HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 04/02/1996 Cotof Kent
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uncil Meet
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CITY OF
Mayor Jim White
Council Members
Christi Houser, President
Jim Bennett Jon Johnson
Tim Clark Leona Orr
Connie Epperly Judy Woods
April 2, 1996
Office of the City Clerk
CITY OF 1-0?A��f JS
SUMMARY AGENDA
:) KENT CITY COUNCIL MEETING
_ April 2 , 1996
Council Chambers
dtrvn�4A 7 : 0 0 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. Employee of the Month
B: Proclamation - Disaster Preparedness Month
Presentation of Certificate of Achievement for
Excellence in Financial Reporting for the Fiscal Year
Ended December 31, 1994
iD. National Accreditation of Kent Police Department
2 . PUBLIC HEARINGS
None
3 . ENT CALENDAR
A. Approval of Minutes
B:'' Approval of Bills
Russell Road Street Vacation - Resolution Setting
Hearing Date
Domestic Violence Code Amendment - Ordinance
--F,—. Inattentive Driving Penalty Amendment - 9TA inance
--F: Correction to Zoning Ordinance - Set Hearing Date
Riverbend Driving Range Re-lighting Project - Accept as
Complete
_Ed!" Equipment Rental Purchases - Agreements
--I: Valley Detention Project - Budget Adjustment
d Community Development Block Grant Consortium Status -
Authorization
-Y. Department of Community, Trade & Economic Development
Grant Acceptance
�L! Amendments to Kent City Code Regarding Solid Waste
Permits - Ordinance
4 . OTHER BUSINESS
Term Limits Ordinance
-H: Benson Highlan s Preliminary Plat SU-95-10
-C-.-1 Mack Preliminary Plat SU-95-2
5. BIDS
None
6. CONTINUED COMMUNICATIONS
7 . DEPORTS
EXECUTIVE SESSION --11 Property Acquisition
Pending Litigation
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 back 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) Employee of the Month
B) Proclamation - Disaster Preparedness Month
C) Presentation of Certificate of Achievement for
Excellence in Financial Reporting for the Fiscal Year
Ended December 31, 1994
D) National Accreditation of Kent Police Department
CONSENT CALENDAR
3 . City Council Acti n:
Councilmember. moves, Councilmember UL
seconds that Consent Calendar Items A through L be approved.
Discussion
Action hLtn C"[J
3A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of
March 19 , 1996.
3B. Approval of Bills.
Approval of payment of the bills received through March 15 and
paid on March 15, after auditing by the Operations Committee on
March 20, 1996, and signing for approval in the Finance
Department members.
Approval of checks issued for vouchers:
Date Check Numbers Amount
3/15/96 166049-166697 $1, 364 , 3ll. 53
Approval of checks issued for payroll for March 1 through
March 15 and paid on March 20, 1996:
Date Check Numbers Amount
3/20/96 Checks 210114-210436 $ 265, 999. 31
Advices 32718-33162 572 , 297 . 83
$ 838, 297 . 14
Council Agenda
Item No. 3 A-B
Kent, Washington
March 19 , 1996
Regular meeting of the Kent City Council was called to order at
7: 00 p.m. by Mayor White. Present: Councilmembers Bennett,
Clark, Epperly, Houser, Johnson, and Orr, Operations Director/
Chief of Staff McFall, City Attorney Lubovich, Planning Director
Harris, Public Works Director Wickstrom, Police Chief Crawford,
Fire Chief Angelo, and Assistant Finance Director Hillman.
Councilmember Woods was excused from the meeting. Approximately
45 people were in attendance.
PUBLIC Introduction of Employees Selected for Yangzhou,
COMMUNICATIONS China, Employee Exchange. Mayor White noted that
an exchange of employees is done with Kent' s
Sister City in China once a year. He then intro-
duced Brian Swanberg and Deann Thiry-Schoeler as
the employees who have been selected to go to
Yangzhou, China, this year.
Legislative Update. Arthur Martin, Governmental
Affairs Manager, noted that the Legislature has
completed its session for this year, and that the
impact on cities was not as grave as anticipated.
He noted, however, that all of the property tax
relief items introduced are now being considered
in the interim and probably will be the first
items on the agenda in the next session.
Martin noted that the Legislature has put
$750, 000 into the supplemental budget for the
purpose of locating a natural medicine clinic
somewhere in south King County. He explained
that Kent' s City Council had recently passed a
resolution regarding the location of a natural
medicine clinic in Kent, if possible, following
the lead of the King County Council. He noted
that the supplemental budget for transportation
ended with the grants approach to utilization of
funds for drainage on state roads, and that the
grants approach creates problems any time money
is available for a transportation project with
10-15 projects that can use it especially when
grant funds are relatively small.
Martin noted that the bill passed giving cities
the ability to clear up any liens on utilities
that exist when there is a closing. He further
noted that the next session is going to be
preceded by a long series of interim committee
meetings mostly focusing on property rights, and
that the only bill which passed the Legislature
was one that requires the city to notify the
County Assessor anytime there is a land use
designation change.
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March 19 , 1996
PUBLIC Upon Clark's question, Martin explained that many
COMMUNICATIONS members of the Legislature feel that addressing
the property tax only for businesses put them
into a bind, and that some of the interim com-
mittee meetings will be taking place this summer
so the issues can be taken back home for the
elections this fall. Martin noted for Clark that
the street utility issue did come up in the
Legislature with a ground swell of support, and
that there will probably be some movement on it
this summer. Clark requested notification of any
meetings scheduled particularly this summer and
Martin concurred.
Regional Justice Center Update. Captain Tom
Brown noted that this is the ninth month of
construction for the Regional Justice Center, and
that there are some visual changes showing the
first floor ramp of the parking structure which
is quite visible from James Street, the increase
in scaffolding on the front of the courts build-
ing, and the brick work on the exterior which is
presently going up. He noted that there is more
progress on the top floor of the courthouse, and
that there is increased activity in the detention
area with a roof being constructed and put in
place correctly before all the detention work is
done. _He explained that the detention support is
coming up right on time, and that the detention
booking area is on schedule as well. Brown noted
that at the end of January the cash flow was
about $60, 000, 000 which is actually lower than
what was projected due to limited change orders.
He explained that the schedule is still on time,
within budget, and that the 12 weather days have
been negotiated and are non-compensatory.
(ADDED ITEM - ADDED BY MAYOR WHITE)
Mayor White introduced guests from Japan who were
visiting the Council meeting tonight. He noted
that these guests are students who are being
hosted by families from Kent-Meridian, Kentridge,
and Kentwood High Schools. He explained that he
wanted citizens to be aware of these exchanges
that are taking place in Kent and he thanked the
guests for attending the meeting.
CONSENT HOUSER MOVED that Consent Calendar Items A
CALENDAR through O be approved, including the changes
made by the City Attorney to Item 3C. JOHNSON
seconded and the motion carried.
2
March 19, 1996
MINUTES (CONSENT CALENDAR - ITEM 3A)
Approval of Minutes . APPROVAL of the minutes of
the regular Council meeting of March 5, 1996.
STREETS (CONSENT CALENDAR - ITEM 3J)
James St./S. 212th Overlays. ACCEPT as complete
the contract with M.A. Segale, Inc. for the James
Street/S. 212th St. Overlays and release of
retainage after State releases, as recommended
by the Public Works Committee. The original
contract amount was $554, 102 . 27 . The final
construction cost was $620, 029 . 92 . The overage
on this project is due to additional overlay work
on S. 212th between 42nd Avenue and 700 feet east
and on James Street per the widening work asso-
ciated with the King County Regional Justice
Center. In addition, some sidewalks and curb and
gutter repair work along James Street were added.
(CONSENT CALENDAR - ITEM 3K)
LID 345 S. 218th Street Improvements (East
Valley Highway to SR 167) . AUTHORIZATION to set
April 16th as the Public Hearing date to adopt
the ordinance establishing the Final Assessment
Roll for LID 345, as recommended by the Public
Works Committee.
(CONSENT CALENDAR - ITEM 3M)
D.O.T. Agreement for Pavement Markings.
AUTHORIZATION for the Mayor to sign the agree-
ment, upon concurrence by the Public Works
Director and the City Attorney, with the
Department of Transportation for the installation
of pavement markings along Canyon Drive & Benson
Highway which is in conjunction with the State' s
overlay project along these roads, as recommended
by the Public Works Committee.
(OTHER BUSINESS - ITEM 4C)
196th/200th Street Corridor Final EIS Adoption.
This resolution affirms and acknowledges City
action to date regarding the City's long-term
planning and environmental review on its proposed
196th/200th Street Corridor project. Addi-
tionally, this resolution takes SEPA "action" on
its environmental review and on the project, by
directing staff to proceed with the project along
the preferred Alternative 'A' route, and to
obtain all necessary permits and approvals
necessary to construct the project. The pre-
ferred alternative in the EIS is along 200th
Street from Orillia Road to the Green River and
3
March 19 , 1996
STREETS then along 196th Street from the Green River to
East Valley Highway.
Assistant City Attorney Brubaker explained that
there are currently two east-west roadway corri-
dor proposals under active development. He noted
that the 196th/200th Corridor is one of the
proposals that travels through the northern part
of the valley in Kent, commences at East Valley
Highway on the east, traverses across the valley,
across both railroad tracks to link with West
Valley Highway, continues along to the Green
River where it will cross the Green River and
connect with Orillia Road, connect to I-5 and
then down to 212th Street.
Brubaker noted that two other alternatives were
proposed for this project: 1) Alternative B which
commences at 194th Street rather than 196th
Street; or 2) that the project not be constructed
at all. He explained that the EIS determined
that the preferred alternative would begin at the
intersection of 196th Street and East Valley
Highway, continue due west until it neared the
Green River. He noted that three business owners
or representatives on the 194th Street, non-
preferred Alternative B, alignment requested him
to present letters in opposition. ORR MOVED to
make the three letters a part of the public
record. Johnson seconded and the motion carried.
Brubaker explained that the City issued its final
environmental impact statement for this project
on February 29, 1996, and that State law requires
a seven day waiting period before the City can
take any action after the publication or issuance
of the EIS. He noted that a resolution has been
prepared which constitutes Council action that
encompasses the following items: 1) It ratifies
and approves prior steps taken by the City in the
development process, and specifically the SEPA
process; 2) The City continues to comply with
local and regional long-term planning goals by
moving forward with this project; 3) This resolu-
tion reaffirms the City' s intention to comply
with Growth Management Act Transportation
Concurrency Requirements by continuing with the
development construction of the roadway; 4) It
authorizes continued development of the project,
authorizes staff to continue with the design of
this project, and obtain the necessary permits;
4
March 19 , 1996
STREETS and 5) The Council will start the statutory clock
running for appeals on the project, which is a
21-day appeal period, by taking action tonight.
Brubaker reiterated that if this resolution is
passed tonight, there will be a 21-day window of
opportunity for any aggrieved party to appeal the
decision and EIS to the Superior Court of the
State of Washington. Upon Houser' s question,
Brubaker explained that the letters were received
in the Engineering Department on March 11, 12 and
15, but that the authors of the letters called
today asking for the letters to be entered into
the record. Upon Orr' s question, Brubaker
clarified that staff selected Alternative A which
is on the 196th Street portion of the project.
Brubaker noted for Clark that the meeting held
for the East leg of the 196th Street corridor
addressed the fact that the roadway serves local
and regional needs. He also noted that there are
proposed links to extend the roadway from East
Valley Highway and 196th up onto the East Hill.
He explained that King County would be the lead
agency for that segment, but that it is just in
the very earliest stages of feasibility.
Brubaker explained that the City of Kent has
passed the feasibility and completed the en-
vironmental review stages. He noted that the
resolution clarifies the terminus at East Valley
Highway and Orillia Road is a logical terminus
for this section of road whether or not the
eastern leg is ever constructed. Clark noted
that this is one of the few options Kent has of
keeping traffic flowing non-stop through the
valley floor. Brubaker explained that the
Council is not taking a position for or against
the East leg by approving this FEIS, because it
is independent and separate from that considera-
tion.
Clark mentioned that the Puget Sound Regional
Government' s Committee of the Annual Report
discussed last Thursday the total amount of trade
value traffic passing through the Port of Tacoma
and Port of Seattle; and that this area would be
the world' s tenth largest port, if combined. He
noted that the City has a big challenge ahead.
Mayor White added that the combined Ports of
Tacoma and Seattle are the second largest in the
United States behind Long Beach, California, so
5
March 19, 1996
STREETS rail capacity and road capacity are a big
challenge.
CLARK MOVED to adopt Resolution No. 1465 taking
action on the City' s Final Environmental Impact
Statement for the 196th/200th Street Corridor
project by directing staff to proceed with the
project and to obtain all necessary permits and
approvals to construct the project along the
preferred Alternative 'A' route. Houser seconded
and the motion carried.
STREET (PUBLIC HEARINGS - ITEM 2A)
VACATIONS S. 218th Street Vacation STV-96-1. This date has
been set to consider an application to vacate a
portion of South 218th Street lying west of East
Valley Highway, as referenced in Resolution
No. 1454 , and as shown on the map and discussed
in the staff report.
The Mayor opened the public hearing. Gar
Volchok, 1420 - 5th Avenue, Suite 1700, Seattle,
noted that he is the applicant representing all
of the property owners who are requesting this
street vacation. He noted that the street has
never been used and is a platted street which
would never be needed for public entry or access
since all the properties have access onto East
Valley Highway now.
There were no further comments and ORR MOVED to
close the public hearing. Houser seconded and
the motion carried.
ORR MOVED to approve the Planning Department' s
recommendation of approval with conditions of an
application to vacate a portion of South 218th
Street lying west of East Valley Highway, as
referenced in Resolution No. 1454 , and to direct
the City Attorney to prepare the necessary
ordinance upon fulfillment of all conditions.
Bennett seconded and the motion carried.
(CONSENT CALENDAR - ITEM 3I)
Street Vacation - S.E. 266th. ADOPTION of
Resolution No. 1463 setting May 7 , 1996, as the
hearing date on the S.E. 266th Street Vacation,
as recommended by the Public Works Department.
The Public Works Department has received a
request for a street vacation from George B.
Webb.
6
March 19, 1996
SIDEWALKS (CONSENT CALENDAR - ITEM 3G)
Meeker Street Sidewalk Project - Transfer of
Funds. AUTHORIZATION to transfer 575, 000 from
the East Valley Highway (192nd/180th) project
(R68) to the Sidewalk Fund (R33) to allow this
work to be built as one project in 1996, as
recommended by the Public Works Committee.
This project is an on-going sidewalk repair pro-
gram to replace damaged sidewalks in the downtown
area. The estimated total cost for this work is
$500, 000 which includes all of the sidewalk
replacement, tree replacement, tree grates and
provisions for future new street lighting. The
available monies in various budgets associated
with this project is $425, 000.
(BIDS - ITEM 5A)
Meeker Street Sidewalk Rehabilitation. The bid
opening on the Meeker Street Sidewalk Rehabilita-
tion was held on Monday, March 18 . The project
is an on-going sidewalk repair program to replace
damaged sidewalks in the downtown area.
Public Works Director Wickstrom noted that a
copy of the bid summary has been distributed
to Council, and that the bids were almost
$100, 000. 00 below the engineer's estimate.
CLARK MOVED that the Meeker Street Sidewalk
Rehabilitation contract be awarded to Gary
Merlino Construction for the bid amount of
$272, 337 . 00. Bennett seconded and the motion
carried.
PUBLIC WORKS (BIDS - ITEM 5B)
Green River Natural Resources Enhancement Area.
Bid opening was held on Thursday, March 14 with 7
bids received. The low base bid, including 8 . 2%
sales tax, was submitted by Kiewitt Pacific in
the amount of $8 , 574 , 850. 00. The Engineer' s base
estimate, including tax, was $9 , 608, 160. 00 .
The project consists of transforming an abandoned
sewage lagoon system into a stormwater treatment
and detention facility while incorporating a
300-acre environmental restoration project and
development of a large multi-use wildlife refuge.
It is the recommendation of the Public Works
Director that this project be awarded to Kiewitt
Pacific for the base bid amount of $8, 574 , 850 . 00
7
March 19 , 1996
PUBLIC WORKS plus Additive Alternate B, Perimeter Fencing in
the amount of $67, 084 . 00 thus making the total
bid award, including tax, in the amount of
$8, 641, 934 . 00.
Public Works Director Wickstrom noted that excel-
lent bids were received and that Kiewitt Pacific
is a qualified contractor. He also noted that
the groundbreaking for this project will be held
on March 26th at 4 : 00 p.m. for those interested
in attending. Clark noted that this project will
be a real improvement for the citizens of Kent.
CLARK MOVED that the Green River Natural
Resources Enhancement Area contract be awarded
to Kiewitt Pacific for the total bid amount of
$8, 641, 934 . 00, inclusive of 8 . 2% sales tax. Orr
seconded and the motion carried.
RECYCLING (CONSENT CALENDAR - ITEM 3N)
Seattle King County Health Dept Agreement _&
Grant Acceptance. AUTHORIZATION for the Mayor to
sign the Memorandum of Understanding with the
Seattle-King County Health Department for the
Special Collection/Recycling Events, to accept
the grant for $14 , 088 and to establish a budget
for same, as recommended by the Public Works
Committee. These special collection/recycling
events are held twice yearly and this grant is
for a portion of these events.
PLANNING (OTHER BUSINESS - ITEM 4D)
(ADDED ITEM)
Zoning Issue. Pam Newcomer, 839 - 3rd Avenue
North, read a letter she had drafted regarding a
breach of public trust between the residents of
North Park and the City of Kent. She stated that
the City did not give adequate notice or time to
respond to a proposal to change the zoning of
North Park from single-family to commercial or
mixed use and that she was not aware of the pro-
blem until March 15th. She explained that one
small sign was placed at the corner of 3rd North
and James at such an angle as to make it almost
invisible, and that if a resident did notice the
sign they were given 13 days to respond. She
expressed that the City has breached her personal
public trust by ignoring numerous promises to
notify her by mail of any dealings concerning
North Park. She explained that there are no
postings on 1st, 2nd, 4th, or 5th Avenue North
which are all being affected by this ruling, and
8
March 19, 1996
PLANNING that there are many elderly people who are unable
to get out and express their views. Newcomer
requested that Council restore its public trust
by mailing all home owners in said area a copy of
the public notice, and extend the time limit
response by 30 days.
Planning Director Harris noted that the Growth
Management Act allows annual amendments to the
Comprehensive Plan, and that six applications
were received to modify the Comprehensive Plan
designation at James and 4th Avenue, along the
north side of James Street, changing it from
residential to mixed use commercial. He ex-
plained that SEPA is the first step in this
process with the checklist and potential deter-
mination advertised in the newspaper, posted, and
an affidavit of posting signed by him, which the
City has already done. He further explained that
a declaration of nonsignificance will be issued,
followed by public hearings before the Land Use
Hearing Board, and then a recommendation from the
Board will be submitted to the City Council.
Harris reiterated that the City is only at the
very beginning of a 3-step process.
Upon Mayor White's question, Harris noted that
the date Ms. Newcomer gave is for taking comments
from the public for 15 days and then at the end
of that time the City may modify the SEPA Check-
list. Harris explained that if Ms. Newcomer
wants an extension on the time for SEPA, she
needs to address a letter to him. Upon Mayor
White's question, Harris noted that a copy of the
letter she read tonight would be sufficient.
Harris noted for Orr that only conditional use
permits, rezones or substantial development
permits are posted with the big notice board but
that SEPA is not. Harris explained that the SEPA
process is a calling out of the environmental
aspects and that the big board will go up before
the public hearings on the Comprehensive Plan.
Upon Orr's questions, Harris explained that the
major street is 4th and James which would be the
logical place to put the notice, that the place-
ment of the notice is a judgment call but could
be posted elsewhere, and that when the public
hearing is set a notice is mailed to everyone
within 300 ft according to the address that is
found in the King County Assessor's files.
9
March 19, 1996
PLANNING Harris further explained that there could be one
or several public hearings held depending upon
the complexity of the issue, but that he wasn't
sure when this public hearing will be scheduled
or whether the hearing would be held before the
Land Use Hearing Board or the interim board.
Upon Epperly's question, Harris noted that just
one property is involved in this SEPA process not
all of North Park, and that this request has been
before the Planning Department previously.
Mayor White requested Ms. Newcomer to give a copy
of her letter to Mr. Harris so that he can work
with her on an extension.
LAND USE & (OTHER BUSINESS - ITEM 4A)
PLANNING BOARD Land Use and Planning Board Ordinance. An
ordinance has been prepared which would create a
new Land Use and Planning Board. The City
Council held a public hearing on this matter on
February 20, 1996. The Planning Committee
considered approval of this item at 4 : 00 o' clock
today.
City Attorney Lubovich noted that a change in the
ordinance was made at the Planning Committee
meeting today. He explained that on page 3 under
Section 2 . 30. 070 (A) it should read: "The planning
department shall be responsible for preparing and
updating the comprehensive plan, and preparing
amendments to the zoning code, the subdivision code and any other related codes or ordinances. '
He noted that the change is a clarification that
the planning department does not amend the zoning
code, but that they prepare amendments for
Council action to change the zoning code.
ORR MOVED to adopt Ordinance No. 3286 creating a
new Land Use and Planning Board, as amended.
Bennett seconded.
Orr noted that the Planning Committee recommended
this item unanimously this afternoon. She also
noted that the ordinance will take effect in 30
days, if passed, and that at the end of the
30 days new members will be appointed to the
board so anyone interested is welcome to apply.
Lubovich clarified that the transition from the
current board to the new board will take effect
after the ,new board is organized and establishes
by-laws for its operation, and that there will be
10
March 19, 1996
LAND USE & a transition phase for the new board before they
PLANNING BOARD take over the functions. The motion then
carried.
Mayor White asked that anyone who is interested
in serving on this board to please drop a note to
the Mayor's office expressing their interest in
serving. He explained that he does not
anticipate appointing anyone who has previously
served, but will appoint a brand new board,
unless there is a shortage of applicants.
ADA (CONSENT CALENDAR - ITEM 3H)
Metro Agreement - Bus Stops (ADA) . AUTHORIZATION
for the Mayor to sign an agreement with Metro and
direction to staff to accept the grant of $26, 000
and establish a budget for same, as recommended
by the Public Works Committee and upon the City
Attorney's concurrence with the language. The
purpose of this agreement is to make ADA
(American with Disabilities Act) Bus-Zone im-
provements at a number of locations throughout
Kent.
PLATS (CONSENT CALENDAR - ITEM 3D)
Mack Preliminary Plat #SU-95-2. AUTHORIZATION to
set April 2, 1996, as the date for a public
meeting to consider the Hearing Examiner's recom-
mendation of approval with conditions for a
preliminary plat application by Baima & Holmberg,
Inc. The property is located at 11047 SE 264th
Street in Kent.
(CONSENT CALENDAR - ITEM 3E)
Benson Highlands Preliminary Plat SU-95-10.
AUTHORIZATION to set April 2, 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
Baima & Holmberg, Inc. The property is located
at 11208 SE 244th Street in Kent.
ZONING CODE (CONSENT CALENDAR - ITEM 3C)
AMENDMENT Hazardous Substance Land Use Facilities
Setbacks - Zoning Code Amendment ZCA-96-2 .
ADOPTION of Ordinance No. 3285 changing setbacks
for hazardous substance land use facilities and
adding new language to indicate that for purposes
of this section the term "public recreation
areas" does not include public trails.
11
March 19 , 1996
ZONING CODE The City Attorney noted that the wrong section
AMENDMENT number is shown in the agenda packet, that the
correct section number is 15. 08 . 050 (D) (9) (b) (3) ,
and that the corrected ordinance pages have been
provided to the City Clerk.
SEPA (PUBLIC HEARINGS - ITEM 2B)
Amendments to Kent City Code Chapter 11. 03 -
Environmental Policy (SEPA) . This date has been
set to consider amendments to the Kent City Code,
Chapter 11. 03 , Environmental Policy (SEPA) ,
relating to the incorporation of variou"s City
planning policies into the City' s SEPA policies,
as outlined in the staff memo and ordinance. The
Planning Committee has recommended adoption of
the amendments to Chapter 11. 03 .
Mayor White opened the public hearing. There
were no comments from the audience. ORR MOVED to
close the public hearing. Johnson seconded and
the motion carried.
ORR MOVED to adopt Ordinance No. 3282 amending
Kent City Code Chapter 11. 03 , Environmental
Policy (SEPA) , relating to the incorporation of
various City planning policies into the City's
SEPA policies, as outlined in the staff memo and
recommended by the Planning Committee.
GROWTH (PUBLIC HEARINGS - ITEM 2D)
MANAGEMENT Growth Management Act Concurrency Ordinance.
This date has been set for the Public Hearing on
the GMA Concurrency Ordinance, as authorized by
Council. This Ordinance addresses concurrency
management associated with the transportation
system as mandated by the Growth Management Act.
Wickstrom explained that the concurrency ordi-
nance is a mandate out of the Growth Management
Act with nothing new added but is a follow
through of the Comprehensive Plan that Council
approved with a transportation element in it. He
noted that when new development permits come in
certification is required stating that the City
has the capacity to serve them, and then the
application can be submitted. He explained that
the ordinance also requires that once the City is
out of capacity, the applicant would either have
to mitigate their impact on the system, reduce
their development, or the City wouldn't be able
to issue a development permit. Wickstrom stated
that the concurrency ordinance affects all
12
March 19, 1996
GROWTH development with the exception of single-family
MANAGEMENT houses on legally platted lots, developments that
will generate ten or less trips, low-income
housing types of uses, day care facilities for
children as defined in the Kent Zoning Code, and
privately operated, but not-for-profit, social
service facilities. He noted that the ordinance
establishes a mobile management zone with 22
different zones as shown in the Comprehensive
Plan when the transportation element was adopted
by Council, and it establishes service levels
which are the same as approved in the Compre-
hensive Plan.
Wickstrom explained that there is a change in the
ordinance which clears up doubt as to when this
is required as part of the applications. City
Attorney Lubovich clarified for Council that
on page it of the ordinance under section
12. 11. 030 (B) the language should read, "this
chapter applies to all land use development
applications as defined in section 12 . 11. 020
which deals with building permits, etc. , includ-
ing but not limited to the following types of
development activities. " He explained that it
applies to building permit applications as well
as the limited uses that are listed. He noted
that the change is for clarification of the
language to make it more encompassing rather than
limited.
Upon Orr' s question, Wickstrom explained that the
ordinance allows the Council to approve a rezone,
but that when the development actually occurs
concurrency would still have to be met. He
clarified for Orr that no building activity could
take place until all the requirements of the con-
currency ordinance are met. It was the consensus
of the Council to accept the amendments to the
ordinance as presented.
The Mayor opened the public hearing. There were
no comments from the audience. HOUSER MOVED to
close the public hearing. Orr seconded and the
motion carried.
CLARK MOVED to adopt GMA Concurrency Ordinance
No. 3284 . Epperly seconded and the motion
carried.
13
March 19, 1996
ECONOMIC (OTHER BUSINESS - ITEM 4B)
DEVELOPMENT King County Economic Enterprises Cc
Barriers Barriers Pacific, Inc. NAG Barriers Pacific,
Inc. has applied to the King County Economic
Enterprises Corporation for issuance of tax-
exempt non-recourse revenue bonds for equipping
of facilities in Kent. RCW 39 . 84 requires the
City in whose planning jurisdiction the project
is to be located to approve the issuance of the
bonds by the Enterprise Corporation for such
project. This approval is limited to issuance of
the bonds and does not constitute approval of any
development permit for the project.
City Attorney Lubovich explained that the Robbins
Company Facility is being renovated for this
facility and is not a new plant.
Mayor White explained that NRG Barriers Pacific,
Inc. , manufactures roofing materials, and that
they have a tremendous amount of contracts with
schools. He also explained that this item is a
time-sensitive one where the company needs to be
under production and get material out to the
contractors in time to roof several existing
schools this year.
CLARK MOVED for adoption of Resolution No. 1464
relating to the issuance of bonds by the King
County Economic Enterprise Corporation to NRG
Barrier Pacific, Inc. Orr seconded and the
motion carried.
INTERNATIONAL (CONSENT CALENDAR - ITEM 3F) ADOPTION
TRADE International Trade/Foreign Relations.
of Resolution No. 1462 relating to international
trade and foreign relations programs entered into
by the City. This resolution will require all
international trade or foreign relations programs
entered into by the City which incur financial
obligations that have not been specifically
approved, budgeted, and appropriated, to first be
approved by the City Council.
COUNCIL (CONSENT CALENDAR - ITEM 30)
(ADDED BY COUNCIL PRESIDENT)
Excused Absence. APPROVAL of an excused absence
from the March 19 , 1996 Council meeting for
Councilmember Woods, who is unable to attend.
14
March 19, 1996
TERM LIMITS (PUBLIC HEARINGS - ITEM 2C)
Mayor and councilmember Term Limits. A public
hearing to receive input on an ordinance relating
to establishing term limits for the Mayor and
City Council Members was opened on March 5, 1996,
and continued to this date.
Mayor White declared the public hearing reopened.
There were no comments from the audience. HOUSER
MOVED to close the public hearing. Orr seconded
and the motion carried.
JOHNSON MOVED to adopt Ordinance No. 3283 esta-
blishing term limits for the Mayor and City
Council. Bennett seconded.
Mayor White passed the gavel to Council President
Houser and then expressed that he feels the
finest term limits situation is available in the
United States which is called an election.
Councilmember Clark noted that he teaches govern-
ment, and that one of the problems is trying to
blend problems at all levels of government and
treat them as a whole. He noted, for example,
that if the legislators in Washington, D.C. are
not appropriately doing their duty then they
become -the "enemy of the conscientious taxpayer, "
which translates into State Government, and shows
up at the local government level. He noted that
the election process is about people selecting
leadership to solve the problems in their com-
munities.
Clark explained that the number of seats avail-
able in the U.S. House of Representatives is 435
which was established in 1911 by Federal ordi-
nance when the population in America was only
80, 000, 000 people, but that today' s population is
260, 000, 000 people with the same representation.
He further explained that it' s a tougher fight
for local representatives being able to raise the
money for a higher position which results in a
significant anger particularly aimed at the
Federal level and the power of incumbency. He
noted that in 1994 , however, the will of the
people came through and dramatically changed the
makeup of the Congress of the United States, and
has continued at a significant level since the
election of 1994 .
15
March 19, 1996
TERM LIMITS Clark noted that a problem occurs when you put in
term limits for a citizen legislature that is
part-time, who gains experience and then is
forced out because of term limits, making the
entire process dependent upon staff. He stated
that law is then made not by the elected leader-
ship but rather by staff. He expressed that term
limits are inappropriate on a local level because
it is a non-partisan race, strictly local, and
does not fit the mold of what is trying to be
accomplished.
Mayor White noted that he is very proud to work
with this Council even though they don't always
agree but have learned to disagree on occasion
without being disagreeable. He noted that the
city Council has served the City well through the
years and will continue. Mayor White explained
that the term limits decision does not do any-
thing to or for this Council, but it could tie
the hands of future Councils.
Upon a roll call vote, Bennett, Epperly, Houser,
Johnson, and Orr voted aye, with Clark opposed.
Motion carried.
PARKS (CONSENT CALENDAR - ITEM 3L)
Discovery Trust Fund. AUTHORIZATION to accept
and change the budget for the Department of
Social and Health Services, Region 4 DDD
Discovery Trust Fund in the amount of $15, 000
to pursue Special Populations projects.
On January 30, 1996, the Department of Social and
Health Services approved a $15, 000 grant from the
Region 4 DDD Discovery Trust Fund for the Special
Populations Division of the Parks Department to
pursue projects for 1996 .
FINANCE (CONSENT CALENDAR - ITEM 3B)
Approval of Bills. APPROVAL of payment of the
bills received through February 29 and paid on
February 29 , 1996 after auditing by the
Operations committee on March 61 1996.
Approval -of checks issued for vouchers:
Date Check Numbers Amount
2/29/96 165609-166048 $1, 761, 499 . 00
16
March 19, 1996
FINANCE Approval of checks issued for payroll for
February 16 through February 29 and paid on
March 5, 1996:
Date Check Numbers Amount
3/9/96 Checks 209796-210113 $ 250, 454. 12
Advices 32279-32717 553 , 053 78
$ 803 ,507 . 90
REPORTS Operations Committee Councilmember Johnson
noted that the Operations Committee meeting which
was scheduled for tomorrow afternoon at 4 : 30 p.m.
has been cancelled.
EXECUTIVE At 8 : 10 p.m. , McFall reminded the Council of an
SESSION executive session of approximately 15 minutes to
discuss property acquisition.
The meeting reconvened at 8 : 38 p.m.
ADJOURNMENT The meeting adjourned at 8 : 39 p.m.
lze LJ r
Donna Swaw
Deputy City Clerk
17
;�p
Kent City Council Meeting
Date April 2 , 1996
Category Consent Calendar
1. SUBJECT: RUSSELL ROAD STREET VACATION rr^^Trtmrnu c�mmrur
2 . SUMMARY STATEMENT: The Public Works Department has received
re ues a vacation #4`g a portion of Russell Road,.
from The Lakes L.L.0 -
Works Committee t at Resolution No. fie- - setting a
hearing date of Ma 7th for the Russell Road Street Vacation,
66 � '1 �uf - 0, 10o Cv w- �tzpe .
3 . EXHIBITS: Public Works minutes, Public Works memorandum,
vicinity map and resolution
4 . RECOMMENDED BY: Public Works Committee
(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
DEPARTMENT OF PUBLIC WORKS
March 27, 1996
TO: Public Works Committee
FROM: Don Wickstrom 6
RE: Street Vacation - Russell Road
We have received a valid petition from The Lakes L.L.C. in Kirkland, to vacate a
portion of Russell Road from a point on the future southerly right of way line on
South 228th St., to the point of departure for the realigned Russell Rd/S3rd PI South;
Lakeside Blvd South.
In accordance with State law, a Public Hearing thereon must be held. As such, we
recommend adoption of a resolution which sets the Public Hearing date.
ACTION: Recommend adoption of a Resolution to set the hearing date for the
Russell Road street vacation.
sop Signs - Gowe Street
Wickstrom said that staff had mailed approximately 100 notices to the downtown area
requesting comments on the newly installed stop signs on Gowe Street of which 38 were returned.
In that number, there were varying comments on leaving the stop signs in place and others on
removing one or two of them. Clark noted that this is a paradox. Wickstrom than stated that prior
to the Committee taking any action, he suggested the Committee hold a public hearing after which
a decision could be made.
Committee concurred that a public hearing will be held at the April loth Committee meeting.
Equipment Rental Purchases
Wickstrom said that we need to purchase three tractor mowers and one backhoe. These are not on
the state bidders list. They have been bid by the City of Seattle and bid by Island County. He asked
that the City execute an agreement with Seattle and Island County allowing us to enter in on their
bidding and use their suppliers.
Committee recommended authorizing the Mayor to execute an agreement with City of Seattle and
Island County for the purchase of three tractor mowers and one backhoe.
Amendment to Kent City Code
Brubaker stated that Section 7.03.020 of the Kent City Code relates to Garbage Solid Waste and
states that permits for hauling garbage will be issued by the City Clerk. Brubaker said that the City
Clerk has never issued any permits and would like to make this correction.
Committee recommended that the correction be made in Section 7.03.020 of the Kent City Code as
noted by the City Attorney.
Street Vacation -Russell Road
Wickstrom explained that this is part of the Lakes Development at the northerly end of Russell Road
where it ties into 228th. They have filed a petition to vacate and now we are requesting authorization
to set the hearing date for this vacation.
Committee recommended setting a hearing date for the Russell Road Street Vacation.
Vallev Detention Facilitv
Wickstrom stated that in 1997 we will be landscaping and finishing the project. The plantings cost
associated with the project is approximately $1 million. This year the contractor should have the
facility complete and will be hydroseeding everything. In the '97 budget we are anticipating
2
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RESOLUTION NO.
A RESOLUTION of the City of Kent,
Washington, regarding the vacation of a
portion of Russell Road, a dedicated, opened
public street, lying generally south of the
southerly right of way line of South 228th St .
in the City of Kent , and setting the public
hearing on the proposed street vacation for
May 7, 1996 .
WHEREAS, a petition (a copy of which is attached as
Exhibit A) has been filed by various property owners to vacate a
portion of Russell Road, a dedicated, opened public street, lying
south of the southerly right of way line of South 228th Street in
the City of Kent, King County, Washington; and
WHEREAS, these property owners own at least two-thirds of the
property abutting that portion of Russell Road that is now being
sought to be vacated; and
WHEREAS, the petition is in all respects proper. NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY RESOLVE AS FOLLOWS :
1
Section 1 . A public hearing on the street vacation
petition requesting the vacation of a portion of Russell Road shall
be held at a regular meeting of the Kent City Council at 7 : 00 p.m. ,
Tuesday, May 7, 1996, in the Council Chambers of City Hall located
at 220 4th Avenue South, Kent, Washington, 98032 .
Section 2 . The City Clerk shall give proper notice of
the hearing and cause the notice to be posted as provided by law.
Section 3 . The Planning director shall obtain the
necessary approval or rejection or other information from the
Public Works Department and other appropriate departments and shall
transmit information to the Council so that the Council may
consider the matter at its regularly scheduled meeting on May 7,
1996 .
Passed at a regular meeting of the City Council of the
City of Kent, Washington this day of
1996 .
Concurred in by the Mayor of the City of Kent,
Washington, this day of 1996 .
JIM WHITE, MAYOR
2
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
I hereby certify that this is a true and correct copy of
Resolution No . passed by the City Council of the
City of Kent, Washington, the day of
1996 .
(SEAL)
BRENDA JACOBER, CITY CLERK
STVAC#12 .res
3
MAI(. TO. APPLICANT:
Gerald B. McCaughan ' Name: The Lakes L.L.C.
CITY OF KENT
220 So. 4th Ave. Address: 4030 Lake Washington Blvd. NE #201
Kent, 14A 98032
Kirkland WA 98033
Phone: 822-7700
STREET AND/01I ALLEY VACATION APPLICATION AND PETITI ! 0
n
MAR 19 199fi D
Dear Mayor and Kent City Council : CITY OF
CIT1 KENT
We, the undersigned abutting property owners, hereby respectfully request �uE61(('
certain Russell Road hereby be vacated. (General Location)
Legal Description ll
/ See attached Ekhibit "AllT)
t��-(R�
MAR 1 8 1996
A/,SO,o c)
CITY OF I(ENY
TREASURY
BRIEF STATEMENT WHY VACATION IS BEING SOUGHT
Vacation being sought pursuant to condition #7 of the City of Kent
Short Plat SP 95-29.
The owner/subdivider shall apply to the City of Kent for a vacation of the
exisiting public right-of-way of Russell Road, from a point on the future
southerly right-of-way line on South 228th Street, to the point of departure
for the realigned Russell Road/53rd Place South/Lakeside Boulevard South.
Sufficient proof, copy of deed contract etc. supported by King County
Tax Rolls shall be submitted for verification of signatures. Without
these a "CURRENT" title report shall be required. When Corporations ,
Partnerships etc. are being signed for, then proof of individual's
authority to sign for same shall also be submitted.
Attach a color coded map of a scale of not less than 1" = 200' of the area
sought for vacation. (NOTE) I•lap must correspond With legal description.
ABUTTING PROPERTY OWNERS. TAX LOT N
SIGNATURES AND ADDRESSES LOT, DLOCK & PLAT/SEC. TWN. RG
t
Windward Cove, L.L.C. V�
By: 1'.•; Lc'.=ao,L.L.C.,its Manage Q.
a\.A :':cc:al Partnership
By: C.-n-vizr✓, Inc..its Gott"PaMer v
ry Eric
its: Authorized ssi at r
Marina Poit�nte one, L.L.C.
a WA Limited Lte61pr(By: ]'.:: Lc::es, L.L.C.,its Manage
Northwest Compiny,it,Msraaa
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By: Lrc��'�crv, Inc..its General Parma
i150.00 Fee fdic H. e s, u ized�,Na is Receipt No. X
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Appraisal Fee Paid Treasurer's Receipt No.
Land Value Paid Treasurer's Receipt No.
Deed Accepted Date
Trade Accepted Date
DODDS ENGINEERS, INC.
BELLEVUE, WA 98007
DEI Project No: 94133
2/22/96
RUSSELL ROAD VACATION DESCRIPTION
That portion of the southwest quarter of Section 14, Township 22 North, Range 4
East, W.M., and the David A. Neely Donation Land Claim No. 37, all in King
County, Washington, described as follows:
Commencing at the northwest corner of Tract L-3, City of Kent Short Plat No. 86-
21, as recorded under King County Recording No. 8706041575, also being a
point on the east line of Tract L-1, The Lakes at Kent, Division No. 1, according
to the plat thereof recorded in Volume 136 of Plats, pages 41 through 45,
inclusive, records of said county; thence along the north line of said Tract L-1
the following courses and distances; thence N07°47'54"W 62.92 feet; thence
S83054'33"W 70.67 feet; thence S77014'39"W 103.28 feet; thence S88°18'50"W
106.75 feet; thence S79°24'00"W 70.95 feet; thence S58°09'11"W 102.94 feet;
thence leaving said north line, N22°37'30"W 108.22 feet; thence N67022'00"E
40.93 feet; thence N20043'00"W 105.45 feet; thence N15°00'00"W 161.85 feet;
thence S39023'00"W 103.00 feet; thence N50°25'00"W 149.72 feet; thence
N87059'44"W 388.32 feet to the east right of way margin of 53rd Place South
(Russell Road): thence N02003'30"E, along said east margin, 108.00 feet to the
POINT OF BEGINNING o_ f the herein described tract; thence continuing
NO2°03'30"E, along said east margin, 682.84 feet to the south right of way
margin of south 228th Street; thence N88°27'57"W, along said south margin,
60.00 feet to the west right of way margin of said 53rd Place South; thence
S02°03'30"W, along said west margin, 682.29 feet; thence S87°56'30"E 60.00
feet to the POINT OF BEGINNING.
Contains 40,954t square feet (0.9402t Acres)
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i:il%ND bIY.NIIAlf41
:I Ct,i
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Kent City Council Meeting
Date April 2 . 1996
Category Consent Calendar
1. SUBJECT: DOMESTIC VIOLENCE CODE AMENDMENT
2 . SUMMARY STATEMENT: Adoption of Ordinance No...3�1 amending
the Kent City Code relating to Domestic Violen specifying
which crimes are domestic violence crimes.
3 . EXHIBITS: Ordinance
4 . RECOMMENDED BY: Public Safety
(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
it
�i
n
i
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f
ORDINANCE NO.
I
I;
�I
AN ORDINANCE of the City Council of the
j City of Kent, Washington, amending Section
9 . 02 . 300 of the Kent City Code relating to
Domestic Violence .
i
WHEREAS, the City Council finds it appropriate to
recognize the importance of domestic violence as a serious crime
against society and to assure the victims of domestic violence
the maximum protection from abuse which the law and those who
j enforce the law can provide; and
WHEREAS, in order to carry out this intent, the City
Council desires to carify situations in which domestic violence
can be addressed; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS :
SECTION I . Section 9 . 02 . 300 of the Kent City Code is
hereby amended to read as follows :
�o�rceaCe'a '�c�ece
i
' I
I
�I
i
11
i
i
i
' Sec . 9 . 02 .300 . Domestic violence--Definition--Designation.
ns .
FeiF the
_9 seetien :
nee
y F l tiien F =e,3f: F t
F ene -
I . Family or household members means spouses , former
spouses, persons who have a child in common regardless of whether
,, they have been married or have lived together at any time, adult
persons related by blood or marriage, adult persons who are
presently residing together or who have resided together in the
past , persons sixteen (16) years of age or older who are
presently residing together or who have resided together in the
past and who have or have had a dating relationship, persons
sixteen (16) years of age or older with whom a respondent sixteen
(16) years of age or older has or has had a dating relationship,
and persons who have a biological or legal parent-child
relationship, including stepparents and stepchildren and
grandparents and grandchildren.
2
i
1
i
i
i
2. Dating relationship means a social relationship of a
romanic nature . Factors that the court may consider in making
this determination includes the length of time the relationship
has existed, the nature of the relationship, and the frequency of
interaction between the parties .
3 . Domestic violence includes but is not limited to any of
the following crimes when committed by one family or household
member against another:
(a) Assault KCC 9 . 02 . 28
(b) Provoking Assault KCC 9 . 02 . 30
(c)_ Harrassment KCC 9 . 02 . 43
I
d) Telephone Calls to Harass . Intimidate Torment or
Embarrass KCC 9 . 02 . 44
) Discharge of Firearms or Dangerous Instrumentalities
KCC 9 . 02 . 48
f) Criminal Trespass KCC 9 . 02 . 56
(q) Third Degree Theft KCC 9 02 60
(h) Reckless Endangerment KCC 9 02 120
M Coercion KCC 9 . 02 . 120
H )_ Malicious Mischief in the Third Degree KCC 9 02 120
() Vehicle Prowling KCC 9 . 02 . 120
1) Violation of a No Contact Order KCC 9 02 302
m) Violation of a Protection Order KCC 9 02 304
() Violation of a Restraining Order KCC 9 02 306
3
i
i!
I
I
) Violation of Civil Anti-hara sm nt Protection Order
KCC 9 . 02 . 308
E
) For the purpose of this section "victim" means a
family or household member who has been sub 'ected to domestic
; violence .
SECTION 2. Severability. If any section, sentence,
clause or phrase of this ordinance should be held to be invalid
or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity
or con stitutionality- of any other section, sentence, clause or
,, phrase of this ordinance .
SECTION 3. Effective Date. 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
4
i
i
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
i
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
domesdef.ord
5
i�
Kent City Council Meeting
Date Anril 2 . 1996
Category Consent Calendar
1. SUBJECT: INATTENTIVE DRIVING PENALTY AMENDMENT
2 . SUMMARY STATEMENT: Adoption of ordinance No. - 2-` '� amending
the Kent City Traffic Code to change the mandatory penalty for
inattentive driving.
3 . EXHIBITS: ordinance
4 . RECOMMENDED BY: Public Safety
(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. 3E
li
I
!i
ORDINANCE NO.
i
!i
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Section
9 . 36 . 020 of the Kent City Code relating to
the mandatory penalty for inattentive
driving.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON -DOES
HEREBY ORDAIN AS FOLLOWS :
i
SECTION I . Section 9 . 36 . 020 of the Kent City Code is-
i
hereby amended to read as follows :
Sec. 9 .36 . 020 . Inattentive driving.
A. It is unlawful for any person to operate a motor vehicle
in an inattentive manner over the highways of the city.
B. For the purpose of this section - -inattentive " means the
operation of a vehicle upon the public highways of the city in a
lax or slack manner.
C. The offense of operating a vehicle in an inattentive
manner shall be considered to be a lesser offense than, but
included in the offense of operating a vehicle in a negligent
1
manner.
I
it
i
i
D. Any person violating the provisions of this section is
guilty of a traffic infraction and the mandatory penalty will be
-f-sever sixes-six dollars ($44--- 5-6 00) .
i
SECTION 2. Severability. If any section, sentence,
'. clause or phrase of this ordinance should be held to be invalid
I
or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity
or constitutionality of any other section, sentence, clause or
phrase of this ordinance .
SECTION 3. Effective Date. 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
2
i
1
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
traffic.ord
3
i�
Kent City Council Meeting
Date April 2 , 1996
Category Consent Calendar
1. SUBJECT: CORRECTION TO ZONING ORDINANCE -
2 . SUMMARY STATEMENT: Authorization to set April 16, 1996, for
a hearing date to consider amendments to the Single Family
Development Standards Ordinance (#ZCA-95-8) .
3 . EXHIBITS: None
4 . RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6. EXPENDITURE REOIIIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION•
Council Agenda
Item No. 3F
Kent City Council Meeting
Date April 2 , 1996
Category Consent .Calendar
1. SUBJECT: RIVERBEND DRIVING RANGE RE-LIGHTING PROJECT
2 . SUMMARY STATEMENT: Accept as complete the Driving Range
Re-lighting Project at the Riverbend Golf Complex, and release
retainage to RMA, Inc. upon receipt of state releases.
3 . EXHIBITS: None
4 . RECOMMENDED BY: Staff
(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. 3G
Kent City Council Meeting
Date April 2 , 1996
Category Consent Calendar
1. SUBJECT: EQUIPMENT RENTAL PURCHASES - AGREEMENTS
2 . SUMMARY STATEMENT: Tt bac barecommended by the Public '` + `'
-Wyrk - tt.j }o /*uthorizkPvthe Mayor to execute an agreement
with the City of Seattle and Island County for the purpose of
enabling the City to purchase three tractor, ers and one
backhoe from their equipment bid contractpao un`P rchasing this
equipment through these two agencies will provide a substantial
savings to Kent. The funds for this equipment been
approved in the 196 Equipment Rental budget.
3 . EXHIBITS: Public Works minutes and Public Works memorandum
4 . RECOMMENDED BY: Public Works Committee
(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. 3H
DEPARTMENT OF PUBLIC WORKS
March 27, 1996
TO: Public Works Committee
FROM: Don Wicicstro4Q
RE: Equipment Rental Purchases
Within the approved Equipment Rental budget is the authorization to purchase three
tractor mowers and one backhoe. Since this equipment was not on the State bidders
list, we are requesting authorization to execute an agreement with the City of Seattle
and Island County to purchase this equipment thru them, which will be at a
considerable savings.
ACTION: Recommend authorizing the Mayor to execute an agreement with City
of Seattle and Island County for the purpose of purchasing three tractor
mowers and one backhoe.
Stop Signs - Gowe Street
Wickstrom said that staff had mailed approximately 100 notices to the downtown area
requesting comments on the newly installed stop signs on Gowe Street of which 38 were returned.
In that number, there were varying comments on leaving the stop signs in place and others on
removing one or two of them. Clark noted that this is a paradox. Wickstrom than stated that prior
to the Committee taking any action, he suggested the Committee hold a public hearing after which
a decision could be made.
Committee concurred that a public hearing will be held at the April 10th Committee meeting.
Equipment Rental Purchases
Wickstrom said that we need to purchase three tractor mowers and one backhoe. These are not on
the state bidders list. They have been bid by the City of Seattle and bid by Island County. He asked
that the City execute an agreement with Seattle and Island County allowing us to enter in on their
bidding and use their suppliers.
Committee recommended authorizing the Mayor to execute an agreement with City of Seattle and
Island County for the purchase of three tractor mowers and one backhoe.
Amendment to Kent City Code
Brubaker stated that Section 7.03.020 of the Kent City Code relates to Garbage Solid Waste and
states that permits for hauling garbage will be issued by the City Clerk. Brubaker said that the City
Clerk has never issued any permits and would like to make this correction.
Committee recommended that the correction be made in Section 7.03.020 of the Kent City Code as
noted by the City Attorney.
Street Vacation - Russell Road
Wickstrom explained that this is part of the Lakes Development at the northerly end of Russell Road
where it ties into 228th. They have filed a petition to vacate and now we are requesting authorization
to set the hearing date for this vacation.
Committee recommended setting a hearing date for the Russell Road Street Vacation.
Valley Detention Facility
Wickstrom stated that in 1997 we will be landscaping and finishing the project. The plantings cost
associated with the project is approximately $1 million. This year the contractor should have the
facility complete and will be hydroseeding everything. In the '97 budget we are anticipating
2
Interlocal Purchase Agreement
In accordance with Chapter 39.34 RCW and Section 3.18 of the Seattle Municipal Code, the City
of Seattle ("City") and the State of Washington, and the City of Kent ("Kent") hereby agree to an
interlocal purchasing agreement ("Interlocal Agreement") for the purchase of a Case 580SL
Backhoe/Loader.
By this Interlocal Agreement, the City grants permission to Kent to use the terms, conditions,
and prices of the City's purchase contract #P5045440-27 with Western Power and Equipment,
subject to the following conditions:
1. Kent shall be responsible for the compliance with any or all varying laws and regulations
governing its contract with Western Power and Equipment.
2. Any purchases by Kent shall be affected by a purchase contract between Kent and Western
Power and Equipment. The City shall not be a party to any purchase contract between
Kent and Western Power and Equipment. When using the terms and conditions of City
Contract between Kent and Western Power and Equipment shall in each instance
substitute "The City of Kent" for "The City of Seattle" (or equivalent) in the contract
language, and may amend any contract provision to meet the needs of Kent and Western
Power and Equipment. The City shall not be bound by nor benefited by any of the terms
of the resulting purchase contract between Kent and Western Power and Equipment.
Kent agrees to include the following language in any such purchase contract with Western
Power and Equipment.
This purchase contract is subject to the terms and conditions of the City of Seattle
Contract P5045440-27. However, this purchase contract is between the City of Kent and
Western Power and Equipment, the City of Seattle is not a party to this purchase
contract".
3. The City of Seattle shall not be responsible for the performance of the purchase contract
between Kent and Western Power and Equipment.
4. The City of Seattle shall not be responsible for the payment to Western Power and
Equipment for any goods or services received by Kent.
MAR oe 196 03:ETPM CITY OF SEA PURCH 1206Z335155 C AR e, 1596 11: 13AM P•2i2 P.02
ut
FROM:CMNIFPx
S. In the event of a violation.of any Pros70n of this Interlocal Agreement, either party msy
ut in law for damages or in equity for specific performance. No waiver
initiate a proceed' 8 shall be conatrued, or operate, as a waives of any
oPfullpertbtmancehy either Party ¢avenues, and conditions of this Interlocal
subsequentviolation of any of"texnts,
gre n=t: Failureto mmcisa any right on any occasion shall not operate to forfeit such
p ude or waive the right to
a right on another occasion. Thcuse of one:remedy shall not excl
use:another.
Ciry of Kean city of S de
ura
Eddy T. Chu
i�
Title Title
Date / Date
City of Kent
Don Wickstrom
Title
Date
City of Kent
Jim White
Title
Date
HHlmap
l?R107
page 2 of 2
RECEIVED
MAR 12 1996
JOINT PURCHASE AGREEMENT P.Y OF INT
ONS
Pursuant to chapter 39.34 RCW,the Interlocal Cooperation Act,City of Kent and Island
County agree to participate in ajoint purchase agreement for the purpose of allowing the City
of Kent to acquire tractor/mowers under a bid award established by Island County.
WIIEREAS,Island County advertised for bids for"Four or more,new 1996
Tractors/Mowers"and received bids on January 11, 1996;whereas Island County awarded the
bid on January 22, 1996,to Tri-County Equipment&Rentals DBA Coastline Ford Tractor for
the purchase of 1996 tractor/mowers at a cost of$53,996.00 each(sst not included)and
whereas the invitation to bid,the Tri-County Equipment& Rentals DBA Coastline ford
Tractor bid, the summary of bids received,and the letter of award are attached hereto as
Appendix A and are hereby incorporated by reference.
NOW THEREFORE, it is agreed that he City of Kent may purchase tractor/mowers from Tri-
County Equipment&Rentals DBA Coastline Ford"tractor under Island County's bid award
to the extent permitted by law or to the extent agreed upon between the City of Kent and Tri-
County Equipment& Rentals DBA Coastline Ford'tractor.
The City of Kent shall act as its own purchasing agent,being responsible for(1)contracting
directly with Tri-county Equipment&Rentals D13A Coastline Ford Tractor;(2) financing and
payment with its own funds under its own payment procedures: and(3)complying with all
applicable laws and regulations governing its own purchases.
The City of Kent hereby indemnifies and holds Island County harmless from any liability
which may be related in any respect to the equipment it purchases under this agreement.
The fleet manager of the City of Kent shall be responsible for administering this joiul
purchase agreement.
This agreement shall continue in force through December 31, 1996,or until the City of Kent
has completed its purchase of tractorhnowers. Upon termination,any equipment purchased by
the City of Kent shall remain the property of the City of Kent.
APPROVED this 4 day of APPROVED this day of
/f'} tt 1996 1996
BOARD OF ISLAND COUNTY
COMMISSIO �RS
BY: BY:
Mayor,City of Kent
ATTEST:
Clerk of a oard
OVED S" O PORM:
ZFIh yt�,
71 -•O
D�P4r'C f ' s "�✓+ 'Rrtcltrnr,
�S
11-f1t
Kent City Council Meeting
Date April 2 . 1996
Category Consent Calendar
1. SUBJECT: VALLEY DETENTION PROJECT D-
2 . SUMMARY ST EMENT: As recommended by the Public Works
committee, ffuthorizati0
transfer $230, 000 from the 1993
Drainage Bond fund (D16) to e Valley Detention fund (D36) for
the construction of a nursery. �` `a1 nursery would eliminate
-eu-r contracting out for landscape plantings. There is
approximate) $230, 000 of unobligated funds in the 193 Drainage
Bond fund could be transferred to the Valley Detention
fund for this purpose.
3 . EXHIBITS: Public Works minutes and Public Works memorandum
4 . RECOMMENDED BY: Public Works Committee
(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. 31
Stop Signs - Gowe Street
Wickstrom said that staff had mailed approximately 100 notices to the downtown area
requesting comments on the newly installed stop signs on Gowe Street of which 38 were returned.
In that number, there were varying comments on leaving the stop signs in place and others on
removing one or two of them. Clark noted that this is a paradox. Wickstrom than stated that prior
to the Committee taking any action, he suggested the Committee hold a public hearing after which
a decision could be made.
Committee concurred that a public hearing will be held at the April 10th Committee meeting.
Equipment Rental Purchases
Wickstrom said that we need to purchase three tractor mowers and one backhoe. These are not on
the state bidders list. They have been bid by the City of Seattle and bid by Island County. He asked
that the City execute an agreement with Seattle and Island County allowing us to enter in on their
bidding and use their suppliers.
Committee recommended authorizing the Mayor to execute an agreement with City of Seattle and
Island County for the purchase of three tractor mowers and one backhoe.
Amendment to Kent City Code
Brubaker stated that Section 7.03.020 of the Kent City Code relates to Garbage Solid Waste and
states that permits for hauling garbage will be issued by the City Clerk. Brubaker said that the City
Clerk has never issued any permits and would like to make this correction.
Committee recommended that the correction be made in Section 7.03.020 of the Kent City Code as
noted by the City Attorney.
Street Vacation -Russell Road
Wickstrom explained that this is part of the Lakes Development at the northerly end of Russell Road
where it ties into 228th. They have filed a petition to vacate and now we are requesting authorization
to set the hearing date for this vacation.
Committee recommended setting a hearing date for the Russell Road Street Vacation.
Valley Detention Facility
�V Wickstrom stated that in 1997 we will be landscaping and finishing the project. The plantings cost
associated with the project is approximately $1 million. This year the contractor should have the
facility complete and will be hydroseeding everything. In the '97 budget we are anticipating
2
landscaping and we are proposing to construct a nursery rather than spending $1 million on plantings.
He said that a 5 acre parcel has been reserved in the project site to build a nursery for these wetland
plants. Wickstrom said we probably won't see any net savings out of the project cost but over a long
haul, when we have to maintain that facility as well as other projects involving wetland plantings, we
will have a nursery to provide those plantings. Wickstrom said that we don't want to take any money
from the project fund - we do have some in the '93 Drainage Bond Issue fund we want to allocate
for the nursery.
Bennett asked why this wasn't incorporated into the original plan when money was allocated for the
project. Wickstrom said that the issue is time frame. He said we need to plant in '97; we don't have
the money in '96 to build this nursery to have the plantings ready for the project in '97. He said the
money is there in'97 to do it all but we need to do this part now. In response to Bennett, Wickstrom
noted that we don't have any other nurseries in the City. Bill Wolinski explained that we received a
special grant from the State to work with the schools to establish a native plant buffer along the
power lines. He noted that this will be an educational and vocational opportunity for the students to
learn skills. Wickstrom noted that eventually we will need a nurseryman who will become the
overseer of the entire 300 acre project.
Committee recommended authorizing the transfer of$230,000 from the 1993 Drainage Bond fund
(D16)to the Valley Detention fund (D36).
Added Item: (Jim Benner) Stop Sign at 2nd & Cloudy
Wickstrom said we will bring the information we have on this subject to the next Committee meeting.
(April 1 Oth)
Meeting adjourned: 4:55 P.M.
3
DEPARTMENT OF PUBLIC WORKS
March 27, 1996
TO: Public Works Committee
FROM: Don Wickstrom��
RE: Valley Detention Project
The recent award of the above referenced project related to its basic construction.
Included in the '97 work. thereon will be the installation of plantings, the trail system
and the observation towers and etc. This work is estimated to cost $I,500,000 of
which $1,000,000 relates just to plantings. Instead of contracting out $1,000,000 on
landscape plantings we are proposing to constrict a nursery. With said nursery
operational, we then will be in a position to furnish a significant portion of the
plantings to the project.
While we don't anticipate a project cost saving (probably a wash in terms of total
cost) we do see savings over the long haul. Said savings will not just be in the
ongoing maintenance cost associated with this project but also with the initial capital
and maintenance costs of our other city projects, such as the 272nd Corridor
(approximately 9 acres of wetland mitigation), the 196th corridor (approximately 1
acre of wetland mitigation) and the Water Supply Impoundment project
(approximately 30 acres of wetland mitigation). The nursery also addresses the
ongoing maintenance needs associated with our existing landscaped Public Works
facilities and streets.
Within the 300 acres of the Valley Detention project site we have reserved
approximately 5 acres for said nursery. The cost to constrict said nursery is
estimated at $185,000 with approximately $50,000 to $60,000 in annual operating
costs.
Initially, we anticipate using volunteers supervised by our Public Works staff. With
the nursery and the Valley Detention facility, we also see many opportunities for
temporary youth employment. Long term wise, which may be as soon as the Valley
Detention project nears completion, there will be a need for at least, a full time
nursery person/detention facility overseer. Such a person would manage the nursery
and the Valley Detention facility. Keep in mind that the Valley Detention facility is
a 300 acre site. It will have a 30 acre pond, a paved trail system, an overlook, several
viewing towers and a paved visitor parking area.
You may be asking why is this matter being brought before the Committee. The
issue is funding. The funding for the plantings and the balance of the Valley
Detention improvement is in the '97 budget as was adopted per the approved 3 year
rate package.
In order to have the planting stocks available from the nursery for the '97 planting
season, the development of the nursery needs to occur this year. While the Valley
Detention fund (D36) has an estimated 5.5% contingency amount in it, we don't
want to touch that at this time. There is however about $230,000 of unobligated
funds left in the 1993 Drainage Bond fund (D 16) that could be transferred to the
Valley Detention fund to cover the development of the nursery and its associated
stocking costs. Because we believer development of the nursery will result in long
term savings to the city as well as addressing a present need per existing Public Works
facilities, we recommend the transferring of the funds.
ACTION; Authorize the transfer of $230,000 from the 1993 Drainage Bond fund
(D16) to the Valley Detention fund (D36)
14-0
Kent City Council Meeting
Date April 2 1996
Category Consent Calendar
1. SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT CONSORTIUM
STATUS
2 . SUMMARY STATEMENT: Authorization for the Mayor to send a
letter to County Executive Gary Locke stating that the City of
Kent desires to continue to participate as a pass-through City
in the King County BG Consortium for the years 1997-1999, $ate ao
the recommend�a�r -5 the G--i� Colannil Planning Committee.
3 . EXHIBITS: Staff memo, City Council Planning Committee minutes
of 3/19/96
4 . RECOMMENDED BY: Planning Committee
(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. 3J
CITY OF )ILLE22 J JS
PLANNING DEPARTMENT
(206) 859-3390 Jim White, Mayor
MEMORANDUM
March 26, 1996
MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS
FROM: LIN HOUSTON, HUMAN SERVICES MANAGER
SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
CONSORTIUM STATUS
Now that our population exceeds 50,000 it is our understanding that the City of Kent may qualify
as an Entitlement City and receive CDBG funds directly from the federal government.
We have been in contact with the local HUD office to confirm this and have been told by them
that the City of Kent is not at this time being considered for Entitlement status in 1997. HUD will
not tell us when we might be considered. Basically, they told us we need to wait until we are
notified. We believe that once the April population estimates are released, that HUD will then
offer Kent Entitlement status. This will probably not happen, though, until much later this year.
Even if HUD does notify us of our Entitlement status, the City has the option to remain in the
King County CDBG Consortium and receive its dollars as a pass-through from King County.
We cannot wait for HUD, as King County needs to know of our decision now, so that the
Consortium can proceed with its program planning for 1997. We are also in the process of
negotiating a new 3-year CDBG Interlocal Cooperation Agreement with the County and other
Consortium cities (for 1997-1999).
Staff did an analysis to determine the benefits of both options. We also reviewed this with Brent
McFall, and both he and human services staff feel that it is to the City's greatest benefit, both in
Program efficiency and effectiveness, to remain a part of the Consortium. Kent has 21 years of
excellent relationship with the County as part of the CDBG Consortium. As a pass-through City,
Kent retains local control over its program funds, while taking advantage of the administrative
assistance from the County in complying with time-consuming, staff intensive HUD regulations
and program monitoring. In addition, as part of the Consortium, the City benefits by receiving
additional dollars in the form of recaptured funds and program income generated by the
Consortium; Kent also receives additional services for its residents through regionally funded
programs such as the current Housing Stability Program.
The City Council Planning Committee considered this item at its March 19, 1996 meeting and
unanimously agreed that the City Of Kent should continue to participate as a pass-through City
in the King County CDBG Consortium for the years 1997-1999. Kent's share of the 1997 CDBG
entitlement is estimated at approximately $450,000.
2204th AVE SO /KENT WASH INGTON 98032S895/T'ELEPHONE C0fi1859-3300/FAX N 859-3334
To: Mayor Jim White and City Council Members
Re: CDBG Consortium Status
Page 2
If the City Council decides that it wants to remain as a Consortium partner it will need to approve
the new 1997-1999 CDBG Interlocal Cooperation Agreement sometime later this summer.
Recommended Action
The Mayor be authorized to send a letter to County Executive Gary Locke stating that
the City of Kent desires to continue to participate as a pass-through City in the King County
CDBG Consortium for the years 1997-1999.
LH/mp:a:cdbg.con
cc: Jim Harris, Planning Director
CITY OF J.S,\���
,1
Jim White, Mayor
CITY COUNCIL PLANNING COMMITTEE MINUTES
March 19, 1996 4:00 PM
Committee Members Present Other Citv Staff
Leona Orr, Chair John Hillman, Finance
Jon Johnson Joe Fielding, Public Works
Tim Clark
Planning Staff Other Guests
Jim Harris Fred High, Kent School
Fred Satterstrom District
Margaret Porter
Carolyn Sundvall City Attornev's Office
Lin Houston
Roger Lubovich
Laurie Evezich
CITY OF KENT COMMUNITY DEVELOPMENT BLOCK GRANT CONSORTIUM
STATUS - L. Houston
Human Services Manager, Lin Houston, updated the Committee on the current status of the City
of Kent Community Development Block Grant (CDGB) program(s). Currently, the City of Kent
is a member of the King County CDBG Consortium and receives funds as a pass-through City.
Now that the City exceeds a population of 50,000, the City may now qualify as an Entitlement
City. HUD confirmed this and will offer Kent an Entitlement status after the new population
figures are released. Although, King County needs to know the City's decision on this by the
end of March so that the Consortium can proceed with its program planning for 1997. In
addition, the City is in the process of negotiating a new three-year CDBG Interlocal Cooperation
Agreement with the County and other Consortium cities for 1997-1999.
Lin said as an Entitlement City, more staff would be needed because of intensive administrative
tasks and more time-consuming program monitoring of HUD regulations.
The benefits of remaining as a pass-through City are: (1) Continue With the 21-year, excellent
relationship with the County; (2) Kent retains local control over its program funds, while getting
the benefit of the County providing
Ci the intensive administrative and monitoring tasks; (3) As
being part of the Consortium, the ty benefits by receiving additional dollars in the form of
220 Jth AVE_SO- 1 KENT,WASHINCTON 9801_-"9�i TFT_FPHnVE ('06)SW-1700+FAX e 859-;
CITY COUNCIL PLANNING COMMITTEE MINUTES
MARCH 19, 1996
PAGE 2
recaptured funds and program income generated by the Consortium; and, (4) Kent receives
additional services for its residents through regionally funded programs such as the current
Housing Stability Program.
The following action was requested by the City Council Planning Committee:
1. The Mayor be authorized to send a letter to County Executive Gary Locke stating that
the City of Kent desires to continue to participate as a pass-through City in the King
County CDBG Consortium for the years 1997-1999.
2. Schedule this item for action at the April 2, 1996, City Council meeting.
Council member Jon Johnson MOVED and Council member Tim Clark SECONDED a motion
to approve the two(2) aforementioned actions. Motion carried.
LAND USE AND PLANNING BOARD ORDINANCE - (L. Orr)
Chair Orr reported this item was on tonight's Council agenda, and a recommendation was
needed. There was discussion on how the Committee members felt about the confirmation
process of board members. They proposed no changes.
There were a few minor changes to the ordinance on page three as follows: "The planning
department shall be responsible for preparing and updating the comprehensive plan, preparing
afid-ameftdinga- amendments to the zoning code, subdivision code and any other related codes or
ordinances."
Council member Jon Johnson MOVED and Council member Tim Clark SECONDED the motion
to approve the revised Land Use and Planning Board Ordinance as mentioned above. Motion
carried.
Chair Orr clarified that the new board would not take effect "until the land use and planning
board, as established pursuant to this ordinance, is convened and the bylaws for said board are
adopted" according to SECTION 2, Transition of Boards. This board will continue to meet until
the above is accomplished.
NRG BARRIERS PACIFIC INC ISSUANCE OF INDUSTRIAL REVENUE BONDS - (R.
Lubovich)
City Attorney, Roger Lubovich, reported this item is on the Council's agenda at tonight's
meeting. Pursuant to RCW 39.84.060, the City is required to approve the issuance of tax-
exempt nonrercourse revenue bonds of King County Economic Enterprise Corporation for the
1�
Kent City Council Meeting
Date ADril 2 , 1996
Category Consent Calendar
1. SUBJECT: DEPARTMENT OF COMMUNITY, TRADE & ECONOMIC
DEVELOPMENT GRANT ACCEPTANCE
2 . SUMMARY STATEMENT: Authorization to accept a grant in the
amount of $150, 000 received from DCTED (under the Growth
Management and Environmental Review Fund) to do a Downtown
Subarea Plan, and approval to proceed with the project. This
grant is matched from the general fund with $25, 000 of in-kind
match labor, and the $25, 000 set aside in the 1996 budget for a
Downtown Market Analysis.
3 . EXHIBITS: Planning Committee minutes
4 . RECOMMENDED BY: Planning Committee
(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. 3K
CITY COUNCIL PLANNING COMMITTEE MINUTES
MARCH 19, 1996
PAGE 3
benefit of NRG Barriers Pacific, Inc., but this approval shall not in any way be deemed to be
a review or approval of any development permit for the Project which may be in process, or
may be submitted at a future date for the project.
Council member Jon Johnson MOVED and Council member Tim Clark SECONDED a motion
to approve the resolution for action at tonight's Council meeting. Motion carried.
ADDED ITEMS:
ACCEPTANCE OF DCTED GRANT FOR $150,000 FROM DEPARTMENT OF
COMMUNITY TRADE AND ECONOMIC DEVELOPMENT (DCTED) - (F. Satterstrom)
Planning Manager, Fred Satterstrom, is requesting approval by the Committee to accept a grant
in the amount of $150,000 received from DCTED (under the Growth Management and
Environmental Review Fund) to do a Downtown Subarea Plan, and approval to proceed with the
project. This grant is matched with $50,000 general fund dollars, consisting of$25,000 in-kind
match of labor, and $25,000 from the general fund Downtown Market Analysis project dollars
allocated in the 1996 budget.
Council member Tim Clark MOVED and Council member Jon Johnson SECONDED a motion
to accept a grant in the amount of $150,000 received from DCTED (under the Growth
Management and Environmental Review Fund) to do a Downtown Subarea Plan, and approval
to proceed with the project. This grant is matched with $50,000 general fund dollars, consisting
of $25,000 in-kind match of labor, and $25,000 from the general fund Downtown Market
Analysis project dollars allocated in the 1996 budget. Motion carried.
REQUEST TO ADD ITEMS TO THE WORK SESSION ON 3/26/96 TO LAND USE
HEARING BOARD - (F. Satterstrom)
Mr. Satterstrom asked if the Committee would add some workshop items to the March 26, 1996
Land Use and Planning Hearings Board agenda. The Committee agreed to add Comprehensive
Plan Amendments (CPA-95-2 (A-F), and Stream Buffer Requirements.
ADJOURNMENT
The meeting adjourned at 4:50 p.m.
c:mp:pco31996.min
140
Kent City Council Meeting
Date April 2 . 1996
Category Consent Calendar
1. SUBJECT: AMENDMENT TO KENT CITY CODE REGARDING SOLID WASTE
PERMITS
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee, a #e is jfdopti°'drdinance No. 3 2 alamending
Section 7 . 03 . 020 of the ent City Code which denotes collection
by a collection company
3 . EXHIBITS: Public Works minutes and ordinance
4 . RECOMMENDED BY: Public Works Committee
(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. 3L
Stogy Signs - we Street
Wickstrom said that staff had mailed approximately 100 notices to the downtown area
requesting comments on the newly installed stop signs on Gowe Street of which 38 were returned.
In that number, there were varying comments on leaving the stop signs in place and others on
removing one or two of them. Clark noted that this is a paradox. Wickstrom than stated that prior
to the Committee taking any action, he suggested the Committee hold a public hearing after which
a decision could be made.
Committee concurred that a public hearing will be held at the April 1 Oth Committee meeting.
Equipment Rental Purchase
Wickstrom said that we need to purchase three tractor mowers and one backhoe. These are not on
the state bidders list. They have been bid by the City of Seattle and bid by Island County. He asked
that the City execute an agreement with Seattle and Island County allowing us to enter in on their
bidding and use their suppliers.
Committee recommended authorizing the Mayor to execute an agreement with City of Seattle and
Island County for the purchase of three tractor mowers and one backhoe.
Amendment to Kent City Code
Brubaker stated that Section 7.03.020 of the Kent City Code relates to Garbage Solid Waste and
states that permits for hauling garbage will be issued by the City Clerk. Brubaker said that the City
Clerk has never issued any permits and would like to make this correction.
Committee recommended that the correction be made in Section 7.03.020 of the Kent City Code as
noted by the City Attorney.
Street Vacation - Russell Road
Wickstrom explained that this is part of the Lakes Development at the northerly end of Russell Road
where it ties into 228th. They have filed a petition to vacate and now we are requesting authorization
to set the hearing date for this vacation.
Committee recommended setting a hearing date for the Russell Road Street Vacation.
Valley Detention Facile
Wickstrom stated that in 1997 we will be landscaping and finishing the project. The plantings cost
associated with the project is approximately $1 million. This year the contractor should have the
facility complete and will be hydroseeding everything. In the '97 budget we are anticipating
2
li
I�
it
i
ORDINANCE NO .
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Section
7 . 03 . 020 of the Kent City Code relating to
Garbage Collection by a collection company.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS :
SECTION I . Section 7 . 03 . 020 of the Kent City Code is
hereby amended as follows :
Sec. 7 . 03 . 020 . Garbage collection by collection company.
A. Garbage collections shall be made by garbage and refuse
collection companies as authorized by the city.
B . It shall be unlawful for any person, other than those
duly authorized by the city to haul garbage through the streets
of the city or to dump garbage . Those commercial and industrial
business establishments having permits to haul their own garbage
and refuse may continue to haul such garbage by annual permit .
Renewal permits shall be issued by the eity elea upon
Garbage Ordinance
i
'f
'iapplication and payment of the annual permit fee . The annual
permit fee shall be as follows :
i
1 . Permit holders hauling less than one hundred fifty
(150) tons of garbage per month, one hundred dollars
($100 . 00) ;
i
2 . Permit holders hauling greater than one hundred fifty
(150) tons of garbage per month, seven thousand five
hundred dollars ($7, 500 . 00) .
iAny permit holder, as provided for in this subsection, shall haul
garbage at least once a week for public health reasons .
C. This section does not apply to the occasional hauling by
residential customers of refuse to an approved site if the
minimum level of garbage service is paid for by the residential
customer.
SECTION 2. Severabi.lity. If any section, sentence,
clause or phrase of this ordinance should be held to be invalid
or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity
or constitutionality of any other section, sentence, clause or
phrase of this ordinance .
2
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I
I
I
I
j
SECTION 3. Effective Date This ordinance shall take
i
! 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
i
3
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
garbage.ord
4
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Kent City Council Meeting
Date April 2 , 1996
Category Other Business
1. SUBJECT: TERM LIMITS ORDINANCE
2 . SUMMARY STATEMENT: The City Council, during its regularly
scheduled meeting of March 19th, adopted Ordinance No. 3283
establishing term limits for the Mayor and the City Council.
On March 21st the Mayor vetoed this ordinance. This matter is
being presented to the GGuneil at the Council's request to
consider an override of the Mayor' s veto and the adoption of
this ordinance.
3 . EXHIBITS: Ordinance and memo from Mayor
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 �'U'�°�� seconds
override the Mayor' s veto of Ordinance No. 3283 ��. Q
saitte
DISCUSSION:
ACTION:
Council Agenda
Ite NO. 4A
MEMORANDUM
TO: Council President Houser and City Councilmembers HEORHEFROM: Jim White, Mayor D
MAR 2 1 1996
SUBJECT: Veto of Ordinance No. 3283
CITY OF KENT
DATE: March 21, 1996 CITY CLERK
This memorandum is to advise Council of my decision to VETO Ordinance No. 3283, Term Limits.
I am not vetoing this ordinance because of any personal political motives. Running for the office
of Mayor for three more terms is not in my plans. Therefore, the provisions of the term limits
ordinance will not apply to me. Rather, I am vetoing this ordinance due to my strongly held belief
that term limits are not appropriately applied to local government elected positions. The
combination of experienced Councilmembers and fresh ideas represented by new Councilmembers
such as we now have, and have almost always had, has proved to be very effective. Such a mix may
not be possible in a Council governed by term limits, as the passage of time alone rather than
competency and service will determine whether or not experienced Councilmembers can continue
in office. Furthermore, there has been no evidence presented that would indicate that term limits are
necessary in the City of Kent. City Council held two public hearings on this matter and received no
public testimony whatsoever. Clearly, this is not an action that has been sought by the voters of
Kent, nor does it appear to have any public support. Finally, I believe that term limits are an insult
to the voters of Kent. I believe that the voters have the intelligence and sophistication to elect their
Mayor and Councilmembers on their merits. The voters are perfectly capable of voting out an
incumbent when they determine that a better candidate exists.
For these reasons I am hereby transmitting my VETO to the Council, and have caused a copy to be
filed with the City Clerk. I urge Council to consider the reasons for my veto, and to sustain it.
White, Mayor
arch 21, 1996
-ORDINANCE NO. J ��
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapters
2 . 01 and 2 . 02 of the Kent City Code relating
to term limits for the Mayor and City Council
Members and further providing for other
amendments relating to compensation.
WHEREAS, the city Council, in reviewing its operations
as the legislative body for the City of Kent, has considered the
- issue of term limits for City Council members and the mayor; anc�
WHEREAS, as a result of said review, the City Council
finds it appropriate to adopt term limits and to make other
amendments to the code relating to Council members and the Mayor;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS :
TERM LIMITS
SECTION 1 . Chapter 2 . 01 of the Kent City Code is
hereby amended to read as follows :
CHAPTER 2 . 01 . CITY COUNCIL
Sec . 2 . 01 . 010 . Compensation of council members .
A. Pursuant to the provisions of RCW 35A. 12 . 070 each city
council member shall be paid a salary of five hundred dollars
($500 . 00) per month. Effective January 1, 1998 , each city council
member shall be paid a salary of five hundred fifty dollars
($550 . 00) per month. Additionally, effective January 1, 1998 ,
council member salaries shall be adjusted seventy-five (75)
percent of the Consumer Price Index-W (Seattle) for July 1, 1996
to July 1, 1997 . Each succeeding January 1, council member
salaries shall be adjusted seventy-five (75) percent of the
Consumer Price Index-W (Seattle) for the period of July to July
of the previous year. The duly elected president of the city
council shall be paid an additional salary of one hundred dollars
($100 . 00) per month in addition to the regular council member
salary. This additional salary shall not be subject to Consumer
Price Index adjustments as set forth herein.
B . Each council member may receive medical insurance
coverage benefits for himself or herself as is provided to full
time employees of the city. Additionally, each council member
2
may, at his or her expense, elect to obtain medical insurance
coverage benefits for his or her family as is provided pursuant
to city policy.
Sec. 2 . 01 . 020 . city council meetings .
The regular and other meetings of the city council shall be
held in the council chambers at the city hall unless otherwise
designated by majority of the city council at a regular or
special meeting . The regular meetings shall be held on the first
and third Tuesday of each month except that during the month of
December of each year, there shall be only one (1) regular
council meeting to be held on the second Tuesday of said month.
Special meetings shall be held as provided by law at such times
as may be designated. Regular meetings shall convene at 7 : 00 p .m.
If any such day of a regular meeting is a legal holiday, the
meeting shall be held on the next business day at the same hour.
Sec . 2 . 01. 030 . Term Limits for council members .
No person may serve on the City Council whether by election
or by appointment consecutive terms which exceed twelve (12)
years Terms previously served or terms currently being served
on the effective date of this provision shall not be counted as
art of the term limits established herein.
3
i
SECTION 2. Chapter 2 . 02 of the Kent City Code is hereby
amended to read as follows :
CHAPTER 2 . 02 . MAYOR
Sec . 2 . 02 . 010 . Compensation.
-L:�- Beginning January 1, 1994 , the base salary of the mayor
of the city shall be fifty thousand dollars ($50 , 000 . 00) per
year; the compensation reflecting the fact that the position of
the mayor of the city is a full-time position beginning on such
date . In addition to such change in salary, the mayor shall be
entitled to receive all benefits associated with full-time
employment with the city, as established by city policy for this
position. Such benefits may be adjusted from time to time, on a
city-wide basis , in accordance with city policy. Any adjustments
increasing benefits beyond those provided to full-time employees
and any increases in salary shall be by ordinance pursuant to RCW
35A. 12 . 070 .
4
Sec. 2 . 02 . 020 . as ena ---ter Term Limits for Mayor.
Kl'r'rr'janti,j
..a.�; z_ the L, emayer shall be
4
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shall
l L.ave ne F eree .7 f F- +
No person may serve as Mayor, whether by election or by
appointment consecutive terms which exceed twelve (12) years .
Terms previously served or terms currently being served on the
effective date of this provision shall not be counted as part of
the term limits established herein.
S_ r
G .7 l l /c'"tC nn�
alll be entitled ed shall Bete me-eed twee y
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SECTION 3 . If any one or n!ore secti-cns , sub--sections ,
or sentences of this ch-auter are held to be unconstitutional or
invalid, such decision shall net affect the validity of the
remaining portion of this Ordinance and the same shall remain in
full force and effect .
SECTION 4 . This Ordinance shall take effect and be in
force thirty (30) days from and after its passage, approval and
publication as provided by law.
JI ITE, MAYOR
6
ATTEST :
nnr n T nnnr.n CITY CLERK, DEPUTY
Don�Nt3 ScJAr.J
APPROVED AS TO FORM:
ROGA A. LU OVICH, CITY ATTORNEY
PASSED / day of ' 1996 .
APPROVED day of 1996 .
PUBLISHED �4 day of ��QJ7C h 1996 .
I hereby certify that this is a true copy of Ordinance
No. 3oZ g3 , passed by the City Council of the City of Kent ,
Washington, as
hereon indicated.
�/6YJir� . .h�isl� 'SEAL)
T CITY CLERK, TEPUi y
�o.UnJfj SWH tJ
re�.�
/'_0
Kent City Council Meeting
Date April 2 , 1996
Category Other Business
1. SUBJECT: BENSON HIGHLANDS PRELIMINARY PLAT SU-95-10
2 . SUMMARY STATEMENT: The Hearing Examiner has recommended
conditional approval of an application by Baima & Holmberg for
Keith Benson for a 13-lot single family residential preliminary
subdivision (SU-95-10) . The property is located at 11208
SE 244th Street in Kent.
3 . EXHIBITS: Staff memo, Fin ings and Recommendations, staff
report, and preliminary p t map
4 . RECOMMENDED BY: Hearing E aminer
(Committee, Staff, Exam ner, Commission, etc. )
5 . UNBUDGETED FISCAL PERSO EL IMPACT: NO ✓ YES
6. EXPENDITURE REQUIRED:
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moveJ, Councilmember ('�6 seconded «
4�
to accept/ the findings of the Hearing Examiner
and adopt/ the Hearing Examiner' s recommendation
of approval with thirty-eight (38) conditions of the Benson
Highlands 13-lot single family residential preliminary
subdivision. /
DISCUSSION:
ACTION:
Council Agenda
Item No. 4B
CITY OF )W� LJr'T
PLANNING DEPARTMENT
(206) 859-3390
Jim White, Mayor
MEMORANDUM
April 2, 1996
MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS
FROM: JAMES P. HARRIS, PLANNING DIRECTOR
SUBJECT: BENSON HIGHLANDS PRELIMINARY PLAT #SU-95-10
On December 6, 1995 and February 7, 1996 the Kent Hearing Examiner held public hearing's to
consider a request by Baima & Holmberg for Keith Benson for a I')-lot single family residential
preliminary subdivision. The property is approximately 3-79 acres in size, and is located at 11208
SE 244th Street, Kent, Washington. On February 22, 1996, the Hearing Examiner recommended
approval of this preliminary subdivision with the following conditions:
A. Prior to recordation of the Benson Highlands subdivision:
1. The subdivider/developer shall implement all mitigation measures required by any
Determination of Non-Significance for the SEPA checklist for the 'BENSON
HIGHLANDS' Subdivision. See DNS issued for#ENV-95-20.
2. The subdivider/ developer 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/ developer is
estimated at$13,884 based upon 13 PM peak hour 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 $1068 ( in 1986 dollars ) and
as adjusted for inflation.
3. The subdivider/ developer 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. The sewer system shall be
extended to Southeast 244th Street and along the entire plat frontage thereon,
and shall be sized to serve all off-site properties within the same service area.
b) A water system meeting domestic and fire flow requirements for all lots. The
system shall be looped to connect the water main on 112th Avenue Southeast
with the Southeast 244th Street water main.
c) A 32-foot wide paved roadway; concrete curbs and gutters; five foot wide
concrete sidewalks along both sides of the plat street; street lighting:
23041h AVE.SO.. /KENT.WASHINGTON 98032-5S95/TELEPHONE C'061359-3300-{FAX 4 859-3334
To: Mayor Jim White and City Council Members
RE: Benson Highlands Preliminary Plat 4SU-95-10
Page 2
landscaping; drainage facilities; street channelization; utilities and
ppurtenances, and cul-de-sac turnaround on the plat street, per City
Standards. This shall include a minimum 49-foot right-of-way along the
roadway and a minimum 51.5-foot (at right-of-way line -- 45-foot at curb
line) radius in the cul-de-sac turnaround, 25-foot radius curb returns, with
five 5 foot wide concrete sidewalks and three 3 foot wide utility strips,
35-foot radius curb returns with five-foot wide concrete sidewalks, at the
intersection of the plat street and Southeast 244th Street.
d) A half street widening/ improvement of Southeast 244th Street across the
entire subdivision frontage to City Standards for a Residential Collector
roadway, including in front of the existing two homes on Southeast 244th
Street. The paved half-street roadway width shall be 18 feet, and shall also
include street lighting; sidewalks; drainage facilities; street channelization;
utilities and appurtenances. NOTE: This is a change from the SEPA
conditions, since SE 244th Street was not designated as a bicycle route in
the City's Comprehensive Transportation Plan.
These improvements shall also include sufficient pavement to provide a
12-foot wide eastbound lane on the southerly side of the roadway centerline,
across the entire frontage of the subdivision; and necessary pavement
transitions to the existing pavement to the east and west of the subdivision.
In addition,the subdivider/ developer shall install "No Parking" signs across
the entire subdivision frontage on Southeast 244th Street.
Finally, these improvements shall include a overlay of the existing roadway
pavement, as necessary, to provide a 2% crown across the pavement; and, as
necessary to meet City Standards for roadway pavement section for a
Residential Collector roadway.
e) A minimum 6-foot wide gravel walkway along the northerly side of SE 244th
Street; between the westerly subdivision boundary and 109th Place SE.
f) A six foot wide paved walkway with graded gravel shoulders and with an
approved crossing over Garrison Creek, connectirig Road'A' with 112th Ave
Southeast.
To: Mayor Jim White and City Council Members
RE: Benson Highlands Preliminary Plat 4SU-95-10
Page 3
4• The subdivider/developer shall grant a ten-foot wide easement for public pedestrian
access across the westerly side of the panhandle of Lot 10, and across Tract 'A', to
provide for public access from Road 'A' to 112th Ave SE
The subdivider/developer shall execute a signal participation covenant for the future
installation of a traffic signalization system at the intersection of Southeast 244th
Street and 104th Avenue Southeast.
5. The approved and preserved, and/or enhanced or created wetland(s) and its (their)
buffer(s) shall be permanently protected as a separate sensitive area tract in
accordance with the Kent Wetland Management Code. This tract shall be consistent
with the wetland map contained within the Wetland Delineation Report and/ or
Wetland mitigation plan, as appropriate. The buffer areas shall be isolated from
intrusion and/or disturbance using landscaping, or other appropriate screens, as well
as an approved fence. The fifty foot wetland buffer (NGPE) shall be included in
Tract A and shown as such on the plat mylar.
6. Before, during, and after construction, fences and signs approved by the Department
of Public Works shall be placed at the wetland buffer edge to protect the wetlands
and their buffers, and to inform and educate the owners and the public about the
value of wetlands.
7. A wetland mitigation bond shall be deposited by the subdivider/developer with the
City,prior to any work within the wetland area. The amount of this mitigation bond
shall be 125% of the approved estimated cost for the construction, and maintenance
for three years, plus an additional 10% of the total cost to cover inflation and
administrative review.
8• A fifteen foot wide building setback line should be shown for each applicable lot as
determined by the Public Works Director. Fill slopes in this setback shall not exceed
3:1
9. Upper Garrison Creek. which flows through this subdivision, is a significant
waterway within the City of Kent, and requires a 50 foot-wide buffer for any
impervious surfaces. The City of Kent has recently let a contract for the Upper
Garrison Creek Conveyance, Phase Two project, which includes plans for an
improvement adjacent to, and downstream, of this subdivision. This subdivision
shall be designed/redesigned as necessary, to be consistent with these conveyance
plans, and shall meet the following criteria:
To: Mayor Jim White and City Council Members
RE: Benson Highlands Preliminary Plat 9SU-95-10
Page 4
a) The subdivider/developer shall dedicate a five (5)-foot wide permanent utility
easement along the northerly side of the subdivision, beginning at the
easterly right-of-way line of 112th Avenue Southeast, and proceeding
westerly to the westerly subdivision boundary.
b) The subdivider/developer shall reconstruct the existing Upper Garrison Creek
channel in accordance with the City's conveyance plans, between the easterly
right-of-way line for 112th Avenue Southeast and the westerly subdivision
boundary.
c) The proposed channel bottom for the creek bed is very close to the top of
pipe for the proposed sanitary sewer crossing. This potential conflict will
require that the subdivider/ developer install at least one section of ductile
iron sewer pipe centered along the channel, and require that the proposed
sanitary sewer crossing be provided with a minimum one foot of vertical
cover under the bottom of the channel.
d) Similarly, any crossing of the Garrison Creek channel by any water main will
require a minimum of a three (3) foot deep cover where it passes under
Garrison Creek.
e) The channel for Upper Garrison Creek shall not be routed through a culvert
pipe.
f) The pond access road and trail shall be relocated outside the wetland and
placed between Lots 10 and 11. A 12 foot wide gravel path to the detention
pond inlet area and to any appurtenant, maintainable structures will be
sufficient.
9. The subdivider/developer shall provide a survey of the existing channel for Upper
Garrison Creek by a licensed land surveyor. The existing creek shall be plotted on
the final plat map, as shall be a permanent 50-foot wide sensitive area easement to
be provided along each side of the creek, where it passes through this subdivision.
10. A Tract B shall be created for the public stormwater detention/infiltration and
treatment system. Only conveyance and biofiltration facilities are to be permitted
within the existing and accepted wetland buffers. New conveyance facilities,
detention and treatment ponds will not be permitted within the existing wetlands or
wetland buffer areas.
To: Mayor Jim White and City Council Members
RE: Benson Highlands Preliminary Plat 4SU-95-10
Page 5
11. The subdivider/developer shall execute a Declaration of Stormwater Facility
Maintenance Covenant prepared by the City's Public Works Department -- Property
Management Section, prior to the issuance of any development permit.
12. Lots 7, 8, 9, 10, and Tract B shall required a wooden rail fence along the wetland
buffer edge. a minimum of two sensitive area/wetland signs per lot shall be installed
or attached to the fence.
13. To mitigate for potential impacts to stormwater runoff quantity, the developer shall
construct an above-ground on-site detention system in accordance with Kent
Construction Standards for"Hill" development. Since this subdivision will discharge
directly into Upper Garrison Creek a major waterway within the City of Kent, the
following stormwater requirements for this subdivision are more restrictive than
would otherwise be required by the Kent Construction Standards.
a) An infiltration system is the preferred detention/ retention alternative, and
shall be required unless proven infeasible by the developer's Engineer.
b) Should infiltration prove infeasible for retention/ detention, the new storm
drainage detention system shall be an open detention pond.
c) Roof downspouts shall be directed to infiltration areas or trenches to allow
water to infiltrate into the ground and recharge the wetland. Stub-outs will
be provided for directing overflow into an approved conveyance system.
14. To mitigate for the potential impacts to stormwater quality, the developer shall
construct an above-ground stormwater treatment system in accordance with Kent
Construction Standards. Because this development will discharges directly into
Upper Garrison Creek, stormwater treatment for this development is restricted to the
following options in order of preference: infiltration after pretreatment (preferred),
wetpond, constructed wetland, biofiltration Swale, or any combination of the
preceding options acceptable to the Public Works Department.
15. A five foot wide drainage easement shall be conveyed to the City for the Garrison
Creek conveyance channel in the northwest comer. Channel improvements, as
designed by the Kent Public Works Department, shall be constructed by the
applicant/developer,
To: Mayor Jim White and City Council Members
RE: Benson Highlands Preliminary Plat#SU-95-10
Page 6
16. The developer shall submit detailed Grading and Temporary Erosion and
Sedimentation Control Plans to the City Public Works Department for review and
approval prior to any on-site work. Design of temporary erosion controls shall be in
accordance with Kent Construction Standards.
17. To prevent or minimize water pollution after construction, the site design shall
incorporate Best Management Practices, or BMPs, wherever practicable. BPMs are
specific structures or actions intended to prevent pollution at the source. Examples
of BMPs include storm drain stenciling, covered storage areas, periodic sweeping of
materials off of pavement surfaces before they can wash down into the storm drain,
and trash bins with impervious lids.
18. Dedicate five percent(5%) of the total plat area being developed as open space park
land or pay a voluntary fee in lieu of dedication as set forth in Ordinance No. 2975.
B. Prior to issuance of a development permit on any lot in the BENSON HIGHLANDS
subdivision:
1. The subdivider/developer shall construct the improvements noted in Section A,
above.
2. A tree plan for the general site, for the roadway, and for all individual lots showing
all trees six inches in diameter or greater, and their relationship to any proposed
structure,must be approved by the Kent Planning Department prior to approval and
construction of the final roadway design and prior to the issuance of a development
permit for any lot. No trees of six inch caliper or greater shall be removed from any
lot except to a tree plan approved by the Kent Planning Department.
JPH/mp:su9510.mem
CITY OF Oa u
C Jim White, Mayor
Planning Department (206) 859-3390/FAX(206)850-2544 =
James P.Harris,Planning Director
CITY OF KENT
OFFICE OF THE LAND USE HEARING EXAMINER
(206) 859-3390 Theodore P.Hunter
FINDINGS, CONCLUSIONS AND RECOMMENDATION Hearing Examiner
FILE NO: BENSON HIGHLANDS #SU-95-10
APPLICANT: Baima& Holmberg and Keith Benson
REQUEST: A request to subdivide approximately 3.79 acres into 13 sngle-family
residential lots.
LOCATION: The property is located at 11208 SE 244th Street in Kent, Washington.
APPLICATION FILED: 10/12/95
DETERMINATION OF
NONSIGNIFICANCE ISSUED: 5/25/95
MEETING DATE: 1216196 and
2/7/96
RECOMMENDATION ISSUED: 2/22/96
RECOMMENDATION: APPROVAL WITH CONDITIONS
STAFF REPRESENTATIVE: Fred N. Satterstrom, Planning Department
Matthews Jackson, Planning Department
Gary Gill, Public Works Department
Bill Wolinksi, Public Works Department
Kristin Langley, Public Works Department
Chief Berg, Fire Department
PUBLIC TESTIMONY: Shupe Holmberg
WRITTEN TESTIMONY: John Gardner, letter dated 11/6/95
220 Jth AVE.SO.. /KENT.WASHINGTON 98032-5895/TELEPHONE ('_'06i859-3300/FAX#859-3334
Hearing Examiner Findings and Recommendation
Benson Highlands
#SU-95-10
EXHIBITS: 1) Hearing Examiner file
2) Revised preliminary plat map with dated received of
1/12/96
3) Memorandum from Richard Chase, Environmental
Engineering, Kent Public Works, to Matt Jackson,
Planning, dated 1/18/96
4) Letter from John Gardner, dated 11/6/95, wherein
concerns regarding surface water runoff are expressed.
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 Keith Benson of Kent, Washington.
Exhibit 1, Application. The applicant was represented at the public hearing by Mr. Shupe
Holmberg, of Baima& Holmberg. Testimony of Mr. Holmberg.
2. The property proposed for subdivision is located at and behind 1128 South 244th Street.
Exhibit 1, Staff Report.
3. The property is 5.79 acres. The applicant proposes thirteen single family lots with the
smallest lot of 9.600 square feet. The applicant submitted a site plan dated received on
January 12, 1996, that shows all lots in conformance with minimum lot size requirements.
Exhibit 2, Site Plan.
4. The property is zoned R1-12, Single Family Residential with a 9,600 square foot minimum
lot size. The Comprehensive Plan Land Use Map designates the property as SF 3, Single
Family Residential with three dwelling units per acre maximum density. Exhibit 1, Staff
Report.
5. Land use all around the property proposed for subdivision is single family residential except
for an apartment complex near the northwest edge of the site. Exhibit 1, Staff Report.
6. There are some wetlands on the site. A wetland assessment and conceptual mitigation plan
has been prepared. The plan provides the information the city needs to mitigate impacts to
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Hearing Examiner Findings and Recommendation
Benson Highlands
#SU-95-10
these wetlands and the applicant has agreed to those mitigation measures. Exhibit 1, Staff
Report&MDNS; Wetland Assessment Plan prepared by Bredberg and Associates (Attached
in Exhibit], Staff File); Testimony of Mr. Jackson; Testimony of Mr. Holmberg.
7. The site would be accessed off of SE 244'h Street (classified as Residential Collector
Arterial) that carries less than 2,500 vehicle trips per day. The traffic impacts from the
proposed development would be 14 PM Peak Hour trips per day. Exhibit 2, MDNS. This
increase in number of vehicles will contribute to the congestion of surrounding streets if no
improvements are made to those streets. The applicant has agreed to mitigate traffic impacts
associated with the proposed development. Testimony of Mr. Shupe Holmberg; Exhibit 2,
MDNS.
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. An above-ground
stormwater treatment system is required to accommodate any increase in the rate of surface
water runoff that will be attributed to the proposed development. Without such measures,
the increase in the rate of runoff could be harmful to adjacent properties. Exhibit 4.
Conditions of approval are necessary to address concerns regarding stormwater runoff.
Exhibit 1, Staff Report; Testimony of Mr. Shupe Holmberg; Exhibit 1, MDNS.
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 25, 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, mitigation of impacts to wetland areas 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. At the public hearing on February 7,the Planning Department recommended approval of this
application subject to specific conditions. The applicant's representative testified that he
agreed the recommended conditions would mitigate impacts that would be caused by the
proposed development. Testimony of Mr. Jackson and Mr. Holmberg.
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Hearing Examiner Findings and Recommendation
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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 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.
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Benson Highlands
#SU-95-10
(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, 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 be APPROVED subject to the
following conditions:
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Benson Highlands
#SU-95-10
A. Prior to recordation of the BENSON HIGHLANDS subdivision:
1. The subdivider/developer shall implement all mitigation measures required by any
Determination of Non-Significance for the SEPA checklist for the 'BENSON
HIGHLANDS' Subdivision. See DNS issued for#ENV-95-20.
2. The subdivider/developer 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/developer is estimated at$13,884
based upon 13 PM peak hour 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 $1068 ( in 1986 dollars ) and as adjusted for inflation.
3. The subdivider/developer 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. The sewer system shall be extended
to Southeast 244th Street and along the entire plat frontage thereon, and shall be
sized to serve all off-site properties within the same service area.
b) A water system meeting domestic and fire flow requirements for all lots. The system
shall be looped to connect the water main on 112th Avenue Southeast with the
Southeast 244th Street water main.
c) A 32-foot wide paved roadway; concrete curbs and gutters; five foot wide concrete
sidewalks along both sides of the plat street; street lighting; landscaping; drainage
facilities; street channelization; utilities and appurtenances, and cul-de-sac
turnaround on the plat street, per City Standards. This shall include a minimum
49-foot right-of-way along the roadway and a minimum 51.5-foot(at right-of-way
line --45-foot at curb line) radius in the cul-de-sac turnaround, 25-foot radius curb
returns,with five 5 foot wide concrete sidewalks and three 3 foot wide utility strips,
35-foot radius curb returns with five-foot wide concrete sidewalks, at the intersection
of the plat street and Southeast 244th Street.
d) A half street widening/ improvement of Southeast 244th Street across the entire
subdivision frontage to City Standards for a Residential Collector roadway,including
in front of the existing two homes on Southeast 244th Street. The paved half-street
roadway width shall be 18 feet, and shall also include street lighting; sidewalks;
drainage facilities; street channelization; utilities and appurtenances. NOTE: This
is a change from the SEPA conditions, since SE 244th Street was not designated aQ
a bicycle route in the City's Comprehensive Transportation Plan.
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Hearing Examiner Findings and Recommendation
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These improvements shall also include sufficient pavement to provide a 12-foot wide
eastbound lane on the southerly side of the roadway centerline, across the entire
frontage of the subdivision; and necessary pavement transitions to the existing
pavement to the east and west of the subdivision.
In addition, the subdivider/ developer shall install "No Parking" signs across the
entire subdivision frontage on Southeast 244th Street.
Finally, these improvements shall include a overlay of the existing roadway
pavement, as necessary, to provide a 2% crown across the pavement; and, as
necessary to meet City Standards for roadway pavement section for a Residential
Collector roadway.
e) A minimum 6-foot wide gravel walkway along the northerly side of SE 244th Street;
between the westerly subdivision boundary and 109th Place SE.
f) A six foot wide paved walkway with graded gravel shoulders and with an approved
crossing over Garrison Creek, connecting Road 'A' with 112th Ave Southeast.
4. The subdivider/developer shall grant a ten-foot wide easement for public pedestrian access
across the westerly side of the panhandle of Lot 10, and across Tract 'A', to provide for
public access from Road 'A' to 112th Ave SE
The subdivider/developer shall execute a signal participation covenant for the future
installation of a traffic signalization system at the intersection of Southeast 244th Street and
104th Avenue Southeast.
5. The approved and preserved,and/or enhanced or created wetland(s) and its (their) buffer(s)
shall be permanently protected as a separate sensitive area tract in accordance with the Kent
Wetland Management Code. This tract shall be consistent with the wetland map contained
within the Wetland Delineation Report and/or Wetland mitigation plan, as appropriate. The
buffer areas shall be isolated from intrusion and/or disturbance using landscaping, or other
appropriate screens, as well as an approved fence. The fifty foot wetland buffer (NGPE)
shall be included in Tract A and shown as such on the plat mylar.
6. Before, during, and after construction, fences and signs approved by the Department of
Public Works shall be placed at the wetland buffer edge to protect the wetlands and their
buffers, and to inform and educate the owners and the public about the value of wetlands.
7. A wetland mitigation bond shall be deposited by the subdivider/ developer with the City,
prior to any work within the wetland area. The amount of this mitigation bond shall be 125%
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Hearing Examiner Findings and Recommendation
Benson Highlands
#SU-95-10
of the approved estimated cost for the construction, and maintenance for three years,plus an
additional 10% of the total cost to cover inflation and administrative review.
8. A fifteen foot wide building setback line should be shown for each applicable lot as
determined by the Public Works Director. Fill slopes in this setback shall not exceed 3:1
9. Upper Garrison Creek, which flows through this subdivision, is a significant waterway
within the City of Kent,and requires a 50 foot-wide buffer for any impervious surfaces. The
City of Kent has recently let a contract for the Upper Garrison Creek Conveyance, Phase
Two project, which includes plans for an improvement adjacent to, and downstream, of this
subdivision. This subdivision shall be designed/ redesigned as necessary, to be consistent
with these conveyance plans, and shall meet the following criteria:
a) The subdivider/developer shall dedicate a five (5)-foot wide permanent utility
easement along the northerly side of the subdivision, beginning at the easterly right-
of-way line of 112th Avenue Southeast, and proceeding westerly to the westerly
subdivision boundary.
b) The subdivider/developer shall reconstruct the existing Upper Garrison Cre-'-
channel in accordance with the City's conveyance plans, between the easterly rigL
of-way line for 112th Avenue Southeast and the westerly subdivision boundary.
c) The proposed channel bottom for the creek bed is very close to the top of pipe for the
proposed sanitary sewer crossing. This potential conflict will require that the
subdivider/developer install at least one section of ductile iron sewer pipe centered
along the channel, and require that the proposed sanitary sewer crossing be provided
with a minimum one foot of vertical cover under the bottom of the channel.
d) Similarly,any crossing of the Garrison Creek channel by any water main will require
a minimum of a three (3) foot deep cover where it passes under Garrison Creek.
e) The channel for Upper Garrison Creek shall not be routed through a culvert pipe.
f) The pond access road and trail shall be relocated outside the wetland and placed
between Lots 10 and 11. A 12 foot wide gravel path to the detention pond inlet area
and to any appurtenant, maintainable structures will be sufficient.
9. The subdivider/developer shall provide a survey of the existing channel for Upper Garrison
Creek by a licensed land surveyor. The existing creek shall be plotted on the final plat map,
as shall be a permanent 50-foot wide sensitive area easement to be provided along each side
of the creek, where it passes through this subdivision.
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Hearing Examiner Findings and Recommendation
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10. A Tract B shall be created for the public stormwater detention/infiltration and treatment
system. Only conveyance and biofiltration facilities are to be permitted within the existing
and accepted wetland buffers. New conveyance facilities,detention and treatment ponds will
not be permitted within the existing wetlands or wetland buffer areas.
11. The subdivider/developer shall execute a Declaration of Stormwater Facility Maintenance
Covenant prepared by the City's Public Works Department--Property Management Section,
prior to the issuance of any development permit.
12. Lots 7, 8, 9, 10, and Tract B shall required a wooden rail fence along the wetland buffer
edge. a minimum of two sensitive area/wetland signs per lot shall be installed or attached
to the fence.
13. To mitigate for potential impacts to stormwater runoff quantity, the developer shall construct
an above-ground on-site detention system in accordance with Kent Construction Standards
for "Hill" development. Since this subdivision will discharge directly into Upper Garrison
Creek a major waterway within the City of Kent,the following stormwater requirements for
this subdivision are more restrictive than would otherwise be required by the Kent
Construction Standards.
a) An infiltration system is the preferred detention/retention alternative, and shall be
required unless proven infeasible by the developer's Engineer.
b) Should infiltration prove infeasible for retention/detention, the new storm drainage
detention system shall be an open detention pond.
c) Roof downspouts shall be directed to infiltration areas or trenches to allow water to
infiltrate into the ground and recharge the wetland. Stub-outs will be provided for
directing overflow into an approved conveyance system.
14. To mitigate for the potential impacts to stormwater quality, the developer shall construct an
above-ground stormwater treatment system in accordance with Kent Construction Standards.
Because this development will discharges directly into Upper Garrison Creek, stormwater
treatment for this development is restricted to the following options in order of preference:
infiltration after pretreatment (preferred), wetpond, constructed wetland,biofiltration swale,
or any combination of the preceding options acceptable to the Public Works Department.
15. A five foot wide drainage easement shall be conveyed to the City for the Garrison Creek
conveyance channel in the northwest corner. Channel improvements, as designed by the
Kent Public Works Department, shall be constructed by the applicant/developer.
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Hearing Examiner Findings and Recommendation
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#SU-95-10
16. The developer shall submit detailed Grading and Temporary Erosion and Sedimentation
Control Plans to the City Public Works Department for review and approval prior to any on-
site work. Design of temporary erosion controls shall be in accordance with Kent
Construction Standards.
17. To prevent or minimize water pollution after construction, the site design shall incorporate
Best Management Practices, or BMPs, wherever practicable. BPMs are specific structures
or actions intended to prevent pollution at the source.Examples of BMPs include storm drain
stenciling, covered storage areas, periodic sweeping of materials off of pavement surfaces
before they can wash down into the storm drain, and trash bins with impervious lids.
18. Dedicate five percent(5%) of the total plat area being developed as open space park land or
pay a voluntary fee in lieu of dedication as set forth in Ordinance No. 2975.
B. Prior to issuance of a development permit on any lot in the BENSON HIGHLANDS
subdivision:
1. The subdivider/developer shall construct the improvements noted in Section A, above.
2. A tree plan for the general site,for the roadway, and for all individual lots showing all tre,
six inches in diameter or greater, and their relationship to any proposed structure, must be
approved by the Kent Planning Department prior to approval and construction of the final
roadway design and prior to the issuance of a development permit for any lot. No trees of
six inch caliper or greater shall be removed from any lot except to a tree plan approved by
the Kent Planning Department.
Dated this 22nd day of February, 1996.
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 Examinc
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Hearing Examiner Findings and Recommendation
Benson Highlands
#SU-95-10
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 rezone recommendation at a regularly scheduled public meeting within 30 days.
c:su9510.fin
11
CITY Of
Jim White, Mayor
KENT PLANNING DEPARTMENT
(206) 859-3390
STAFF REPORT FOR HEARING EXAMINER MEETING
OF DECEMBER 6, 1995 3:00 PM
FILE NO: BENSON HIGHLANDS #SU-95-10
APPLICANT: Baima & Holmberg, Inc.
100 Front Street South
Issaquah, WA 98027-3817
Keith Benson
PO Box 1048
Kent, WA 98035-1048
QUEST: A request to subdivide approximately 5.79 acres into 13
single family residential lots.
STAFF
REPRESENTATIVE: Matthews Jackson, Planner
STAFF
RECOMMENDATION: DENIAL
I. GENERAL INFORMATION
A. Description of the Proposal
The applicant proposes to subdivide one existing tax parcel into 13 single family
residential lots. Construction of a residential road to City of Kent standards will
be required to serve this plat. Approval of this application will produce twelve
new building lots.
B. Location
The subject property is located at and behind 11208 SE 244th Street.
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120.tth AVE.SO.. /KENT.WASHINGTON 9801'-5895/TELEPHONE CU6tX59-:7110/FAX-%59-1371
Staff Report
Benson Highlands
#SU-95-10
C. Size of Property
The subdivision proposal is approximately 5.79 acres in size.
D. Zoning
The subject property is zoned R1-12, Single Family Residential, with a 12,000
square foot minimum lot size. Properties in the vicinity of the site are zoned
R1-12 and R1-7.2 (Single Family Residential), and MRM, Medium Density
Multifamily.
E. Land Use
The City of Kent Comprehensive Plan Land Use Map designates the property as
SF 3, Single Family Residential, with a three dwelling unit per acre maximum
density. Neighboring land uses are mostly single family residential. An
apartment complex abuts the site on its northwest flank. The proposed
development on the subject property is consistent 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 January 4, 1995 to discuss issues regarding
this plat (#TSU-94-10). At this meeting the applicant was given preliminary
conditions of approval for this plat.
A lot line adjustment was executed on this property and recorded on July 28th,
1994 (LL-94-16). This lot line adjustment reconfigured three existing property
lines to preserve two existing residences on individual lots, outside the boundaries
of the proposed subdivision. This application covers Lot B of the adjustment.
H. ENVIRONMENTAL CONSIDERATIONS
A. Environmental Assessment
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A final Mitigated Determination of Nonsignificance (MDNS) was issued on May
25, 1995 (#ENV-95-20) subject to 15 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 site is characterized by gently rolling terrain. Slopes on the site average less
than ten percent. The applicant estimates the average slope on the site to be
approximately six percent. There are mature and significant trees located on the
property. The developer will have to submit a detailed tree plan for Planning
Department approval prior to development on any lot or the issuance of a grade
and fill permit
A City of Kent inventoried wetland is located on the site. As a condition of the
Mitigated Determination of Nonsignificance, the applicant was required to submit
a wetland delineation report and mitigation plan. A wetlands report titled
"Wetland Study, City of Kent," was submitted by Baima and Holmberg, Inc. and
prepared by Bredberg and Associates, Inc. out of Gig Harbor, Washington. This
report is dated November 13, 1995.
C. Significant Social Features
1. Street Svstem
The subject property has access to 100th Avenue SE which is classified as
a Residential Collector Arterial. 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 System
An existing 10-inch sanitary sewer is available to serve the property.
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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 Mitigated Determination of Nonsignificance.
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
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
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Benson Highlands
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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-3, Single Family Residential,
three 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.
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.
Policy 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
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Benson Highlands
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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.
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.
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.
Planning Department Comment
6
Staff Report
Benson Highlands
#SU-95-10
This proposed subdivision supports 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.
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
will be required to build a residential street to provide access. This will be a
dedicated public right of way which is integrated into the existing City road
network.
7
Staff Report
Benson Highlands
#SU-95-10
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 14 PM peak hour trips.
ECONOMIC DEVELOPMENT ELEMENT
Goal ED-2: Maintain a strong policy toward balanced community development.
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.
Planning Department Comment
The proposed preliminary plat will provide twelve 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.
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
8
Staff Report
Benson Highlands
#SU-95-10
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 R1-12, 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 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
9
Staff Report
Benson Highlands
#SU-95-10
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-3,
Single Family Residential, three units/acre maximum density.
2. The site is currently zoned R1-12, Single Family Residential, with a 12,000
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 January
4, 1995 (#TSU-94-10).
5. A Mitigated Determination of Nonsignificance was issued for the plat on
May 25, 1995.
6. There are significant trees of six inch or greater caliper located on the
property.
7. The site has access to SE 244th 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 DENIAL of the proposed Benson Highlands subdivision
due to the following circumstances:
Condition B. 7 of the Mitigated Determination of Nonsignificance reads, "Any preserved,
enhanced, or created wetland and its buffer shall be permanently protected as a separate
sensitive area tract in accordance with the City of Kent Wetland Management Regulations.
A 50 foot wide undisturbed or enhanced buffer area shall be isolated from intrusion and/or
disturbance using landscaping or other appropriate screen." The proposed site plan
submitted with this application shows Tract A. as a separate wetland tract. . However, the
site plan shows the required 50 foot wetland buffer as a Native Growth Protection
10
Staff Report
Benson Highlands
#SU-95-10
Easement as part of Lots 6 thru 11. The NGPE will have to be combined with Tract A,
and this will require a reconfiguration of lots to meet the minimum lot size requirements
of the zoning code.
In addition, Public Works staff will require the realignment of the proposed detention
pond. This may result in further adjustment to lot boundaries when Tract A is expanded
and if the developer is required to create additional wetlands due to loss of existing
wetland area. Public Works staff needs to review the calculations relating to the holding
capacity of any proposed pond to insure that its size is adequate to handle anticipated
stormwater runoff.
The applicant has the option to resubmit a new proposal with a new lot configuration
which reflects the requirements of the zoning code, wetland delineation/mitigation, and
stormwater detention. Staff recommends that the applicant work with the Public Works
and Planning Departments to insure that these concerns have been addressed.
The applicant may delay resubmittal to a later date to take advantage of pending changes
to single family development standards. These changes will include lot averaging which
will give property owners credit for land that is publicly dedicated. Although the overall
density on the site would have to conform to a 12,000 square foot minimum average, each
individual lot would not have to be 12,000 square feet to achieve this. The proposed
minimum lot size for the R1-12 zone would be 9,600 square feet. These proposed
standards were given approval by the City Council at their meeting on November 21,
1995, and the ordinance will be approved at their December 12th, 1995 meeting.
Theoretically, the ordinance would be in affect thirty days after City Council approval..
KENT PLANNING DEPARTMENT
November 29, 1995
c:su95IO.rpt
11
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APPLICATION NAME: Benson Highlands
NUMBER: #SU-95- 1 O DATE: December 6, 1996
"EQUEST: Preliminary Plat
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APPLICATION NAME: Benson Highlands
NUMBER: #su-gs- 1 o DATE: December 6, 1995
"QUEST: Preliminary Plat
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PRELIMINARY PLAT OF
j BENSO.N HIGHLANDS j
SU-95-10I
;111(1
Kent City Council Meeting
Date April 2 . 1996
Category Other Business
1. SUBJECT: MACK PRELIMINARY PLAT SU-95-2
2 . SUMMARY STATEMENT: The Hearing Examiner has recommended
conditional approval of an application by Baima & Holmberg for
William Finkbeiner for a 35-lot single family residential
preliminary subdivision. The property is located at 11047
SE 264th Street in Kent.
3 . EXHIBITS: Staff memo, Find gs and recommendations, staff
report, and preliminary plat map
4 . RECOMMENDED BY: Hearing
Exa finer
(Committee, Staff, Examin r, Commission, etc. )
1
5. IINBIIDGETED FISCAL PERSONNE IMPACT: NO ✓ YES
6. EXPENDITURE REOUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION: J
Councilmember�ti'�' movefi4, Councilmember '� �" secondsp
,«�.:z , tro ;o^� the findings s of the Hearing Examiner
to accept7----��_��� g
and adopter iit*/ aj-e,} the Hearing Examiner's recommendation
of approval with fifteen (15) conditions of the Mack 35-1ot
single family residential preliminary subdivision. j
DISCUSSION•
ACTION•
Council Agenda
Item No. 4C
CITY OF )1-0D?\11 t? JT
PLANNING DEPARTMENT
(206) 859-3390 Jim White, Mayor
MEMORANDUM
April 2, 1996
MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS
FROM: JAMES P. HARRIS, PLANNING DIRECTOR
SUBJECT: MACK PARK PRELIMINARY PLAT 9SU-95-02
On February 21, 1996 the Kent Hearing Examiner held a public hearing to consider a request by
Baima & Holmberg for William Finkbeiner for a 35-lot single family residential preliminary
subdivision. The property is approximately 10.89 acres in size, and is located at 11047 SE 264th
Street, Kent, Washington. On February 21, 1996, the Hearing Examiner recommended approval of
this preliminary subdivision with the following conditions:
A. Prior to recordation of the MACK PARK subdivision:
1. The Owner/developer shall comply with the mitigation conditions required by the
Determination of Non-Significance for the SEPA checklist for the 'MACK PARK'
Subdivision. See DNS issued for#ENV-95-59
2. The subdivider/ developer 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. The sewer system shall be
extended to Southeast 264th Street and along the entire subdivision frontage
thereon, and shall be sized to serve all off-site properties within the same
service area. The size, location, and depth shall be as determined necessary
by the Public Works Department. The sewer system should be located in
such a manner to provide gravity service to the Crozier/ Preikshat/Norder
properties westerly with a connection to the existing system in the vicinity of
108th Ave SE and SE 264th Street.
The Subdivider shall adjust the lot line of Lot 27 so that the north line of the
SW 1/4 of the NE 1/4 of the SE 1/4 of Section 27, Township 22N,Range 5E;
W.M. which intersects the east boundary line, when extended west would be
10' north of the new property line. The new property line would then be the
centerline of a 20' sanitary sewer easement for future sewer interceptor line
which will run east/west. No structure shall be constructed over sanitary
sewer easement. Lot 27 is per attached site plan dated 3/23/95 and revised
on 12/06/95.
220 4th AVE.SO.. /KENT.NASHINCTON 98032-5895/TELEPHONE t2061859-3300/-FAX k 859J334
To: Mayor Jim White and City Council Members
RE: Mack Park Preliminary Plat#SU-95-02
Page 2
The subdivider shall add a covenant to the plat informing property owners of
the tunnel operation for a future sanitary sewer interceptor line.
The existing sewer force main easement on the north edge of the Mack
Property (Soos Creek Water & Sewer District recorded 1994) should be
delineated along with the "as-built" location of the force main. The existing
location of the Mack house septic tank/drainfield should be delineated along
with provisions to keep it in service until the new gravity sewer main is
accepted for use and connected.
b) A water system meeting domestic and fire flow requirements for all lots.
The system shall be looped to connect the water main on 112th Avenue SE
with Southeast 264th Street water main. The water system should be
connected to the existing main located at the northwesterly corner of the
property.
The existing well location should be delineated and will need to be
abandoned per State of Washington requirements.
c) A 32-foot wide paved roadway; concrete curbs and gutters; five foot wide
concrete sidewalks along both sides of both subdivision streets; street
lighting; drainage facilities; street channelization; utilities and appurtenances;
and temporary cul-de-sac turnaround on the westerly subdivision boundary
on Southeast 264th Street, per City Standards. This shall include a minimum
49-foot right-of-way along the roadway and a minimum 51.5-foot ( at
right-of-way line --45-foot at curb line) radius in the cul-de-sac turnaround.
Thirty-five foot radius curb returns shall be provided at the internal
intersection of 112th Avenue Southeast and Southeast 264th Place.
d) Coordinate with the Kent School District and provide a minimum 10 foot
wide pedestrian trail paved with asphaltic concrete, along with a minimum
15 foot-wide pedestrian access easement along the easterly side of Lot 1 to
provide public access from Southeast 264th Street to Sequoia Junior High
School. Suitable lighting, and a chain-link fence shall be provided along the
full length of the trail. Note that the existing trail in the plat of Oakhill is not
adequate in and by itself.
3. Dedicate five percent (5%) of the total plat area being developed as open space
park land or pay a voluntary fee in lieu of dedication as set forth in Ordinance No.
2975.
To: Mayor Jim White and City Council Members
RE: Mack Park Preliminary Plat #SU-95-02
Page 3
4. The subdivider/ developer 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.
5. Lots 7, 8, and 9 will require a Fire Department turnaround per the approval of the
Kent Fire Marshal. This turnaround must be shown on the approved plat map and
mylar.
B. Prior to issuance of a building permit on any lot in the MACK PARK subdivision:
1. The subdivider/developer shall construct the improvements noted in Section A.,
above.
2. A tree plan for the general site, for the roadway, and for all individual lots
showing all trees six inches in diameter or greater, and their relationship to any
proposed structure, must be approved by the Kent Planning Department prior to
approval and construction of the final roadway design and prior to the issuance of
a development permit for any lot. No trees of six inch caliper or greater shall be
removed from any lot except pursuant to a tree plan approved by the Kent Planning
Department.
JPH/mp:c:su9502.mem
CITY OF ;Wt r'T
Jim White, Mayor
+rFr vscgA
P annmg epartment 206) 859-3390/FAX(206)850-2544
James P.Harris,Planning Director
CITY OF KENT
OFFICE OF THE LAND USE HEARING EXAMINER
(206) 859-3390 Theodore P. Hunter
Hearing Examiner
FINDINGS, CONCLUSIONS AND RECOMMENDATION
FILE NO: MACK PARK #SU-95-2
APPLICANT: BAIMA & HOLMBERG FOR WILLIAM FINKBEINER
REQUEST: A request to subdivide approximately 10.89 acres into 35 single-family
residential lots.
LOCATION: The property is located at 11047 SE 264th Street in Kent, Washington.
APPLICATION FILED: 12/13/95
DETERMINATION OF
NONSIGNIFICANCE ISSUED: 9/19/95
MEETING DATE: 2/7/96
RECOMMENDATION ISSUED: 2/21/96
RECOMMENDATION: APPROVAL WITH CONDITIONS
STAFF REPRESENTATIVE: Fred N. Satterstrom, Planning Department
Matthews Jackson, Planning Department
Bill Wolinski, Public Works Department
PUBLIC TESTIMONY: Greg Sears, applicant
WRITTEN TESTIMONY: None
EXHIBITS: 1) Hearing Examiner file
2) Wetland B Mitigation Reported prepared by B-12
Associates and dated 2/7/96
220 4th AVE-SO.. /KENT.WASHINGTON 98032-5895/TELEPHONE 1206)859-3100/FAY N 859-3334
Hearing Examiner Findings and Recommendation
Mack Park
#SU-95-2
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 William Finkbeiner of Bellevue,
Washington.Exhibit 1, Application. The applicant was represented at the public hearing by
Mr. Greg Sears, Land Use Consultant.
2. The property proposed for subdivision is located at 11047 SE 264' Street. Exhibit 1, Staff
Report.
3. The size of the property is 10.89 acres. The applicant proposes thirty five single family lots
with the smallest lot of 7,200 square feet. The applicant submitted a revised site plan dated
received on December 29, 1995,that shows all lots in conformance with minimum lot size
requirements. Exhibit 1, Site Plan.
4. The property is zoned both R1-7.2, Single Family Residential with a 7,200 square foot
minimum lot size and MRD, Duplex Multifamily Residential. The Comprehensive Plan
Land Use Map designates the property as Low Density Multifamily and SF 6, Single Family
Residential with six dwelling units per acre. Properties in the vicinity of the site share the
same zoning designations. Exhibit 1, Staff Report.
5. Land use around the property proposed for subdivision is single family residential and some
undeveloped land. 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 SE 2641 Street and 112 Avenue SE. Both streets are
classified as Residential Streets and have an average daily traffic count of less than 500
vehicle trips per day. The traffic impacts from the proposed development would be 34 PM
Peak Hour trips per day. Exhibit 1, MDNS. This increase in number of vehicles will
contribute to congestion of surrounding streets if no improvements are made. Improvements
should include street widening, lighting and walkways. Access to mass transit is also
2
Hearing Examiner Findings and Recommendation
Mack Park
#SU-95-2
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. Greg Sears; Exhibit 1, Mitigated Determination
of Nonsignificance (MDNS).
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. Greg
Sears; Exhibit 1, MDNS.
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 September 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 parks, utilities and
streets. Exhibit 1, MDNS.
10. The MDNS also required the applicant to prepare a wetland delineation report. This report
was submitted on the day of the hearing. Exhibit 2. The report notes that development of
the plat will result in the fill of a 5,539 square foot wetland. The wetland has very little
habitat value and serves primarily to detain stormwater runoff. The report proposes a 1:1
ratio of replacement for loss of this wetland area. Exhibit 2. The City testified that the
proposed mitigation options will result in compliance with City wetland ordinances.
Testimony of Mr. Wollinski.
11. Public notice of this application was given by posting, publication and mailing. Exhibit 1,
Affidavits of Harris and Holden.
12. At the public hearing, the applicant's representative testified that all conditions of approval
were acceptable and that the developer would comply with them. It was acknowledged that
the conditions of approval would mitigate impacts associated with the development of this
plat proposal. Testimony of Mr. Greg Sears.
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
3
Hearing Examiner Findings and Recommendation
Mack Park
#SU-95-2
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. IL
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,
4
Hearing Examiner Findings and Recommendation
Mack Park
#SU-95-2
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, 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. 3,4,5,6,7,8,9,10 &12.
RECOMMENDATION
The Hearing Examiner recommends that this preliminary plat application be APPROVED subject
to the following conditions:
A. Prior to recordation of the MACK PARK subdivision:
1. The Owner/developer shall comply with the mitigation conditions required by the
Determination of Non-Significance for the SEPA checklist for the 'MACK PARK'
Subdivision. See DNS issued for#ENV-95-59
2. The subdivider/ developer shall provide engineering drawings for review and
approval by the City, and either construct or bond for the following:
5
Hearing Examiner Findings and Recommendation
Mack Park
4SU-95-2
a) A gravity sanitary sewer system to serve all lots. The sewer system shall be
extended to Southeast 264th Street and along the entire subdivision frontage
thereon, and shall be sized to serve all off-site properties within the same
service area. The size, location, and depth shall be as determined necessary
by the Public Works Department. The sewer system should be located in
such a manner to provide gravity service to the Crozier/ Preikshat/Norder
properties westerly with a connection to the existing system in the vicinity of
108th Ave SE and SE 264th Street.
The Subdivider shall adjust the lot line of Lot 27 so that the north line of the
SW 1/4 of the NE 1/4 of the SE 1/4 of Section 27,Township 22N,Range 5E;
W.M. which intersects the east boundary line,when extended west would be
10' north of the new property line. The new property line would then be the
centerline of a 20' sanitary sewer easement for future sewer interceptor line
which will run east/west. No structure shall be constructed over sanitary
sewer easement. Lot 27 is per attached site plan dated 3/23/95 and revised
on 12/06/95.
The subdivider shall add a covenant to the plat informing property owners of
the tunnel operation for a future sanitary sewer interceptor line.
The existing sewer force main easement on the north edge of the Mack
Property (Soos Creek Water & Sewer District recorded 1994) should be
delineated along with the "as-built" location of the force main. The existing
location of the Mack house septic tank/drainfield should be delineated along
with provisions to keep it in service until the new gravity sewer main is
accepted for use and connected.
b) A water system meeting domestic and fire flow requirements for all lots.
The system shall be looped to connect the water main on 112th Avenue SE
with Southeast 264th Street water main. The water system should be
connected to the existing main located at the northwesterly corner of the
property.
The existing well location should be delineated and will need to be
abandoned per State of Washington requirements.
c) A 32-foot wide paved roadway; concrete curbs and gutters; five foot wide
concrete sidewalks along both sides of both subdivision streets; street
lighting; drainage facilities;street channelization;utilities and appurtenances;
and temporary cul-de-sac turnaround on the westerly subdivision boundary
6
Hearing Examiner Findings and Recommendation
Mack Park
#SU-95-2
on Southeast 264th Street,per City Standards. This shall include a minimum
49-foot right-of-way along the roadway and a minimum 51.5-foot ( at
right-of-way line--45-foot at curb line) radius in the cul-de-sac turnaround.
Thirty-five foot radius curb returns shall be provided at the internal
intersection of 112th Avenue Southeast and Southeast 264th Place.
d) Coordinate with the Kent School District and provide a minimum 10 foot
wide pedestrian trail paved with asphaltic concrete, along with a minimum
15 foot-wide pedestrian access easement along the easterly side of Lot 1 to
provide public access from Southeast 264th Street to Sequoia Junior High
School. Suitable lighting, and a chain-link fence shall be provided along the
full length of the trail. Note that the existing trail in the plat of Oakhill is not
adequate in and by itself.
3. Dedicate five percent (5%) of the total plat area being developed as open space
park land or pay a voluntary fee in lieu of dedication as set forth in Ordinance No.
2975.
4. The subdivider/ developer 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.
5. Lots 7, 8, and 9 will require a Fire Department turnaround per the approval of the
Kent Fire Marshal. This turnaround must be shown on the approved plat map and
mylar.
B. Prior to issuance of a building permit on any lot in the MACK PARK subdivision:
1. The subdivider/developer shall construct the improvements noted in Section A.,
above.
2. A tree plan for the general site, for the roadway, and for all individual lots
showing all trees six inches in diameter or greater, and their relationship to any
proposed structure, must be approved by the Kent Planning Department prior to
approval and construction of the final roadway design and prior to the issuance of
a development permit for any lot. No trees of six inch caliper or greater shall be
removed from any lot except pursuant to a tree plan approved by the Kent Planning
Department.
7
Hearing Examiner Findings and Recommendation
Mack Park
#SU-95-2
Dated this 22nd day of February, 1996.
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 rezone recommendation at a regularly scheduled public meeting within
30 days.
c:su952.fin
8
CITY OF �O\L L!2
' 79CTj 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 FEBRUARY 7, 1996 3:00 PM
FILE NO: MACK PARK #SU-95-2
APPLICANT: Baima& Holmberg, Inc.
100 Front Street South
Issaquah, WA 98027-3817
William Finkbeiner
12011 Bel-Red Road #206
Bellevue, WA 98005
RE UEST: A request to subdivide approximately 10.89 acres into 35
single family residential lots.
STAFF
REPRESENTATIVE: Matthews Jackson, Planner/GIS Coordinator
STAFF
RECOMMENDATION: APPROVAL with conditions
I. GENERAL INFORMATION
A. Description of the Proposal
The applicant proposes to subdivide one existing tax parcel into 35 single family
residential lots. Construction of a residential road to City of Kent standards will be
required to serve this plat. Approval of this application will produce 34 new building
lots. The average proposed lot size is 7,500 square feet.
I
2201ih AVE.SO.. /KENT.WASHINCTOS 98032-5895/TELEPHONE C05 859-3300/FAX k Rj9-33)J
Staff Report
Mack Park
#SU-95-2
B. Location
The subject property is located at 11047 SE 264th Street. The site is north of the
Tudor Square subdivision, and west of Oakhill.
C. Size of Property
The subdivision proposal is approximately 10.89 acres in size.
D. Zonin
The subject property is zoned R1-7.2, Single Family Residential,with a 7,200 square
foot minimum average lot size, and MRD, Duplex Multifamily Residential.
Properties in the vicinity of the site are zoned MRD to the north and R1-7.2 to the
west, south, and east.
E. Land Use
The City of Kent Comprehensive Plan Land Use Map designates the property as Low
Density Multifamily and SF-6, Single Family Residential, with a six dwelling unit
per acre maximum density. Neighboring land uses are mostly single family
residential. Undeveloped tracks of land abut the proposed development. The
proposed subdivision is consistent with the comprehensive plan land use map .
F. History
The subject property was annexed to the City of Kent on June 26, 1994 as part of the
Ramstead/East Hill annexation. Historically, a portion of this site has been used as
a blueberry farm.
A Tentative Plat meeting was held on April 25, 1995 to discuss issues regarding this
plat (#TSU-95-2). At this meeting the applicant was given preliminary conditions
of approval.
2
Staff Report
Mack Park
#SU-95-2
II. ENVIRONMENTAL CONSIDERATIONS
A. Environmental Assessment
A final Mitigated Determination of Nonsignificance (MDNS) was issued on
September 19, 1995 (#ENV-95-59) subject to 16 conditions. A copy of the MDNS
will be a part of the record for the preliminary plat.
B. Significant Phvsical Features
Topoeraohv and Vegetation
The site is characterized by gently rolling terrain. The applicant estimates the area
of steepest slope on the site to be approximately twelve percent. There are mature
and significant trees located on the property. The developer will have to submit a
detailed tree plan for Planning Department approval prior to development on any lot
or the issuance of a grade and fill permit
A wetland is located on the site. As a condition of the Mitigated Determination of
Nonsignificance, the applicant was required to submit a wetland delineation report
and mitigation plan. The Kent Public Works Department has received a wetland
delineation and mitigation plan for this plat. A final review and approval has not
been completed at this time, but a preliminary review of the delineation has been
generally accepted. There is the potential for minor adjustments to the 25 foot
wetland buffer boundary, but these minor adjustments should not affect the
buildability and zoning compliance of the proposed lots. Any additional information
regarding the wetlands will be addressed during the public hearing process.
C. Significant Social Features
1. Street Svstem
The subject property has access to SE 264th Street and 112th Ave SE which
are classified as Residential Streets. Both streets have a public right of way
width of 48 feet. The streets are improved with lanes of asphalt paving, curb
and gutter, sidewalks, and street lighting. The average daily traffic count on
both streets is less than 500 vehicle trips per day.
3
Staff Report
Mack Park
#SU-95-2
2. Water System
The site is served by a 10-inch water main.
3. Sanitary Sewer System
An existing 8-inch sanitary sewer is available 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
Mitigated Determination of Nonsignificance.
5. LIDs
No Local Improvement Districts exist at this time.
6. Fire
The applicant estimates the steepest slopes on the property to be twelve
percent. Lots with access grades exceeding twelve percent will require
residential sprinkler systems.
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
4
Staff Report
Mack Park
#SU-95-2
Seattle-King County Health Department
Washington Natural Gas
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,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 Low Density Multifamily and SF-6,
Single Family Residential, six units per acre maximum.
LAND USE ELEMENT
The land use element outlines the proposed general distribution and location of
various uses of land within the planning area. The land use element is designed to
guide where and when development happens, as well as the character of Kent's
development pattern.
Goal LU-1: Designate an urban growth area and Potential Annexation Area which
will define the City's planning area and projected city limits for the
next 20 years.
5
Staff Report
Mack Park
#SU-95-2
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.
Policy 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. This development will create 34 additional single family building sites.
The proposed densities in this development will help meet both city and county
housing targets.
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.
6
Staff Report
Mack Park
#SU-95-2
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.
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 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.
7
Staff Report
Mack Park
#SU-95-2
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
will be required to build a residential street to provide access. This will be a
dedicated public right of way which is integrated into the existing City 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 34 PM
peak hour trips.
ECONOMIC DEVELOPMENT ELEMENT
Goal ED-2: Maintain a strong policy toward balanced community development.
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.
8
Staff Report
Mack Park
#SU-95-2
Planning Department Comment
The proposed preliminary plat will provide thirty-four 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.
B. STANDARDS FOR GRANTING A SUBDIVISION
The purpose of the City of Kent Subdivision Code is to provide rules, regulations,
requirements, and standards for subdividing land in the City of Kent, insuring that
the highest feasible quality in subdivision will be attained; that the public health,
safety, general welfare, and aesthetics of the City of Kent shall be promoted and
protected; that orderly growth, development, and the conservation, protection and
proper use of land shall be insured; that proper provisions for all public facilities
(including circulation,utilities,and services)shall be made;that maximum advantage
of site characteristics shall be taken into consideration; that conformance with
provisions set forth in the City of Kent Zoning Code and Kent Comprehensive Plan
shall be insured.
Planning Department Comment
The proposed plat is in general conformance with the regulations of the Subdivision
Code. All proposed sewers, water mains, and other utilities will be required to
comply with applicable City requirements.
C. FEASIBILITY OF DEVELOPMENT ON PROPOSED LOTS
Development on most lots in the proposed subdivision will be subject to Zoning
Code requirements for development in the R1-7.2, Single Family Residential,zoning
district. The City of Kent has recently implemented revised single family residential
development standards which allow more flexibility in development design. Lots in
the area zoned MRD will have to meet the development standards of that zoning
district, however, for single family development in this zone, the requirements are
the same as in the Single Family districts. All lots must also comply with the tree
preservation ordinance.
9
Staff Report
Mack Park
#SU-95-2
Planning Department Comment
All proposed lots meet minimum lot size and width requirements of the R1-7.2 and
MRD zoning districts. Condition A.2.a. will required the adjustment of the northern
property line of Lot 27. However, this will not reduce the lot width to less than the
fifty feet required under the new development standards. The lot will be required to
meet the minimum lot size requirement in the zone at 5,700 square feet.
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 RI
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 Low
Density Multifamily, and SF-6, Single Family Residential, six units/acre
maximum density.
2. The site is currently zoned MRD, Duplex Multifamily Residential, and
R1-7.2, Single Family Residential, with a 7,200 square foot minimum
average lot size over the plat.
3. There is an existing single family residence located on proposed Lot 5.
4. Land uses in the immediate area are predominantly single family residential.
Some large open tracts of land are located next to the site.
10
Staff Report
Mack Park
#SU-95-2
5. A Tentative Plat meeting was held for the proposed subdivision on April 25,
1995 (#TSU-95-2).
6. A Mitigated Determination of Nonsignificance was issued for the plat on
September 19, 1995.
7. There are significant trees of six inch or greater caliper located on the
property.
8. The site has access to SE 264th Street and 112th Ave SE.
9. 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 Mack Park subdivision with
the following conditions:
A. Prior to recordation of the MACK PARK subdivision:
1. The Owner/developer shall comply with the mitigation conditions required
by the Determination of Non-Significance for the SEPA checklist for the
'MACK PARK' Subdivision. See DNS issued for#ENV-95-59
2. The subdivider/developer 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. The sewer system
shall be extended to Southeast 264th Street and along the entire
subdivision frontage thereon, and shall be sized to serve all off-site
properties within the same service area. The size, location, and depth
shall be as determined necessary by the Public Works Department.
The sewer system should be located in such a manner to provide
gravity service to the Crozier/Preikshat/Norder properties westerly
with a connection to the existing system in the vicinity of 108th Ave
SE and SE 264th Street.
11
Staff Report
Mack Park
#SU-95-2
The Subdivider shall adjust the lot line of Lot 27 so that the north line
of the SW 1/4 of the NE 1/4 of the SE 1/4 of Section 27, Township
22N, Range 5E; W.M. which intersects the east boundary line,when
extended west would be 10' north of the new property line. The new
property line would then be the centerline of a 20' sanitary sewer
easement for future sewer interceptor line which will run east/west.
No structure shall be constructed over sanitary sewer easement. Lot
27 is per attached site plan dated 3/23/95 and revised on 12/06/95.
The subdivider shall add a covenant to the plat informing property
owners of the tunnel operation for a future sanitary sewer interceptor
line.
The existing sewer force main easement on the north edge of the
Mack Property (Soos Creek Water& Sewer District recorded 1994)
should be delineated along with the "as-built" location of the force
main. The existing location of the Mack house septic tank/drainfield
should be delineated along with provisions to keep it in service until
the new gravity sewer main is accepted for use and connected.
b) A water system meeting domestic and fire flow requirements for all
lots. The system shall be looped to connect the water main on 112th
Avenue SE with Southeast 264th Street water main. The water
system should be connected to the existing main located at the
northwesterly corner of the property.
The existing well location should be delineated and will need to be
abandoned per State of Washington requirements.
c) A 32-foot wide paved roadway; concrete curbs and gutters; five foot
wide concrete sidewalks along both sides of both subdivision streets;
street lighting; drainage facilities; street channelization; utilities and
appurtenances; and temporary cul-de-sac turnaround on the westerly
subdivision boundary on Southeast 264th Street, per City Standards.
12
Staff Report
Mack Park
#SU-95-2
This shall include a minimum 49-foot right-of-way along the roadway
and a minimum 51.5-foot(at right-of-way line--45-foot at curb line)
radius in the cul-de-sac turnaround. Thirty-five foot radius curb
returns shall be provided at the internal intersection of 112th Avenue
Southeast and Southeast 264th Place.
d) Coordinate with the Kent School District and provide a minimum 10
foot wide pedestrian trail paved with asphaltic concrete, along with
a minimum 15 foot-wide pedestrian access easement along the
easterly side of Lot 1 to provide public access from Southeast 264th
Street to Sequoia Junior High School. Suitable lighting, and a chain-
link fence shall be provided along the full length of the trail. Note
that the existing trail in the plat of Oakhill is not adequate in and by
itself.
3. Dedicate five percent (5%) of the total plat area being developed as open
space park land or pay a voluntary fee in lieu of dedication as set forth in
Ordinance No. 2975.
4. The subdivider/developer 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.
5. Lots 7, 8, and 9 will require a Fire Department turnaround per the approval
of the Kent Fire Marshal. This turnaround must be shown on the approved
plat map and mylar.
B. Prior to issuance of a building permit on any lot in the MACK PARK
subdivision:
1. The subdivider/ developer shall construct the improvements noted in
Section A., above.
2. A tree plan for the general site, for the roadway, and for all individual lots
showing all trees six inches in diameter or greater, and their relationship
to any proposed structure, must be approved by the Kent Planning
Department prior to approval and construction of the final roadway design
13
Staff Report
Mack Park
#SU-95-2
and prior to the issuance of a development permit for any lot. No trees of
six inch caliper or greater shall be removed from any lot except pursuant
to a tree plan approved by the Kent Planning Department.
KENT PLANNING DEPARTMENT
January 30, 1996
asu952.rpt
14
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NUMBER: #SU-95-2 DATE: February 7, 1996
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CONTINUED COMMUNICATIONS
A.
R E P O R T S
A. COUNCIL PRESIDENT
B. OPERATIONS COMMITTEE
C. PUBLIC WORKS COMMITTEE
D. PLANNING COMMITTEE
E. PUBLIC SAFETY COMMITTEE
F. PARKS COMMITTEE
G. ADMINISTRATIVE REPORTS
Brenda jacober
City Clerk
PARKS COMMITTEE MEETING MINUL
MARCH 5, 1996
Council Present: Judy Woods, Chair; Connie Epperly; Jon Johnson
Staff Present: John Hodgson, Helen Wickstrom, May Miller, Lori Hogan,
Tracey Wickersham
Others Present: Jack Becvar, Kent Historical Society; Rod Saalfield, Bell Anderson
Insurance; Linda Johnson, Kent Saturday Market; Candy Howard,
Kent Saturday Market
Judy Woods opened the meeting by thanking John Hodgson, Helen Wickstrom and Lori
Hogan for updating the Committee at a recent workshop on Parks Department
projects, programs and development.
Linda Johnson of the Kent Downtown Partnership introduced Candy Howard as the
new coordinator of the Saturday Market and distributed the new vendor
brochure/applications.
Discovery Trust Fund:
Lori Hogan reported the Resource Center staff recently applied for and received a
$15,000 grant from the Department of Social and Health Services focused on
improvements in the Special Population program. Jon Johnson asked if staffing is
included; Lori confirmed that temporary staffing is included in the allocation of funds.
Jon Johnson moved to accept the Discovery Trust Fund grant for improvements to the
Special Populations programs. Connie Epperly seconded. Motion carried 3-0.
Meldrum Property
The Parks Department recently purchased the 3-story white house next to the Senior
Center. In order to maintain the joint egress/ingress with the Developer's property next
door, Parks had planned to remove or demolish the house Jack Becvar of the Kent
Historical Society attended the meeting to voice his interest in keeping the house for its
historic value. The house was built in the early 1900's and Jack feels it could be saved
and fully utilized as a museum gallery, overflow programs for the Senior Center,
musical programs, and room rental (it can seat 50-60 people). Jack distributed
pictures of the house to the Committee. Connie Epperly is also in favor of keeping the
house for historical value, but shared that each time a historical house is moved, it
loses value. Discussion followed including alternatives to moving the house, such as
changing the entrance to the Senior Center and keeping the house where it is, but
making changes to the property around the house. The Committee agreed moving a
3-story house would be very complicated. John added though it may cost $30,000 to .
move the house, It may also cost $30,000 to demolish a house of its size.
Parks Committee Meeting Minutes
March 5, 1996
Page Two
Jon Johnson felt that it would be best to keep the house where it is and make the
necessary changes to the surrounding property, or go ahead and demolish it. Jack
Becvar added the Historical Society will help in any way to keep the house where it is.
Judy Woods asked John to pursue the different avenues. John to research and report
back to the Committee in April.
King County Open Space/Bond Issue:
John Hodgson and Helen Wickstrom are members of the King County Open Space
Bond Committee. Helen Wickstrom attended the Steering Committee meeting that
afternoon. The Steering Committee is composed of elected officials and citizens from
suburban cities, Seattle, and King County. The Committee has been discussing the
proposal to allocate funds for critical resources. King County Council must have action
by July to place the Bond on the ballot in September The $250 million Bond will
provide funds for more recreation opportunities, open spaces in the urban area, and
enhanced protection of fisheries, agriculture, forestry and open space in rural areas.
The Steering Committee will present a 2-3 page summary on the potential allocation.
The Bond equals to $21.00 per household on a 20-year issue. Public meetings have
been scheduled for: March 26 in Redmond; March 28 in Auburn; April 1 in Renton; and
April 8 in Federal Way.
Bonnie Burke, the Bond Issue Consultant, will make a presentation to the City Council
that evening. Helen reported that by April the Citizens Oversight Committee will identify
what the threshold criteria will be and the M&O impact. John added there is an option
for grant matching funds and staff will be communicating with the community on the six
new master plans proposed for Kent parks. Judy Woods requested an informational
workshop for the committee when further information is available. Judy Woods
recognizeed that Helen Wickstrom needs additional help for Bond preparation and the
coordination of major grant applications due in the next two months.
The meeting then closed for Executive Session.
Upon returning to the meeting, Connie Epperly moved to amend the budget and
authorizes the transfer of $30,000 from the City Self insurance budget, "Judgements
and Damages Allowances, to construct or enhance the existing netting system at the
Riverbend Driving Range. Jon Johnson seconded. Motion carried 3--0.
Meeting adjourned at 6:05 p.m.
FUTURE FUNDING FOR PARKS AND OPEN SPACE
DESCRIPTION OF CRITICAL RESOURCE PROCESS AND POTENTIAL PROJECTS
PREPARED BY MEMBERS OF THE KING COUNTY OPEN SPACE CITIZENTS
OVERSIGHT COMMITTEE AND KING COUNTY STAFF
March 4, 1996
The Steering Committee, composed of elected officials from Suburban Cities, Seattle and King
County, have had several discussions on the proposal to allocate funds for critical resources in
the proposed bond. This paper was developed to help answer questions about process, and
provide examples of high priority projects that may be included in the bond. The examples used
in the paper are likely projects but many have not been thoroughly discussed with property
owners and interested communities, therefore, a substantial amount of work is necessary before
the process is complete. There are many more project ideas than contained in this document and
additional project examples can'[)--provided upon request.
The first question that many people ask is, why are we proposing a critical resources category for
the bond initiative? There are several answers. In our regional decisions on grow-Lh management.
further population growth and economic development were considered essential to the vitality of
the region. However. it was also recognized that growth means more development and more
people. In order to maintain the quality of life we expect in this region, we need to protect and
where possible restore our physical environment and the natural resources it provides. Overall
the proposed Parks and Open Space Bond would provide funds for more recreation opportunities.
open spaces in the urban area; and enhanced protection of fisheries, agriculture, forestry and open
space in the rural areas. The combined package helps people live and work in the urban areas
while protecting critical resources in the connected rural areas. We depend on these critical
resources for food, cultural needs and respite from the pressures of urban life.
The poll conducted in October 19015 for the bond showed that a significant percentage of citizens
polled support the need for protecting critical resources like salmon. We have also seen great
support for programs like the Farmlands Preservation Program.. Conservation Futures and
Waterways 2000 that work in a partnership with our communities. The proposed use of bond
funds for Critical Resources was advanced by the Steering Committee's Working Group of
citizens and government representatives. They suggested the development of projects which
foster agriculture and forestry, acquire more regional open space and protect salmon and wildlife.
They envisioned not a group of separate pots of money for each need.'--en a coordinated and
interconnected proposal of projects that serve multiple needs and works within the different
geographic areas throughout the County.
The process for developing critical resource projects would involve expanding the current
working g oup that now has representation from government, agriculture, forestry, fisheries and
wildlife. Members would be added to represent cities and the community in each of the five
major watersheds in the County. Applications for projects would be developed by jurisdictions
and forwarded to the working committee for initial screening with threshold criteria, then the
committee would develop geographic packages that maximized the benefits of agriculture,
forestry, open space, fisheries and wildlife. The packages would be reviewed by the COC and
approved by the Steering Committee.
Following in the remainder of this document are example projects for waterways, agriculture,
forestry, and regional open space. The document was developed by a number authors over a
couple of days so please excuse the lack of consistency in format and detail. The purpose ol.the
examples is to provide ideas for further understanding the potential for critical resources projects.
With the limited time to develop the document the examples come largely from County staff,
therefore there are no city examples of urban waterways or regional open space. In the final
package there will be a mix of projects in cities and unincorporated areas for regional open space
and urban waterways. Projects for agriculture, forestry and fisheries would be in the
unincorporated area where these resources are still of regional significance.
For questions about this document, please call Jim hsamer at 296-6585, or Terry Lavender at
885-3007.
Proposed Future Funding Initiative
Critical Resources Program
Waterways 2000 Acquisition and Restoration Example Projects
INTRODUCTION
Salmon, the single most significant symbol of the region's waterways, are in danger.
Annual salmon returns in King County are down significantly from 20 years ago. Lake
Washington has not supported a sockeye sport fishery for years and some runs are now
extinct. Many causes have contributed to this decline: commercial and sport fishing,
climatic variations, dams and other migration obstacles, and loss of critical spawning and
rearing habitat. While local government can not alleviate the effects of most of these
causes, it can work to protect threatened habitat.
Waterways 2000 is an approach to protect and restore salmon habitat in partnership with
local communities and property owners. King County and many cities have passed some
of the most stringent stream protection laws in the state, which go a long way in
protecting existing habitat. However, more is needed to assure the last remaining
resource-rich spawning and rearing areas are maintained. Through acquisition of critical
properties, purchase of conservation easements and tax relief to property owners,
Waterways 2000 can establish protected riparian corridors along the most productive
salmon streams. These corridors, where appropriate, can also provide wildlife networks
and opportunities for passive recreation. Because these streams tend to radiate out from
the urban area, the corridors can provide valuable open space and separators buffering the
rural areas from urban development.
Below are examples of projects within the major watersheds of the county, where habitat
still can produce historic levels of spawning and rearing for salmon. The amount of
information available for each watershed vanes in detail from the Cedar River, which has
been extensively studied by a management group representing multiple jurisdictions, to
the Snoqualmie Watershed where additional information is needed. With funds from the
Parks and Open Space Bond, most of the critical habitat for salmon could be protected as
well as completing a number of restoration projects where there are significant benefits
for the cost.
PROJECT HIGHLIGHTS
CEDAR/LAKE WASHINGTON WATERSHED
The lower Cedar River watershed (below the Seattle Water Department's Landsburg
Dam) was one of the six basins targeted by the Waterways 2000 pilot project, leading to
the specific identification of acquisition needs and costs. This watershed has also been
the subject of a basin plan overseen by King County, the City of Renton and state and
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tribal agencies, which has identified and estimated costs and benefits for 82 habitat
restoration projects. This plan will be transmitted to the County Council and the Renton
City Council shortly,but funding for most of the identified restoration projects remains
uncertain.
Acquisition
Six properties, identified by the Cedar River Legacy effort, would significantly benefit
salmonid habitat in the basin. The sites include three wetlands and properties along the
mainstem, and two tributaries for a total 227 acres. The estimated purchase price for
these six parcels is $7,830,000. Additional key sites include Wetland 69, near
Landsburg,that has potential to provide over-wintering habitat for coho salmon, and
acreage in the Spring Lake/Lake Desire area where the County currently owns 371 acres
of valuable habitat.
Restoration
1)LCR Wetland 937B -Excavate a groundwater-fed pond and channel complex suitable
for sockeye spawning in the floodplain. Total capital cost would be about$300,000 with
an estimated net gain in fish production potential of about 6,500 fish annually, of which
about 5,700 would be sockeye,the highest valued species for the basin.
2) Walsh Lake Diversion Ditch Enhancement-This ditch was excavated by the Seattle
Water Department to carry water of poor drinking quality away from the Landsburg
diversion. This projects proposes to enhance its carrying capacity by adding large woody
debris for cover and increased bed stability and planting conifer trees along its banks to
improve riparian conditions. Total capital cost is estimated at about$50,000 with an
estimated net gain of about 1,100 adult fish, of which about 560 would be sockeye.
3) Upper Tributary 0316A Restoration-A tributary affected by gravel mining and grazing
would be restored by stream fencing,revegetation, and addition of large'woody debris.
Total cost is estimated at about$35,000. The estimated net gain in production potential
would be about 500 adult fish annually, of which 361 would be coho salmon.
GREEN RIVER WATERSHED
The Middle Green River basin (between Howard Hanson Dam and the City of Auburn)
was one of the six basins targeted by the Waterways 2000 pilot project, leading to the
specific identification of acquisition needs and costs. Proposed restoration projects,
however, are at a significantly more preliminary stage, reflecting the initial views of an
interagency group of technical staff. The Ecosystem Restoration project, initiated by the
Corps of Engineers and locally sponsored by King County, should help formalize
priorities and restoration project proposals, working with the Green River Watershed
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Forum. Currently, most proposed projects are reconnections of the river to its tributaries
or its historic floodplain, including side channels and sloughs.
Acquisition
Three and a quarter miles of significant resources lands have been acquired along the
south bank of the Green River below O'Grady Park. Future acquisitions could include
conservation easements along the Green River that would provide linkage between
County properties at the confluence of Newaukum Creek and upstream to Whitney
Bridge Park. These purchases would strengthen the riparian corridor in this area.
Additional purchases could occur in reaches identified through the pilot program, such as
Wetland#5,properties around Bass Lake or near the Green River gorge, such as 40 acre
parcel just downstream from Flaming Geyser park.
Restoration
1) Brunner and Signani Slough Side Channel Reconnection and Restoration - Reconnect
and restore this major side channel system, which was cut off from the Green River by
realignment of a railroad grade during construction of the Howard Hanson Dam. This
would improve both spawning and rearing habitat for chinook, coho, and several other
major fish species of the basin. In total, approximately 1.6 linear miles of side channel
habitat would be restored. Preliminary project costs are estimated at approximately $1.1
million. An important aspect of this project is that it may be eligible for cost-shared
funding by the Corps of Engineers under its Section 1135 program,thus reducing the cost
to the local community.
2) Slaughterhouse Levee Removal - Remove levee, reconnect and restore oxbow slough,
purchase property and structures. The current levee configuration limits salmon refuge
during flood events and access to overwinter rearing habitat, which is severely limited
along the Middle Green River. This project is expected to be especially cost-effective, as
removed material from this site can be used for levee repair at high priority flood
protection sites farther downstream. Property owner may be willing to sell.
There are a number of other sites along the Middle Green River at which this type of
approach appears feasible.
3) O'Grady Park- Tributary Stream Bed Reconstruction - Culvert underneath park access
road is suspended at downstream end, creating fish passage barrier. Construct rock and.
log fish ladder below culvert to enable salmon, principally chum,to migrate upstream.
May require replacing culvert with wooden bridge as well. Project would restore access
to more than two miles of tributary stream habitat, for an estimated cost of$5 .000.
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SAMMAMISH WATERSHED
Two basins in the Sammamish Watershed, those of Bear and Issaquah creeks, were among
the seventeen basins originally targeted by Waterways 2000; Bear was then included in the
Waterways pilot project, leading to the specific identification of acquisition needs and
costs. Both Bear and Issaquah creek basins, as well as that of East Lake Sammamish,
have adopted basin plans that identify restoration projects.
Acquisition
Bear Creek Subbasin:
The 1995 Waterways 2000 program in Bear Creek has a short fall of$555,000 to acquire
properties and conservation easements on identified properties in reaches A through E.
Waterways has also identified nine forested parcels in the regionally or locally significant
resource areas of the Bear Creek Watershed whose acquisition would provide significant
benefits to salmonid habitat,with an estimated purchase price of$2.4 million.
Issaquah Creek Subbasin:
Hobart Properties, approximately 1,700 acres in the Upper Issaquah Basin -Issaquah
Creek is one of the three best lowland salmonid streams in King County. The headwater
tributaries draining this site have been recognized as Regionally Significant Resource
Areas; together, they contribute almost one-half of the streamflow to lower Issaquah
Creek,which is prone to frequent flooding. Large portions of the site are classified as
erosion hazard areas, including substantial areas of highly erosive ice-contact soils. The
site is currently being permitted for road construction to provide access for 85 residential
lots. Estimated cost for acquisition is approximately $8 million.
Restoration
Stream Corridor Riparian Wetland Revegetation below the Hobart Properties -
Revegetating the stream corridor and adding large woody debris to the stream channel
offers both immediate effectiveness and long-term benefit. This will also add to the
benefits of acquiring the upstream area. Estimated cost $183,700.
Bear Creek Tributary 0135 fish passage project - Impassable culvert needs replacement.
Important coho spawning tributary of Bear Creek. Estimated cost is $25,000.
Twelve residential and agricultural streamside and instream restoration projects along
Bear Creek and tributaries from Classic Nursery to Woodinville/Duvall road - Based on
the current Waterways 2000 program in the basin there is a genuine desire on the part of
many property owners to restore stream areas that they inadvertently impacted or purchased
in a degraded state. What they desire is the assistance,both technical and monetary,to take
corrective action. The proposed project area encompasses the current Bear Creek
Waterways reaches A,B & D and tributaries. These streams generally provide significant
habitat for six species of salmonids but have sections of stream needing habitat
improvement. Estimated cost is $350,000.
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SNOQUALMIE WATERSHED
Ten of the original seventeen Waterways 2000 target basins are located within the
Snoqualmie Watershed. Three basins--Patterson Creek, Griffin Creek, and Middle Fork
Snoqualmie--were included in the Waterways 2000 Pilot project, leading to the specific
identification of acquisition needs and costs. The Snoqualmie Watershed, lying as it does
outside of the SWM service area, has not had any basin plans developed that would
identify specific restoration projects. However, several planning efforts are underway that
will identify critical restoration needs:
• Snohomish Basin Regional Water Resources Planning, which will include an
inventory of salmon use and restoration needs;
• A basin-wide assessment of mitigation opportunities recently initiated by the
Washington State Department of Transportation; and
• A Watershed Analysis of the Middle Fork Snoqualmie, which the US Forest Service
is completing in concert with recreation planning efforts.
If local bond funds were available for restoration projects in the Snohomish Basin, their
benefits could potentially be multiplied if coordinated with planning and restoration
-efforts already being carried out by federal and state agencies and community groups.
Acquisition and restoration projects in the Patterson, Griffin and Middle Fork basins
include those listed below. Other basins in the watershed targeted by Waterways because of
their diverse populations of fish and largely forested condition are those of Harris, Stossel
and Tokul creeks and the Lower Tolt, Lower North Fork Snoqualmie, Lower South
Fork Snoqualmie and the Raging rivers.
Acquisition
Patterson Creek Valley Wetlands - Three key parcels, with a total of 70 acres, contain
critical wetlands recommended by Waterways 2000 for acquisition. Estimated cost:
$650,000.
Conservation Easements in Canyon Creek - Upper Canyon Creek is within the Urban
Growth Area, though it supports the most diverse spawning population of salmonids in the
Patterson Creek subbasin and currently remains largely bounded by unbroken blocks of
forest. Waterways recommended purchase of conservation easements. Estimated cost:
$525,000.
Completion of Oxbow Reach Acquisitions - Waterways 2000 was able to purchase a portion
of this forested corridor along the "oxbow reach" of the Middle Fork, but approximately
$250,000 is necessary to purchase the remaining 34 acres.
Restoration
Patterson Creek-Patterson Creek was dredged and channelized during the 1950s to allow
for farming of the valley floor. On many reaches, riparian vegetation was cleared to create
pastures. Habitat in these areas could be substantially improved by remeandering reaches
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of the creek, placing logs and boulders, revegetatirig stream banks, and-installing fences
in areas still used for livestock grazing. There is an excellent potential for partnerships
with the State Department of Transportation, which is planning improvements to -
Highway 202 and is looking for opportunities for offsite wetland mitigation. Another
partnership opportunity is to work with land owners and the Natural Resources
Conservation Service to restore former agricultural land.
Grin Creek-A Watershed Analysis was recently completed by Weyerhaeuser,
providing information on sensitive areas and fish resources to be used as a basis for forest
practice prescriptions. The Washington State Department of Ecology, in cooperation
with the Tulalip Tribe, other state agencies and conservation groups,has developed a
related restoration proposal involving abandonment of existing roads prone to erosion,
habitat enhancement projects, and identification of salmon blockages. The cost for these
projects is estimated at$126,000.
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Farmland Preservation &Agriculture SupDort Needs For Future Fundin
iz
Therefare two types of agriculture needs to be met by the Future Funding Initiative: Cost
sharing to implement Best Management Practices(13NIP) and acquisitions to preserve
additional farmland from conversion to more intensive uses. Further land preservation
activity should focus on, or even be limited to, existing Agricultural Production Districts
(APD)while 13W cost sharing should operate countywide to fulfill the requirements of
the Livestock Management Ordinance.
BMP Cost Sharin The Livestock Management Ordinance identifies implementation-of
Best Management practices as the key to making livestock agriculture more compatible
with efforts to maintain water quality and improve fish and wildlife habitat. Farming as a
land use activity is preferable to more intense development in most riparian areas but
implementation of BMPs is critical to maximizing the compatibility of agriculture and the
environment. Farm operators,however, balk at implementing BMPs because the cost of
their implementation does not directly benefit production. Therefore, a Iong term cost
sharing program to implement BMPs would be a major inducement to preparation of
"farm plans", would have positive impacts on the sustainability of farming as a desirable
land use and would directly benefit both water quality and fish and wildlife habitat. An
endowment of$5 million would provide between$250,000 to $350,000 annually for such
a cost sharing program.
1~armland Preservation As noted above, all further farmland preservation acquisitions,
whether of fea- or less-than-fee interests, should be targeted to maximize public benefit by
filling-in the existing APDs: On an area by area basis, the following strategies are intended
to coordinate various land preservation and use protection programs to maximize public
benefit of expenditures within the•APDs.:
1. Lower Green River APD: Within this APD virtually all remaining undeveloped lands
will be needed in the future for flood storage,wetlands mitigation, public recreational
use or farm production. All but 400 acres of this APD arc already preserved or
protected in some fashion. Additional farmlands need to be protected through outright
acquisition or acquisition of development rights but these and existing acquisitions
need to be leveraged by- or partnered with other public programs within and adjoining
this APD to maximize public benefit.
On the west side of the APD are five unprotected ownerships totaling over 230 acres
which were inundated with up to five feet of water in the February 1996 floods.
Preservation of these properties in their current undeveloped state would not only
augment the continuation of farming in this area but would also insure the storage of
some 1000 acre feet of flood water for the protection of downstream communities:
On the east side of this APD a number of smaller ownerships makeup some 100 acres
of unprotected property. While the Iong term preservation of these parcels would
provide little flood storage benefit, they compose a unique, historic farming
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neighborhood adjoining two regional trail systems and providing an unparalleled
combination of agriculture, recreation wildlife habitat and urban separation benefits..
Due to variables such as flood hazard and access, properties within this APD may vary
in value from$10,900 to $40,000/acre. Acquisition of 200-300 key acres in this APD
would, therefore, cost between$5 million and $10,000 million. Implementation of
livestock BNTs in this APD is not a high priority since animal keeping in this area is
on the wane.
2. Sammamish River APD. Only about 100 acres of undeveloped land within this APD
remain unprotected. Similar to the Lower Green APD,there are several programs that
would benefit from further public acquisitions with agriculture being the primary .
beneficiary but with both recreation and urban separation receiving significant benefits.
Development rights within the Sammamish Valley should approximate$20,000 to.
25,000/acre for a total of$2 to 2.3 million. Also like the Lower Green,livestock
keeping in the Sammamish is declining so that implementation of livestock BNIPs is
not a priority issue.
3 Upper Green River Valley,&Enumclaw Plateau D. Approximately 500 acres
remain unprotected in the Upper Green River Valley and these lands would have
significant fisheries,wildlife and wetlands benefits if retained in their undeveloped state
or limited to agriculture use. Development rights in this area may approximate
S10,000/acre for a$5 trillion total. However, acquisition of development rights on
250 acres of large, currently farmed properties in the western end of the valley could
maximize the benefit of such acquisitions for only $2 to $2.5 million. Livestock
keeping is an important part of agriculture in the Upper Gran River Valley and cost
sharing of BMPs would produce significant benefits for water quality and fisheries
enhancement in this area.
Unprotected Enumclaw plateau lands currently in agricultural use may exceed 2,000
acres. Preservation of these lands could have both wildlife and water quality benefits
in addition to sustaining agricultural production. However, the effectiveness of
purchasing development rights to maintain agricultural land.use on the Plateau.is
currently under discussion. In a livestock area such as the Plateau, it may be more
cost effective, at least in the short term,-to implement activity-enhancing programs
such as BMP cost sharing. Such programs can help both commercial- and non-
commercial farmers to sustain their operations while protecting and enhancing water
quality and fisheries habitat.
Development rights on the Plateau may exceed $4,000/acre for a total of$830003000
to preserve the remaining unprotected farmlands. A BNT cost sharing program to
assist just those livestock operations within the Newaukum Creek drainage could have
a significant water quality and fisheries enhancement impact as part of the $5 million
endowment to fluid cost sharing of BMPs.
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4. Snogualmie Valley APD. Upwards of 4000 acres within the Snoqualmic Valley AFD
are not now in the Farmlands Preservation Program. Most of these lands are located
within the flood plain and their continued use for farming would maximize public
benefit from not only agriculture production but also in minimb ing flood damage,
enhancing wildlife and fisheries habitat and protecting the visual resource. Due to the
existing flood constraints to development, acquiring development rights to additional
floodway properties in this area may have only limited impact. .Due to these
limitations, such development rights should be relatively inexpensive, only about
$1,500/acre for a total of$6 million. Livestock keeping is the primary agricultural
activity is this APD.and, while the Snoqualmie Valley is specifically exempted from
the Livestock Management Ordinance, cost sharing of FMP implementation in this
area may produce significant benefits to water quality and fisheries enhancement.
Regional Landscapes Working Forest Program -Needs for Future Funding
A portion of the future funding money devoted to conservation of working forest lands
should be reserved for strategic,highly leveraged acquisitions in the forest production
district. The majority of the funding,however, should be directed at the conservation of
the rural forest districts. The 61,000 acres of rural forest land provide about 25% of the
County's forest products as well as wildlife habitat,water recharge,recreation and
working open space.
The goal of conserving the over 90 square miles of rural forest land is far beyond any
sum of funding that can be generated by a bond measure. Most of these lands will be
preserved through the application of a broad array of incentives to encourage their
continued timber use and by shifting their development potential to more appropriate
locations on or off-site. The forest land funding, however, that will be provided by the
future funding measure is critical to the success of this integrated conservation strategy.
It will be used to:
1. Acquire conservation easement of full fee ownership to critical habitat and buffer
lands within the rural forest district that otherwise cannot be preserved.
2. Fund strategic acquisitions of rural forest lands that are components of large
transactions that principally rely on the transfer of densities and land trades.
3. Purchase and land bank in the underlying fee to rural forest land conserved by the
program where the original owner does not wish to continue to own the property. this
land would then be sold as permanently preserved working forest land to interested
parties.
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EXAMPLES OF POTENTIAL REGIONAL OPEN SPACE PROJECTS
1. Mountains to Sound Greenway
1. Acquire critical additions to edges of Cougar Mountain Regional Wildland Park to preserve viewshed,
minimize intrusions on park and trails stem and extend habitat corridors.
Cougar Mt Acquisition: Section 29 and 32,steep slopes @420 acres
Cougar Mt Acquisition: Section 27 at Old Town Newcastle, Parcel W-b
Cougar Mt Acquisition: Newcastle Queen drainage-Parcel E-f, 45 acres
Cougar Mt Acquisition: Far Country Creek/Deceiver Ridge Trail Easement-S-d
Cougar Mt Acquisition: Quarry on SR-900
Cougar Mt Acquisition: Licorice Fern, Cougar Ridge Parcel W-a, Klondike Swamp Overlook, Peggy's trail,Deleo Wall,shortfalls
Cougar Mt Acquisition: 100 acres of site adjacent to Military Road and Red Town-parcels C-al, C-a2
Cougar Mt Acquisition: Lower Tibbets Creek and Claypit, Sections 29 and 30, E-c
Cougar Mt Acquisition: Precipice trail @ 65 acres from Lewis Creek Canyon to CM Parcel N-a
Squak Mtllssaquah South Acquisition: Visually prominent slopes just south of Issaquah(86 acres)
II. Acquire lands to link Grand Ridge Open Space, Duthie Hill and Fall City Parks to Mitchell's Hill DNR site to
provide trail linkage, major habitat corridor connection and maintain the visual quality of this segment of the
scenic corridor along 1-90.
III. Habitat Corridor. Acquire missing link in habitat corridor that begins at Lake Washington and continues
through the Cascade Mountains and north to Canada.(Potential to be partnered with forestry project.)
IV. Acquire major cultural heritage properties in the MTS Greenway that also provide habitat connections,
scenic value and preserve identity and separation between development of North Bend and Snoqualmie.
Tollgate Farm: Pursue partnership with North Send/Snoqualmie and Mountains to Sound Greenway Trust to acquire Tollgate Farm, a
major parcel in the greenway providing habitat connection,scenic and cultural resources.
Preston Mill Site: Pursue partnerships for acquisition of this cultural site as a major feature of the Mountains to Sound Greenway that
could serve as park,freeway rest stop and interpretive area.
V. Acquire major holdings in the Greenway that protect headwaters of Issaquah Creek, provide major habitat
area and habitat connection to watershed,and preserve extensive trail system.Also includes flood prevention,
forestry and waterways values.
VI: Acquire additions to Rattlesnake Ridge in conjunction with potential partners; State DNR, MTS Greenway
biosolids program,forestry initiative,etc.
Rattlesnake Ridge North Acquisition: 240 acres on north side for viewshed and wildlife corridor
Rattlesnake West Acquisition: Plum Creek, Sections 1 and 7
Rattlesnake Ridge Acquisition: Wildlife connection to Tiger Mt
VII: Acquire lands in the Snoqualmie River Valley for passive recreation,habitat and scenic values and to
support flood reduction efforts.
Tolt-McDonald Addition:Acquire large wooded upland parcels adjacent to park to expand park and prevent clearing,erosion of slopes,
support flood reduction plans and maintain scenic quality of the ridge.
Middle Fork Snoqualmie Boat Access: Acquire property near Tanner for small boat pull-out in popular trail and river boating reach.
Three Forks Acquisition: Continue acquisition program for regional park (includes parcels adjacent to Norman Bridge)
Carnation Marsh Addition: Increase acreage adjacent to county and Audubon properties to buffer osprey nesting habitat
IVIII: Enhance the Cedar River Waterway and Trail Corridor.
FFSTEERXLS 3/4196 11:58 PM _ -
EXAMPLES OF POTENTIAL REGIONAL OPEN SPACE PROJECTS
Cedar River Acquisition:Acquire"BN Nose" an important area along the Cedar River Trail and waterway.
Cedar River Acquisition:Acquire parcels that link Landsburg to Shaw site to complete ownership to widen corridor and increase trail
buffer. Develo ment would im act trail and river in area that is now neari secluded.
Cedar River Ridge: Develop and implement program using a variety of acquisition and dedication techniques to preserve scenic
wooded ridges and also maintain upland habi at, prevent clearing and erosion and support flood hazard reduction plans.
Cedar River/Lake Desire Open SpacelPetrovitsky Park:Acquire corridor linking these upland parks and open spaces to river corridor
to achieve trail and habitat connections and reserve scenic hillsidesprevent more clearingLand flooding.
IX. Enhance the Green River Waterway
Green River: Acquire site in riverbend next to Flaming Geyser Park to link public ownerships and provide habitat,scenic and
waterways values.
Green River: Preserve wooded ridges east of O'Grady Park to maintain habitat connection and scenic quality,as well as preventing
problems associated with clearing such as erosion and increased flooding.
Green River Ridge Scenic Area: Develop and implement program using a variety of acquisition and dedication techniques to preserve
scenic ridges along major open space,waterway and trail corridor.
X. Acquire lakefront property to provide public waterfront access.
Marymoor-Addition/East:Funding to complete purchase of site for eastern frontage for Marymoor Park
to* ymoor AdditfonlWest: Funding to complete purchase of properties along west bank of Sammamish River at Lake Sammamish.
Beaver Lake to Section 36: Acquire large parcel connecting Beaver Lake to Section 36
Lake Resort South:Acquire lakefront resort to serve south county area.
Port Qutndall Waterfront: Acquire major holding on Lake Washington,if available.
Panther Lake: Pursue partnership with Kent to acquire Panther Lake waterfront site in underserved area. Located in Kent future
nnnexabon area.
XI: "Marymoor South": Acquire site for regional multi-purpose park in the south part of the county.
FFSTEERXLS 3/4196 11:58 AM
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ITCITY OF �J U2
A Jim White, Mayor
CITY COUNCIL PLANNING COMMITTEE MINUTES
March 19, 1996 4:00 PM
Committee Members Present Other City Staff
Leona Orr, Chair John Hillman, Finance
Jon Johnson Joe Fielding, Public Works
Tim Clark
Planning Staff Other Guests
Jim Harris Fred High, Kent School
Fred Satterstrom District
Margaret Porter
Carolyn Sundvall City Attornev's Office
Lin Houston
Roger Lubovich
Laurie Evezich
CITY OF KENT COMMUNITY DEVELOPMENT BLOCK GRANT CONSORTIUNI
STATUS - L. Houston
Human Services Manager, Lin Houston, updated the Committee on the current status of the City
of Kent Community Development Block Grant (CDGB) program(s). Currently, the City of Kent
is a member of the King County CDBG Consortium and receives funds as a pass-through City.
Now that the City exceeds a population of 50,000, the City may now qualify as an Entitlement
City. HUD confirmed this and will offer Kent an Entitlement status after the new population
figures are released. Although, King County needs to know the City's decision on this by the
end of March so that the Consortium can proceed with its program planning for 1997. In
addition, the City is in the process of negotiating a new three-year CDBG Interlocal Cooperation
Agreement with the County and other Consortium cities for 1997-1999.
Lin said as an Entitlement City, more staff would be needed because of intensive administrative
tasks and more time-consuming program monitoring of HUD regulations.
The benefits of remaining as a pass-through City are: (1) Continue with the 21-year, excellent
relationship with the County; (2) Kent retains local control over its program funds, while getting
the benefit of the County providing the intensive administrative and monitoring tasks; (3) As
being part of the Consortium, the City benefits by receiving additional dollars in the form of
220 4th AVE.SO /KENT.WASHINGTON 98032-5895/TELEPHONE (206)859-3300/FAX N 859-3334
CITY COUNCIL PLANNING COMMITTEE MINUTES
MARCH 19, 1996
PAGE 2
recaptured funds and program income generated by the Consortium; and, (4) Kent receives
additional services for its residents through regionally funded programs such as the current
Housing Stability Program.
The following action was requested by the City Council Planning Committee:
1. The Mayor be authorized to send a letter to County Executive Gary Locke stating that
the City of Kent desires to continue to participate as a pass-through City in the King
County CDBG Consortium for the years 1997-1999.
2. Schedule this item for action at the April 2, 1996, City Council meeting.
Council member Jon Johnson MOVED and Council member Tim Clark SECONDED"a motion
to approve the two(2) aforementioned actions. Motion carried.
LAND USE AND PLANNING BOARD ORDINANCE (L Orr)
Chair Orr reported this item was on tonight's Council agenda, and a recommendation was
needed. There was discussion on how the Committee members felt about the confirmation
process of board members. They proposed no changes.
There were a few minor changes to the ordinance on page three as follows: "The planning
department shall be responsible for preparing and updating the comprehensive plan, preparing
and-�e amendments to the zoning code, subdivision code and any other related codes or
ordinances."
Council member Jon Johnson MOVED and Council member Tim Clark SECONDED the motion
to approve the revised Land Use and Planning Board Ordinance as mentioned above. Motion
carried.
Chair Orr clarified that the new board would not take effect "until the land use and planning
board, as established pursuant to this ordinance, is convened and the bylaws for said board are
adopted" according to SECTION 2, Transition of Boards. This board will continue to meet until
the above is accomplished.
NRG BARRIERS PACIFIC. INC. ISSUANCE OF INDUSTRIAL REVENUE BONDS - R.
Lubovich)
City Attorney, Roger Lubovich, reported this item is on the Council's agenda at tonight's
meeting. Pursuant to RCW 39.84.060, the City is required to approve the issuance of tax-
exempt nonrercourse revenue bonds of King County Economic Enterprise Corporation for the
CITY COUNCIL PLANNING COMMITTEE MINUTES
MARCH 19, 1996
PAGE 3
benefit of NRG Barriers Pacific, Inc., but this approval shall not in any way be deemed to be
a review or approval of any development permit for the Project which may be in process, or
may be submitted at a future date for the project.
Council member Jon Johnson MOVED and Council member Tim Clark SECONDED a motion
to approve the resolution for action at tonight's Council meeting. Motion carried.
ADDED ITEMS:
ACCEPTANCE OF DCTED GRANT FOR $150,000 FROM DEPARTMENT OF
COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT (DCTED) - (F Satterstrom)
Planning Manager, Fred Satterstrom, is requesting approval by the Committee to accept a grant
in the amount of $150,000 received from DCTED (under the Growth Management and
Environmental Review Fund) to do a Downtown Subarea Plan, and approval to proceed with the
project. This grant is matched with $50,000 general fund dollars, consisting of$25,000 in-kind
match of labor, and $25,000 from the general fund Downtown Market Analysis project dollars
allocated in the 1996 budget.
Council member Tim Clark MOVED and Council member Jon Johnson SECONDED a motion
to accept a grant in the amount of $150,000 received from DCTED (under the Growth
Management and Environmental Review Fund) to do a Downtown Subarea Plan, and approval
to proceed with the project. This grant is matched with $50,000 general fund dollars, consisting
of $25,000 in-kind match of labor, and $25,000 from the general fund Downtown Market
Analysis project dollars allocated in the 1996 budget. Motion carried.
REQUEST TO ADD ITEMS TO THE WORK SESSION ON 3/26/96 TO LAND USE
HEARING BOARD - (F. Satterstrom)
Mr. Satterstrom asked if the Committee would add some workshop items to the March 26, 1996
Land Use and Planning Hearings Board agenda. The Committee agreed to add Comprehensive
Plan Amendments (CPA-95-2 (A-F), and Stream Buffer Requirements.
ADJOURNMENT
The meeting adjourned at 4:50 p.m.
c:mp:pco31996.min
PUBLIC WORKS COMMITTEE
MARCH 27, 1996
PRESENT: Tim Clark Don Wickstrom
Connie Epperly Tom Brubaker
Jim Bennett Ed White
ABSENT: Judy Woods
Traffic Signal S. 212th/Interurban Trail
Wickstrom stated that this item was put back on the agenda for further discussion. Connie Epperly
stated that she drove thru the area and noted that she would be fearful to cross that street without a
pedestrian signal in place. She verified with Wickstrom that the signal would only be activated when
a pedestrian wanted to cross the street. Ed White stated that the signal is coordinated with signals at
76th Ave and there are various phases that the signal goes thru. He said that within those phases,
there are different pedestrian "walk" time settings so at peak hours there is a maximum allowable
amount of time for traffic flow. MacArthur stated that moving down the street, about 200 ft, to the
existing light should be an option.
Ed White said he discussed this issue with the Bicycle Advisory Board and they feel that the
Interurban Trail is a necessary link in the City's transportation system. Part of the City's responsibility
is to insure the safety of the users of that trail. He said there is a real concern with pedestrians at each
of the major east-west arterials. Wickstrom noted that it is an integral element of the City's overall
transportation plan to use the Interurban Trail as the north-south corridor for the bicycle trails.
In response to Epperly's question regarding the City's liability, should a pedestrian be injured without
a light at this location, Brubaker stated that we would probably be named in a lawsuit.
Tim Clark stated there are two major arterials coming into the City, one of which is only eight blocks
away from the crossing in question, that being S. 196th St. This will free up capacity on S. 212th St.
Clark said that we do have a Master Transportation Plan and using alternative forms of transportation
is a part of that Plan. Wickstrom said that this is our plan, we have all reviewed it and this is the route
we have chosen versus putting bicycles on West Valley Highway or East Valley Highway; we are
using the north/south Interurban Trail as the main corridor for bicycles. This will also tie into our
277th Corridor which will have a bike route up the hill.
The Committee thanked Mr. MacArthur for his input.
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Stop Signs - Gowe Street
Wickstrom said that staff had mailed approximately 100 notices to the downtown area
requesting comments on the newly installed stop signs on Gowe Street of which 38 were returned.
In that number, there were varying comments on leaving the stop signs in place and others on
removing one or two of them. Clark noted that this is a paradox. Wickstrom than stated that prior
to the Committee taking any action, he suggested the Committee hold a public hearing after which
a decision could be made.
Committee concurred that a public hearing will be held at the April loth Committee meeting.
Equipment Rental Purchases
Wickstrom said that we need to purchase three tractor mowers and one backhoe. These are not on
the state bidders list. They have been bid by the City of Seattle and bid by Island County. He asked
that the City execute an agreement with Seattle and Island County allowing us to enter in on their
bidding and use their suppliers.
Committee recommended authorizing the Mayor to execute an agreement with City of Seattle and
Island County for the purchase of three tractor mowers and one backhoe.
Amendment to Kent City Code
Brubaker stated that Section 7.03.020 of the Kent City Code relates to Garbage Solid Waste and
states that permits for hauling garbage will be issued by the City Clerk. Brubaker said that the City
Clerk has never issued any permits and would like to make this correction.
Committee recommended that the correction be made in Section 7.03.020 of the Kent City Code as
noted by the City Attorney.
Street Vacation -Russell Road
Wickstrom explained that this is part of the Lakes Development at the northerly end of Russell Road
where it ties into 228th. They have filed a petition to vacate and now we are requesting authorization
to set the hearing date for this vacation.
Committee recommended setting a hearing date for the Russell Road Street Vacation.
Valley Detention Facility
Wickstrom stated that in 1997 we will be landscaping and finishing the project. The plantings cost
associated with the project is approximately $1 million. This year the contractor should have the
facility complete and will be hydroseeding everything. In the '97 budget we are anticipating
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landscaping and we are proposing to construct a nursery rather than spending $1 million on plantings.
He said that a 5 acre parcel has been reserved in the project site to build a nursery for these wetland
plants. Wickstrom said we probably won't see any net savings out of the project cost but over a long
haul, when we have to maintain that facility as well as other projects involving wetland plantings, we
will have a nursery to provide those plantings. Wickstrom said that we don't want to take any money
from the project fund - we do have some in the '93 Drainage Bond Issue fund we want to allocate
for the nursery.
Bennett asked why this wasn't incorporated into the original plan when money was allocated for the
project. Wickstrom said that the issue is time frame. He said we need to plant in '97; we don't have
the money in '96 to build this nursery to have the plantings ready for the project in'97. He said the
money is there in'97 to do it all but we need to do this part now. In response to Bennett, Wickstrom
noted that we don't have any other nurseries in the City. Bill Wolinski explained that we received a
special grant from the State to work with the schools to establish a native plant buffer along the
power lines. He noted that this will be an educational and vocational opportunity for the students to
learn skills. Wickstrom noted that eventually we will need a nurseryman who will become the
overseer of the entire 300 acre project.
Committee recommended authorizing the transfer of$230,000 from the 1993 Drainage Bond fund
(1316) to the Valley Detention fund (1336).
Added Item: (Jim Bennett) Stop Sign at 2nd & Cloudy
Wickstrom said we will bring the information we have on this subject to the next Committee meeting.
(April loth)
Meeting adjourned: 4:55 P.M.
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