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CITY OF j 0\,
SUMMARY AGENDA
KENT CITY COUNCIL MEETING
July 16, 1996
Council Chambers
7 : 00 p.m.
MAYOR: Jim White COUNCILMEMBERS: Christi Houser, President
Jim Bennett Tim Clark Connie Epperly
Jon Johnson Leona Orr Judy Woods
CALL TO ORDER
ROLL CALL
1. PUBLIC COMMUNICATIONS
A. Proclamation - National Clown Week
B. Regional Justice Center Update
C. Report on Trip to China
2 . PUBLIC HEARINGS
None
3 . CONSENT CALENDAR
A. Approval of Minutes
B. Approval of Bills
C. Pacific Terrace Preliminary Plat SU-96-12 - Set Date
D. 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
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APPLICATION NAME: Hillside Manor
NUMBER: #-RZ-96-1 DATE: July 16, 1996
REQUEST: Rezone A
LEGEND N
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Zoning/Topography Zoning boundary
Tr City Limits
City of Kent - Planning Department EXH I B IT_L
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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
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' City of Kent - ='-tannin x Department
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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
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APPLICATION NAME: Grube
NUMBER: ;' CPL-C;:7 A.
P '=QUEST: Compr;.h�ensive Plcan Zoning
LEGEND N
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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
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210 ath AVE.SO.. l KENT.AVASHIVGTON 98032-5 Y9i l TELFPHONF CO
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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.
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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.
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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
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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.
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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
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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
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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.
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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.
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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.
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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
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Strawberry Lane
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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
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12
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APPLICATION NAME: Strawberry Lane
NUMBER: #RZ-96-2 DATE: June 5, 1996
REQUEST: Rezone A,
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NUMBER: #RZ-96-2 DATE: June 5, 1996
REQUEST: Rezone AA,
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APPLICATION NAME: Strawberry Lane
NUMBER: #RZ-96-2 DATE: June 5, 1996
REQUEST: Rezone A,
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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
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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
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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;
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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
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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
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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
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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
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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
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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
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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,
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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.
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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.
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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. -
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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.
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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
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#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:
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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
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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.
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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.
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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.
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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.
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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.
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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).
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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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.
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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
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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
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#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:
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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
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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.
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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.
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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
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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
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Swan Court
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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,
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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
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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.
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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.
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(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:
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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
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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
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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.
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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
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Swan Court
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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
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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.
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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
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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
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#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.
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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.
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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.
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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.
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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
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D. PLANNING COMMITTEE �/v� ' i a 0 �F
E. PUBLIC SAFETY COMMITTEE
F. PARKS COMMITTEE w o odl� 3 D
G. ADMINISTRATIVE REPORTS �7