counc-_1 moved to accept the findings of the Hearing Examiner and adopt t:-e Hearing Examiner ' s recommendation for approval of ae H-llside Manor Rezone from SR- 4 . 5 , Single Family Residential --o SR-o , Single Family Residential ; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS : SECTION 1 . The property located at approximately 24411 98th Avenue South consisting of approximately 4 . 3 acres and depicted in Exhibit A, attached hereto and incorporated herein. by this reference is rezoned from SR 4 . 5 , Single Family Residential to SR-6 , Single Family Resident_ .: . SECTION 2. If any one er more sections, sub-sections, or sentences of this Ordinance cis., held to be unconstitutiona-1 or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect . SECTION 3. This Ordinance shall take effect and be in force five (5) days from and .f* e _ts passage, approval and publication as provided by law . JIM WHITE, MAYOR ATTEST : BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED day of , 1996 . APPROVED day of 1996 . PUBLISHED day of _ 1996 . I hereby certify that phis is a true copy of Ordinance No . , passed by the City Counc_i of the City of Kent , Washington, and approved by t=qe Mayor of the City of Kent as hereon indicated. (SEAL) BRENEA JACOBER, CITY CLERK HILLMAN.ORD City of Kent - Planning Department C� Q Ln 1 T o - - � � � '/x-•YFTS�� x�4 it L� � J� col I mi �- - -ES I I LI APPLICATION NAME: Hillside Manor NUMBER: #-RZ-96-1 DATE: July 16, 1996 REQUEST: Rezone A LEGEND N -^ == F.pplicaticn site Zoning/Topography Zoning boundary Tr City Limits City of Kent - Planning Department EXH I B IT_L I I I a I I g ' I 7 I I G �/ ,I I�i • Iv l 7 'I'r \�•' .r l i _ _ _ .1 •" t.r�5• I•I 'r[5' •' •:�Sr I'! f.: 5� •I fl[f�ll•l f.ip<• 1. .L.i ` I r_—__=�' / - _ - .I L_-•r I _ f I . - I ` _ �I _ �I � :� 1i�� III I�� I � �• „J Zo Is -- I 1 l I f L 1 /[. f APPLICATION NAME: Hillside Manor NUMBER: #RZ-96- 1 DATE: May 1 5, 1996 REQUEST: Rezone A LEGEND N Application site Site Plan Kent City Council Meeting Date July 16, 1996 Category Consent Calendar 1. SUBJECT: COMPREHENSIVE PLAN AMENDMENT CPA-95-2B AND ZONING MAP CHANGE CPZ-95-4 - ORDINANCES 2 . SUMMARY STATEMENT: Adoption of Ordinance No. 33o 5 relat- ing to Comprehensive Plan Amendment CPA-95-2B and Ordinance No. '>3 o W relating to Zoning Map changes CPZ-95-4 . These ordinances would change a parcel located on the southwest corner of SE 260th Street and 108th Avenue SE from a plan designation of SF-6 to a plan designation of SF-8 , and from a zoning map designation of SR-6 to a zoning map designation of SR-8 . 3 . EXHIBITS: Ordinances 4 . RECOMMENDED BY: City Council -- (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES _ 6. EXPENDITURE REOUIRED: SOURCE OF FUNDS: -- 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: ----- ---- — Council Agenda Item No. 3E ORDINANCE NO. AN ORDINANCE of the :,-ty Council of the City of Kent, Washington, amending the City of Kent Comprehensive Plan to change a plan designation from SF-6 Single Family Residential) , six units per acre to a plan designation of SF-8 Single Family Residential) , 8 units per acre on the southwest corner of 108th Avenue S . E . and S . E . 260th Street . WHEREAS, the Washington S ate Growth Management Act ( "GMA" ) requires internal consistency among comprehensive plan elements and the plans from ogler jari.sdictions ; and WHEREAS , to assure that comprehensive plans remain relevant and up to date, the GMA -esquires each jurisdiction to establish procedures whereby amendments to the plan are considered by the City Council )RCW 36 . 70A. 130 (2 ) ) , and limits amendments to once each year unles- an emergency exists ; and WHEREAS , the City of Kent has established a deadline of September 1st of each year for ac_,eptance of comprehensive plan amendments ; and Comp. Plan Amendment SC-8 WHEREAS, by September 1 , 1995 , the City received an application to amend the comprehensive plan ' s designation of a parcel approximately 2 . 94 acres in size and located at the southwest corner of 108th Avenue S . E . and S . E . 260th Street ; and WHEREAS, the parcel is currently designated SF-6 and the applicants are requesting a plan designation of SF-8 ; and WHEREAS, the staff presented the requested comprehensive plan amendment for consideration by the City of Kent ' s interim Land Use and Planning Board on May 29, 1996 ; and. WHEREAS, the City of Kent Interim Land Use and Planning Board held a public hearing on the proposed comprehensive plan amendment on May 29, 1996 ; and WHEREAS, the proposed amendment is consistent with the standards of review for comprehensive plan amendments outlined in Section 12 . 02 . 050 of the Kent Ci_v Code ; and WHEREAS, the City of Kent Interim Land Use and Planning Board took public testimony, reviewed the proposed comprehensive plan amendment , and move to recommend the approval of the amendment of the comprehensive plan designation from SF-6 to SF-8 to the full City Council ; and WHEREAS, the City Counci.' for the City of Kent approved the recommendation of the comprehensive plan amendment CPA-95- 2 (B) to amend the comprehensive plan. designation of a parcel of land at the southwest corner of ft.t. Avenue S . E . and S . E . 260th Street from a plan designation_ of :,z'- 5 to a plan designation of SF-8 ; NOW, THEREFORE, THE CITY COUNCIL OF THE :":TY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS : SECTION 1 . The City of Kent Comprehensive Plan adop ed by Ordinance No . 3222 is hereby amended to establish a new plan designation for a parcel app.rox_ma'.eiy 2 . 94 acres in size and located at the southwest corner of =08th Avenue S . E . and S .E . 260th Street , Kent, Washington from a plan designation of SF-6 (Single Family Residential ) 5 units per acre to SF-8 (Single Family Residential) 8 units per acre as depicted in the map attached as Exhibit A and incc)rpc>ra�ed herein by this reference . SECTION 2. If any one cr more sections , sub-sections , or sentences of this Ordinance are :geld to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect . 3 SECTION 3 . This Ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and. publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM : ROGER A. LUBOVICH, CITY ATTORNEY PASSED day of 1996 . APPROVED day of 1996 . PUBLISHED day of 1996 . 4 I hereby certify that is a true copy of Ordinance No . , passed by the City Cou-,cil of the City of Kent , Washington, and approved by the Ma,-or of the City of Kent as hereon indicated . _ (SEAL) BREN"?A JACOBER, CITY CLERK 5 ' City of Kent - ='-tannin x Department MDMF Q EI - El 071D MU =, 1 __ - -- _L= L�I-1 L ILDMF --, L � I 1 �`n ]� ( `I Ll M ❑ LDMFC f i APPLICATION NAME: Grube NUMBER: ;"CP A-95-2(B) REQUEST: Comprehensive Plan Amendment AA46 LEGEND N <- Application site Plan boundary City Limits ORDINANCE NO. 5 3 0 AN ORDINANCE of the City Council of the City of Kent , Washington , amending the Kent Zoning Map to change a zoning designation from SR-6 to a zoning designation of SR-8 on a parcel of approximatel,: 2 . 94 acres and located on the southwest corner of 108th Avenue S .E . and S . E . 260tr. Street . WHEREAS, pursuant to the Washington Growth Management Act (GMA) the City of Kent accepts applications for comprehensive plan amendments once each year ; an(; WHEREAS, the City of Ken- received an application to amend the comprehensive plan designation of SF-6 to SF-8 and to correspondingly amend the zoning m .p designation of SR-6 to SR-8 on a 2 . 94 acre parcel located or. r::e southwest corner of 108th Avenue S . E . and S . E . 260th Street :r. Kent , Washington by the deadline of September 1 , 1995 ; and WHEREAS , the City of Kent Interim Land Use and Planning Board held a public :nearing or. the proposed comprehensive plan and zoning map amendments on May 2` . 1996 ; and Zoning Mao CF.ange WHEREAS , the City of Ker_i:� interim Land Use and Planning Board reviewed the proposed amendment , took public testimony and moved to recommend approval of comprehensive plan amendment #CPA- . 95-2 (B) and the corresponding zoning map #CPZ-95-4 to the full City Council ; and WHEREAS, on July 2 , 1996 , the Kent City Council approved the comprehensive plan amendment from a plan designation of SF-6 to SF-8 and the corresponding zoning map amendment from a zoning designation of SR-6 to SR-r ; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS : SECTION 1 . The City of Kent Zoning Map is hereby amended to establish a new zoning map designation for 2 . 94 acres located at the southwest corner of lOBth Avenue S . E . and S . E . 260th Street from SR-6 to SR- 8 and as depicted in the attached Exhibit A and incorporated herein by this reference . SECTION 2. If any one ).- more sections , sub-sections , or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not i -fect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect . SECTION 3. This Ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM : ROGER A. LUBOVICH, CITY ATTORNEY PASSED day of _ _ , 1996 . APPROVED day of 1996 . PUBLISHED day of __ 1996 . I hereby certify that this is a true copy of Ordinance No . , passed by the City Council of the City of Kent , Washington, and approved by the Mayor of the City of Kent as hereon indicated . (SEAL) BRENDA JACOBER, CITY CLERK CPZMAP .ORD a City of Kent - Planning Department E X! i I B IT.,., 1 I -iI Iri I i MRM IL MRG r, U I__5 ( i L-r r ' C C=` RG _i6F� I �v Z70 I I Dd APPLICATION NAME: Grube NUMBER: ;' CPL-C;:7 A. P '=QUEST: Compr;.h�ensive Plcan Zoning LEGEND N ='=� Application site Zoning bound2ry City Limits Kent City Council Meeting Date July 16 . 1996 Category Consent Calendar 1. SUBJECT: PARKS HOUSES - AUTHORIZATION TO SURPLUS 2 . SUMMARY STATEMENT: Authorization to solicit bids to remove the three surplus house located at 26521 132nd Avenue SE, 14608 SE 288th, and V4420 SE 288th, Kent, by gift or donation. The Parks Department has three surplus houses on park pro- perties that need to be removed and is requesting authorization to remove the houses by soliciting bids. Interested parties will be required to secure adequate insurance protecting the City and comply with all rules and regulations, if relocating the houses within the Kent City limits. 3 . EXHIBITS: None 4 . -)PRECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ _ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ----- ACTION: - Council Agenda Item No. 3F //l/I Kent City Council Meeting Date July 16, 1996 Category Consent Calendar 1. SUBJECT: 1997 PRELIMINARY BUDGET - SET HEARING DATE 2 . SUMMARY STATEMENT: Authorization is requested to set August 6, 1996, as the date for the first public hearing on the 1997 budget. The final public hearing will be held on November 5, 1996, in anticipation of a November adoption of the budget. Public input is desirable and welcomed as we begin to prepare for the 199�K budget. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Finance Director (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES _ 6. EXPENDITURE REQUIRED: SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3G �&e Kent City Council Meeting Date July 16 . 1996 Category Consent Calendar 1. SUBJECT: 1997-2002 CAPITAL FACILITIES PLAN - SET HEARING DATE 2 . SUMMARY STATEMENT: Authorization is requested to set August 6, 1996, as the date for the public hearing on the 1997-2002 Capital Facilities Plan. The Capital Facilities Plan includes the Capital Expenditures for the next six years and will be the Capital Facilities portion of the City' s Comprehensive Plan. This Plan must be amended each year by September 1st. Public input is encouraged as we finalize the 1997-2002 Capital Facilities Plan for the City of Kent. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Finance Director. — (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES -_ 6. EXPENDITURE REQUIRED: SOURCE OF FUNDS -- 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION — — Council Agenda Item No. 3H ��7 Kent City Council Meeting Date July 16 . 1996 Category Other Business 1. SUBJECT: STRAWBERRY LANE REZONE RZ-96-2 2 . SUMMARY STATEMENT: The Hearing Examiner has recommended approval of an application by Jerry Prouty and Bill Ruth of Barghausen Consulting Engineers, Inc. , to rezone approximately 8 . 33 acres of property from SR-4 . 5 and SR-6 (Single Family Residential, maximum densities of 4 . 5 and 6 units per acre) to SR-8 (Single Family Residential, maximum allowable density of 8 units per acre) . The property is located south of S. 240th Street, and east and west of 100th Avenue S. 3 . EXHIBITS: Staff report & Findings and Recommendations 4 . RECOMMENDED BY: Hearing Examiner (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO '� YES 6. EXPENDITURE REOUIRED: SOURCE OF FUNDS: --__ 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to accept/reject/modify the Findings of the Hearing Examiner, to adopt/reject/modify the Hearing Examiner' s recommendation of approval of the Strawberry Lane Rezone No. RZ-96-2 , and to direct the City Attorney to prepare the necessary ordinance. DISCUSSION: ACTION: _ — Council Agenda Item No. 4A Kent City Council Meeting Date July 16 . 1996 Category Other Business 1. SUBJECT: STRAWBERRY LANE REZONE RZ-96-2 2 . SUMMARY STATEMENT: The Hearing Examiner has recommended approval of an application by Jerry Prouty and Bill Ruth of Barghausen Consulting Engineers, Inc. , to rezone approximately 8 . 33 acres of property from SR-4 . 5 and SR-6 (Single Family Residential, maximum densities of 4 . 5 and 6 units per acre) to SR-8 (Single Family Residential, maximum allowable density of 8 units per acre) . The property is located south of S. 240th Street, and east and west of 100th Avenue S. 3 . EXHIBITS: Staff report & Findings and Recommendations 4 . RECOMMENDED BY: Hearing Examiner — (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES _ 6. EXPENDITURE REOUIRED: SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember_�'� moves, Councilmember seconds to accept-/rejeet/modify the Findings of the Hearing Examiner, to adoptj-rejeet,/modify the Hearing Examiner' s recommendation of approval of the Strawberry Lane Rezone No. RZ-96-2 ,/ ud moo, DISCUSSION: ACTION: — ' � y Council Agenda ti ,�' Item No. 4A CITY OFJ Jr ,Jim White, Mayor Planning Department (206) 859-3390/FAX(206) 850-2544 James P. Harris, Planning Director OFFICE OF THE LAND USE HEARING EXAMINER (206) 859-3390 Theodore P.Hunter Hearing Examiner FINDINGS, CONCLUSIONS AND RECOMMENDATION FILE NO: STRAWBERRY LANE REZONE #RZ,-96-2 APPLICANT: Jerry Prouty and Bill Ruth, c/o Barghausen Consulting Engineers, Inc. REQUEST: A request to rezone approximately 8.33 acres from SR-4.5 and SR-6, Single Family Residential, maximum densities of 4.5 and 6 units per acre, to SR-8, Single Family Residential, maximum allowable density of 8 units per acre. LOCATION: The property is located at south of S. 240th Street, east and west of 100th Avenue S. APPLICATION FILED: March 11, 1996 DETERMINATION OF NONSIGNIFICANCE ISSUED: April 11, 1996 MEETING DATE: .tune 5, 1996 RECOMMENDATION ISSUED: June 19, 1996 RECOMMENDATION: APPROVAL, STAFF REPRESENTATIVE: Fred N. Satterstrom, Planning Department Matthews Jackson, City Planning Department Gary Gill, City Engineering Department PUBLIC TESTIMONY: Jeff Potter, Barghausen Engineers, Agent for Applicant Others Kenneth Noyce & Rick Styer,Neighboring Property Owners. WRITTEN TESTIMONY: None 1 2204LIi AVE. SO, /KEAT, 98012-i895/FITLPIIt F i-aGixJ9-TUIn/FAX N.s4/ally - _ - Hearings Examiner Finding and Recommendation Strawberry Lane Rezone #RZ-96-2 EXHIBITS: Exhibit 1 - Staff Report & File Including Exhibit IA - Application, Exhibit 1B -Environmental Analysis, Exhibit I - Departmental Comments & Exhibit 1 D - Affidavits of Notice of Public Hearing. Exhibit 2 - Environmental Review Report INTRODUCTI Oti 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. An application for a rezone was filed on March 11, 1996. The property proposed for a rezone consists of two parcels of land. The first is approximately 3.93 acres and is located on the west side of 100`h Avenue South and south of South 240`h Street. The second is approximately 4.4 acres and is located on the east side of 100`h Avenue South and south of South 240`h Street. The two parcels together are referred to as Strawberry Lane. Exhibit IA, Application. 2. The applicant proposes a rezone from "SR-4.5" (Single Family Residential with 4.5 units maximum per acre) and "SR-6" (Single Family Residential with 6 units maximum per acre) to SR-8 (Single Family Residential with 8 units maximum per acre) Exhibit IA. The proposed rezone would allow the applicant to apply for a preliminary plat of the property with 20 residential lots on the western parcel and 24 lots on the eastern parcel. The preliminary plat application, if it is received, would be analyzed separately from this rezone application. Exhibit IA, Application; Testimony of Mr. Matthews Jackson. 3. Property to the north and south of the site is zoned SR-4.5 and SR-6. Property to the east of the site is zoned SR-8. Office and commercial zoning is to the northeast of the site. The parcels are vacant but surrounded by single family development, East Hill Elementary School and Fred Meyer retail store. 1, Staff Report: Testimony of Matthews Jackson. 4. The City Comprehensive Plan Map designates the site as SF-8, Single Family Residential with a maximum of 8 units per acre. Exhibit 1, Staff Report, pages 4-5. 2 Hearings Examiner Finding and Recommendation Strawberry Lane Rezone #RZ-96-2 5. A development project to create 44 residential lots is associated with this rezone application, but will be analyzed separately by the City. Two neighboring property owners testified at the public hearing with concerns about increased traffic and the impacts it would have on children walking to and from school and playing in the streets. In addition, these citizen- expressed concern about drainage of water that sometimes covers portions of the site. Testimony of Mr. Noyce and Mr. Styer. These potential impacts have not been fully analyze' as part of the rezone application. If an application for a preliminary plat is filed,the analysis of that application will include identification of transportation impacts and required mitigation measures as well as an analysis of the need for stormwater drainage and wetland protection. Preliminary information suggests that transportation impacts can be mitigated and that there are all required public utilities available to the site including stormwater drainage systems. The applicant has agreed to full street improvements and mitigation of stormwater drainage impacts as part of a "Decision Document" issued by the City on April 12, 1996. The applicant's representative testified that increased density allowed if the rezone were approved may reduce the traffic impacts as more children could walk to school and to retail businesses in the area. Exhibit 2 Environmental Review Report; Testimony of Matthews Jackson; Testimony of Gary Gill; Testimony of Mr. Jeff Potter. 6. A final Determination of Nonsignificance was issued for this proposal on April 11, 1996. No conditions were attached to the Determination of Nonsignificance (DNS). The DNS was not appealed. Exhibit I B; Testimony of Kevin O'Neill. 7. Since the existing zoning designation of SR-4.5 was applied, the city has experienced rapid growth and development. The Growth Management Act also required the City to re-examine its planning guidelines and development regulations for the City. The City has decided to regulate property development based upon number of units per acre rather than minimum lot size. The GMA also requires cities to concentrate growth within an urban growth boundary. This means that some increased density in Kent will be necessary to accommodate the expected increase in number of citizens. T estimonv of Matthews Jackson; Exhibit 1, Staff Report. 8. A public hearing was held on this application on June 5, 1996. Notice of the public hearing was posted on the site, published in the newspaper and mailed to persons living near the site. Exhibit ID, Affidavits of Notice. The public hearing was attended by a representative of the City, two interested citizens and the applicant. The City presented a recommendation to approve the rezone request without conditions. Exhibit 1, Staff Report; Testimony of Matthews Jackson. The applicant presented testimony in support of the rezone request. Testimony of Mr. Jeff Potter. The concerns raised by the citizens who testified focused on increased traffic and drainage problems. Testimom of Mr. Noyce and 1Ir. Slyer. 3 Hearings Examiner Finding and Recommendation Strawberry Lane Rezone #RZ-96-2 CONCLUSIONS Jurisdiction and Authoritv The Hearing Examiner has jurisdiction to hold a public hearing on this quasi-judicial rezone, and to issue a written recommendation for final action to the Council, pursuant to RCW 35A.63.170 and Chapters 2.32 and 15.09 of the Kent City Code. Section 15.09.050 (A)(3) of the Kent Zoning Code sets forth the standards and criteria the Examiner must use to evaluate a request for a rezone. A request for a rezone shall only be granted if: 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. Based on the Findings specified above, the Examiner makes the following conclusions: Consistenev with Comprehensive Plan CONCLUSION 1: The proposed rezone is consistent with the both the City Comprehensive Plan Map and Policies. 1.1 The designation of SF-8 on the comprehensive plan map indicates the proposal is consistent with the vision of the future adopted by the City Council. The uses allowed in a SF-8 zone are compatible with those listed in the comprehensive plan under the SF-8 designation. Finding of Fact No.4. 1.2 The Examiner must also consider the policies of the comprehensive plans as well as the map designations. The Comprehensive Plan includes written policies to encourage in-fill development within the urban growth boundary so that there will be sufficient housing opportunities to accommodate the increased population within the City projected over the 4 Hearings Examiner Finding and Recommendation Strawberry Lane Rezone #RZ-96-2 next 20 years. Exhibit 1, Planning Department Report, page 4-5; Finding of Fact No.7. The proposed rezone is consistent with these policies. Compatibility with Development in the Vicinity CONCLUSION 2: The potential development associated with the rezone proposal would be compatible with the existing development in the vicinity of the proposed rezone. The proposed rezone is in an area of single family residential housing. The proposed rezone would be consistent with this surrounding development. The type of development authorized under the proposed zone is just as compatible with the existing development than is the type of development authorized under the current zone. Although some public concerns were expressed about more children in the street while playing and walking to and from school, the development proposal associated with the rezone proposal will result in improvements to sidewalks and street systems that should result in a safer environment for children. In addition, play areas within any subdivision proposal can help alleviate the concern of children playing in the streets because of reduced yard space. Findings of Fact No.2,3 & 5. Burden on Transportation System CONCLUSION 3: The proposed rezone would not unduly burden the transportation system 3.1 The traffic impacts associated with the potential development of the proposed rezone will be reviewed by the City as part of the environmental review of any development proposal that may be associated with the rezone. Preliminary analysis by the Public Works Department indicates that there are no traffic impacts associated with the a development proposal that cannot be mitigated at the time of the application for a specific development. The proposed improvements to the street system in the area would help improve pedestrian access to the school and adjacent commercial areas A variety of approaches are available to control traffic impacts that will mitigate adverse traffic impacts associated with increased density. Findings of Fact No. 5. Change of Circumstances CONCLUSION 4: Circumstances have changed substantially since the establishment of the existing zone to warrant the proposed rezone. There have been significant changes in land use activity in the city in the last few years since the passage of the Growth Management Act. The proposed zoning designation reflects the changing nature of residential development in the City. The Comprehensive Plan developed under the Growth Management Act stresses increased density within the urban growth 5 Hearings Examiner Finding and Recommendation Strawberry Lane Rezone #RZ-96-2 boundary. This rezone is proposed at this time because of the changes in planning policies within the City adopted during December, 1995. Finding of Fact No. 7. Health Safetv and Welfare of the Citizens of Kent CONCLUSION 5: The proposed rezone would not adversely affect the general welfare of the citizens of Kent in the area surrounding the proposed rezone. Several concerns were raised by those who presently live in the area surrounding the proposed rezone. These concerns relate primarily to increased traffic and its impacts on children walking to and from school. These concerns are more appropriately addressed if an application for a preliminary plat is filed for the subject properties. The surrounding property owners did not challenge the Determination of Nonsignificance that was issued by the city for this rezone proposal. Had they done so, it may be that the possibility of development of the parcels would have been fully analyzed along with the proposed rezone. Since the DNS was issued only on the rezone - as a non-project rezone - the Hearings Examiner may only review those impacts associated with the rezone itself. A development proposal must be analyzed separately. It may be that far less than the maximum density allowed in the SF-8 zone will be proposed. This will affect the analysis of traffic impacts. It is premature at the rezone stage to examine all the. impacts of possible development of the property. Since the citizens interested in this proposal have allowed the environmental analysis of the rezone proposal to be limited to the proposed rezone, a complete response to their concerns must await the review conducted for a development proposal that may follow an approval of the rezone. RECOMMENDATION Based on the above Findings and Conclusions, the Examiner recommends the City Council APPROVE this request for a rezone without conditions. It is the Examiner's opinion that the rezone request, as proposed, meets the criteria for approval established by the Council. Dated this 19th day of June, 1996. THEODORF PAUL HUNTER Hearing Examiner 6 Hearings Examiner Finding and Recommendation Strawberry Lane Rezone #RZ-96-2 APPEALS FROM HEARING EXAMINER DECISIONS. Request of Reconsideration (Section 2.32.140) Any aggrieved person may request a reconsideration of a decision or recommendation by the Hearing Examiner is based on erroneous procedures, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably be available at the time of the hearing, may make a written request for reconsideration by the Hearing Examiner within fourteen (14) days of the date the decision or recommendation is rendered. This request shall set forth the specific errors or new information relied upon by such appellant, and the 1-Iearing Examiner may, after review of the record, take further action as he deems proper. 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 (Excerpt from Section 2.32.1 50 i No appeal may be made from a recommendation of the Hearing Examiner. c=962.fin 7 CITY OF J�']�LSV LSD Jim White, Mayor Planning Department (206) 8 5 9-3 3 901FAX(206) 850-2544 James P. Harris,Planning Director KENT PLANNING DEPARTMENT (206) 859-3390 STAFF REPORT FOR HEARING EXAMINER MEETING OF JUNE 5, 1996 3:00 PM FILE NO: STRAWBERRY LAME #RZ-96-2 APPLICANT: Jerry Prouty and Bill Ruth, c/o Barghausen Consulting Engineers 18215 72nd Avenue South Kent, WA 98032 (206)251-6222 REQUEST: A request to rezone approximately 8.33 acres of property from SR-4.5, (formerly R1-9.6), and SR-6, (formerly RI-7.2), Single Family Residential, maximum allowable densities of 4.5 and 6 units per acre to SR-8 (formerly R1-5.0), Single Family Residential, maximum allowable density of 8 units per acre. STAFF REPRESENTATIVE: Matthews Jackson, Planner/GIS Coordinator STAFF RECOMMENDATION: APPROVAL, with revision I. GENERAL INFORMATION A. Description of the Proposal The applicant proposes to rezone approximately 8.33 acres from the current zoning of SR-4.5, Single Family Residential (maximum allowable density of 4.5 units per acre), and SR-6, Single Family Residential (maximum allowable density of 6 units per acre), to SR-8, Single Family Residential (maximum allowable density 1 b1859-3,00/FAX x 359-333J 210 ath AVE.SO.. l KENT.AVASHIVGTON 98032-5 Y9i l TELFPHONF CO Staff Report Strawberry Lane #RZ-96-2 of 8 units per acre). The proposal consists of two parcels of land; one of approximately 3.93 acres located on the west side of 100th Avenue and one of approximately 4.4 acres on the east side of' 100th Avenue South. On December 19, 1995, the Kent City Council adopted Ordinance No. 3268, which amended the development standards for the single-family zoning districts. This ordinance was adopted to implement policies in the Kent Comprehensive Plan. On April 16, 1996, the City Council adopted Ordinance No. 3290, which, along with Ordinance 3268, altered the way density in single family zones is regulated; density is now regulated based on a number of units (or lots) per acre, instead of by minimum lot size. The ordinance also changed the names of the single-family zoning districts, based on the number of units permitted per acre. The applicant has submitted a conceptual rezone exhibit which illustrates a potential tentative subdivision of 20 residential lots on the western property, and 24 lots on the eastern parcel. Any proposed subdivision would require formal preliminary plat application and public hearing. B. Location The subject properties are located south of South 240th Street east and west of 100th Avenue South. C. Size of Property The subject proposal is approximately 8.33 acres. D. Zoning A range of zoning districts surrounds the site. East of the proposal, the area is zoned SR-8. SR-4.5 and SR-6 zoning abuts the property on the north and south. Office and commercial zoning abuts the northeast portion of the site. E. Land Use The subject property is currently vacant. The parcels are surrounded by single family development to the east, west, and south.. East Hill Elementary School and Fred Meyer abut the site to the north. 2 Staff Report Strawberry Lane #RZ-96-2 F. History The subject property was annexed to the City of Kent as part of the approximately 400 acre East Hill Well Annexation Area 2 on April 22, 1987 (Ordinance No. 2721). The annexation occurred as a result of the City taking over and improving the water system for customers of the East Hill Well Company. II. ENVIRONMENTAL CONSIDERATIONS A. Environmental Assessment A Determination of Nonsignificance (DNS) (#ENV-96-21) for the rezone proposal was issued on April 11, 1996. B. SiQnificant Phvsical Features Topography and Vegetation Both parcels contained within this proposal have slopes which range between 2 and 5 percent. The proposed site contains many significant trees of six inch or greater caliper and other vegetation. A detailed tree plan which illustrates the location of all trees of six inch or greater caliper will be required prior to any development or improvements on the site. C. Significant Social Features 1. Street Svstem Primary access to the site will be from 100th Avenue Southeast and 98th Avenue South, with secondary access from Southeast 244th Street. All roadways will require improvement/widening to a full width condition in conjunction with any subsequent subdivisions. One Hundredth Avenue Southeast is classified as a Residential Collector Arterial Street, augmented with bicycle lanes upon the City's Master Plan of Roadways with a 46 foot wide roadway with 3 lanes. 98th Avenue South is classified as a Residential Collector Street upon the City's Master Plan of Roadways with a 36 foot wide roadway with 3 lanes. 3 Staff Report Strawberry Lane #RZ-96-2 Southeast 244th Street is also classified as a Residential Collector Street upon the City's Master Plan of Roadways with a 36 foot wide roadway with 3 lanes. All of these roadways are substandard width roads, and 100th Avenue Southeast between Southeast 244th Street and the 24200 block has unimproved right of way. Public testimony has been provided to the City by residents in the area that there is considerable pedestrian activity along 98th Avenue South, and concerns for safety of children accessing East Hill Elementary with increased traffic along 100th Avenue SE. The average daily traffic count on 98th Avenue South is approximately 1100 vehicle trips per day. The ADT for Southeast 244th Street is 350 vehicle trips per day, and the ADT for 100tb Avenue Southeast is zero. 2. Water System The site is served by 10 and 16 inch water mains. 3. Sanitary Sewer Svstem There is an existing 8 inch sanitary sewer line available to serve the site. 4. Stormwater Svstem A stormwater system will be necessary to accommodate any new development. The developer will be required to construct an aboveground stormwater treatment system in accordance with Kent Construction Standards. 5. LIDs No Local Improvement Districts exist at this time. III. CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application: Director of Operations City Attorney Director of Public Works Chief of Police 4 Staff Report Strawberry Lane #RZ-96-2 Parks & Recreation Director Fire Chief Building Official City Clerk In addition to the above, all persons owning property which lies within 200 feet of the site were notified of the application and of the public hearing. Staff comments have been incorporated in the staff report where applicable. IV. PLANNING DEPARTMENT REVIEW A. Comprehensive Plan In 1995, the Kent City Council adopted the Kent Comprehensive Plan, which represented a complete revision to the City's 1977 comprehensive plan. The 1995 plan was prepared under the provisions of the Washington State Growth Management Act. The Comprehensive Plan, through its goals and policies, presents a clear expression of the City's vision of growth for citizens, the development community, and other public agencies. The plan is used by the Mayor, City Council. Land Use and Planning Board, Hearing Examiner, and City departments to guide decisions on amendments to the City's zoning code and other development regulations, which must be consistent with the plan, and also guide decisions regarding the funding and location of capital improvement projects. Land Use Element The Land Use Element of the plan contains a Land Use Plan Map, which designates the type and intensity of land uses throughout the city, as well as in the entire potential annexation area. The Land Use Plan Map designates the subject property as SF-8, Single-Family Residential with a maximum allowable density of 8 units per acre. The land use element also contains goals and policies relating to the location, density, and design of future development in the City and in the Potential Annexation Area. Goal LUA: Designate an urban growth area and Potential Annexation Area which will define the City's planning area and projected city limits for the next 20 years. 5 Staff Report Strawberry Lane #RZ-96-2 Policv LU-1.1: Provide enough land in the City's urban growth area to accommodate the level of household growth projected to occur in the next 20 years. Goal LU-8: The City of Kent adopts a 20 year housing target of 7,500 new dwelling units within the existing city limits. Coordinate with King County through an interlocal agreement on housing targets in the unincorporated area within Kent's Potential Annexation Area. Policv LU-8.1: Provide in the land use plan adequate land and densities to accommodate both city and county targets within the Potential Annexation Area. Average net residential densities throughout the Potential Annexation Area should be at least four units per acre in order to adequately support urban services. Planning Department Comment. As mentioned, the Land Use Plan Element in the Comprehensive Plan designates the subject property, and surrounding property, as SF-8. This area was designated as SF-8 due to its proximity to multifamily and commercial development located to the west, south, and east, and the presence of many urban services, particularly water and sewer. Therefore, the Land Use Plan contemplates higher densities for this area than those permitted under the existing zoning of SR-4.5 and SR-6. After the Comprehensive Plan was adopted, staff recommended changes to the zoning map for several areas on East Hill to implement the land use designations in the Land Use Plan Map (#CPZ-95-1) The subject parcel, and the parcels surrounding this parcel, were recommended to be zoned R1-5.0, consistent with the plan designation of SF-8. At the Planning Commission hearing on July 24, 1995, several property owners from the Canterbury and Eastwood plats opposed changing any zoning in this general area to R1-5.0. Subsequently, the Planning Commission recommended no zoning changes in this area, and therefore no amendments were made. This proposed rezone is supported by the goals and policies cited above. The development of vacant or underutilized properties within the City prevents further 6 Staff Report Strawberry Lane #RZ-96-2 urban sprawl on the edges of the planning area. In addition, infill development provides a much more efficient means of providing services and enhancing pedestrian opportunities. One of the overall themes of the comprehensive plan is to provide a wide variety of housing types and opportunities to accommodate projected population growth without converting single family land to multifamily. Development of single family residential development at higher densities is supportive of this theme. The applicant has submitted a conceptual zoning exhibit which proposed 44 lots if this rezone is approved. At the existing zoning density, excluding area proposed on the conceptual zoning exhibit for dedicated right of way and storm drainage detention, it would be possible to create approximately 37 lots on the property. Under the proposed zoning, with the same exclusions, it would be possible to create 60 lots. Therefore, the rezone would create the potential for 13 additional building lots. The conceptual zoning exhibit shows 7 additional building lots above what would be allowed under existing zoning. HOUSING ELEMENT Goal H-1: Promote healthy neighborhoods by providing a wide range of housing options throughout the community that are accessible to community and human services, employment opportunities, and transportation, and by being sensitive to the environmental impacts of development. Policv H-1.2: Guide new residential development into areas where community and human services and facilities are available, and in a manner which is compatible with the land use element. Goal H-2: Provide sufficient, diverse, and affordable housing for the existing and projected population of Kent. Planning Department Cornment The proposed rezone is generally supported by relevant goals and policies of the housing element. The proposed location is easily and well served by existing services, and is conveniently located in proximity to community services and facilities. Also, as noted elsewhere in this report, the proposed rezone is consistent 7 Staff Report Strawberry Lane #RZ-96-2 with the Land Use Plan Map, which contemplates higher densities for this area than are allowed under the existing zoning. TRANSPORTATION ELEMENT Goal TR-1: Coordinate land use and transportation planning to meet the needs of the City and the requirements of the Growth Management Act. Policv TR-1.2: Coordinate new commercial and residential development in Kent with transportation projects to improve affected roadways. Policy TR-1.5: Ensure consistency between land use and transportation plans so that land use and adjacent transportation facilities are compatible. Planning Department Comment: The Growth Management Act requires consistency between land use and transportation planning. As noted, the Land Use Plan identifies the area of the rezone for single family development at densities of up to 8 units per acre. The City's 6-year Transportation Improvement Program (TIP) has identified transportation improvements in this area to accommodate higher density. The Public Works Department will require specific improvements to existing transportation facilities prior to development in this area. Improvements will included development of streets to current standards which include curb, gutter, sidewalks, and street lighting. These improvements will greatly increase the safety of pedestrians in the area including children arriving and departing East Hill Elementary School. In addition, during a series of meetings between the Citv and residents of this neighborhood, options for traffic calming devices on 100th Avenue Southeast have been explored for implementation at the time of development of the unimproved portion of the road. ECONOMIC DEVELOPMENT ELEMENT Goal ED-2: Maintain a strong policy toward balanced community development. 8 Staff Report Strawberry Lane #RZ-96-2 Policy ED-2.1: Encourage home ownership to foster stakeholders in the community. Policv ED-2.3: Encourage new housing development to locate closer to existing public services. Planning Department Comment The proposed rezone, as modified, and subsequent development will provide additional single family home ownership opportunities in the City of Kent. This can help foster a sense of community as well as increase neighborhood stability. Locating new development near existing community services drastically reduces the amount of money necessary to provide those services, and therefore funds can be directed towards other projects. C. Standards and Criteria for a Rezone Request The following standards and criteria (Kent Zoning Code, Section 15.09.050) are used by the Hearing Examiner and City Council to evaluate a request for a rezone. Such an amendment shall only be granted if the City Council determines that the request is consistent with these standards and criteria. 1. The proposed rezone is consistent with the Comprehensive Plan. Planning Department Comment The Comprehensive Plan Land Use Plan Map designates the subject parcel as SF- 8, Single Family residential, allowing densities of up to 8 units per acre. The proposed SR-8 zoning would allow densities of up to 8 units per acre, so is therefore consistent with the density range called for in the Land Use Plan Map for the area. As mentioned earlier, the proposed rezone to a higher density is also consistent with the applicable goals and policies in the Comprehensive Plan. 2. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. 9 Staff Report Strawberry Lane #RZ-96-2 Planning Department Comment On February 16, 1994, the Hearing Examiner recommended approval of#RZ-93- Top of the Hill which rezoned approximately 7.25 acres from R1-7.2 zoning, which allowed approximately 6 units per acre, to R1-5.0 allowing 8 units per acre. The City Council approved this rezone on March 15, 1994. This site is located adjacent to the subject property on the east. Other single family developments in the area are developed at densities ranging from 4 to 6 units per acre, including the Eastwood and Canterbury plats. Staff is recommending approval of SR-8 zoning on the parcel located east of 100th Avenue Southeast because it is consistent with the Comprehensive Plan Land Use Map and other rezone activity located to the east. However, staff is sensitive to the need to preserve a range of single family lot sizes in the area, and is recommending that the parcel located west of 100th Avenue Southeast be rezoned to SR-6 which is consistent with other existing developments in the area outside of the existing and proposed SR-8 area. Although this modifies the applicant's request for SR-8 zoning on both parcels of land, staff feels that the recommendation would be a better fit with existing development conditions. Approving the applicant's request would allow a maximum of 60 residential lots, while the staff proposed zoning would allow 51. Existing zoning would allow a maximum of 37 lots. 3. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. Planning Department Comment Measures to mitigate potential impacts to the transportation system caused by development on the subject property will be addressed at the time of preliminary plat approval. An increase in the number of potential development lots in this area will cause an increase in trips generated in the area. However, improvements to existing systems will increase existing capacity and allow for a better flow of traffic in the vicinity. It is likely however, that any improvements required for development of this property if this application is improved will be similar, if not the same as those required if developed under existing zoning. 10 Staff Report Strawberry Lane #RZ-96-2 4. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. Planning Department Comment When this property was annexed to the City in 1987, it was during a time of tremendous growth in multifamily development. In response to this explosive growth, the Kent City Council initiated an area-wide rezoning of multifamily land, which resulted in a reduction of potential multifamily units allowed on East Hill. At the same time, the City asserted its renewed effort in promoting single family housing and establishing new single family neighborhoods. In 1990, the State Legislature adopted the Growth Management Act (GMA). In 1995, the City Council adopted the City's new Comprehensive Plan, done under the provisions of the GMA. Along with the Land Use Plan Map and policies, the plan also contains a target for the number of new households the City must accommodate for the twenty-year time horizon of the plan. The GMA also states that a city's development regulations must implement, and be consistent with, the comprehensive plan. Smaller single family lot sizes are one way to continue Kent's commitment to single family neighborhoods while accommodating a portion of the City's expected growth. A substantial portion of the undeveloped residential land in the City has some type of significant environmental constraints associated with to it. The vicinity of the subject property was designated SF-8 due to the relative lack of development constraints involved, and the availability of urban services and facilities. 5. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Planning Department Comment The proposed rezone is consistent with the intent of the Comprehensive Plan. As a result the rezone proposal will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Subsequent development on the site will have to meet applicable codes, regulations. and processes, including mitigation of anticipated environmental impacts 11 Staff Report Strawberry Lane #RZ-96-2 V. CITY STAFF RECOMMENDATION Upon review of the merits of this request and the Code criteria for granting a rezone, the City staff recommends APPROVAL, with revision of the Strawberry Lane Rezone request with the following conditions: 1. Parcel number 1922059007 located west of 100th Avenue Southeast shall be rezoned from SR-4.5 to SR-6, Single Family Residential, with a maximum density of six units per acre. Parcel number 7830800190 located east of 100th Avenue Southeast shall be rezoned from SR-6 to SR-8, Single Family Residential, with a maximum density of eight units per acre. 2. The developer shall execute an environmental mitigation agreement for participation in the City's South 272nd/277th Street Corridor project. Because the project represents a fundamental change of land use from the assumptions by which the South 272nd/277th Street Corridor was evaluated, all additional trips above those PM peak hour trips assumed generated under the previous R1-9.6 and R1-7.2 zoning shall be mitigated at the full Corridor Participation rate of$2,126 per PM peak hour trip. The precise amount will be based upon the number of lots on the final plat maps. KENT PLANNING DEPARTMENT May 22, 1996 ch:rz962.rpt 12 City of Kent - Planning Department C C 1 I i � I p - ---- --- --- -- za•,-t.�%�'�. ,� � a �� � `• I l L 1 � o. } ; �— � L = Q '1 I . u �R p Q I - ---- 1 I L H PL _ APPLICATION NAME: Strawberry Lane NUMBER: #RZ-96-2 DATE: June 5, 1996 REQUEST: Rezone A, LEGEND N Application site Zoning/Topography Zoning boundary City Limits City of Kent - Planning Department r......... 1[210 C Z 77, H aTll crj-96) L&-FA H)a LIU-,11 713 Ll f 9 APPLICATION NAME: Strawberry Lane NUMBER: #RZ-96-2 DATE: June 5, 1996 REQUEST: Rezone AA, LEGEND N Application site Site Plan City of Kent - Planning Department 233 PL c S 233 (ST v oe PT W j\5_234 PL w, Q� ST m q C. 2�5 9E 5E 236 ST c' II 5� 0.� fn II SE 237 ST rsOh 5 237,J ¢ ¢ ell ¢ v PL / o� NO SE ' T S 238 PL ?f - aj SE aI239 ST > r ^ _ 230 GY CI n_ 0 ST = S 239 PL 5 241 ST jl S) 242 ST _ 11 CIS 242 — tL___A T ii G7 m o S 243 T . S uu T « uuj— SE 244 ST > nIGSF- 2u4 CT J "� PL o � E NO ST SE 246 S ,�n Zug PL c u' IS 247 -`F'f, 247 PL ¢ >1 ( T IG SE 2 m ERSQN ST E SEATTLE ST vi TLE ST O > GO ST w S 252 S, UREL ST APPLICATION NAME: Strawberry Lane NUMBER: #RZ-96-2 DATE: June 5, 1996 REQUEST: Rezone A, LEGEND N Application site Vicinity Map Railroad tracks City Limits Kent City Council Meeting Date July 16 . 1996 Category Other Business 1. SUBJECT: BENAROYA 218TH WAREHOUSE REZONE RZ-96-3 2 . SUMMARY STATEMENT: The Hearing Examiner has recommended . approval of an application by Thomas Lee, O'Keefe Development Company, to rezone approximately 1. 09 acres from GWC, Gateway Commercial, to M-3 , General Industrial. The property is located at 21701 84th Avenue S . , Kent. 3 . EXHIBITS: Staff report & Findings and Recommendations 4 . RECOMMENDED BY: Hearing Examiner (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ ___-- SOURCE OF FUNDS: 7 . CITY COUNCIL ACT/I�ON: Councilmember moves, Councilmember + seconds to accept/rej-ecf ify the Findings of the Hearing Examiner, to adopt/r-e7ect-7M0d-i-fY the Hearing Examiner' s recommendation of approval of the Benaroya 218th Warehouse Rezone No. RZ-96-21 and to direct the City Attorney to prepare the necessary ordinance. Vw DISCUSSION• --- N'l� ACTION. — ---- Council Agenda Item No. 4B CITY OF d Jim White, Mayor Planning Department (206) 859-3390/FAX(206) 850-2544 James P. Harris, Planning Director OFFICE OF THE LAND USE HEARING EXAMINER (206) 859-3390 Theodore P.Hunter Hearing Examiner FINDINGS, CONCLUSIONS AND RECOMMENDATION FILE NO: BENAROYA 218TH WAREHOUSE REZONE #RZ-96-3 APPLICANT: Thomas Lee, O'Keefe Development Company REQUEST`. A request to rezone approximately 1.09 acres from GWC, Gateway Commercial, to M-3, General Industrial. LOCATION: The property is located at 21701 84th .Avenue S., Kent, WA 98031. APPLICATION FILED: March 14, 1990 DETERMINATION OF NONSIGNIFICANCE ISSUED: April 11, 1996 MEETING DATE: .Tune 5, 1996 RECOMMENDATION ISSUED: June 19, 1996 RECOMMENDATION: APPROVAL, STAFF REPRESENTATIVE: Fred N. Satterstrom, Planning Department Matthews Jackson, Planning Department PUBLIC TESTIMONY: Tom Lee, agent for applicant WRITTEN TESTIMONY: None EXHIBITS: l. Staff report and file including: IA. Application, 1B. Environmental Analysis, 1 C. Departmental Comments and I D. Affidavits of Notice of Public Hearing 1 "0 aih:A 'G.SU.. /6EVT.W.ISIIING"PUu naR_-San,iIPl.f Pllr)Nr: Cu(, x5o_1tu0/P:1.AR85y-1;iJ - Hearings Examiner Findings and Recommendation Benaroya 218th Street Rezone #RZ-96-3 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. An application for a rezone was filed on March 14. 1996. The property proposed for a rezone is located at 21701 84th Avenue S. Exhibit 1.4, Application. 2. The property is approximately 4.4 acres. The applicant proposes a rezone of approximately 1.09 acres from the current zoning of GWC, Gateway Commercial, to M-3, General Industrial, to facilitate the development of a warehouse/office building. The east 310 feet of the lot is zoned GWC while the remainder is zoned M-3. The proposed rezone would allow the applicant to construct an 86,982 square foot warehouse/office building as a permitted use within the M-3 zoned. Exhibit IA, Application; Testimony of Mr. Matthews Jackson. 3. -3. Property to the east of the site along 84th Property to the west of the site is zoned M Avenue S. is zoned GWC. The subject property is currently vacant. Industrial uses are operating west of the site and commercial/retail uses are operating to the east of the site. Exhibit 1, Staff Report; Testimony of Mr. Matthew.% Jackson. 4. The City Comprehensive Plan Map designates the site as MC, Manufacturing Center, and C, Commercial. A number of policies in the Comprehensive Plan support industrial designations within this area. Exhibit 1, Staff Report, page 5. 5. A development project to build a warehouse/office facility is associated with this rezone application, but will be analyzed separately by the City. That analysis will include identification of transportation impacts and required mitigation measures as well as an analysis of available utilities. Preliminary information suggests that transportation impacts can be mitigated and that all required public utilities are available to the site. Exhibit 1, Staff Report. 6. A final Mitigated Determination of Nonsignificance was issued for this proposal on April 11, 1996. One condition was attached to the Determination of Nonsignificance (DNS) that required additional environmental information on the larger project proposed in conjunction 2 Hearings Examiner Findings and Recommendation Benaroya 218th Street Rezone #RZ-96-3 with this application. The DNS was not appealed. Exhibit IB; Testimony of Matthews Jackson. 7. Since the existing zoning designation of GWC was applied in 1989,the City has experienced rapid growth and development. The pressure for development of warehouse facilities hFS also intensified. Several rezones have been approved in the GWC zoned area to allow the development of manufacturing/industrial projects. The recent amendments to the City-wide Comprehensive Plan also recognize this trend. Testimony of Matthews Jackson; Exhibit 1, Staff Report. 8. A public hearing was held on this application on June 5, 1996. Notice of the public hearing was posted on the site, published in the newspaper and mailed to persons owning property near the site. Exhibit ID, Affidavits of Notice. The public hearing was attended by a representative of the City and the applicant. The City presented a recommendation to approve the rezoned request without conditions. Exhibit 1, Staff Report; Testimony of Matthews Jackson. The applicant presented testimony in support of the rezone request. Testimony of Tom Lee. No one testified or submitted any evidence against the rezone request at the public hearing. All testimony and evidence presented prior to and during the public hearing supported approval of the rezone request CONCLUSIONS Jurisdiction and Authoritv The Hearings Examiner has jurisdiction to hold a public hearing on this quasi-judicial rezone, and to issue a written recommendation for final action to the Council, pursuant to RCW 35A.63.170 and Chapters 2.32 and 15.09 of the Kent City Code. Section 15.09.050 (A)(3) of the Kent Zoning Code sets forth the standards and criteria the Examiner must use to evaluate a request for a rezone. A request for ,i rezone shall only be granted if. 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; 3 Hearings Examiner Findings and Recommendation Benaroya 218th Street Rezone #RZ-96-3 e. The proposed rezone will not adversely affect the health, safety, and general welfare of the citizens of the City of Kent. Based on the Findings specified above, the Examiner makes the following conclusions: Consistency with Comprehensive Plan CONCLUSION 1: The proposed rezone is consistent with both the City Comprehensive Plan Map and Policies. 1.1 The designation of Commercial on the Comprehensive Plan Map as MC and C indicates the proposal is consistent with the vision of the future adopted by the City Council. Finding of Fact No. 4. 1.2 The Examiner must also consider the policies of the Comprehensive Plan as well as the Map designations. The Comprehensive Plan includes written policies to encourage the development of a mix of land uses which are compatible with warehouse uses. The proposed rezone is consistent with these policies. Compatibility with Development in the Vicinity CONCLUSION 2: The potential development associated with the rezone proposal would be compatible with the existing development in the vicinity of the proposed rezone. The proposed rezone is in an area that has been developed with commercial and manufacturing uses. The proposed rezone would be consistent with this surrounding development. The type of development authorized under the proposed rezone is just as compatible with the existing development than is the type of development authorized under the current zone. Finding of Fact .Vo. 3. Burden of Transportation System CONCLUSION 3.: THE PROPOSED REZONE WOULD NOT UNDULY BURDEN THE TRANSPORTATION SYSTEM. 3.1 The traffic impacts associated with the potential development of the proposed rezone will be reviewed by the City as part of the environmental review of any development proposal that may be associated with the rezone. Preliminary analysis by the Public Works Department indicates that there are no traffic impacts associated with the development proposal that cannot be mitigated at the time of the application for a specific development. Typically, traffic generated by a 4 Hearings Examiner Findings and Recommendation Benaroya 21 Sth Street Rezone #RZ-96-3 warehouse/manufacturing use are less than those generated by a commercial use. Finding of Fact No. S. Change of Circumstances CONCLUSION 4: Circumstances have changed substantially since the establishment mf 0�1- existing zone to warrant the proposed rezone. There have been significant changes in land use activity in the city in the last few years since the passage of the Growth Management Act. The proposed zoning designation reflects the changing nature of development proposals with the GWC zone. Development patterns currently stress joint office/manufacturing/warehouse use that is more consistent with the M3 zoning designation. The city has established the area on the west side of the property as an M3 zone in recognition of this change of circumstances. This helps promote the use of the subject property as a site for industrial use. Finding of Fact No. 7. Health, Safetv and Welfare of the Citizens of Kent CONCLUSION 5: The proposed rezone would not adversely affect the general welfare of the citizens of Kent in the area surrounding the proposed rezone. No one presented any evidence of any nature against this rezone proposal. The Hearings Examiner must conclude that the proposed rezone would not have any adverse affect on anyone in the area surrounding the rezone. Finding of Fact No. 8. RECOMMENDATI0\ Based on the above Findings and Conclusions, the Examiner recommends the City Council APPROVE this request for a rezone without conditions. It is the Examiner's opinion that the rezone request, as proposed, meets the criteria for approval established by the Council. Dated this 19th day of June, 1996. THEODORE PAUL HUNTER Hearing Examiner 5 Hearings Examiner Findings and Recommendation Benaroya 218th Street Rezone #RZ-96-3 APPEALS FROM HEARING EXAMINER DECISIONS. Request of Reconsideration (Section 2.32.140) Any aggrieved person may request a reconsideration ol' a decision or recommendation by the Hearing Examiner is based on erroneous procedures, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably be available at the time of the hearing, may make a written request for reconsideration by the Hearing Examiner within fourteen (14) days of the date the decision or recommendation is rendered. This request shall set forth the specific errors or new information relied upon by such appellant, and the Hearing Examiner may, after review of the record, take further action as he deems proper. 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 (Excerpt from Section 2.32.1 50) No appeal may be made from a recommendation of the Hearing Examiner. c:rz963.fin 6 CITY OF t1\1Lr:!1L]V Y� - Jim White, Mayor Planning Department (206) 859-3390/FAX(206) 850-2544 James P. Harris, Planning Director KENT PLANNING DEPARTMENT (206) 859-3390 STAFF REPORT FOR HEARING EXAMINER MEETING OF JUNE 5, 1996 3:00 PM FILE NO: 218TH WAREHOUSE FOR BENAROYA #RZ-96-3 APPLICANT: Thomas Lee O'Keefe Development Corp. 7900 SE 28th Street, Suite 400 Mercer Island, WA 98040 (206)236-6200 REQUEST: A request to rezone approximately 1.09 of a 4.4 acre lot from GWC, Gateway Commercial, to M3, General Industrial. STAFF REPRESENTATIVE: Matthews Jackson, Planner/GIS Coordinator STAFF RECOMMENDATION: APPROVAL I. GENERAL INFORMATION A. Description of the Proposal The applicant proposes to rezone approximately 1.09 acres of a 4.4 acre lot from the current zoning of GWC, Gateway Commercial, to M3, General Industrial, in order to construct a 86,982 square foot warehouse/office building. The east 310 feet of the lot which fronts on East Valley Highway/84th Avenue South is zoned GWC, while the remainder of the lot to the west is zoned M3. The proposed I ^0 ath AVE_SO., 1 KENT.WASHINGTON 9R011 589S/TELEPHO?F. _06ig59-3?00/FAX tt 359-i731 Staff Report 218th Warehouse for Benaroya #RZ-96-3 building contains approximately 7,500 square feet of office space and 79,482 square feet of warehouse area. B. Location The subject property is located at 21701 84th Avenue South. C. Size of Property The total site area is approximately 4.4 acres; the portion of the site proposed for rezoning is 1.09 acres (SEE, attached maps). D. Zoning Zoning immediately along 84th Avenue South, on the east side of the subject property is GWC, Gateway Commercial. Properties on the west side of the subject property are zoned M3, General Industrial. E. Land Use The subject property is currently vacant. A single family residence is located adjacent to the property on the southeast corner. A combination of heavy and light industrial uses are located on the west of the site, and commercial/retail uses are located on the east side of the property. F. History The subject property was annexed to the City of Kent on August 31, 1955 as part of a 900 acre annexation. A portion of the subject property and adjacent properties along 84th Avenue South were rezoned to Gateway Commercial in 1989 as part of a Comprehensive Plan Zoning Amendment #CPZ-89-1. II. ENVIRONMENTAL CONSIDERATIONS A. Environmental Assessment A Mitigated Determination of Nonsignificance (DNS) (#ENV-95-36 )was issued for a 70,000 square foot office/warehouse and manufacturing building on this site 2 Staff Report 218th Warehouse for Benaroya #RZ-96-3 in 1995. #ENV-96-23 for this proposed 86,982 square foot office/warehouse building has one condition which requires the developer to submit revised environmental information to the City for the project that will lead to a modified determination for #ENV-95-36 with revised conditions that mitigate the impacts from the larger building. B. Significant Physical Features Topography and Vegetation The site is flat and generally devoid of vegetative material. There are no City identified wetlands or water features present on the site. At the time of development fill material will be brought onto the site. C. Significant Social Features_ 1. Street Svstem Primary access to the site will be from East Valley Highway/84th Avenue South which is classified as a Principal Arterial upon the City's Master Plan of Roadways. It is improved with lanes of asphalt paving within an 80 foot wide roadway with 7 lanes. Conditions to mitigate for the potential impacts of this development on the transportation systems have been applied through #ENV-95-36. 2. Water Svstem The site is served by an existing 10 inch water main. 3. Sanitary Sewer Svstem There is an existing 8 inch sanitary sewer line available to serve the site. 4. Stormwater System A Stormwater system will be necessary to accommodate any new development. The developer will be required to construct an aboveground Staff Report 218th Warehouse for Benaroya #RZ-96-3 stormwater treatment system in accordance with Kent Construction Standards. 5. LIDs No Local Improvement Districts exist at this time. III. CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application: Director of Operations City Attorney Director of Public Works Chief of Police Parks & Recreation Director Fire Chief Building Official City Clerk In addition to the above, all persons owning property which lies within 200 feet of the site were notified of the application and of the public hearing. Staff comments have been incorporated in the staff report where applicable. IV. PLANNING DEPARTMENT REVIEW A. Comprehensive Plan In 1995, the Kent City Council adopted the Kent Comprehensive Plan, which represented a complete revision to the City's 1977 comprehensive plan. The 1995 plan was prepared under the provisions of the Washington State Growth Management Act. The Comprehensive Plan, through its goals and policies, presents a clear expression of the City's vision of growth for citizens, the development community, and other public agencies. The plan is used by the Mayor, City Council. Land Use and Planning Board, Hearing Examiner, and City departments to guide decisions on amendments to the City's zoning code and other development regulations, which must be consistent with the plan, and also guide decisions regarding the funding and location of capital improvement projects. 4 Staff Report 218th Warehouse for Benaroya #RZ-96-3 LAND USE ELEMENT The Land Use Element of the plan contains a Land Use Plan Map, which designates the type and intensity of land uses throughout the city, as well as in the entire potential annexation area. The Land Use Plan Map designates the subject property as C, Commercial. The land use element also contains goals and policies relating to the location, density, and design of future development in the City and in the Potential Annexation Area. Goal LU-14: Designate a portion of the Valley Floor Industrial Area as a Manufacturing/Industrial Center. Preserve land in this area for manufacturing and related land uses. Policy LU-14.2: Discourage and limit land uses other than manufacturing and warehouse within the boundaries of the manufacturing center. Goal LU-16: Designate an industrial area within Kent's annexation area which will be an employment center for both the City of Kent and South King County. Policv LU-16.2: Within the industrial area encourage a mix of land uses which are compatible with manufacturing, industrial, and warehouse uses. These shall include office development, retail uses which serve the surrounding manufacturing uses, and retail uses which require large parcels of land which may not be available in commercial districts. Planning Department Comment: In 1988, a comprehensive plan amendment was adopted for the East Valley area after a study of land use trends. The amendment designated a general commercial strip along both sides of 84th avenue South from South 212th Street to the SR 167 overpass. The exact boundaries for the commercial district were established after a lengthy analysis of properties fronting 84th Avenue South and considerable input from property owners. The resultant GWC zoning boundary was a compromise between existing lot dimensions and individual owner's intentions. 5 Staff Report 218th Warehouse for Benaroya #RZ-96-3 An additional analysis of land uses in the city was conducted during the completion of the Comprehensive Plan in 1995. The Kent City Council elected to propose a large portion of the industrial area as a Manufacturing/Industrial Center. All properties in the vicinity of the subject site zoned M3 are part of the Manufacturing/Industrial Center. This designation preserves an area for continued and future industrial development near existing infrastructure and industrial businesses. The industrial area is the heart of Kent's economic health and is vital to the regional employment base. Since the establishment of the GWC zoning district, several properties have requested rezones on a portion of their sites in order to reduce the area of the GWC zone. On April 21, 1993, the City Council approved Venture 84, #RZ-92-3, a request to rezone approximately 2.52 acres from GWC to M3 zoning. The request was approved in order to construct a 46,080 square foot speculative warehouse building. On February 22, 1994, The City Council approved the Carpinito Business Park #RZ-93-3, a request to rezone 3 acres from GWC to CM- 1, Commercial Manufacturing. This rezone was approved in order to construct a 38,200 square foot building. A split zoning situation on some deep lots abutting 84th Avenue South in the GWC zoning district restricts their use for commercial purposes. The portion of this lot which would remain in the GWC zoning district would contain approximately 7,500 square feet of office. Office uses are principally permitted in the GWC zoning district. Approving this rezone would be consistent with previous requests in the area while promoting the development of the Manufacturing/Industrial Center and compliance with development standards in the GWC zone. ECONOMIC DEVELOPMENT ELEMENT Goal ED-4: Protect the existing inventory of industrial parcels from conversion to non-industrial uses. Policv ED-4.l: Coordinate the Capital Facilities Plan to ensure the maintenance and expansion of infrastructure to support manufacturing/industrial areas.. 6 Staff Report 218th Warehouse for Benaroya #RZ-96-3 Planning Department Comment The proposed rezone is supported by goals and policies of the economic development element. The establishment of designated manufacturing/industrial centers was to protect them from encroachment by non-industrial uses. This was done with the assumption that it will be very difficult to convert existing residential or commercial properties to industrial zoning in the future. The city has identified several projects to reinforce existing infrastructure in the vicinity of the subject property in order to benefit existing and future development of industrial uses. C. Standards and Criteria for a Rezone Request The following standards and criteria (Kent Zoning Code, Section 15.09.050) are used by the Hearing Examiner and City Council to evaluate a request for a rezone. Such an amendment shall only be granted if the City Council determines that the request is consistent with these standards and criteria. i. The proposed rezone is consistent with the Comprehensive Plan. Planning Department Comment The Comprehensive Plan Land Use Plan Map designates the subject parcel as MC, Manufacturing Center and C, Commercial. Allowing this rezone would be generally consistent with the intent of both these land use designations. The proposed development would help achieve the goal of promoting manufacturing/ industrial uses in the valley while providing for a vital and diverse business community. 2. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. Planning Department Comment The proposed rezone and development would not have an adverse impact on development in the area. Although properties along 84th Avenue South are zoned GWC, there are several existing industrial uses located along this road in the vicinity of the project. There are intense commercial uses which have impacts beyond those expected after development of the subject property. The few existing 7 Staff Report 218th Warehouse for Benaroya #RZ-96-3 residential uses are in a state of transition to commercial uses along 84th Avenue South. Anticipated environmental impacts of this project have been addressed through mitigating conditions of the SEPA review. 3. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. Planning Department Comment Measures to mitigate potential impacts to the transportation system caused by development on the subject property have been addressed through the SEPA process. Improvements to existing systems may be required in order to accommodate expected additional vehicle trips. There is generally less traffic generated by industrial development than commercial. 4. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. Planning Department Comment As mention earlier in this report, the GWC zoning district was established in 1989. Since 1989, several rezones have been approved to rezone portions of the GWC zoning district back to industrial uses. Other rezones approved in this area include Kent East Corporate Park#ENV-90-4, Bishop #ENV-91-1, Venture 84 #ENV-92- 3, and Carpinito Business Park #ENV-93-3. In addition, the city has established the area on the west side of the property, which includes the M3 zoning district, as a manufacturing/industrial center which protects and promotes industrial uses in the vicinity of the site. 5. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Planning Department Comment The proposed rezone will not be detrimental to the health, safety, and general welfare of the citizens of the City of Kent. Any development on the site will have 8 Staff Report 218th Warehouse for Benaroya #RZ-96-3 to adhere to all applicable codes, regulations, and processes, including mitigation of anticipated environmental impacts V. CITY STAFF RECOMMENDATION Upon review of the merits of this request and the Code criteria for granting a rezone, the City staff recommends APPROVAL of the 218th Warehouse for Benaroya Rezone request. KENT PLANNING DEPARTMENT May 23, 1996 ch:rz963.rpt 9 City of Kent - Planning Department 5 L212 ST 1? I I � I I I I I I I I II S 216 ST I I I I o S 218 T S 21 m J ¢ m S 2 S 222 ST i I co APPLICATION NAME: 218th Warehouse for Benaroya Company NUMBER: #RZ-96-3 DATE: June 5, 1996 REQUEST: Rezone A LEGEND N Application site Vicinity Map Railroad tracks City Limits City of Kent - Planning Department r, O 7\ ; ----: fl E ----- --- J i 1 1 ❑ YI -E.I 4 ❑ L APPLICATION NAME: 218th Warehouse for Benaroya Company NUMBER: #RZ-96-3 DATE: June 5, 1996 REQUEST: Rezone �►, LEGEND N Application site Zoning/Topography Zoning boundary r,- City Limits City of Kent - Planning Department i I L t o ' r _ i APPLICATION NAME: 218th Warehouse for Benaroya Company NUMBER: #RZ-96-3 DATE: June 5, 1996 REQUEST: Rezone �, LEGEND Application site Site Plan Kent City Council Meeting Date July 16. 1996 Category Other Business 1. SUBJECT: COUNTRY VIEW ESTATES II PRELIMINARY PLAT SU-95-5 2 . SUMMARY STATEMENT: This date has been set to consider the Hearing Examiner's recommendation for conditional approval of an application by Shamrock Development Corporation for a 13-lot single family residential preliminary subdivision. The property is located at 22600 100th Avenue SE. 3 . EXHIBITS: Staff memo, Findings and Recommendation, staff reports for July 19 and August 30, 1995, and preliminary plat map 4 . RECOMMENDED BY: Hearing_Examiner (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION:` - Councilmember moves, Councilmember seconds to accept/ the Findings of the Hearing Examiner and to adopt/ the Hearing Examiner's recommenda- tion of approval with 19 conditions of the Country View Estates II Preliminary Plat SU-95-5 13-lot single family residential preliminary subdivision. DISCUSSION: ACTION• m G Council Agenda Item No. 4C CITY OF %7111, 1T PLANNING DEPAR_ 206 859-3390 Jim White, Mayor MEMORANDUM July 16, 1996 MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBE_ FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: COUNTRY VIEW ESTATES PRELIMINARY PLAT ttSU-95-05 On July 19 and August 30, 1995, the Kent Hearina Examiner held a public hearings to cons. a request by Shamrock Development Corporation for a 13-lot single family residential preliminary subdivision. The property is approximately 3.65 acres in size, and is located at 22600 100th Avenue SE in Kent, Washington. On September 14, 1995, the Hearing Examiner recommended approval of this preliminary subdivision with the following conditions: A. PRIOR TO RECORDATION OF FINAL PLAT: i. The subdivider shall execute an environmental mitigation agreement to participate in, and pay a fair share of the construction costs of the City's South 224th/228th Street Corridor Project. The minimum benefit to the subdivider is estimated at $13,988 based upon 13 trips and the capacity of the South 224th/228th Street Corridor. The final benefit value will be based on the number of lots approved on the final plat map multiplied times $1,076 (in 1986 dollars) and as adiusted for inflation. 2. The subdivider shall dedicate all right of way necessary to construct Southeast 226th Street to City Standards for a Residential Street, 50 foot wide right of w av, including a minimum 51.5 foot right of way radius in the turnaround, and 25 foot right of ,vav radius for the curb returns at the intersection of Southeast 226th Street at 100th Avenue Southeast. 3. The subdivider shall dedicate or Brant a public easement to the City for a 3-foot- wide strip across the entire subdivision frontage on 100th Avenue Southeast for the widening of 100th Avenue Southeast to City Standards for a Residential Collector Arterial auzmented with bicycle lanes. 4. The subdivider shall provide enaineerina drawings for review and approval by the City, and either construct or bond for the following: a. A gravity sanitary sewer system to serve all lots. b. A water system meeting domestic and fire flow requirements for all lots. ""-11h AVE.SO.. /KI:NT.WA S I I I.VGTUN OSII:'.i Sn9/TLL GN 10N Ii i'OhiN i4.l 1110/P:AS x Siu.:1;1 Country View Estates Preliminary Plat#SU-95-05 July 16, 1996 C. A storm drainage system meeting the Kent Standards for conveyance, detention,water quality treatment, etc. The minimum detention standard to be met for this project shall be that for Hillside development. The applicant shall provide necessary improvements to restrict the release of stormwater to ensure that the capacity of the existing downstream system will not be exceeded or erosion exacerbated by the proposed development. d. A 32-foot-wide paved roadway; concrete curbs and gutters; 5-foot-wide concrete sidewalks along both sides of the plat street; street lighting; storm drainage; street channelization; utilities and appurtenances, and cul-de-sac turnaround on proposed SE 226th Place per City Standards. This shall include a minimum 50 foot right of way along the roadway and a 51.5 foot right of way radius in the cul de sac turnaround, (45 foot radius at the curb line), 35 foot radius curb returns (at curb line), with 5 foot sidewalks and utility strips, at the intersection of SE 226th Street at 100th Avenue SE. e. A half street widening and reconstruction of 100th Avenue SE across the entire subdivision frontage northerly to the improvements constructed for County View Estates I to City Standards for a Residential collector Arterial roadway. The paved half street roadway width shall be 23 feet from centerline to face of curb and shall also include street lighting; 5-foot-amide concrete sidewalks; landscaping, storm drainage; street channelization; utilities and appurtenances. These improvements shall also include sufficient pavement to provide a 12 foot wide southbound lane on the westerly side of the roadway centerline across the entire frontage of the subdivision; and minimum 25:1 pavement transitions to the existing edge of pavement to the north and south of the subdivision. In addition, the subdivider shall install "No Parking" signs across the entire subdivision frontage on 100th Avenue Southeast. Finally,these improvements shall include an overlay of the existing roadway pavement, as necessary, across the entire subdivision frontage per limits of paragraph one of Condition AA.e. to provide a 2 percent crown across the pavement; and, as necessary to meet City Standards for roadway pavement section for a Residential Collector Arterial roadway. f. The subdivider shall construct a 5-foot-wide graded gravel walkway on the easterly side of 100th Avenue Southeast, from the southerly terminus of the improvements required by (e) above, to the existing concrete sidewalk near SE 228th Street. Country View Estates Preliminary Plat#SU-95-05 July 16, 1996 5. The subdivider shall dedicate all necessary public right of way for the improvements listed in Section A and provide all public and private easements necessary for the construction, operation, and maintenance of the required improvements identifies in Section A, above. 6. Comply with all applicable SEPA conditions (#ENV-96-16). B. PRIOR TO THE ISSUANCE OF A DEVELOPMENT PERMIT ON ANY LOT: 1. The subdivider shall construct the on site improvements noted in Section AA, above. C. PRIOR TO. OR IN CONJUNCTION WITH THE ISSUANCE OF ANY BUILDING PERMIT ON ANY LOT: 1. The subdivider shall construct the off-site improvements noted in Section AA, above. 2. The subdivider/developer shall submit a detailed tree plan which shows the location of all significant trees of six inch caliper or greater. These trees should be shown in relationship to any proposed site improvements during grade and fill and proposed building footprints. 3. Development on all lots shall protect solar access to properties to the north of each lot according to the calculations identified in Kent Zoning Code section 15.08.234. 4. Lots within 200 feet downslope of property with a 20 percent slope or greater are subject to the view regulations of the Kent Zoning Code section 15.08.060. JPIVmp:c:su9505.cc cc: Fred N. Satterstrom, Planning Manager City of Kent - Planning Department PRELIMINARY SNORT PLAT � I PLAT of COUNTRY VIEW ESTATES I L9450014 I VOL. 163 P?rs 25-27 1 I 12 I I I i 10 1 9 I g I 7 2 3 I I I � � I ti I 4 5 6 ' 1 2 3 I I I PARCEL A S.E. 226TH PL. PARCEL e I I ' I � I S � 3 r7 I I 13 12 � � 11 N 1 10 g x a I I APPLICATION NAME: Country view Estates II NUMBER: #SU-95-5 DATE: July 19, 1995 REQUEST: Preliminary Plat LEGEND Application site Site Plan CITY OF CITY OF KENT OFFICE OF THE LAND USE HEARING EXAMINER (206) 859-3390 Theodore P. Hunter - Hearing Examiner FINDINGS, CONCLUSIONS AND RECOMMENDATION FILE NO: COUNTRY VIEW ESTATES II #SU-95-5 APPLICANT: Shamrock Development Corporation REQUEST: A request to subdivide approximately 3.65 acres of property into 13 single-family residential lots. LOCATION: The property is located at 22600 100th Avenue SE. APPLICATION FILED: May 26, 1995 DETERMINATION OF NONSIGNIFICANCE ISSUED: May 18, 1995 MEETING DATE: July 19, 1995 August 30, 1995 RECOMMENDATION ISSUED: September 14, 1995 RECOMMENDATION: APPROVAL with conditions STAFF REPRESENTATIVE: Fred N. Satterstrom, Planning Department Matthews Jackson, Planning Department Gary Gill, Public Works Department Kristin Langley, Public Works Department Richard Chase, Public Works Department PUBLIC TESTIMONY: Bill Poppie, for applicant John Newell 'for applicant WRITTEN TESTIMONY: William Kajdzik EXHIBITS: 1 . Hearing Examiner File 2. Revised site plan dated August 17, 1995 3. Revised pages 11 to 14 (Recommendation) of Exhibit 1 , Staff Report 1 Findings and Recommendation Country View Estates II #SU-95-5 _. 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 owners of the property proposed for subdivision are Jack & Marjorie Hagedorn and Lillian Dehnert of Kent, Washington. Exhibit 1, Application. The applicant was represented at the public hearing by Mr. William Poppie, agent, and Mr. John Newell, P.E.. 2. The property proposed for subdivision is located at 22600 100th Avenue SE. Exhibit 1, Staff Report. 3. The property is 4.14 acres. The applicant proposes thirteen single family lots with the smallest lot of 9,601 square feet. The applicant submitted a revised site plan dated August 17, 1995, that shows all lots in conformance with minimum lot size requirements. Exhibit 2, Site Plan. 4. The property is zoned 131-9.6, Single Family Residential with a 9,600 square foot minimum lot size. The Comprehensive Plan Land Use Map designates the property as SF 6, Single Family Residential with six dwelling units per acre. Exhibit 1, Staff Report. 5. Land use all around the property proposed for subdivision is single family residential. There are two residences now existing on the subject property that are adjacent to 100 Avenue SE. These residences will remain under the proposed plan. Exhibit 1, Staff Report. 6. There are several significant trees of 6-inch caliper or greater on the property. Many of these trees can be preserved to enhance the aesthetic value of the area as well as help control stormwater runoff and water quality. A tree retention plan has not yet been submitted to the City. Exhibit 1, Staff Report. 7. The site would be accessed off of 100th Avenue SE, which is classified as a Y Residential Collector Arterial with less than 2,500 vehicle trips per day. The 2 Findings and Recommendation Country View Estates II #SU-95-5 traffic impacts from the proposed development would be 13 PM Peak Hour trips per day. Exhibit 1, MDNS. This increase in number of vehicles will contribute to the congestion of 100th Avenue SE if no improvements are made to that arterial. Improvements should include street widening, lighting and walkways. A bicycle lane is also important to help reduce the number of motor vehicles associated with development of the subject property. The applicant has agreed to mitigate traffic impacts associated with the proposed development. Testimony of Mr. Bill Poppie; Exhibit 1, MDNS (There was no appeal of this). 8. The City of Kent water system and sanitary sewer system can be extended to each lot. Stormwater mitigation measures were applied as conditions to the issuance of the Mitigated Determination of NONSIGNIFICANCE. These mitigation measures have been agreed to by the applicant and will address stormwater quantity and quality issues. Testimony of Mr. Bill Poppie; Exhibit 1, MDNS (There was no appeal of this). 9. The environmental review for this application resulted in a conclusion by the City's Responsible Official that the project has no probable significant adverse impacts on the environment that cannot be mitigated. A final Mitigated Determination of Nonsignificance (MDNS) was issued for the proposed subdivision on May 18, 1995 pursuant to the State Environmental Policy Act. It was not appealed by the applicant or any citizen. The conditions of mitigation address several areas of environmental concern including traffic impacts, stormwater detention facilities, and dedication of land for utilities and streets. Exhibit 1, MDNS. 10. Public notice of this application was given by posting, publication and mailing. Exhibit 1, Affidavits of Harris and Holden. 1 1 . (a.) At the public hearing on July 19, the Planning Department recommended approval of this application subject to specific conditions. One citizen who lives near the proposed subdivision expressed concerns about the surface water runoff created by the development and asked that the proposal be denied. Testimony of Mr. Kajdzik. In addition, there was some confusion about the status of the northeast lot area as to whether it was to become part of the subdivision or was already an existing lot. The applicant agreed to continue the hearing until August 30 in order to address the issues raised at the July 19 public hearing. (b.) At the August 30 public hearing, the applicant presented a revised plat map. Exhibit 2. The Planning Department presented revised recommended conditions to address street improvements and stated that the recommendation for a 3 Findings and Recommendation Country View Estates II #SU-95-5 required "dedication" of street frontage could also be met by the transfer of an easement to the City. Testimony of Matt Jackson; Exhibit 3. The concerns of Mr. Kajdzik have been addressed in the MDNS which is incorporated as additional conditions to any approval of an application. The conditions of the MDNS require a developer of the subject property to take additional steps beyond those normally required of a development to ensure that the capacity of Garrison Creek will not be exceeded by the release of stormwater from the site. CONCLUSIONS 1 . The Hearing Examiner has jurisdiction to hold a public hearing on this application; to consider all evidence presented at the public hearing; and, based on that evidence, to present a recommendation to the City Council to approve, disapprove or approve with conditions the preliminary plat application. KCC 12.04.360, KCC 2.32.090. 2. Notice of the public hearing on this application was properly given in accordance with applicable state statutes and city ordinances including Chapter 58.17 RCW and KCC 12.04.360. Finding of Fact No. 10. 3. The recommendation of the Hearing Examiner must be supported by the evidence presented, as stated in the Findings of Fact of this recommendation, and must be consistent with the standards and criteria for review specified in state statutes and city ordinances. The standards and criteria for review of preliminary plat applications are found in Chapter 12.04 of the Kent City Code (KCC) and Chapter 58.17 of the Revised Code of Washington (RCW). These review criteria include: (a) KCC 12.04.020 which provides that the purpose of the city's subdivision regulations is to: provide rules, regulations, requirements, and standards for subdividing land in the City of Kent, ensuring that the highest feasible quality in subdivision will be attained; that the public health, safety, general welfare, and aesthetics of the City of Kent shall be promoted and protected; that orderly growth, development, and the conservation, protection and proper use of land shall be ensured; that proper provisions for all public facilities (including circulation, utilities, and services) shall be made; that maximum advantage of site characteristics shall be taken into consideration; and that conformance with provisions set 4 Findings and Recommendation Country View Estates II #SU-95-5 forth in the City of Kent Zoning Code and Kent Comprehensive Plans shall be ensured. (b) KCC 12.04.330 which specifies eight requirements that must be shown on the preliminary plat map including appropriate names and dates, proposed platted property lines, contours and elevations, proposed public service areas, square footage calculations for developed and open space, dimensions of each lot, statements of soil type and drainage conditions, a description of existing land cover, and a description of wildlife present. (c) KCC 12.04.370 which requires a written statement from the Seattle-King County health department as to the general adequacy of the proposed means of sewage disposal and water supply. (d) KCC 12.04.430 which provides for the protection of valuable, irreplaceable environmental amenities so that urban development may be as compatible as possible with the ecological balance of the area including preservation of drainage patterns, protection of ground water supply, prevention of erosion and preservation of trees and natural vegetation. (e) KCC 12.04.440 which specifies requirements for utilities including sanitary sewers, a proper drainage plan and a proper water distribution system. (f) KCC 12.04.450 which requires due consideration to the allocation of public service usage areas and due regard for all natural features including large trees, water courses, historical spots and other community assets that would add attractiveness and value to the property. (g) KCC 12.04.490 which provides for. mitigation of any adverse effects of development upon the existing park and recreational facilities in the City of Kent. (h) RCW 58.17.110 which requires an inquiry into the public use and interest proposed to be served by the subdivision and a determination "that appropriate provisions are made for public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, 5 Findings and Recommendation Country View Estates II #SU-95-5 transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school." 5. Based on the Findings of Fact specified above, and with the specific conditions recommended below, the Examiner concludes that this preliminary plat application is consistent with the standards and criteria of applicable state statutes and city ordinances and should be approved. Findings of Fact No. 3,4,5,6,7,8,9, 11. RECOMMENDATION The Hearing Examiner recommends that this preliminary plat application, as revised consistent with Exhibits 2 and 3, be APPROVED subject to the following conditions: A. PRIOR TO RECORDATION OF FINAL PLAT: 1 . The subdivider shall execute an environmental mitigation agreement to participate in, and pay a fair share of the construction costs of the City's South 224th/228th Street Corridor Project. The minimum benefit to the subdivider is estimated at $13,988 based upon 13 trips and the capacity of the South 224th/228th Street Corridor. The final benefit value will be based on the number of lots approved on the final plat map multiplied times $1 ,076 (in 1986 dollars) and as adjusted for inflation. 2. The subdivider shall dedicate all right of way necessary to construct Southeast 226th Street to City Standards for a Residential Street, 50 foot wide right of way, including a minimum 51 .5 foot right of way radius in the turnaround, and 25 foot right of way radius for the curb returns at the intersection of Southeast 226th Street at 100th Avenue Southeast. 3. The subdivider shall dedicate or grant a public easement to the City for a 3-foot-wide strip across the entire subdivision frontage on 100th - Avenue Southeast for the widening of 100th Avenue Southeast to City Standards for a Residential Collector Arterial augmented with bicycle lanes. 6 Findings and Recommendation Country View Estates II #SU-95-5 4. The subdivider shall provide engineering drawings for review and approval by the City, and either construct or bond for the following: a. A gravity sanitary sewer system to serve all lots. b. A water system meeting domestic and fire flow requirements for all lots. C. A storm drainage system meeting the Kent Standards for conveyance, detention, water quality treatment, etc. The minimum detention standard to be met for this project shall be that for Hillside development. The applicant shall provide necessary improvements to restrict the release of stormwater to ensure that the capacity of the existing downstream system will not be exceeded or erosion exacerbated by the proposed development. d. A 32-foot-wide paved roadway; concrete curbs and gutters; 5- foot-wide concrete sidewalks along both sides of the plat street; street lighting; storm drainage; street channelization; utilities and appurtenances, and cul-de-sac turnaround on proposed SE 226th Place per City Standards. This shall include a minimum 50 foot right of way along the roadway and a 51 .5 foot right of way radius in the cul de sac turnaround, (45 foot radius at the curb line), 35 foot radius curb returns (at curb line), with 5 foot sidewalks and utility strips, at the intersection of SE 226th Street at 100th Avenue SE. e. A half street widening and reconstruction of 100th Avenue SE across the entire subdivision frontage northerly to the improvements constructed for County View Estates I to City Standards for a Residential collector Arterial roadway. The paved half street roadway width shall be 23 feet from centerline to face of curb and shall also include street lighting; 5-foot-wide concrete sidewalks; landscaping, storm .drainage; street channelization; utilities and appurtenances. These improvements shall also include sufficient pavement to provide a 12 foot wide southbound lane on the westerly side of the roadway centerline across the entire frontage of the subdivision; and minimum 25:1 pavement transitions to the existing edge of pavement to the north and south of the subdivision. 7 Findings and Recommendation Country View Estates II #SU-95-5 In addition, the subdivider shall install "No Parking" signs across the entire subdivision frontage on 100th Avenue Southeast. Finally, these improvements shall include an overlay of the existing roadway pavement, as necessary, across the entire subdivision frontage per limits of paragraph one of Condition A.4.e. to provide a 2 percent crown across the pavement; and, as necessary to meet City Standards for roadway pavement section for a Residential Collector Arterial roadway. f. The subdivider shall construct a 5-foot-wide graded gravel walkway on the easterly side of 100th Avenue Southeast, from the southerly terminus of the improvements required by (e) above, to the existing concrete sidewalk near SE 228th Street. 5. The subdivider shall dedicate all necessary public right of way for the improvements listed in Section A and provide all public and private easements necessary for the construction, operation, and maintenance of the required improvements identifies in Section A, above. 6. Comply with all applicable SEPA conditions (#ENV-96-16). B. PRIOR TO THE ISSUANCE OF A DEVELOPMENT PERMIT ON ANY LOT: 1 . The subdivider shall construct the on site improvements noted in Section A.4, above. C. PRIOR TO OR IN CONJUNCTION WITH THE ISSUANCE OF ANY BUILDING PERMIT ON ANY LOT: 1 . The subdivider shall construct the off-site improvements noted in Section A.4, above. 2. The subdivider/developer shall submit a detailed tree plan which shows the location of all significant trees of six inch caliper or greater. These trees should be shown in relationship to any proposed site improvements during grade and fill and proposed building footprints. 3. Development on all lots shall protect solar access to properties to the north of each lot according to the calculations identified in Kent Zoning Code section 15.08.234. - 8 Findings and Recommendation Country View Estates II #SU-95-5 4. Lots.within 200 feet downslope of property with a 20 percent slope or greater are subject to the view regulations of the Kent Zoning Code section 15.08.060. Dated this 14th day of September, 1995. THEODORE PAUL HUNTER Hearing Examiner APPEALS FROM HEARING EXAMINER DECISIONS. Request of Reconsideration Any aggrieved person may request a reconsideration of a decision by the Hearing Examiner if either (a) a specific error of fact, law, or judgment can be identified or (b) new evidence is available which was not available at the time of the hearing. Reconsideration requests should be addressed to: Hearing Examiner, 220 Fourth Avenue S., Kent, WA 98032. Reconsiderations are answered in writing by the Hearing Examiner. Notice of Right to Appeal The decision of the Hearing Examiner is final unless a written appeal to the Council is filed by a party within 14 days of the decision. The appeal must be filed with the City Clerk. Usually, new information cannot be raised on appeal. All relevant information and arguments should be presented at the public hearing before the City Council. There is no appeal of the Hearing Examiner's recommendation to the City Council. The City Council shall consider the recommendation at a regularly scheduled public meeting within 30 days. c:su955.fin 9 CITY OF LULI�2� CITY OF KENT KENT PLANNING DEPARTMENT (206) 859-3390 REVISED STAFF REPORT FOR HEARING EXAMINER MEETING OF AUGUST 30, 1995 FILE NO: COUNTRY VIEW ESTATES II #SU-95-5 l APPLICANT: Shamrock Development Corporation REOUEST: A request to subdivide approximately 3.65 acres of property into 14 single family residential lots. STAFF REPRESENTATIVE: Matthews Jackson, Planner STAFF RECOMMENDATION: APPROVAL with conditions 1. GENERAL INFORMATION A. Description of the Proposal The applicant proposes to subdivide three existing, tax parcels into 14 single family residential lots. The property is presently zoned R1-9.6, Single Family Residential, with a 9,600 square foot minimum lot size. B. Lo cation The subject property is located at 22600 100th Avenue SE. C. Size of Property_ The subdivision proposal is approximately 3.65 acres in size. 1 Staff Report Country View Estates II #SU-95-5 D. Zonin2 The subject property is zoned R1-9.6, Single Family Residential, with a 9,600 square foot minimum lot size. Properties in the vicinity of the site are also zoned single family residential. E. Land Use The City of Kent Comprehensive Plan Land Use Map designates the property as SF 6, Single Family Residential, with a six dwelling unit per acre maximum density. There are two existing residences located on the subject property. The proposed preliminary plat will reconfigure lot lines to preserve these residences. All neighboring land uses are single family residential. Both the existing and proposed developments on the subject property are in compliance with the comprehensive plan. F. History The subject property was annexed to the City of Kent on February 2, 1987 as part of an 142 acre annexation. A Tentative Plat meeting was held on February 4, 1993 to discuss issues regarding this plat (#TSU-93-1). At this meeting the applicant was given preliminary conditions of approval for this plat. II. ENVIRONMENTAL CONSIDERATIONS A. Environmental Assessment A final Mitigated Determination of Nonsignificance (MDNS) (#ENV-95-16) for this preliminary plat was issued on May 18, 1995 subject to 11 conditions. A copy of the MDNS will be a part of the record for the preliminary plat. Staff Report Country View Estates II #SU-95-5 B. Significant Phvsical Features Topography and Ve;etation The topography of the site is liillside with slopes ranging from 5% to 20%. There are several mature and significant deciduous and evergreen trees located on the site. The developer will have to submit a tree plan for Planning Department approval prior to development on any lot. C. Significant Social Features 1. Street Svstem The subject property has access to 100th Avenue SE which is classified as a Residential Collector Arteria. The street has a public right of way width of 60 feet while the actual width of paving is 22 feet. The street is improved with lanes of asphalt paving. A widening strip will be required, as well as new left turn lanes. The average daily traffic count on the street is less than 2,500 vehicle trips per day. 2. Water Svstem The site is served by an 8-inch water main. 3. Sanitary Sewer Svstem An existing 12-inch sanitary sewer is available to serve the property. 4. Stormwater Svstem A stormwater system is necessary to accommodate new development. The developer is required to construct an aboveground stormwater treatment system in accordance with Kent Construction Standards as a condition of the MDNS. The Public Works Department has the following additional comments regarding this application: 3 Staff Report Country View Estates II #SU-95-5 1. The proposed 15 feet drainage easement for bioswale may not be wide enough to meet the requirements of the Kent Construction Standards. 2. Condition number 2 of the DNS issued for #ENV-95-16 stated that an above-ground (not subsurface vault or tank) detention facility is required. In addition, the developer's design engineer has not yet proven that infiltration is infeasible, so the concept of the proposed detention vault is not approved. 3. As previously stated under the conditions for #ENV-95-16, this development will have to meet strict standards for water quality treatment. This requirement is not reflected on the submittal reviewed. These issues will need to be worked out with the Public Works Department during the development process. 5. LIDS No Local Improvement Districts exist at this time. III. CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application: Director of Operations City Attorney Director of Public Works Chief of Police Parks & Recreation Director Fire Chief Building Official City Clerk Kent School District King County-Parks, Planning & Resource Department UW West Communications Puget Sound Power and Light Seattle-King County Health Department Washington Natural Gas 4 Staff Report Country View Estates II #SU-95-5 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. 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, , 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. KENT COMPREHENSIVE PLAN The City of Kent Comprehensive Plan is trade up of eleven elements which contain written goals and policies as well as a land use map. The Kent Comprehensive Plan Land Use Map designates the project site as SF-6, Single Family Residential, six units per acre maximum. LAND USE ELEMENT The land use element outlines the proposed general distribution and location of various uses of land within the planning area. The land use element is designed to guide where and when development happens, as well as the character of Kent's development pattern. Goal LU-1: Designate an urban growth area and Potential Annexation Area which will define the City's planning area and projected city limits for the next 20 years. 5 Staff Report Country View Estates II #SU-95-5 Policv LU-1.1: Provide enough land in the City's urban growth area to accommodate the level of household growth projected to occur in the next 20 years. Goal LU-8: The City of Kent adopts a 20 year housing target of 7,500 new dwelling units within the existing city limits. Coordinate with King County through an interlocal agreement on housing targets in the unincorporated area within Kent's Potential Annexation Area. Policv LU-8.1: Provide in the land use plan adequate land and densities to accommodate both city and county targets within the Potential Annexation Area. Average net residential densities throughout the Potential Annexation Area should be at least four units per acre in order to adequately support urban services. Planning Department Comment: This proposed subdivision supports several of the goals and policies in the land use element. The development of close in vacant or underutilized properties prevents further urban sprawl on the edges of the planning area. In addition, infill development provides a much more efficient means of providing services and enhancing pedestrian opportunities. The overall density of this subdivision provides an acceptable level of net density to support urban services. One of the overall themes of the comprehensive plan is to provide a wide variety of housing types and opportunities to accommodate projected population growth without converting single family land to multifamily. Development of single family subdivisions on vacant single family land is supportive of this theme. HOUSING ELEMENT OVERALL GOAL: ENSURE OPPORTUNITIES FOR AFFORDABLE HOUSING AND AN APPROPRIATE LIVING ENVIRONMENT FOR KENT CITIZENS. 6 Staff Report Country View Estates II #SU-95-5 Goal H-1: Promote healthy neighborhoods by providing a wide range of housing options throughout the community that are accessible to community and human services, employment opportunities, and transportation, and by being sensitive to the environmental impacts of development. 1 Policv H-1.2: Guide new residential development into areas where community and human services and facilities are available, and in a manner which is compatible with the land use element. Policv H-1.7: Continue to utilize regulatory measures to control impacts of residential development on the environment and on water quality. Review these regulations periodically to assess their overall effectiveness and their impact on housing cost and supply. Planning Department Comment This proposed subdivision supports the relevant goals and policies of the housing element. The proposed location is easily and well served by existing human services and facilities. The potential impacts of this project have been reviewed under the State Environmental Policy Act, and its impacts have been mitigated for through a conditional Determination of Nonsignificance. These impacts include, but are not limited to water quality and traffic. As mentioned elsewhere in this report, the proposed development is consistent with the land use element including the Land Use Plan Map. TRANSPORTATION ELEMENT OVERALL GOAL: PROVIDE FOR A BALANCED MULTIMODAL TRANSPORTATION SYSTEM WHICH WILL SUPPORT LAND USE PATTERNS AND ADEQUATELY SERVE EXISTING AND FUTURE RESIDENTIAL AND EMPLOYMENT GROWTH WITHIN THE POTENTIAL ANNEXATION AREA. Goal TR-1: Coordinate land use and transportation planning to meet the needs of the City and the requirements of the Growth Management Act. 7 Staff Report Country View Estates II #SU-95-5 Policv TR-1.2: Coordinate new commercial and residential T development in Kent with transportation projects to improve affected roadways. Policv TR-1.3: Fund development of the roads necessary for a ,complete arterial system serving all travel needs in the planning area (inside and outside the City) through fair share payments by new residential, commercial, and industrial development. Planning Department Comment: Under the Growth Management Act, the City must be able to provide the necessary infrastructure to support new development at the time it is completed. There are existing city sewer and water facilities available to serve the site, and the applicant purposes to build a 434.93 foot residential cul de sac to provide access. This will be a dedicated public right of way which is integrated into the existing road network. The City currently has several future corridor projects which are designed to provide better access between Kent's east hill, valley floor, and west hill areas. In addition, these corridors will help slow additional congestion on existing east- west arterials. Through the Sepa process, the applicant will be required to provide a traffic impact study to identify traffic impacts upon the City of Kent road network and traffic signal system caused by the proposed development, or execute an environmental mitigation agreement to financially participate and pay a fair share of the cost associated with the construction of the South 224th/228th Street Corridor project. The Public Works Department estimates that the proposed development will add an additional 13 PM peak hour trips. ECONOMIC DEVELOPMENT ELEMENT Goal ED-2: Maintain a strong policy toward balanced community development. Policv ED-2.1: Encourage home ownership to foster stakeholders in the community. 8 Staff Report Country View Estates II #SU-95-5 Policv ED-2.3: Encourage new housing development to locate closer to existing public services. Planning Department Comment The proposed preliminary ,plat will provide additional single family home ownership opportunities in the City of Kent. This can foster a sense of community in the neighborhood as well as stability. Locating new development near existing community services drastically reduces the amount of money necessary to provide those services, and therefore funds can be directed towards other projects. 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. The Subdivision Code calls for right-of-way widths for cul-de- sacs to be 50 feet and the proposal is in compliance with this requirement. All proposed sewers, water mains, and other utilities will comply with applicable City requirements. 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 R1-9.6, Single Family Residential, zoning district. All lots must also comply with solar access setback regulations and the tree preservation ordinance. 9 Staff Report Country View Estates II #SU-95-5 Planning Department Comment All proposed lots meet minimum lot size and width requirements. Development on the proposed lots also will have to meet solar setback requirements. The purpose of the solar access setback provision is to provide a reasonable amount of solar access to lots in the City,so that the economic value of solar radiation falling on those properties will be preserved and the option to use solar energy will be encouraged. Any structures built on the lots in a single family residential must maintain solar access to the adjacent lots to the north. Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. Each lot must front upon a public street or road. The size, shape, and orientation of lot shall meet the minimum area and width requirements of the R1 district and shall be appropriate for the development of single family residences. Comer lots may be required to be platted with additional width to allow for the additional side yard requirements. Lots which are bordered by two (2) streets shall be permitted access to only (1) of those streets. All lot corners at intersections of dedicated public rights of way shall have a minimum radii of fifteen (15) feet. D. PROPOSED FINDINGS The Planning Department has reviewed this application in relation to the Comprehensive Plan, proposed zoning, land use, street system, flood control problems and comments from other departments and finds that: 1. The Kent Comprehensive Plan Land Use Map designates the site SF 6, Single Family Residential, six units/acre maximum density. 2. The site is currently zoned R1-9.6, Single Family Residential, with 9,600 square foot minimum lot size. 3. Land uses in the immediate area are predominantly single family residential. 4. A Tentative Plat meeting was held for the proposed subdivision on February 4, 1993 (#TSU-93-1). 10 Staff Report Country View Estates II #tSU-95-5 5. A Mitigated Determination of Nonsignificance was issued for the plat on May 18, 1995. 6. There are significant trees of six inch or greater caliper located on the property. 7. The site has access to 100th Avenue SE. 8. The subject property would receive water and sewer service from the City of Kent. V. CITY STAFF RECOMMENDATION Upon review of the merits of this request and the Code criteria for granting a preliminary subdivision, staff recommends APPROVAL of the proposed Country View Estates H subdivision subject to the following conditions: A. PRIOR TO RECORDATION OF FINAL PLAT: 1. The subdivider shall execute an environmental mitic ation acreement to participate in, and pay a fair share of the construction costs of the City's South 224th/228th Street Corridor Project. The minimum benefit to the subdivider is estimated at $13,988 based upon 13 trips and the capacity of the South 224th/228th Street Corridor. The final benefit value will be based on the number of lots approved on the final plat map multiplied times $1,076 (in 1986 dollars) and as adjusted for inflation. 2. The subdivider shall dedicate all right of way necessary to construct Southeast 226th Street to City Standards for a Residential Street, 50 foot wide right of way, including a minimum 51.5 foot right of way radius in the turnaround, and 25 foot right of way radius for the curb returns at the intersection of Southeast 226th Street at 100th Avenue Southeast. 3. The subdivider shall dedicate a 3 foot wide strip across the entire subdivision frontage on 100th Avenue Southeast for the widening of 100th Avenue Southeast to City Standards for a Residential Collector Arterial augmented with bicycle lanes. 11 Staff Report Country View Estates II #SU-95-5 4. The subdivider shall provide engineering drawings for review and approval by the City, and either construct or bond for the following: a. A gravity sanitary sewer system to serve all lots. b. A water system meeting domestic and fire flow requirements for all lots. C. A storm drainage system meeting the Kent Standards for conveyance, detention, water quality treatment, etc. The minimum detention standard to be met for this project shall be that for Hillside development. d. A 32 foot wide paved roadway; concrete curbs and gutters; 5 foot wide concrete sidewalks along both sides of the plat street; street lighting; storm drainage; street channelization; utilities and appurtenances, and cul de sac turnaround on proposed SE 226th Place per City Standards. This shall include a minimum 50 foot right of way along the roadway and a 51.5 foot right of way radius in the cul de sac turnaround, (45 foot radius at the curb line), 35 foot radius curb returns (at curb Iine), with 5 foot sidewalks and utility strips, at the intersection of SE 226th Street at 100th Avenue SE. e. A half street widening and reconstruction of 100th Avenue SE across the entire subdivision frontage northerly to the imprownents constructed for County View Estates I to City Standards for a Residential collector Arterial roadway. The paved half street roadway width shall be 23 feet from centerline to face of curb and shall also include street lighting; 5 foot wide concrete sidewalks; landscaping, storm drainage; street channelization; utilities and appurtenances. These improvements shall also include sufficient pavement to provide a 12 foot wide southbound lane on the westerly side of the roadway centerline across the entire frontage of the subdivision; and minimum 25:1 pavement transitions to the existing edge of pavement to the north and south of the subdivision. 12 Staff Report Country View Estates II #SU-95-5 5. The subdivider shall dedicate all necessary public right of way for the improvements listed in Section A and provide all public and private easements necessary for the construction, operation, and maintenance of the required improvements identifies in Section A, above. 6. Comply with all applicable SEPA conditions (#ENV-96-16). B. PRIOR TO THE ISSUANCE OF A DEVELOPMENT PERMIT ON ANY LOT: 1. The subdivider shall construct the onsite improvements noted in Section A.4, above. C. PRIOR TO. OR IN CONJUNCTION WITH THE ISSUANCE OF ANY BUILDING PERMIT ON ANY LOT: 1. The subdivider shall construct the off-site improvements noted in Section A.4, above. 2. The subdivider/developer shall submit a detailed tree plan which shows the location of all significant trees of six inch caliper or greater. These trees should be shown in relationship to any proposed site improvements during grade and fill and proposed building footprints. 3. Development on all lots shall protect solar access to properties to the north of each lot according to the calculations identified in Kent Zoning Code section 15.08.234. 4. Lots within 200 feet downslope of properly with a 20 percent slope or greater are subject to the view regulations of the Kent Zoning Code section 15.08.060. KENT PLANNING DEPARTMENT July 11, 1995 c:su955.rpt 13 CITY OF CITY OF KENT KENT PLANNING DEPARTMENT - (206) 859-3390 STAFF REPORT FOR HEARING EXAMINER MEETING OF JULY 19, 1995 at 3:00 PM FILE NO: COUNTRY VIEW ESTATES II #SU-95-5 APPLICANT: Sharntock Development Corporation REQUEST: A request to subdivide approximately 3.65 acres of property into 13 single family residential lots. STAFF REPRESENTATIVE: Matthews Jackson, Planner STAFF RECOMMENDATION: APPROVAL with conditions I. GENERAL INFORMATION A. Description of the Proposal The applicant proposes to subdivide three existing tax parcels into 13 single family residential lots. The property is presently zoned R1-9.6, Single Family Residential, with a 9,600 square foot minimum lot size. B. Location The subject property is located at 22600 100th Avenue SE. C. Size of Property The subdivision proposal is approximately 3.65 acres in size. D. Zonina The subject property is zoned R1-9.6, Single Family Residential, with a 9,600 square foot minimum lot size. Properties in the vicinity of the site are also zoned single family residential. 1 Staff Report Country View Estates II #SU-95-5 E. Land Use The City of Kent Comprehensive Plan Land Use Map designates the property as SF 6, Single Family Residential, with a six dwelling unit per acre maximum density. There are two existing residences located on the subject property. The proposed preliminary plat will reconfigure lot lines to preserve these residences. All neighboring land uses are single family residential. Both the existing and proposed developments on the subject property are in compliance with the comprehensive plan. F. History The subject property was annexed to the City of Kent on February 2, 1987 as part of an 142 acre annexation. A Tentative Plat meeting was held on February 4, 1993 to discuss issues regarding this plat (#TSU-93-1). At this meeting the applicant was given preliminary conditions of approval for this plat. II. ENVIRONMENTAL CONSIDERATIONS A. Environmental Assessment A final Mitigated Determination of Nonsignificance (MDNS) (#ENV-95-16) for this preliminary plat was issued on May 18, 1995 subject to 11 conditions. A copy of the MDNS will be a part of the record for the preliminary plat. B. Significant Phvsical Features Topography and Vegetation The topography of the site is hillside with slopes ranging from 5% to 20%. There are several mature and significant deciduous and evergreen trees located on the site. The developer will have to submit a tree plan for Planning Department approval prior to development on any lot. 2 Staff Report Country View Estates II #SU-95-5 C. Significant Social Features 1. Street Svstem The subject property has access to 100th Avenue SE which is classified as a Residential Collector Arteria. The street has a public right of way width of 60 feet while the actual width of paving is 22 feet. The street is improved with lanes of asphalt paving. A widening strip will be required, as well as new left turn lanes. The average daily traffic count on the street is less than 2,500 vehicle trips per day. 2. Water System The site is served by an 8-inch water main. 3. Sanitary Sewer Svstem An existing 12-inch sanitary sewer is available to serve the property. 4. Stormwater Svstem A stormwater system is necessary to accommodate new development. The developer is required to construct an aboveground stormwater treatment system in accordance with Kent Construction Standards as a condition of the MDNS. The Public Works Department has the following additional comments regarding this application: 1. The proposed 15 feet drainage easement for bioswale may not be wide enough to meet the requirements of the Kent Construction Standards. 2. Condition number 2 of the DNS issued for#ENV-95-16 stated that an above-ground (not subsurface vault or tank) detention facility is required. In addition, the developer's design engineer has not yet proven that infiltration is infeasible, so the concept of the proposed detention vault is not approved. 3 Staff Report Country View Estates II #SU-95-5 3. As previously stated under the conditions for #ENV-95-16, this development will have to meet strict standards for water quality treatment. This requirement is not reflected on the submittal reviewed. These issues will deed to be worked out with the Public Works Department during the development process. 5. LIDs No Local Improvement Districts exist at this time. III. CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application: Director of Operations City Attorney Director of Public Works Chief of Police Parks & Recreation Director Fire Chief Building Official City Clerk Kent School District King County-Parks, Planning & Resource Department US West Communications Puget Sound Power and Light Seattle-King County Health Department Washington Natural Gas US Postal Service 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. IV. PLANNING DEPARTMENT REVIEW A. COMPREHENSIVE PLAN 4 Staff Report Country View Estates II #SU-95-5 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, , 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. KENT COMPREHENSIVE PLAN The City of Kent Comprehensive Plan is made up of eleven elements which contain written goals and policies as well as a land use map. The Kent Comprehensive Plan Land Use Map designates the project site as SF-6, Single Family Residential, six units per acre maximum. LAND USE ELEMENT The land use element outlines the proposed general distribution and location of various uses of land within the planning area. The land use element is designed to guide where and when development happens, as well as the character of Kent's development pattern. Goal LU-1: Designate an urban growth area and Potential Annexation Area which will define the City's planning area and projected city limits for the next 20 years. Policv LU-1.1: Provide enough land in the City's urban growth area to accommodate the level of household growth projected to occur in the next 20 years. Goal LU-8: The City of Kent adopts a 20 year housing target of 7,500 new dwelling units within the existing city limits. Coordinate with King County through an interlocal agreement on housing targets in the unincorporated area within Kent's Potential Annexation Area. Policv LU-8.1: Provide in the land use plan adequate land and densities to accommodate both city and county targets within the Potential Annexation Area. 5 Staff Report Country View Estates II #SU-95-5 Average net residential densities throughout the Potential Annexation Area should be at least four units per acre in order to adequately support urban services. Planning Department Comment: This proposed subdivision supports several of the goals and policies in the land use element. The development of close in vacant or underutilized properties prevents further urban sprawl on the edges of the planning area. In addition, infill development provides a much more efficient means of providing services and enhancing pedestrian opportunities. The overall density of this subdivision provides an acceptable level of net density to support urban services. One of the overall themes of the comprehensive plan is to provide a wide variety of housing types and opportunities to accommodate projected population growth without converting single family land to multifamily. Development of single family subdivisions on vacant single family land is supportive of this theme. HOUSING ELEMENT OVERALL GOAL: ENSURE OPPORTUNITIES FOR AFFORDABLE HOUSING AND AN APPROPRIATE LIVING ENVIRONMENT FOR KENT CITIZENS. Goal H-1: Promote healthy neighborhoods by providing a wide range of housing options throughout the community that are accessible to community and human services, employment opportunities, and transportation, and by being sensitive to the environmental impacts of development. Policv H-1.2: Guide new residential development into areas where community and human services and facilities are available, and in a manner which is compatible with the land use element. Policv H-1.7: Continue to utilize regulatory measures to control impacts of residential development on the environment and on water quality. Review these regulations periodically to assess 6 Staff Report Country View Estates II #SU-95-5 their overall effectiveness and their impact on housing cost and supply. Planning Department Comment This proposed subdivision supports the relevant goals and policies of the housing element. The proposed location is easily and well served by existing human services and facilities. The potential impacts of this project have been reviewed under the State Environmental Policy Act, and its impacts have been mitigated for through a conditional Determination of Nonsignificance. These impacts include, but are not limited to water quality and traffic. As mentioned elsewhere in this report, the proposed development is consistent with the land use element including the Land Use Plan Map. TRANSPORTATION ELEMENT OVERALL GOAL: PROVIDE FOR A BALANCED MULTIMODAL TRANSPORTATION SYSTEM WHICH WILL SUPPORT LAND USE PATTERNS AND ADEQUATELY SERVE EXISTING AND FUTURE RESIDENTIAL AND EMPLOYMENT GROWTH WITHIN THE POTENTIAL ANNEXATION AREA. Goal TR-1: Coordinate land use and transportation planning to meet the needs of the City and the requirements of the Growth Management Act. Policv TR-1.2: Coordinate new commercial and residential development in Kent with transportation projects to improve affected roadways. Policv TR-1.3: Fund development of the roads necessary for a complete arterial system serving all travel needs in the planning area (inside and outside the. City) through fair share payments by new residential, commercial, and industrial development. Planning Department Comment: Under the Growth Management Act, the City must be able to provide the necessary infrastructure to support new development at the time it is completed. 7 Staff Report Country View Estates II #SU-95-5 There are existing city sewer and water facilities available to serve the site, and the applicant purposes to build a 434.93 foot residential cul de sac to provide access. This will be a dedicated public right of way which is integrated into the existing road network. The City currently has several future corridor projects which are designed to provide better access between Kent's east hill, valley floor, and west hill areas. In addition, these corridors will help slow additional congestion on existing east- west arterials. Through the Sepa process, the applicant will be required to provide a traffic impact study to identify traffic impacts upon the City of Kent road network and traffic signal system caused by the proposed development, or execute an environmental mitigation agreement to financially participate and pay a fair share of the cost associated with the construction of the South 224th/228th Street Corridor project. The Public Works Department estimates that the proposed development will add an additional 13 PM peak hour trips. ECONOMIC DEVELOPMENT ELEMENT Goal ED-2: Maintain a strong policy toward balanced community development. Policv ED-2.1: Encourage home ownership to foster stakeholders in the community. Policv ED-2.3: Encourage new housing development to locate closer to existing public services. Planning D oartment Comment The proposed preliminary plat will provide additional single family home ownership opportunities in the City of Kent. This can foster a sense of community in the neighborhood as well as stability. Locating new development near existing community services drastically reduces the amount of money necessary to provide those services, and therefore funds can be directed towards other projects. 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, 8 Staff Report Country View Estates II #SU-95-5 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. The Subdivision Code calls for right-of-way widths for cul-de- sacs to be 50 feet and the proposal is in compliance with this requirement. All proposed sewers, water mains, and other utilities will comply with applicable City requirements. 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 R1-9.6, Single Family Residential, zoning district. All lots must also comply with solar access setback regulations and the tree preservation ordinance. Planning Department Comment All proposed lots meet minimum lot size and width requirements. Development on the proposed lots also will have to meet solar setback requirements. The purpose of the solar access setback provision is to provide a reasonable amount of solar access to lots in the City so that the economic value of solar radiation falling on those properties will be preserved and the option to use solar energy will be encouraged. Any structures built on the lots in a single family residential must maintain solar access to the adjacent lots to the north. Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. Each lot must front upon.a public street or road. The size, shape, and orientation of lot shall meet the minimum area and width requirements of the R1 district and shall be appropriate for the development of single family residences. Corner lots may be required to be platted with 9 Staff Report Country View Estates II #SU-95-5 additional width to allow for the additional side yard requirements. Lots which are bordered by two (2) streets shall be permitted access to only (1) of those streets. All lot comers at intersections of dedicated public rights of way shall have a minimum radii of fifteen (15) feet. D. PROPOSED FINDINGS The Planning Department has reviewed this application in relation to the Comprehensive Plan, proposed zoning, land use, street system, flood control problems and comments from other departments and finds that: 1. The Kent Comprehensive Plan Land Use Map designates the site SF 6, Single Family Residential, six units/acre maximum density. 2. The site is currently zoned R1-9.6, Single Family Residential, with 9,600 square foot minimum lot size. 3. Land uses in the immediate area are predominantly single family residential. 4. A Tentative Plat meeting was held for the proposed subdivision on February 4, 1993 (#TSU-93-1). 5. A Mitigated Determination of Nonsignificance was issued for the plat on May 18, 1995. 6. There are significant trees of six inch or greater caliper located on the property. 7. The site has access to 100th Avenue SE. 8. The subject property would receive water and sewer service from the City of Kent. V. CITY STAFF RECOMMENDATION Upon review of the merits of this request and the Code criteria for granting a preliminary subdivision, staff recommends APPROVAL of the proposed Country View Estates II subdivision subject to the following conditions: 10 Staff Report Country View Estates II #SU-95-5 A. PRIOR TO RECORDATION OF FINAL PLAT: 1. The subdivider shall execute an environmental mitigation agreement to participate in, and pay a fair share of the construction costs of the City's South 224th/228th Street Corridor Project. The minimum benefit to the subdivider is estimated at $13,988 based upon 13 trips and the capacity of the South 224th/228th Street Corridor. The final benefit value will be based on the number of lots approved on the final plat map multiplied times $1,076 (in 1986 dollars) and as adjusted for inflation. 2. The subdivider shall dedicate all right of way necessary to construct Southeast 226th Street to City Standards for a Residential Street, 50 foot wide right of way, including a minimum 51.5 foot right of way radius in the turnaround, and 25 foot right of way radius for the curb returns at the intersection of Southeast 226th Street at 100th Avenue Southeast. 3. The subdivider shall dedicate a 3 foot wide strip across the entire subdivision frontage, including Lots A, B, and C, on 100th Avenue Southeast for the widening of 100th Avenue Southeast to City Standards for a Residential Collector Arterial augmented with bicycle lanes. 4. The subdivider shall provide engineering drawings for review and approval by the City, and either construct or bond for the following: a. A gravity sanitary sewer system to serve all lots. b. A water system meeting domestic and fire flow requirements for all lots. C. A storm drainage system meeting the Kent Standards for conveyance, detention, water quality treatment, etc. The minimum detention standard to be met for this project shall be that for Hillside development. d. A 32-foot-wide paved roadway; concrete curbs and gutters; 5 foot wide concrete sidewalks along both sides of the plat street; street lighting; storm drainage; street channelization; utilities and appurtenances, and cul de sac turnaround on proposed SE 226th Place per City Standards. This shall include a minimum 50 foot 11 Staff Report Country View Estates II #SU-95-5 right of way along the roadway and a 51.5 foot right of way radius in the cul de sac turnaround, (45 foot radius at the curb line), 35 foot radius curb returns (at curb line), with 5 foot sidewalks and utility strips, at the intersection of SE 226th Street at 100th Avenue SE. e. A half street widening & reconstruction of 100th Avenue SE across the entire subdivision frontage, including Lots A, B, and C to City Standards for a Residential collector Arterial roadway, augmented with bicycle lanes. This widened street shall include the dedication of 3 feet of additional right of way across the same roadway frontage for the widening and improvement of the east side of 100th Avenue Southeast. The paved half street roadway width shall be 23 feet from centerline to face of curb and shall also include street lighting; 5 foot wide concrete sidewalks; landscaping, ,storm drainage; street channelization; utilities and appurtenances. These improvements shall also include sufficient pavement to provide a 12 foot wide southbound lane on the westerly side of the roadway centerline across the entire frontage of the subdivision; and minimum 25:1 pavement transitions to the existing edge of pavement to the north and south of the subdivision. In addition, the subdivider shall install "No Parking" signs across the entire subdivision frontage on 100th Avenue Southeast. Finally, these improvements shall include an overlay of the existing roadway pavement, as necessary, across the entire subdivision frontage (including Lots A, B, and C) to provide a 2% crown across the pavement; and, as necessary to meet City Standards for roadway pavement section for a Residential Collector Arterial roadway. f. The subdivider shall construct a 5 foot wide graded gravel walkway on the easterly side of 100th Avenue Southeast, from the southerly terminus of the improvements required by (e) above, to the existing concrete sidewalk near SE 228th Street. 12 Staff Report Country View Estates II #SU-95-5 In addition, the subdivider shall install "No Parking" signs across the entire subdivision frontage on 100th Avenue Southeast. Finally, these improvements shall include an overlay of the existing roadway pavement, as necessary, across the entire subdivision frontage per limits of paragraph one of Condition A.4.e. to provide a 2% crown across the pavement; and, as necessary to meet City Standards for roadway pavement section for a Residential Collector Arterial roadway. f. The subdivider shall construct a 5 foot wide graded gravel walkway on the easterly side of 100th Avenue Southeast, from the southerly terminus of the improvements required by (e) above, to the existing concrete sidewalk near SE 228th Street. 5. The subdivider shall dedicate all necessary public right of way for the improvements listed in Section A and provide all public and private easements necessary for the construction, operation, and maintenance of the required improvements identifies in Section A, above. 6. Comply with all applicable SEPA conditions (#ENV-96-16). B. PRIOR TO THE ISSUANCE OF A DEVELOPMENT PERMIT ON ANY LOT: 1. The subdivider shall construct the onsite improvements noted in Section A.4, above. C. PRIOR TO, OR IN CONJUNCTION WITH THE ISSUANCE OF ANY BUILDING PERMIT ON ANY LOT: 1. The subdivider shall construct the off-site improvements noted in Section A.4, above. 2. The subdivider/developer shall submit a detailed tree plan which shows the location of all significant trees of six inch caliper or greater. These trees should be shown in relationship to any proposed site improvements during grade and fill and proposed building footprints. 13 Staff Report Country View Estates II #SU-95-5 3. Development on all lots shall protect solar access to properties to the north of each lot according to the calculations identified in Kent Zoning Code section 15.08.234. 4. Lots within 200 feet downslope of property with a 20 percent slope or greater are subject to the view regulations of the Kent Zoning Code section 15.08.060. KENT PLANNING DEPARTMENT July 3, 1995 c:su955.rev 14 ;11111 Kent City Council Meeting Date July 16 , 1996 Category Other Business 1. SUBJECT: SWAN COURT PRELIMINARY PLAT SU-95-4 2 . SUMMARY STATEMENT: This date has been set to consider the Hearing Examiner' s recommendation for conditional approval of an application by Curtis LaPierre for a 16-lot single family residential preliminary subdivision. The property is located south of SE 240th Street between 112th Avenue SE and 114th Place SE if extended. 3 . EXHIBITS: Staff memo, Findings and Recommendations, staff report, and preliminary plat map 4. RECOMMENDED BY: Hearing Examiner (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember t ti/✓ moves, Councilmember,& _ seconds to accept/ he Findings of the Hearing Examiner and to adopt the Hearing Examiner's recom- mendation of approval with 25 conditions of the Swan Court Preliminary Plat 16-lot single family residential preliminary subdivision. DISCUSSION: ACTION• / k � Council Agenda Item No. 4D CITY OF 1 \,� Jim White, Mayor � 4^R.aa (206) 859-3390 MEMORANDUM July 16, 1996 MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: SWAN COURT PRELIMINARY PLAT #SU-95-4 On August 30, 1995 the Kent Hearing Examiner held a public hearing to consider a request by Curtis LaPierre for a 16-lot single family residential preliminary subdivision. The property is approximately 4.57 acres in size, and is located south of SE 240th Street between 112th Avenue SE and 114th Place SE if extended. On September 25, 1995 the Hearing Examiner recommended approval of this preliminary subdivision with the following conditions: A. PRIOR TO OR IN CONJUNCTION WITH RECORDATION OF FINAL PLAT: 1. The subdivider shall execute an environmental mitigation agreement to participate in, and pay a fair share of the construction costs of the City's South 272nd/277th Street Corridor Project. The minimum benefit to the subdivider is estimated at $16,020 based upon 15 trips and the capacity of the South 272nd/277th Street Corridor. The final benefit value will be based on the number of lots approved on the final plat map multiplied times $1,068 (in 1986 dollars) and as adjusted for inflation. 2. The subdivider shall waive abutter's access rights across the entire subdivision frontage of SE 240th Street. This access restriction condition shall be clearly stated and shown on the face of the subdivision map. 3. The subdivider shall submit a wetland delineation report to the Kent Public Works Department for review and approval prior to the issuance of any permits and any on-site work. The contents of this report shall conform to the requirements of Kent's Construction Standards, the Kent Wetland Management Code, and the 1987 Army Corps of Engineers delineation manual. The approved delineated wetland boundary shall be surveyed and marked with permanent monuments approved by the Department of Public Works. For this project that wetland delineation shall include all of that portion of the wetland directly west of the proposed subdivision. The report shall include a full size (22 inch by 36 inch or 24 inch by 36 inch) 1 �I 1III AVE do i KENT N& %SnIN(7T0%IMW-5xa:1 rel n11IONl= Fax 4�S'1-1334 Swan Court Place Preliminary Plat 9SU-95-4 July 16, 1996 wetland map prepared to scale by a licensed professional surveyor which shows the wetland boundary and the approved wetland buffers and the areas bf each. The report shall also specifically address hydrology and hydroperiod of the wetland and will provide controls to ensure that the wetland hydrology and hydroperiod shall not be significantly changed as a result of this development, particularly as it applies to the proposed sanitary sewer connection, but also as it applies to any other underground utility which may effect the wetland hydrology. 4. The subdivider shall submit t6 the Kent Public Works Department for review and approval a mitigation plan for any work within existing wetlands or wetland buffers in conformance to the City of Kent Wetlands Management Code. Any offsite mitigation will require approved easements and/or similar provisions for parcels within the same. The subdivider shall secure Army Corps of Engineers approval thereof if applicable. 5. The subdivider shall protect as a separate sensitive area tract in accordance with the Kent Wetland Management Code the approved and preserved, and/or enhanced or created wetland(s) and it's buffer(s). This tract shall be.consistent with the wetland map contained within the wetland delineation report and/or wetland mitigation plan as appropriate. The subdivider shall isolate from intrusion and/or disturbance, by usi either landscaping, or other appropriate screens, as well as an approved fence line and buffer areas thereof. 6. The subdivider shall place before, during, and after construction, fences and signs as approved by the Department of Public Works at the wetland buffer edge to protect the wetlands and their buffers, and to inform and educate owners and nearby residents about the value of wetlands. 7. For any enhanced and/or created wetlands the subdivider shall provide to the City a wetland mitigation bond in the amount of 125% of the estimated cost for construction and maintenance for at least three years, plus an additional 10% of the total cost to cover inflation and administrative review fees shall be posted by the applicant. 8. The subdivide shall submit detailed Excavation and Fill Plans, Temporary Drainage Plans, Temporary Erosion and Sediment Control Plans, and Stotmwater Drainage Plans in compliance to the Construction Standards to Public Works for review and approval. 9. The subdivider shall provide engineering drawings for review and approval by the City, and either construct or bond for the following: a. A gravity sanitary sewer system to serve all lots. Swan Court Place Preliminary Plat 4SU-95-4 July 16, 1996 b. A water system meeting domestic and fire flow requirements for all lots. c. A storm drainage system meeting the Kent Standards for convevance, detention/retendon, water quality treatment, etc. The minimum detention standard to be met for this project shall be that for Hillside development. It should be noted that the indicated tract for both wetland and stormwater is not large enough to meet the space requirements for both, and is inconsistent with the requirements of the Wetland Management Code. Further, because this' development directly discharges stormwater to a wetland and then to a portion of Upper Garrison Creek which has identified flood problems, the following stormwater requirements are applicable: 1. An infiltration system is the preferred detention/retention alternative an shall be required unless proven unfeasible by the applicant's design engineer. 2. The required downstream analysis for this development will include an analysis for both capacity and erosion potential from the point of discharge to 108th Avenue SE. Should capacity be insufficient to convey the release rate otherwise permitted by the-Construction Standards, the applicant shall either provide necessary offsite improvements OR further restrict the release rate of stormwater to ensure that the capacity of the existing creek and City storm drainage system will not be exceeded. Similarly, should the erosion problem be exacerbated by the proposed release conditions, then the applicant will have to further restrict the release of stormwater from this development. 3. Stormwater detention shall not occur within the wetland or wetland buffers with express approval of the City of Kent Public Works Department following a finding that the stormwater detention will not adversely impact the wetland area.. 4. The stormwater shall leave the subject parcel via an open conveyance system: direct piping of stormwater from the parcel the south terminus of 112th Avenue SE shall not be-permitted. 5. An above ground stormwater treatment system is required with the following options therefore listed in preferred order: infiltration after pretreatment (preferred); constructed wetland; wetpond; extended detention pond; biofiltration swale; or any combination of the above options acceptable to Public Works. Swan Court Place Preliminary Plat NSU-95-4 July 16, 1996 6. The conveyance system shall be sized to service the drainage basin and shall be extended to the eastern property line of__diis plat. �..' A 32-foot-wide paved roadway; concrete curbs and gutters; five foot wide concrete sidewalks along both sides of the plat street; street Iighting; storm drainage; street channelization; utilities and appurtenances, and cul de sac turnaround on proposed 113th Place SE'per City Standards. This shall include a minimum 49 foot right of way along the roadway an a minimum 51.5 foot (at right of way line--45 foot at curb line)radius curb returns, with 5 foot sidewalks on both sides and utility strips at the 'eyebrow' intersection southerly of Lot 16, and 35 foot radius curb returns at the intersection of SE 240th Street at 113th Place SE. These improvements shall include a conventional turnaround at the southerly terminus of 11Rh Place SE, or design alternative approved by the City Fire Marshal. The existing driveways on SE 240th Street shall-be-removed and replaced with City Standard curb, gutter, and sidewalk. 10. The subdivider shall dedicate all necessary public right of way for the improvements listed in Section "A" and provide all public and private easements necessary for the construction, operation, and maintenance of the required improvements identified in Section "A", above. 11. The subdivider shall develop and execute an agreement subject to review and approval by the Public Works Director to run with the property obligating and requiring all property owners within this subdivision to maintain, replace, and renew the landscape areas within the islands and pay all costs thereof. B. PRIOR TO THE ISSUANCE OF A DEVELOPMENT PERMIT ON_ANY LOT: 1. The subdivider shall construct the improvements noted in Section A. 9 a-d, above. 2. The subdivider/developer shall submit a detailed tree plan which shows the location of all significant trees of six inch caliper or greater. These trees should be shown in relationship to any proposed site improvements during grade and fill and proposed building footprints. 3. Development on all lots shall protect solar access to properties to the north of each lot according to the calculations identified in Kent Zoning Code section 15.08.234. 4 Lity of Kent - Planning Department W 1 eF 2 07H < r�ss i 15 16 s q ors-oral ee) l� 1 r} Y `," N E (5 2 p inrwwr.q)ar v � I �'.r• : aw o .c it .•]c r.a.n. 1 Q w � t1Lr..y).rq _ � r •r !,W t1t+R.Mr•v,r rM t. ,• 12 u•r+]•a r,]2 a I`-lI I - q Rr, urinn� L__ \ - ••or w lmq w-an d d ..a -___ • �Q fA .van.aev...a romr•e \ '.v„/ / 8 2 I Iv ••o•..�e.s.e..a r•o.rd _ Its i i.svi: Y i Y a•.c..n.e:.a n ru c ..r•n ` 10IT 1 ` �f)4VvrF.Uff4wr•/ ,4`�lsr \ • \ 'J� � f�j e_ •" ram__ ���._.- `t \�§ - �:�'.. \�\ d > t y 9� .� •b + 8.3 r i i 6 i fl�` ��-�RMs � )�rrt1�1• �IT CI \ ba rr PROPCIED CM-DE-SAC ROI D 7 pM '°` °'^•r .r 7 r '•ems ae.-. -� -r APPLICATION NAME: Swan Court NUMBER: #SU-95-4 DATE: August 30, 1995 REQUEST: Preliminary Plat LEGEND N Site Plan Application site CITY OF )��SV z5 CITY OF KENT OFFICE OF THE LAND USE HEARING EXAMINER ' (206) 859-3390 Theodore P. Hunter Hearing Examiner FINDINGS, CONCLUSIONS AND RECOMMENDATION FILE NO: SWAN COURT #SU-95-4 APPLICANT: Curtis LaPierre REQUEST: A request to subdivide approximately 4.57 acres of land into 16 single family residential lots. LOCATION: The property is located south of SE 240th Street between 1 12th Avenue SE and 114th Place SE if extended. APPLICATION FILED: June 14, 1995 DETERMINATION OF NONSIGNIFICANCE ISSUED: July 19, 1995 MEETING DATE: August 30, 1995 RECOMMENDATION ISSUED: September 25, 1995 RECOMMENDATION: APPROVAL with conditions STAFF REPRESENTATIVE: Fred N. Satterstrom, Planning Department Matthews Jackson, Planning Department Gary Gill, Public Works Department PUBLIC TESTIMONY: Curtis LaPierre, applicant Other W. J. Carey .' WRITTEN TESTIMONY: W. J. Carey EXHIBITS: 1 . Hearing Examiner file 2. Wetland Analysis Report prepared by B-Twelve Associates, Inc. for Swanson Homes 3. Letters (3) from W. J. Carey to City of Kent Public Works 1 Findings and Recommendation Swan Court #SU-95-4 4. Letter from Richard Chase, Water Quality Engineer, Kent Public Works to Hearing Examiner 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 owner of the property proposed for subdivision is Dan Swanson of Swanson Homes, Inc. in Issaquah, Washington. Exhibit 1, Application. The applicant was represented at the public hearing by Mr. Curtis LaPierre. 2. The property proposed for subdivision is located south of SE 240th Street between 1 12th Avenue SE and 1 14th Place SE, if extended. Exhibit 1, Staff Report. 3. The property is 4.57 acres in size. The applicant proposes sixteen single family lots with the smallest lot of 7,201 square feet. The applicant submitted a site plan dated June 12, 1995, that shows all lots in conformance with minimum lot size requirements. Exhibit 1, Site Plan. 4. The property is zoned R1-7.2, Single Family Residential with a 7,200 square foot minimum lot size. The Comprehensive Plan Land Use Map designates the property as SF 6, Single Family Residential with six dwelling units per acre. Exhibit 1, Staff Report. 5. Land use all around the property proposed for subdivision is single family residential. There is one residence now existing on the subject property. This residences will remain under the proposed plan. Exhibit 1, Staff Report. 6. There are several significant trees of 6-inch caliper or greater on the property. Many of these trees could be preserved to enhance the aesthetic value of the area as well as help control stormwater runoff and water quality. Exhibit 1, Staff Report. 7. The site would be accessed off of SE 240th Street, which is classified as a Minor Arterial with 19,800 vehicle trips per day. The traffic impacts from the proposed development would be 15 PM Peak Hour trips per day. Exhibit 1, 2 Findings and Recommendation Swan Court #SU-95-4 MDNS. This increase in number of vehicles will contribute to the congestion of SE 240th Street if no improvements are made to that arterial. Abutter's rights to SE 240th also must be restricted to help maintain traffic flow on that street. This should include the removal of existing driveways off of SE 240th Street. The applicant has agreed to mitigate traffic impacts associated with the proposed development. Testimony of Mr. Curtis LaPierre; Exhibit 1, MDNS (There was no appeal of this). 8. The City of Kent water system and sanitary sewer system can be extended to each lot. Stormwater mitigation measures were applied as conditions to the issuance of the Mitigated Determination of Nonsignificance. These mitigation measures have been agreed to by the applicant and will address stormwater quantity and quality issues. Testimony of Mr. Curtis LaPierre; Exhibit 1, MDNS (There was no appeal of this). 9. The environmental review for this application resulted in a conclusion by the City's Responsible Official that the project has no probable significant adverse impacts on the environment that cannot be mitigated. A final Mitigated Determination of Nonsignificance (MDNS) was issued for the proposed subdivision on July 19, 1995 pursuant to the State Environmental Policy Act. It was not appealed by the applicant or any citizen. The conditions of mitigation address several areas of environmental concern including traffic impacts, stormwater detention facilities, and dedication of land for utilities and streets. Exhibit 1, MDNS. 10. Public notice of this application was given by posting, publication and mailing. Exhibit 1, Affidavits of Harris and Holden. 11 . (a.) At the public hearing on August 30, the Planning Department recommended approval of this application subject to specific conditions. One citizen who lives near the proposed subdivision expressed concerns about the surface water runoff created by the development but stated that he was not speaking against the proposal. Testimony of Mr. W.J. Carey. In addition, the applicant's representative expressed some concerns about the recommended conditions related to availability of easements for off-site improvements, disturbance of wetland "boundaries" and the measurement of the 51 .5 foot radius curb returns. The Hearings Examiner also requested submittal of the wetland report to allow all present an opportunity to review and comment on it. Specifically, the Examiner requested a response from the City on the wetland delineation and proposed buffer reduction due to unspecified enhancements. At the hearing, the Public Works Department indicated it had not yet received the report (statement by Mr. Richard Chase). The record of the hearing was held open so that the report could be received and reviewed by the 3 Findings and Recommendation Swan Court #SU-95-4 City. The applicant provided a copy of the wetland report immediately following the public hearing. Exhibit 2. A written review was conducted by the City and received by the Examiner on September 6. Exhibit 4. The review suggested general agreement with the analysis in the report. However, the City has also stated that the indicated tract for both wetland and stormwater is not large enough to meet the space requirements for both. Exhibit 1, Staff Report, page 12. (b.) Mr. Gary Gill of the Kent Public Works Department responded to the concerns of the applicant and the public at the public hearing. He suggested that recommended condition 9(c) could be modified to allow greater flexibility in meeting the goal of no increase in off-site flow rate to the Garrison Creek drainage. He explained that the City is attempting to secure contracts to make improvements to the Garrison Creek drainage area but that it is uncertain when this will happen and, in any event, the planned improvements will not meet up with the subject property. Thus, some off-site improvements may be necessary. These improvements could include activities other than channel widening. (c.) Mr. Gill also explained that recommended condition 9(c)(3) is intended to read "wetland buffers" rather that "wetland boundaries" and that stormwater detention may be allowed in wetland buffers with the specific approval of the Public Works Department. (d.) Mr. Gill explained that an administrative variance is allowed from the stated radius improvement distance as provided in the last sentence of recommended condition 9(d). (e.) Mr. Gill stated that the City was aware of the problems with stormwater drainage associated with Garrison Creek and was actively working to resolve them. Testimony of Mr. Gary Gill. a CONCLUSIONS 1 . The Hearing Examiner has jurisdiction to hold a public hearing on this application; to consider all evidence presented at the public hearing; and, based on that evidence, to present a recommendation to the City Council to approve, disapprove or approve with conditions the preliminary plat application. KCC 12.04.360, KCC 2.32.090. 2. Notice of the public hearing on this application was properly given in accordance with applicable state statutes and city ordinances including Chapter 58.17 RCW and KCC 12.04.360. Finding of Fact No. 10. .4 Findings and Recommendation Swan Court #SU-95-4 3. The recommendation of the Hearing Examiner must be supported by the evidence presented, as stated in the Findings of Fact of this recommendation, and must be consistent with the standards and criteria for review specified in state statutes and city ordinances. The standards and criteria for review of preliminary plat applications are found in Chapter 12.04 of the Kent City Code (KCC) and Chapter 58.17 of the Revised Code of Washington (RCW). These review criteria include: (a) KCC 12.04.020 which provides that the purpose of the city's subdivision regulations is to: provide rules, regulations, requirements, and standards for subdividing land in the City of Kent, ensuring that the highest feasible quality in subdivision will be attained; that the public health, safety, general welfare, and aesthetics of the City of Kent shall be promoted and protected; that orderly growth, development, and the conservation, protection and proper use of land shall be ensured; that proper provisions for all public facilities (including circulation, utilities, and services) shall be made; that maximum advantage of site characteristics shall be taken into consideration; and that conformance with provisions set forth in the City of Kent Zoning Code and Kent Comprehensive Plans shall be ensured. (b) KCC 12.04.330 which specifies eight requirements that must be shown on the preliminary plat map including appropriate names and dates, proposed platted property lines, contours and elevations, proposed public service areas, square footage calculations for developed and open space, dimensions of each lot, statements of soil type and drainage conditions, a description of existing land cover, and a description of wildlife present. (c) KCC 12.04.370 which requires a written statement from the Seattle-King County health department as to the general adequacy of the proposed means of sewage disposal and water supply. (d) KCC 12.04.430 which provides for the protection of valuable, irreplaceable environmental amenities so that urban development may be as compatible as possible with the ecological balance of the area including preservation of drainage patterns, protection of ground water supply, prevention of erosion and preservation of trees and natural vegetation. (e) KCC 12.04.440 which specifies requirements for utilities including sanitary sewers, a proper drainage plan and a proper water distribution system. 5 Findings and Recommendation Swan Court #SU-95-4 (f) KCC 12.04.450 which requires due consideration to the allocation of public service usage areas and due regard for all natural features including large trees, water courses, historical spots and other community assets that would add attractiveness and value to the property. (g) KCC 12.04.490 which provides for mitigation of any adverse effects of development upon the existing park and recreational facilities in the City of Kent. (h) RCW 58.17.1 10 which requires an inquiry into the public use and interest proposed to be served by the subdivision and a determination "that appropriate provisions are made for public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school." 5. Based on the Findings of Fact specified above, and with the specific modifications and conditions recommended below, the Examiner concludes that this preliminary plat application is consistent with the standards and criteria of applicable state statutes and city ordinances and should be approved. Findings of Fact No. 3,4,5,6,7,8,9, 11. 6. Council review of this application should pay special attention to the provisions made for stormwater detention and surface water runoff as it affects the wetland area. Specifically, it has been noted by the City that the tract set aside for wetland buffer and stormwater detention may not be large enough. This may require that Lot 9 be removed as a buildable lot and added to the stormwater detention/wetland buffer tract. This issue should be more specifically addressed prior to final approval of the plat design. Although the Hearings Examiner attempted to do this, the response by the Water Quality Engineer of the City was insufficient to make a final determination on the suitability of buffer reduction and use of the wetland buffer for stormwater detention. If the buffer area cannot be reduced, it may be necessary to utilize area in Lot 9 for stormwater detention purposes. If so, and if Lot 9 then falls below the required minimum lot size of 7,200 square feet, the lot should not be shown on the plat map as a buildable lot. RECOMMENDATION The Hearing Examiner recommends that this preliminary plat application be APPROVED subject to the following conditions: 6 Findings and Recommendation Swan Court #SU-95-4 A. PRIOR TOR CORDATION OF FINAL PLAT: 1. The subdivider shall execute an environmental mitigation agreement to participate in, and pay a fair share of the construction costs of the City's South 272nd/277th Street Corridor Project. The minimum benefit to the subdivider is estimated at $16,020 based upon 15 trips and the capacity of the South 272nd/277th Street Corridor. The final benefit value will be based on the number of lots approved on the final plat map multiplied times $1,068 (in 1986 dollars) and as adjusted for inflation. 2. The subdivider shall waive abutter's access rights across the entire subdivision frontage of SE 240th Street. This access restriction condition shall be clearly stated and shown on the face of the subdivision map. 3. The subdivider shall submit a wetland delineation report to the Kent Public Works Department for review and approval prior to the issuance of any permits and any on-site work. The contents of this report shall conform to the requirements of Kent's Construction Standards, the Kent Wetland Management Code, and the 1987 Army Corps of Engineers delineation manual. The approved delineated wetland boundary shall be surveyed and marked with permanent monuments approved by the Department of Public Works. For this project that wetland delineation shall include all of that portion of the wetland directly west of the proposed subdivision. The report shall include a full size (22 inch by 36 inch or 24 inch by 36 inch) wetland map prepared to scale by a licensed professional surveyor which shows the wetland boundary and the approved wetland buffers and the areas of each. The report shall also specifically address hydrology and hydroperiod of the wetland and will provide controls to ensure that the wetland hydrology and hydroperiod shall not be significantly changed as a result of this development, particularly as it applies to the proposed sanitary sewer connection, but also as it applies to any other underground utility which may effect the wetland hydrology. 4. The subdivider shall submit to the Kent Public Works Department for review and approval a mitigation plan for any work within existing wetlands or wetland buffers in conformance to the City of Kent Wetlands Management Code. Any offsite mitigation will require approved easements and/or similar provisions for parcels within the same. The subdivider shall secure Army Corps of Engineers approval thereof if applicable. 5. The subdivider shall protect as a separate sensitive area tract in accordance with the Kent Wetland Management Code the approved and preserved, and/or enhanced or created wetland(s) and it's buffer(s). This tract shall be.consistent with the wetland map contained within the wetland delineation report and/or wetland mitigation plan as appropriate. The subdivider shall isolate from intrusion and/or 7 Findings and Recommendation Swan Court #S U-95-4 disturbance, by using either landscaping, or other appropriate screens, as well as an approved fence line and buffer areas thereof. 6. The subdivider shall place before, during, and after construction, fences and signs as approved by the Department of Public Works at the wetland buffer edge to protect the wetlands and their buffers, and to inform and educate owners and nearby residents about the value of wetlands. 7. For any enhanced and/or created wetlands the subdivider shall provide to the City a wetland mitigation bond in the amount of 125% of the estimated cost for construction and maintenance for at least three years, plus an additional 10% of the total cost to cover inflation and administrative review fees shall be posted by the applicant. 8. The subdivide shall submit detailed Excavation and Fill Plans, Temporary Drainage Plans, Temporary Erosion and Sediment Control Plans, and Storinwater Drainage Plans in compliance to the Construction Standards to Public Works for review and approval. 9. The subdivider shall provide engineering drawings for review and approval by the City, and either construct or bond for the following: a. A gravity sanitary sewer system to serve all lots. b. A water system meeting domestic and fire flow requirements for all lots. C. A storm drainage system meeting the Kent Standards for conveyance, detention/retention, water quality treatment, etc. The minimum detention standard to be met for this project shall be that for Hillside development. It should be noted that the indicated tract for both wetland and stormwater is not large enough to meet the space requirements for both, and is inconsistent with the requirements of the Wetland Management Code. Further, because this development directly discharges stormwater to a wetland and then to a portion of Upper Garrison Creek which has identified flood problems, the following stormwater requirements are applicable: 1• An infiltration system is the preferred detention/retention alternative an shall be required unless proven unfeasible by the applicant's - - design engineer. 2. The required downstream analysis for this development will include an analysis for both capacity and erosion potential from the point of discharge to 108th Avenue SE. Should capacity be insufficient to 8 Findings and Recommendation Swan Court #SU-95-4 convey the release rate otherwise permitted by the Construction Standards, the applicant shall either provide necessary offsite improvements OR further restrict the release rate of stormwater to ensure that the capacity of the existing creek and City storm drainage system will not be exceeded. Similarly, should the erosion problem be exacerbated by the proposed release conditions, then the applicant will have to further restrict the release of stormwater from this development. 3. Stormwater detention shall not occur within the wetland or wetland buffers with express approval of the City of Kent Public Works Department following a finding that the stormwater detention will not adversely impact the wetland area.. 4. The stormwater shall leave the subject parcel via an open conveyance system: direct piping of stormwater from the parcel the south terminus of 112th Avenue SE shall not be permitted. 5. An above ground stormwater treatment system is required with the following options therefore listed in preferred order: infiltration after pretreatment (preferred); constructed wetland; wetpond; extended detention pond; biofiltration swale; or any combination of the above options acceptable to Public Works. 6. The conveyance system shall be sized to service the drainage basin and shall be extended to the eastern property line of this plat. A 32-foot-wide paved roadway; concrete curbs and gutters; five foot wide concrete sidewalks along both sides of the plat street; street lighting; storm drainage; street channelization; utilities and appurtenances, and cul de sac turnaround on proposed 113th Place SE per City Standards. This shall include a minimum 49 foot right of way along the roadway an a minimum 51.5 foot (at right of way line-45 foot at curb line)radius curb returns, with 5 foot sidewalks on both sides and utility strips at the 'eyebrow' intersection southerly of Lot 16, and 35 foot radius curb returns at the intersection of SE 240th Street at 113th Place SE. These improvements shall include a conventional turnaround at the southerly terminus of 113th Place SE, or design alternative approved by the City Fire Marshal. 9 Findings and Recommendation Swan Court #SU-95-4 The existing driveways on SE 240th Street shall be removed and replaced with City Standard curb, gutter, and sidewalk. 10. The subdivider shall dedicate all necessary public right of way for the improvements listed in Section "A" and provide all public and private easements necessary for the construction, operation, and maintenance of the required improvements identified in Section "A", above. 11. The subdivider shall develop and execute an agreement subject to review and approval by the Public Works Director to run with the property obligating and requiring all property owners within this subdivision to maintain, replace, and renew the landscape areas within the islands and pay all costs thereof. B. PRIOR TO THE ISSUANCE OF A DEVELOPMENT PERMIT ON ANY LOT: 1. The subdivider shall construct the improvements noted in Section A. 9 a-d, above. 2. The subdivider/developer shall submit a detailed tree plan which shows the location of all significant trees of six inch caliper or greater. These trees should be shown in relationship to any proposed site improvements during grade and fill and proposed building footprints. 3. Development on all lots shall protect solar access to properties to the north of each lot according to the calculations identified in Kent Zoning Code section 15.08.234. Dated this 25th day of September, 1995 THEODORE PAUL HUNTER Hearing Examiner 10 Findings and Recommendation Swan Court #SU-95-4 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. There is no appeal of the Hearing Examiner's recommendation to the City Council. The City Council shall consider the recommendation at a regularly scheduled public meeting within 30 days. c:su954.fin 11 CITY OF CITY OF KENT _ KENT PLANNING DEPARTMENT (206) 859-3390 STAFF REPORT FOR HEARING EXAMINER MEETING OF AUGUST 30, 1995 FILE NO: SWAN COURT #SU-95-4 APPLICANT: Curtis Lapierre, Dowl Engineers RE UEST: A request to subdivide approximately 4.57 acres of land into 16 single family residential lots. STAFF REPRESENTATIVE: Matthews Jackson, Planner STAFF RECOMMENDATION: APPROVAL with conditions L GENERAL INFORMATION A. Description of the Proposal The applicant proposes to subdivide one existing tax parcel into 16 single family residential lots. The property is presently zoned R1-7.2, Single Family Residential, with a 7,200 square foot minimum lot size. B. Location The subject property is located south of SE 240th Street between 112th Ave SE and 114th Place SE if extended. C. Size of Propertv The proposed subdivision is approximately 4.57 acres in size. D. Zoning The subject property is zoned R1-7.2, Single Family Residential, with a 7,200 square foot minimum lot size. Properties in the general vicinity of the site are 1 Staff Report Swan Court #SU-95-4 zoned single family residential, multifamily residential, and community commercial. E. Land Use The City of Kent Comprehensive Plan Land Use Map designates the property as SF 6, Single Family Residential, with a six dwelling unit per acre maximum density. There is one existing residence located on the subject property. The proposed preliminary plat will reconfigure lot lines to preserve this residence. Adjacent land uses are single family residential. Both the existing and proposed developments on the subject property are in compliance with the comprehensive plan. F. History The subject property was annexed to the City of Kent on April 17, 1984 as part of Ordinance #2467. A Tentative Plat meeting was held on May 25, 1995 to discuss issues regarding this plat (#TSU-95-4). At this meeting the applicant was given preliminary conditions of approval for this plat. II. ENVIRONMENTAL CONSIDERATIONS A. Environmental Assessment A final Mitigated Determination of Nonsignificance (MDNS) (#ENV-95-37) for this preliminary plat was issued on July 19, 1995 subject to 22 conditions. A copy of the MDNS will be a part of the record for the preliminary plat. B. Significant Physical Features Topography and Vegetation The subject property is characterized by rolling terrain. Slopes are generally less than 10 percent with the steepest slope estimated bt 18 percent by the applicant. There are several mature and significant deciduous and evergreen trees located on the site. The developer will have to submit a tree plan for Planning Department approval prior to development on any lot. 2 Staff Report Swan Court #SU-95-4 C. Sienificant Social Features 1. Street Svstem The subject property has access to SE 240th Street which is classified as a Minor Arterial. The street has a public right of way width of 78 feet while the actual width of paving is 58 feet. The street is improved with lanes of asphalt paving, curb and gutter, stormwater drainage, sidewalks, and street lighting. A widening strip will be required to be deeded to the City. The average daily traffic count on the street is 19,800 vehicle trips per day. 2. Water System The site is served by an 12-inch water main. 3. Sanitary Sewer System An existing 8-inch sanitary sewer is available from 112th Ave SE to serve the property. 4. Stormwater System A stormwater system is necessary to accommodate new development. The developer is required to construct an aboveground stormwater treatment system in accordance with Kent Construction Standards as a condition of the MDNS. 5. LIDs LID 331: James Street Imptovements III. CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application: Director of Operations City Attorney Director of Public Works Chief of Police Parks & Recreation Director Fire Chief 3 Staff Report Swan Court #SU-95-4 Building Official City Clerk Kent School District King County-Parks, Planning & Resource Department US West Communications Puget Sound Power and Light Seattle-King County Health Department Washington Natural Gas US Postal Service 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. 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, , 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. KENT COMPREHENSIVE PLAN The City of Kent Comprehensive plan is made up of eleven elements which contain written goals and policies as well as a land use map. The Kent Comprehensive Plan Land Use Map designates the project site as SF-6, Single Family Residential, six units per acre maximum. LAND USE ELEMENT The land use element outlines the proposed general distribution and location of various uses of land within the planning area. The land use element is designed 4 Staff Report Swan Court #SU-95-4 to guide where and when development happens, as well as the character of Kent's development pattern. Goal LU-1: Designate an urban growth area and Potential Annexation Area which will define the City's planning area and projected city limits for the next 20 years. Policy LU-1.1: Provide enough land in the City's urban growth area to accommodate the level of household growth projected to occur in the next 20 years. Goal LU-8: The City of Kent adopts a 20 year housing target of 7,500 new dwelling units within the existing city limits. Coordinate with King County through an interlocal agreement on housing targets in the unincorporated area within Kent's Potential Annexation Area. Policv LU-8.1: Provide in the land use plan adequate land and densities to accommodate both city and county targets within the Potential Annexation Area. Average net residential densities throughout the Potential Annexation Area should be at least four units per acre in order to adequately support urban services. Planning Department Comment: This proposed subdivision supports several of the goals and policies in the land use element. The proposed development is located near existing urban services and development. The City supports the development of close in vacant or underutilized properties which limits further urban sprawl on the edges of the planning area. In addition, infill development provides a much more efficient means of providing services and enhancing pedestrian opportunities. The overall density of this subdivision provides an acceptable level of net density to support urban services. One of the overall themes of the comprehensive plan is to provide a wide variety of housing types and opportunities to accommodate projected population growth without converting single family land to multifamily. Development of single family subdivisions on vacant single family land is supportive of this theme. . 5 Staff Report Swan Court #SU-95-4 HOUSING ELEMENT OVERALL GOAL: ENSURE OPPORTUNITIES FOR AFFORDABLE HOUSING AND AN APPROPRIATE LIVING ENVIRONMENT FOR KENT CITIZENS. Goal H-1: Promote healthy neighborhoods by providing a wide range of housing options throughout the community that are accessible to community and human services, employment opportunities, and transportation, and by being sensitive to the environmental impacts of development. Policy H-1.2: Guide new residential development into areas where community and human services and facilities are available, and in a manner which is compatible with the land use element. Policy H-1.7: Continue to utilize regulatory measures to control impacts of residential development on the environment and on water quality. Review these regulations periodically to assess their overall effectiveness and their impact on housing cost and supply. Plannine Department Comment This proposed subdivision supports the relevant goals and policies of the housing element. The proposed location is easily and well served by existing human services and facilities. The potential impacts of this project have been reviewed under the State Environmental Policy Act, and its impacts have been mitigated for through a conditional Determination of Nonsignificance #ENV-95-37. These impacts include, but are not limited,to water quality and traffic. As mentioned elsewhere in this report, the proposed development is consistent with the land use element including the Land Use Plan Map. TRANSPORTATION ELEMENT OVERALL GOAL: PROVIDE FOR A BALANCED MULTIMODAL TRANSPORTATION SYSTEM WHICH WILL SUPPORT LAND USE PATTERNS AND ADEQUATELY SERVE EXISTING AND FUTURE 6 Staff Report Swan Court #SU-95-4 RESIDENTIAL AND EMPLOYMENT GROWTH WITHIN THE POTENTIAL ANNEXATION AREA. Goal TR-1: Coordinate land use and transportation planning to meet the needs of the City and the requirements of the Growth Management Act. Policy TR4.2: Coordinate new commercial and residential development in Kent with transportation projects to improve affected roadways. Policy TR-1.3: Fund development of the roads necessary for a complete arterial system serving all travel needs in the planning area (inside and outside the City) through fair share payments by new residential, commercial, and industrial development. Planning Department Comment: Under the Growth Management Act, the City must be able to provide the necessary infrastructure to support new development at the time it is completed. There are existing city sewer and water facilities available to serve the site, and the applicant purposes to build a residential cul de sac to provide access. This will be a dedicated public right of way which is integrated into the existing road network. The City currently has several future corridor projects which are designed to provide better access between Kent's east hill, valley floor, and west hill areas. In addition, these corridors will help slow additional congestion on existing east- west arterials. Through the SEPA process, the applicant will be required to provide a traffic impact study to identify traffic impacts upon the City of Kent road network and traffic signal system caused by the proposed development, or execute an environmental mitigation agreement to financially participate and pay a fair share of the cost associated with the construction of the'South 272nd/277th Street Corridor project. The Public Works Department estimates that the proposed development will add an additional 15 PM peak hour trips. ECONOMIC DEVELOPMENT ELEMENT Goal ED-2: Maintain a strong policy toward balanced community development. 7 Staff Report Swan Court #SU-95-4 Policy ED-2.1: Encourage home ownership to foster stakeholders in the community. Policy ED-2.3: Encourage new housing development to locate closer to existing public services. Plannina Department Comment The proposed preliminary plat will provide additional single family home ownership opportunities in the City of Kent. This can help foster a sense of community in the neighborhood as well as stability. Locating new development near existing community services drastically reduces the amount of money necessary to provide those services, and therefore funds can be directed towards other projects. 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. The Subdivision Code calls for right-of-way widths for cul-de- sacs to be 50 feet and the proposal is in compliance with this requirement. All proposed sewers, water mains, and other utilities will comply with applicable City requirements. 8 Staff Report Swan Court #SU-95-4 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 must also comply with solar access setback regulations and the tree preservation ordinance. Planning Department Comment All proposed lots meet minimum lot size and width requirements. Development on the proposed lots will have to meet solar setback requirements. The purpose of the solar access setback provision is to provide a reasonable amount of solar access to lots in the City so that the economic value of solar radiation falling on those properties will be preserved and the option to use solar energy will be encouraged. Any structures built on the lots in a single family residential must maintain solar access to the adjacent lots to the north. Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. Each lot must front upon a public street or road. The size, shape, and orientation of lot shall meet the minimum area and width requirements of the R1 district and shall be appropriate for the development of single family residences. Corner lots may be required to be platted with additional width to allow for the additional side yard requirements. Lots which are bordered by two (2) streets shall be permitted access to only (1) of those streets. All lot comers at intersections of dedicated public rights of way shall have a minimum radii of fifteen (15) feet. D. PROPOSED FINDINGS The Planning Department has reviewed this application in relation to the Comprehensive Plan, proposed zoning, land use, street system, flood control problems and comments from other departments and finds that: 1. The Kent Comprehensive Plan Land Use Map designates the site SF 6, Single Family Residential, six units/acre maximum density. 2. The site is currently zoned R1-7.2, Single Family Residential, with 7,200 square foot minimum lot size. 9 Staff Report Swan Court ##SU-95-4 3. Land uses in the immediate area are a mixture of single family residential, multifamily residential, and commercial. 4. A Tentative PIat meeting was held for the proposed subdivision on May 25, 1995 (#iTSU-95-4). 5. A Mitigated Determination of Nonsignificance was issued for the plat on July 19, 1995. 6. There are significant trees of six inch or greater caliper located on the property. 7. The site has access to SE 240th Street. 8. The subject property would receive water and sewer service from the City of Kent. V. CITY STAFF RECOMMENDATION Upon review of the merits of this request and the Code criteria for granting a preliminary subdivision, staff recommends APPROVAL of the proposed Swan Court subdivision subject to the following conditions: A. PRIOR TO RECORDATION OF FINAL PLAT: 1. The subdivider shall execute an environmental mitigation agreement to participate in, and pay a fair share of the construction costs of the City's South 272nd/277th Street Corridor Project. The minimum benefit to the subdivider is estimated at $16,020 based upon 15 trips and the capacity of the South 272nd/277th Street Corridor. The final benefit value will be based on the number of lotq approved on the final plat map multiplied times $1,068 (in 1986 dollars) and as adjusted for inflation. 2. The subdivider shall waive abutter's access rights across the entire subdivision frontage of SE 240th Street. This access restriction condition shall be clearly stated and shown on the face of the subdivision map. 3. The subdivider shall submit a wetland delineation report to the Kent Public Works Department for review and approval prior to the issuance 10 Staff Report Swan Court #S U-95-4 of any permits and any onsite work. The contents of this report shall conform to the requirements of Kent's Construction Standards, the Kent Wetland Management Code, and the 1987 Army Corps of Engineers delineation manual. The approved delineated wetland boundary shall be surveyed and marked with permanent monuments approved by the Department of Public Works. For this project that wetland delineation shall include all of that portion of the wetland directly west of the proposed subdivision. The report shall include a full size (22 inch by 36 inch or 24 inch by 36 inch) wetland map prepared to scale by a licensed professional surveyor which shows the wetland boundary and the approved wetland buffers and the areas of each. The report shall also specifically address hydrology and hydroperiod of the wetland and will provide controls to ensure that the wetland hydrology and hydroperiod shall not be significantly changed as a result of this development, particularly as it applies to the proposed sanitary sewer connection, but also as it applies to any other underground utility which may effect the wetland hydrology. 4. The subdivider shall submit to the Kent Public Works Department for review and approval a mitigation plan for any work within existing wetlands or wetland buffers in conformance to the City of Kent Wetlands Management Code. Any offsite mitigation will require approved easements and/or similar provisions for parcels within the same. The subdivider shall secure Army Corps of Engineers approval thereof if applicable. 5. The subdivider shall protect as a separate sensitive area tract in accordance with the Kent Wetland Management Code the approved and preserved, and/or enhanced or created wetland(s) and it's buffer(s). This tract shall be consistent with the wetland map contained within the wetland delineation report and/or wetland mitigation plan as appropriate. The subdivider shall isolate from,intrusion and/or disturbance, by using either landscaping, or other appropriate screens, as well as an approved fence line and buffer areas thereof. 6. The subdivider shall place before, during, and after construction, fences and signs as approved by the Department of Public Works at the wetland buffer edge to protect the wetlands and their buffers, and to inform and educate owners and nearby residents about the value of wetlands. 11 Staff Report Swan Court #SU-95-4 7. For any enhanced and/or created wetlands the subdivider shall provide to the City a wetland mitigation bond in the amount of 125% of the estimated cost for construction and maintenance for at least three years, plus an additional 10% of the total cost to cover inflation and administrative review fees shall be posted by the applicant. 8. The subdivide shall submit detailed Excavation and Fill Plans, Temporary Drainage Plans, Temporary Erosion and Sediment Control Plans, and Stormwater Drainage Plans in compliance to the Construction Standards to Public Works for review and approval. 9. The subdivider shall provide engineering drawings for review and approval by the City, and either construct or bond for the following: a. A gravity sanitary sewer system to serve all lots. b. A water system meeting domestic and fire flow requirements for all lots. C. A storm drainage system meeting the Kent Standards for conveyance, detention/retention, water quality treatment, etc. The minimum detention standard to be met for this project shall be that for Hillside development. It should be noted that the indicated tract for both wetland and stormwater is not large enough to meet the space requirements for both, and is inconsistent with the requirements of the Wetland Management Code. Further, because this development directly discharges stormwater to a wetland and then to a portion of Upper Garrison Creek which has identified flood problems, the following stormwater requirements are applicable: 1. An infiltration system is the preferred detention/retention alternative an shall be required unless proven unfeasible by the applicant's design engineer. 2. The required downstream analysis for this development will include an analysis for both capacity and erosion potential from the point of discharge to 108th Avenue SE. Should capacity be insufficient to convey the release rate otherwise 12 Staff Report Swan Court #SU-95-4 permitted by the Construction Standards, the applicant shall either provide necessary offsite improvements (and easements where necessary), OR further restrict the release rate of stormwater to ensure that the capacity of the existing creek and City storm drainage system will not be exceeded. Similarly, should the erosion problem be exacerbated by the proposed release conditions, then the applicant will have to further restrict the release of stormwater from this development. 3. Stormwater detention shall not occur within the wetland or wetland boundaries. 4. The stormwater shall leave the subject parcel via an open conveyance system: direct piping of stormwater from the parcel the south terminus of 112th Avenue SE shall not be permitted. 5. An above ground stormwater treatment system is required with the following options therefore listed in preferred order: infiltration wafter pretreatment (preferred); constructed wetland; wetpond; extended detention pond; biofiltration swale; or any combination of the above options acceptable to Public Works. 6. The conveyance system shall be sized to service the drainage basin and shall be extended to the eastern property line of this plat. d. A 32 foot wide paved roadway; concrete curbs and gutters; five foot wide concrete sidewalks along both sides of the plat street; street lighting; storm drainage; street channelization; utilities and appurtenances, and cul de sac turnaround on proposed 113th Place SE, per City Standards. This shall include a minimum 49 foot right of way along the roadway an a minimum 51.5 foot (at right of way line--45 foot at curb line)radius curb returns, with 5 foot sidewalks on both sides and utility strips at the 'eyebrow' intersection southerly of Lot 16, and 35 foot radius curb returns at the intersection of SE 240th Street at 113th Place SE. 13 Staff Report Swan Court #SU-95-4 These improvements shall include a conventional turnaround at the southerly terminus of 113th Place SE, or design alternative approved by the City Fire Marshal. The existing driveways on SE 240th Street shall be removed and replaced with City Standard curb, gutter, and sidewalk. 10. The subdivider shall dedicate all necessary public right of way for the improvements listed in Section "A" and provide all public and private easements necessary for the construction, operation, and maintenance of the required improvements identified in Section "A", above. 11. The subdivider shall develop and execute an agreement subject to review and approval by the Public Works Director to run with the property obligating and requiring all property owners within this subdivision to maintain, replace, and renew the landscape areas within the islands and pay all costs thereof. B. PRIOR TO THE ISSUANCE OF A DEVELOPMENT PERMIT ON ANY LOT: 1. The subdivider shall construct the improvements noted in Section A. 9 a- d, above. 2. The subdivider/developer shall submit a detailed tree plan which shows the location of all significant trees of six inch caliper or greater. These trees should be shown in relationship to any proposed site improvements during grade and fill and proposed building footprints. 3. Development on all lots shall protect solar access to properties to the north of each lot according to the calculations identified in Kent Zoning Code section 15.08.234. KENT PLANNING DEPARTMENT August 22, 1995 c:su954.rpt 14 Kent City Council Meeting Date July 16. 1996 Category Bids 1. SUBJECT: INSTALLATION OF MILL CREEK BOX CULVERTS 2 . SUMMARY STATEMENT: Bid opening was held on Wednesday, June 26th with 5 bids received. The low bid was submitted by Tri-State Construction of Bellevue, in the amount of $701, 937. 00. The Engineer' s estimate was $777 , 875. 00. The project consists of installing box culverts in three locations to help alleviate flooding along Mill Creek and Central Avenue. It is the recommendation of the Public Works Director that the Installation of Mill Creek Box Culverts contract be awarded to Tri-State Construction for the bid amount of $701, 937 . 00. 3 . EXHIBITS: Public Works Director memorandum and vicinity map 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES 6. EXPENDITURE REQUIRED: $701, 937 . 00 SOURCE OF FUNDS: Mill Creek Erosion Fund (#D18) 7 . CITY COUNCIL ACTION: Councilmember ff MTmoves, Councilmember_ seconds that the installation of the Mill Creek Box Culverts contract be awarded to Tri-State Construction for the bid amount of $701, 937 . 00. DISCUSSION• ACTION. �ln Council Agenda Item No. 5A DEPARTMENT OF PUBLIC WORKS July 16, 1996 TO: Mayor &City Council FROM: Don Wickstrom RE: Installation of Mill Creek Box Culverts Bid opening for this project was held on June 26th with five bids received. The low bid was submitted by Tri-State Construction in the amount of $701,937.00. The Engineer's estimate is $777,875.00. It is the recommendation of the Public Works Director that the Installation of Mill Creek Box Culverts contract be awarded to Tri-State Construction for the bid amount of $701,937.00. BID SUMMARY Tri-State Construction $701,937.00 Frank Coluccio Construction $783,405.00 Gary Merlino Construction $807,197.00 R W. Scott Construction $869,459.00 Aurora Engineering $915,430.00 Engineer's Estimate $777,875.00 MOTION: Councilmember moves, Councilmember seconds that the Installation of Mill Creek Box Culverts contract be awarded to Tri-State Construction for the bid amount of $701,937.00. W a I � i.212TFi_.ST__ 1 S 2L H ST > i l 3 2161`11 ST i l ti i S 216TH ST rn `1 \ x VI $ 218TH S 21eTH ST ? 0 1 l` N $ 220TH ST > x w i m x { it 22Z in qr ....-i_.�._` S 222NO S 224TH ST •� , x , co w PROJECT LOCATION tv z S 227TH PL � c I. S 228TH ST i_ LL s 22JTH ST - �I w ¢ z Q 1 0 h. x NOVRC LN m h S 234TH ST W � 1 6 O ST / M CLOUOT ST ¢a N /OUL/ORON HR7 q��ip1• W 237� S 238TH $T ' > w ° T PL m CLOU 3T Z ¢ > > w ¢` ¢ ¢ 5 238TH ¢ z U GEORGE ST r � w ST JAMES ST =j J S 240TrST ST s z3STH PL w 7R SRM STCE R >6: J .Z N o� P10NEER 57 ¢ N N 'x J Z � q � z ¢ SMITH ST SMITH ST Mill Creek Box Culverts z O w 4 HARRISON i r � lip BISON ST q . .. ..•.r CT` .� ur rvGfl eT Kent City Council Meeting Date July 16. 1996 Category Bids 1. SUBJECT: 1996 MISCELLANEOUS SANITARY SEWER EXTENSIONS AND DECANTING STATION 2 . SUMMARY STATEMENT: Bid opening was held on Wednesday, June 26th with 3 bids received. The low bid was submitted by King Construction Co. , Inc. of Pacific, in the amount of $322, 043 . 92 . The Engineer' s estimate was $382, 108. 35. The project consists of constructing sanitary sewer extensions on 248th Street between 100th and 104th Avenues, on 240th Street east of 116th Avenue, and on 274th Street between 123rd and 124th Avenues. The project also includes asphalt overlay work and a decant station in the vicinity of 128th Avenue SE and SE 246th Street. It is the recommendation of the Public Works Director that the 1996 Miscellanous Sanitary Sewer Extension & Decanting Station contract be awarded to King Construction for the bid amount of $322 , 043 . 92 . 3 . EXHIBITS: Public Works Memorandum and vicinity map 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCALJPERSONNEL IMPACT: NO ✓ YES 6. EXPENDITURE REQUIRED: $322 . 043 . 92 SOURCE OF FUNDS: Miscellaneous Sewer Replacement Fund (#D20) 7 . CITY COUNCIL ACTION: /AJ Councilmember % Vv moves, Councilmember OTD� seconds that the 1996 Miscellanous Sanitary Sewer Extension & Decanting Station contract be awarded to King Construction for the bid amount of $322, 043 . 92 . DISCUSSION: ACTION• m Council Agenda Item No. 5B DEPARTMENT OF PUBLIC WORKS July 16, 1996 TO: Mayor &_City Council FROM: Don Wickstromv� RE: 1996 Misc. Sanitary Sewer Extension &--Decanting Stations Bid opening for this project was held on June 26th with three bids received. The low bid was submitted by King Construction in the amount of $322,043.92. The engineer's estimate is $382,108.35. It is the recommendation of the Public Works Director that the 1996 Misc. Sanitary Sewer Extensions &Decanting Station contract be awarded to King Construction for the bid amount of $322,043.92. BID SUMMARY IGng Construction $322,043.92 Gary Merlino Construction $415,792.04 Tri-State Construction $447,774.56 Engineer's Estimate $382,108.35 MOTION: Councilmember moves, Councilmember seconds that the 1996 Misc Sanitary Sewer Extensions &Decanting Station contract be awarded to IGng Construction for the bid amount of $322,043.92. PL 3I� a�M1A51 tA� - 295 234T`H PL 5 SrH 5i� \ SE 235TN NSi =ffy `p0 SE 2JBtx 5T \�1 \+ r2 295 PL ^ - 5 36TH PL 236 L 296TN FL 2j \ �_ ,OO \SE 236TH PL 2377H ST VII Ln FL2]IPL '_`9E 2]BTH ST6 23)rN Sr E 23/ 57 z SE o 239TH ST 296 It . 23 \ PY)1 :r SE 240TH STD. YT' 2 d 41Sr ST O 242NO ST I I N i 2V2x0 Cl x N�SE SE 244 ST ¢ SE 24V CT SE 2V4iH ST 51H t C�hX LAR'3'`•'�5 SEI 2a A�xv 1 Ao_ ^ SE 24S PL E 246TN ST ¢ S 24S PL 1 3 1 I^ zVs_el" F 7� n,¢ 241fX c 5 2V7 PL J. ROJ E'CTrv1246 ,T o E 2ViTH �/ S" ET � I ,_ SE 247TX PL ` o! SE 248TH w 29 "` LOCATIONS T> - E zsorx sr x - SE zstsT s 252N0 ST 6 51ST PL i ^ 252N0 PL E. 252N0 PL 15E 252NO ST W d 253 PL 1 a' ST t (V W ^ �254TH 51' e1 sL y Et x 235 �� 254TH F'L t SE 256TH ST — _� al ^ 2 rL�\ `^ 55 ^� PL l T \y0O yl ^ ST P \OC SR sj c'`, ST 58 m SE 25 'S in Cr I m\ 5f 256 Tx 25 6In � M J: ST ^ L 256 p 1 Im m SE 2607H ST 2597H i Zpp T T\ J L = 5E 2591H PL 50,260TN PL w�� c i SE 24TH q x Py ;N 6\Et T 'y ^�a 82 SE 2515r S 262ND PL .`� •,,y 'i j `yl/ 263C n 202 PL St :_•` t ''crF 31 ^ 7 ^ SE ' " 264. p' PL ST ! l.a m )?Zsp \I`r10 -�263 SE 253 PL 1� 26uTHII\_ __1 264TH ST \ k�'^r SE 26VT ST if 9 36STH dFL ' ^ T 265 P % i F 255 PL "Y Zbzi n•aT i ��'�lO W I ri`—" E 28,TH 9i :� _ SE 26 TH T 266- 65' T SE IT 167 CT "IT.5 •�01 x n :i SE 266 \'� SE 268TH 9i 268TH Sr 269 ST POnOJ ` \ 3i rt 1 SE N 270TH ST "� `a t, 270TH F f SE 272HO 6i M '\ _ _- " 51 W m _ F tiy. 1 t"'e ' oQ V SE N 2N0 5T N pP�t Q^ s SE 212NO PL - '27722-IT—SS - N 273R0 PL `\ 11 5E 2NTH ST m 279 ST SE - w 2741 JT ty,P�,• 274 IT 5E 276TN ST = F _ ry 2T5 IL 276Tx N ¢ 276TH It \r •'_ 9E n i , 1\I.T.S• .\ I Let i271tH PL o 277 Pl O-2771"IL 1 1 _ SE 279TH I I 4 3E 26i 1996 Misc. Sanitary Sewer Extension �r �L.�—_ SE 281ST S, & Decanting Stations Kent City Council Meeting Date July 16. 1996 Category Bids 1. SUBJECT: EAST VALLEY HIGHWAY PAVEMENT RESTORATION 2 . SUMMARY STATEMENT: Bid opening for this project was held on Wednesday, July loth with 2 bids received. The bid docu- ments allowed awarding on any or all schedules. The low bid for Schedule I was submitted by Lakeside Industries of Kent, in the amount of $769, 897. 50. The Engineer's estimate was $878, 250. 00. The project consists of removing and replacing the failed asphalt concrete pa'Wifnent along East Valley Highway, plus overlaying the entire roadway. The project extends from S. 212th Street to S. 192nd Street. It is the recommendation of the Public Works Director that Schedule I of the East Valley Highway Pavement Restoration con- tract be awarded to Lakeside Industries for the bid amount of $769 , 897 . 50. 3 . EXHIBITS: Public Works memorandum and vicinity map 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $769 ,897 .50 SOURCE OF FUNDS: E V Highway Pavement Replacement Fund (#R52) Miscellaneous Watermain Replacement Fund (#W40) Miscellaneous Sewer Replacement Fund (#D20) - Miscellaneous Drainage Replacement Fund (#D17) 7 . CITY COUNCIL ACTION: Councilmember K4A moves, Councilmember rt-nfy� _seconds that Schedule I of the East Valley Highway Pavement Restoration contract be awarded to Lakeside Industries for the bid amount of $769 , 897 . 50. DISCUSSION: ACTION• rn Council Agenda Item No. 5C DEPARTMENT OF PUBLIC WORKS July 16, 1996 TO: Mayor &-City Council! FROM: Don Wickstrom 61 RE: East Valley Highway Pavement Restoration Bid opening for this project was held on July 1 Oth with two bids received. The bid documents allowed awarding on any or all schedules. Due to a funding limitation, we are only proposing to award on Schedule I. The low bid for Schedule I was submitted by Lakeside Industries of Kent in the amount of $769,897.50. The Engineer's estimate is $878,255.00. The project includes reconstructing the failed pavement portions of East Valley Highway from S. 212th St. to S. 192nd St plus overlaying the entire roadway surface. It is the recommendation of the Public Works Director that the contract for Schedule I of the East Valley Highway Pavement Restoration project be awarded to Lakeside Industries for the bid amount of $769,897.50. BID SUMMARY Lakeside Industries 769,897.50 M. A. Segale, Inc. 859,002.00 Engineer's Estimate 878,255.00 MOTION: Councilmember moves, Councilmember seconds that Schedule I of the East Valley Highway Pavement Restoration project be awarded to Lakeside Industries for the bid amount of $769,897.50. (SW 43RD ST) S 180TH ST W > `� I 1 JUST ST "' 44' x P Iy S 182NO S +•�_ .•+•"'"""'•• •��` OP ERS Inf df .... H PL 08 N Dp > ^V w 8L Yp z S 188TH Sr W a IT J " S 188TH ST ,>'�.✓ O a co S I90TH ST 1~ �01 � S 190TH ST s iaa�NO ST y __.._. S I96TH ST ..: 5 197 ST VV W1 !g m _97H r a p m y 5 202_N ST V; 5. O1 202NO 5T J > i PROJECT W 20 PL S 204TH ST = ¢ a N aL 4 LOCATIONW zo PL 9e 209 TH O1 206TH ST.a S 206TH ST PL a L \\ S 208TH ` 207 ST ::>: 2p8 TH 55 S 2097N N1 cc l i WI 2 � � r A `— --........ --- _ 212TH ST ------ (` a p I n East Valley Highway Pavement Restoration 216TH ST . 1 i S 216TH ST Kent City Council Meeting Date July 16, 1996 Category Bids 1. SUBJECT: SE 274TH WAY HILLCLIMB SECTION GRADE AND FILL 2 . SUMMARY STATEMENT: Bid opening for this project was held on Wednesday, July loth with seven bids received. The apparent low bid was submitted by City Transfer of Kent in the amount of $995, 994. 00. The Engineer' s estimate was $1, 331, 750. 00. This project is the beginning phase of the 277th Street Corridor and is earthwork only. It is essentially a pre-load contract to be completed in advance of the main roadway work. It is the recommendation of the Public Works Director that, subject to the City's receipt of all required permits and approval within a time frame determined appropriate by the Public Works Director, the SE 274th Way Hillclimb Section Grade & Fill contract be awarded to the lowest responsible bidder. 3 . EXHIBITS: Public Works Director memorandum and vicinity map 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $1 200, 000 SOURCE OF FUNDS: 277th Street Corridor Fund (087) 7 . CITY COUNCIL ACTION: //,, ,, Councilmember moves, CouncilmemberT l.CJO-D� seconds that subject to the City's receipt of all required permits and approvals within a time frame determined appropriate by the Public Works Director, authorize the Mayor to award the SE 274th Way Hillclimb Section Grade & Fill contract to the lowest responsible bidder. DISCUSSION: ACTION: m Council Agenda Item No. 5D DEPARTMENT OF PUBLIC WORKS July 16, 1996 TO: Mayor SL City Council FROM: Don WickstroKL( J RE: SE 274th Way Hillclimb Section Grade &.Fill Bid opening for this project was held on July 1Oth with seven bids received. The apparent low bid was submitted by City Transfer of Kent, Inc. in the amount of $995,994.00. The Engineer's estimate is $1,331,750.00. The project involves regrading the hillside for the future road. It includes moving up to 600,000 yds. of material prior to the winter rains and incorporates a $160,000 incentive to do so. While to-date we haven't received all the required permits and/or approvals for same, we are expecting them shortly. Since this project terminates with the winter rains and we are seeking to move 600,000 yds before then, we need to maximize the available number of working days. As such, a contract award needs to be made immediately once the permits and/or approvals are received. It is the recommendation of the Public Works Director that the Mayor be authorized to award the contract for the SE 274th Way Hillclimb Section Grade Sz Fill project to the lowest responsible bidder upon receipt in a timely manner as determined by the Public Works Director, all required permits and/or approvals. BID SUMMARY City Transfer of Kent 995,994.00 Scarsella Bros. Inc. 1,173,700.00 Scoccolo Construction 1,447,190.00 Continental Dirt 1,479,655.00 Thomco Construction 1,542,100.00 Tri-State Construction 1,704,100.00 IGewit Pacific Co. 2,271,100.00 Engineer's Estimate 1 ,331,750.00 (continued) MOTION: Councilmember moves, Councilmember seconds that subject to the City's receipt of all required permits and approvals within a time frame determined appropriate by the Public Works Director, authorize the Mayor to award the SE 274th Way Hillclimb Section Grade &Fill contract to the lowest responsible bidder. ti0 H,Id1ti 0/[O� % S f�/�a i N0..•-\y N tl HIE, bN LS H1011 H10I 3Atl MI�il Ll I I� _ y N /•-' --- 1 N °'°' m _ H1.CL7 .n w 3Atl H1ATI 35 Atl H IT 3Atl S I I N ' N 1 ATI 3S 3A8 H1h11 j 3S 3Atl H1hIl 3S 3Atl H1Eli 3S IA8 H12I I 3Atl MITI 17 MINT i ��� 17 --•-� �: 3S 3A8 MITZI a� 011 NEI _\, 1 _ -�•\ H10IF�� OTT" 3Atl H101 u�ti* V al = 17 TQ N 4 N� ywl mf x 3S 3Ad H380T 3Atl H1601Lo W N .1 3S 3Atl H1901 _3Atl ON201 3Atl H1 0; LL ��- a wl I• 'i \�9••a`: � _ld H166 ld H166 \,5 i� Ff •���•'°fit;�J-`' ����•- ___-�'-� WRY J/ 1L6 ( iJ Tom ' / a 111130Ht11 OOOM3ldbw S41 s ld SI113 i /� - •\� /���/ LJi o O° B3NU(1 "tltl9 3N 15 'J z -3NO1S j '3 Atl H ld W311Jtl7 i 30 NHA /J/ /' �♦ S 3Atl f H190 3Ntll 3ldtlN S 3Atl HISS NH1M N 274th Way Hillclimb Grade & Fill CONTINUED COMMUNICATIONS A. R E P O R T S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE 4-yy) v3 D C. PUBLIC WORKS COMMITTEE 1 (/WI C"4 toll') 7 3 3 d 0 D. PLANNING COMMITTEE �/v� ' i a 0 �F E. PUBLIC SAFETY COMMITTEE F. PARKS COMMITTEE w o odl� 3 D G. ADMINISTRATIVE REPORTS �7