HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 11/18/1997 City of
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Agenda
CITY OF
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Mayor Jim White
Council Members
Christi Houser, President
Jim Bennett Jon Johnson
Tim Clark Leona Orr
Connie Epperly Judy Woods
November 18, 1997
Office of the City Clerk
CITY of MIJB4T SUMMARY AGENDA
? KENT CITY COUNCIL MEETING
November 18, 1997
Council Chambers
7 : 00 p.m.
MAYOR: Jim White COUNCILMEMBERS: Christi Houser, President
Jim Bennett Tim Clark Connie Epperly
Jon Johnson Leona Orr Judy Woods
CALL TO ORDER
FLAG SALUTE
ROLL CALL
1. PUBLIC COMMUNICATIONS
VA. Introduction of Mayors Appointee
.,It. Proclamati n - National Bible Week
0. 5Katc bo4rop Pa.rK
2. PUBLIC HEARINGS
"A. Willis St. Street Vacation
✓B. Del Mar Annexation Area Initial Zoning and Comprehensive
Plan Amendments
3 . CONSENT CALENDAR
4. Approval of Minutes
%,B. Approval of Bills
, C. 277th Corridor Condemnation Ordinance
.,D. Mill Creek Revegetation Project Funds — Accept and
Establish Budget
/E. Youth/Teen Utility Tax, Reauthorize - Ordinance and Policy 5
-F. 1997 Parks Budget Adjustments - Approve
„G. King County Water Quality Grant - Accept and Create Budget
✓H. Jean Austin Property Donation - Accept
- ✓I. Human Services Commission Appointment - Confirm
„d. Matlack Appeal - Set Hearing Date
,.K. MFS Limited Street License Agreement - Approve and
Authorize
,L. Union Pacific Railroad, 196th Spur Track - Franchise
Ordinance - Introduction
✓M. . S. 238th Street Vacation - Ordinance p
vN. IAC Grant Application, Conservation Easement - Resolutionl ! �
✓O. Kent Community Health Center - Amended Bill of Sale
-P. Paradise Mobile Home Park - Bill of Sale
vQ. Highland Crossing (formerly Stonegate Knolls) Final Plat -
Set Meeting Date
4. QTHER BUSINESS
A. Fox Ridge Addition No. 1 Preliminary Plat
✓B. Stonebrook Suites Rezone
✓C. Old NAPA Store Rezone
,/D. CM-2 Zoning District Regulations
✓E. Office (0) Zoning District Regulations
5. BIDS
None
6.VCONTINUED COMMUNICATIONS f� td 2. }, ✓`'`3 `
7.,/ REPORTS
V EXECUTIVE SESSION - Pending Litigation
8.d 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 1-800-835-9993 or the City of Kent(253)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) Introduction of Mayor' s Appointee
B) Proclamation - National Bible Week
Kent City Council Meeting
Date November 18 , 1997
Category Public Hearings
1. SUBJECT: WILLIS ST. STREET VACATION (STV-97-2)
2 . SUMMARY STATEMENT: This date has been set to consider an
application to vacate a portion of East Willis Street, as
referenced in Resolution 1499, and as shown on the accompanying
map and discussed in the staff report.
3 . EXHIBITS: Staff report, map, application, and resolution
4 . RECOMMENDED BY: Plannin Director
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS•
OPEN HEARING:
PUBLIC INPUT•
CLOSE HEARING:
7 . CITY COUNCIL ACTION:
Councilmember L _moves, Councilmember Jn seconds
to approve the Planning Direc or' s recom-
mendation of approval with conditions on the application to
vacate a portion of East Willis Street, as referenced in
Resolution 1499, and to direct the City Attorney to prepare the
necessary ordinance upon compliance with the conditions of
approval.
DISCUSSION:
� C
ACTION:
Council Agenda
Item No. 2A
CITY OF 1,��11�f N�
„ Jim White, Mayor
Planning Department (253) 859-3390/FAX(353) 850-15dd
,lames P. Harris, Planning Director
MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS
FROM: JAMES P. HARRIS, PLANNING DIRECTOR
SUBJECT: REPORT AND RECOMMENDATION ON AN APPLICATION TO
VACATE A PORTION OF EAST WILLIS STREET (STV-97-2)
RECOMMENDATION: APPROVAL WITH CONDITIONS
I. Name of Applicant
Don and Judy Carswell
426 Alpine Way
Kent WA 98031
(206) 859-0025
II. Reason for Requesting Vacation
The applicant states. "Driveway, parking and landscape maintenance."
III. Staff Recommendation
After reviewing comments from the following departments and agencies:
Public Works
Fire
Parks
Police
METRO
Puget Sound Energy
and conducting our own review, the Planning Department recommends that the request to vacate a
portion of East Willis Street as mentioned in Resolution 1499 and shown on the accompanying
map, be APPROVED with the following conditions:
_]Il aih aV[:NCE�UC'rH KLNT. vV;ASH1v(TON 0401- �s�I� TFLEI 0 F; " sSU.:;wI
East Willis Street
November 4, 1997 _.
Page 2
The part of Willis Street proposed to be vacated is classified as a Class "C" right-of-
way which permits the City to require compensation for the vacation.
I. The City shall be compensated for this street vacation and that such
compensation funds received be placed in the School Pedestrian Walkway
Capital Improvement Fund (R36).
An easement for utility purposes shall either be retained over, under and upon
said vacation right-of-way or granted to the City by the owners, including the
right of the City to grant said easement to other utilities (private or otherwise)
that have existing facilities within said vacated right-of-way.
JPH1mw A:1STV97.2
cc: Fred N. Satterstrom. Planning Manager
! PROPOSED STREET VACATION !
STV 97-2
WILLIS STREET
LJ LEE
Titus Street
�.. Ep' 1
� a � �' �� -� ti �• �� %.off::. �:
Cc f
_ I - y •:,,t,':ii: O
E. Willis Street
AREA PROPOSED
❑ ::(:;�: r `` i '`. TO BE VACATED
Q Qcl
CD
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V1 � � u 'V�. .2�
RESOLUTION NO. /�99
A RESOLUTION of the City of Kent, Washington,regarding
the vacation of a dedicated, unopened portion of Willis Street lying
west of Scenic Way, and setting the public hearing on the proposed
street vacation for November 18, 1997.
WHEREAS, a petition has been filed by various property owners to vacate a
dedicated, unopened portion of Willis Street lying east of Washington Avenue in the City of Kent,
King Count. Washington; and
WHEREAS, these property owners own at least two-thirds of the property abutting that
portion of Willis Street 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:
Section 1. A public hearing on the street vacation petition requesting the vacation
of a portion of Willis Street shall be held at a regular meeting of the Kent City Council at 7:00 p.m.,
Tuesday, November 18, 1997, 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 state law, Chapter 35.79 RCW.
1 "'
Section .). 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 November 18, 1997.
Passed at a regular meeting of the City Council of the City of Kent. Washington.this
�I day of lr)rat , 1997.
Concurred in by the Mayor of the City of Kent, this�day of (Cct- -, 1997.
;PrMTE, MAYOR
ATTEST:
BRENDA JACOB )ITY CLERK
APPROVED AS TO FORM:
RO ER A. LU VICH, CI
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 o7J day of d2 c,41, 1997.
Aco' f SEAL)
STVAC91.res BRENDA JACOBfyCITY CLERK
2
NAIL TO: • APPLICANT:
Gerald 0, McCaughan Name: 1�nn nn.l .L Iv r.r .�9 tl
CITY OF KENT
220 So. 4th Ave. Address: J-111. C11ni nP ulny
Kent, WA 90032
LJft, c YO i I
Phone: 30(0 15"4 - Ov;.S
STREET AND/OR ALLEY VACATION APPLICATION AND PETITION
Dear Mayor and Kent City Council :
We, the undersigned abutting property owners, hereby respectfully request that
certain Slreet hereby be vacated. (General Location) 2 (1 D
Legal Description 0,1
Refer Pl)ncLct il+ dTH or. KENT
CITY CLERK
TO-61 5etucnre ice+ 263`I,5
BRIEF STATEMENT WHY VACATION IS BEING SOUGHT
Dri qd wad 1 pp)Lrkinc Ctra L-U1d50^f- trItA44J-1C rK:P_.
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) Map must correspond with legal description.
ABUTTING PROPERTY OWNERS TAX LOT i
SIGNATURES AND ADDRESSES LOT, BLOCK S PLAT/SEC. TW11. RG
Iq
ay • 2s - o4 - gIos
x .-
K 41 3 - 15t4n
x
$150.00 Fee Paid Treasurer's Receipt 11o.
Appraisal Fee Paid Treasurer's Receipt 11o.
Land Value Paid Treasurer's Receipt Ilo.
Deed Accepted Date
Trade Accepted Date
1-7
LEGAL DESCRIPTION
� pROp D VA ATED WILLIS
STREET TaLAgaWELL,
at page 165,
as shown irtat of Kent as recorded inro projection off plat.Westerly line of
That portion n Willis StrCounty,
Washing on, lying Easterly of the Southerly p 1
records of King County, Westerly of the Southerly protection of the Easterly line of
� the following described Tract X and lying
the following described Tract X.
TRA T X 22 North, Range 4 East, W•M-,
That portion of the Southeast quarter of Section 24, Township
described as follows:
feet
t of the
BEGI
NNING at a point which is 510 feet South�h rt K8g County,sWashingtont quarter corner of Section
24, Township 22 North, Range 4 East,
THENCE South 58 feet;
THENCE West 75 feet;
THENCE North 58 feet;
OIN BEGI
EasN Will s Street;
THENCE East 75 feet to the P
EXCEPT any portion thereof lying within Alpine Way;
and EXCEPT any portion thereof lying
that portion of said Southeast quarter described as follows:
Together with
BEGINNING at a point 568 feet South and 62.n feet
West Washirlgton he East Quarter corner of Section 24,
Towns4 East, W-M-, in King„ Township 22 North. Range
THENCE West 17.7 feet;
THENCE North 58 feet;
THENCE East 17.7 feet;
THENCE South 58 feet to the BEGINNING.
91
P �w
a
•�s old 4Je
��ONAL L
EXPIRES 8/Ar"/
Proposed Vacated Willis Street to Carswell
Description.
October 20. 1993
MSH\kr
4946L.001
Kent City Council Meeting
Date November 18 , 1997
Category Public Hearings
G AND
1. SUBJECT: DEL COMPR HENSIVEAPION AREA LAN AMENDMENTSA(AZo97N2 AND
CPA-97-2)
2 . SIIMMARY STATEMENT: This is the second of two required
hearings on both the proposed annexation zoning map amendments
and the comprehensive plan amendments for the Del Mar annexa-
tion area. The first hearing was held by the City Council on
October 7, 1997 . The Land Use & Planning Board' s recommenda-
tion was made on September 22 , 1997 .
3 . EXHIBITS: Memo dated 10/7/97; staff report of 9/22/97; and
Land Use and Planning Board minutes of 9/22/97
4 . RECOMMENDED BY: Land Use and Plannina Board
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQIIIRED: $
SOURCE OF FUNDS:
OPEN HEARING:
PUBLIC INPUT•
CLOSE HEARING:
7 . CITY COUNCIL ACTION:
_moves, Councilmember �`� seconds
Councilmember
to odify the Land Use and Planning Board's
recommendation of approval to adopt the proposed Del Mar
Annexation Zoning and Ica- Comprehensive Plan Amendments, and
to direct the City Attorney to prepare the necessary
ordinance(s) . 4V Gikow`O�_ t-Ks
CQ"
DISCUSSION: \
C1_9
ACTION:
` b ��"�` Council Agenda
Item No. 2B
CITY OF [EM :.1
Jim White, Mayor
Pi tment (253) 859-3390/FAX (253) 850-2544
J
MEMORANDUM
October 7, 1997
MEMO TO: JIM WHITE, MAYOR, AND MEMBERS OF THE CITY COUNCIL
FROM: JAMES P. HARRIS, PLANNING DIRECTOR
SUBJECT: PROPOSED DEL MAR ANNEXATION AREA�JAL ZONING AND
COMPREHENSIVE PLAN AMENDMENT, #A' Z-97-2_,AND #CPA-97-2 -
LAND USE & PLANNING BOARD RECOMIvITINDATION
Attached is the Land Use & Planning Board's recommendation on initial zoning and the Comprehensive
Plan amendment for the Del Mar annexation area. The Land Use & Planning Board conducted a public
hearing on zoning and land use plan amendments for the Del Mar area on September 22, 1997, and made
their recommendation at the conclusion of that hearing (see attached minutes).
At the September 22nd public hearing the Planning Board received considerable public testimony and was
asked to consider two zoning and land use plan map alternatives for the annexation area. Each zoning and
land use alternative is mapped and described in the staff report to the Planning Board dated September
22nd, 1997, which is attached to this memo. After considering the public testimony, and additional
information and questions of staff, the Planning Board is recommending zoning and land use plan map
Alternatives 2, with slight modifications. The change made to staff recommended Zoning Alternative
by the Planning Board was minor, and involved including one additional lot located north of the existing
West Hill Professional Offices, near the intersection of Military Road and South 272nd Street, into the
proposed 0, Professional and Office zoning district. This revision was made after considering a letter
submitted by the owner of the existing office complex which requested an expansion of Office zoning. The
modification to Land Use Plan Map Alternative 2 reflects the proposed zoning adjustment on this lot, and
would include this lot within the Commercial land use boundary. The staff proposed zoning and land use
designations on this lot were SR-6, Single Family Residential, and SF-6, Single Residential,attached
respectively. Maps of the Board's recommendations for Del Mar zoning and planamendments are
herewith.
By City ordinance, the City Council must hold two hearings on the proposed zoning, which also includes
consideration of the Comprehensive Plan Land Use Map. The first hearing is scheduled for October 7,
1997, and the second is scheduled for November 18, 1997. By State law, the hearings must be held at least
30 days apart from each other. Planning Department staff will be available at the October 7th hearing to
further explain the recommended zoning and land use plan designations for the Del Mar annexation area.
,Mpm p:1pub1icla7-97.2.mm3
Attachments
cc: Fred Sarterstrom, Planning Manager
Kevin O'Neill, Senior Planner
Matthews Jackson, Planner/GIS Coordinator
ICE ]E 1L
MA]R. LAND USE PLAN
LAND USE & PLANNING BOARD RECOMMENDATION
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LEGEND MHP MOBILE HOME PARK
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LAND USE BOUNDARY MDMF MEDIUM DENSITY MULTIFAMILY
C COMMERCIAL !�
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DEL, MAR. ANNEXATION ZONING
LAND USE & PLANNING BOARD RECOMMENDATION
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OCTOBER 7. 1997
LEGEND SR 1 SINGLE FAMILY ONE DU/ACRE
CITY LIMITS
-- S R 4.5 SINGLE FAMILY -t.53 DU/ACRE
ZONING BOUNDARY �+
SR U SINGLE FAMILY 6.05 DU/ACRE 1
GC GENERAL COMMERCIAL MRM MEDIUM DENSITY MULTIFAMILY 27 DC. .%CRE \•
Nr( VEIGHRORHOOD CONVENIENCE CONISIERCIAL II
CITY OF
Jim White, Mayor
C4P
Planning Department (253) 859-3390/FAX (253) 850-2544
James P. Harris, Planning Director
MEMORANDUM
September 22, 1997
MEMO TO: STEVE DOWELL, CHAIR AND LAND USE&PLANNING BOARD MEMBERS
FROM: MATTHEWS JACKSON, PLANNER/GIS COORDINATOR
SUBJECT: #AZ-97-2/#CPA-97-2 - DEL MAR ANNEXATION ZONING AND
COMPREHENSIVE PLAN AMENDMENT
Introduction
On June 3, 1997, the Kent City Council passed Ordinance No. 3351 approving the annexation of
the Del Mar annexation area to the City of Kent. The annexation was prompted by a citizen petition
which was accepted by the City Council. The Del Mar annexation area encompasses approximately
578 acres, and is generally bounded on the north and east by the City's previous corporate limits, on
the west by Pacific Highway South (Hwy. 99) and on the south by South 272nd Street. The
annexation fills in the southwestern edge of the City's Potential Annexation Area (PAA), which is
designated in the Kent Comprehensive Plan. The Del Mar annexation area officially became a part
of the City of Kent on July 1, 1997. Upon annexation,the area was given an interim zoning of SR-2,
Single Family Residential, with a 2.1.8 units per acre maximum density. All lands annexed to the
City are given an interim zoning of SR-2 per the Kent Zoning Code.
The City has six months after an annexation becomes effective to establish zoning designations
through a public hearing process. The first public hearing on zoning and a comprehensive plan
amendment for the Del Mar annexation area will be held in front of the Land Use& Planning Board
on September 1 lth. Following the Board's hearings, their recommendations will be forwarded to
the City Council for consideration. Two hearings will be held by the City Council,and by state law,
these hearings must be held 30 days apart from one another. The first Council hearing will occur
in October, while the second hearing will likely occur in November.
The City of Kent adopted its Comprehensive Plan under the provisions of the Growth Management
Act(GMA)in April 1995. As mentioned above,the plan includes a potential annexation area(PAA)
for the city. The Land Use Element of the plan includes a Land Use Plan Map which designates
land uses for the entire PAA, including the Del Mar annexation area. The land uses designated in
the PAA for the Del Mar annexation area reflect the designations of adjacent land in the City of
Kent. Most of the area was given a designation of SF-6, while the commercial areas along Pacific
__n J1h .AVENUE SOUTH ' KENT. WASHINGTON 990375%95'TELEPHONE (25119S4-S11N1
#AZ-97-2/9CPA-97-2 DEL MAR ANNEXATION ZONING
September 22, 1997
Highway South were designated Commercial. The GMA requires that all development regulations
adopted by a jurisdiction must implement, and be consistent with, the comprehensive plan (RCW
36.70A.120). This means that the zoning for the Del Mar annexation area must be consistent with
the Land Use Plan Map in the comprehensive plan. It will be necessary to make some amendments
in order to update the land use designations so that they are consistent with the designations for the
rest of the City and ultimately with the zoning which is adopted. Therefore, this project includes an
amendment to the City's Comprehensive Plan, as well as an amendment to the zoning map.
This report outlines background information on the Del Mar annexation area, including a discussion
of the previous King County comprehensive plan and zoning designations for the area, and how they
compare to Kent's respective plan and zoning designations. The report will then outline two
alternatives for both the Comprehensive Plan Land Use Plan Map and the City's zoning map for the
Planning Boards's consideration. The Planning Board and City Council will be asked to review and
adopt both an amendment to the Comprehensive Plan and zoning map designations for the
annexation area.
Back rg_ound
The Del Mar annexation area was part of the King County Federal Way Community Planning Area.
In December 1994, the County Council adopted the King County Comprehensive Plan, which was
prepared pursuant to the Growth Management Act. The County also adopted new zoning
designations at the same time that the plan was adopted,which became effective in February 1995.
The new zoning was most notable for designating residential areas based on density, as opposed to
types of structures. The previous County zoning designations are described in greater detail later
in this report.
When the County adopted their Comprehensive Plan, housing and employment targets were
established for each community planning area and for the County as a whole. They were also
established for Kent in the City's comprehensive plan. The Federal Way community planning area
was given a household target of 3,300 to 4,200 units. The Del Mar area represents a very small
portion of the Federal Way planning area,therefore, it is difficult to extract an estimate for a housing
target using county data. However, an interim target of approximately 75 to 100 new households
over the next twenty years is reasonable in light of existing development and available land supply
in the Del Mar annexation area. Between 1990 and 1996, the number of housing units in the City
of Kent has increased by 8,901 units. However, 6,389 of these units were added through
annexations, leaving a total of 2,512 units created through new construction. This means the city
has been averaging a little more than 418 new housing units per year. The current city limits is
approximately 28 square miles in area. The Del Mar annexation area is less than one square mile
in area. There is enough vacant and underdeveloped land in the Del Mar area to adequately absorb
the projected new housing units under both zoning and land use alternatives proposed by staff.
#AZ-97-2/#CPA-97-2 DEL MAR ANNEXATION ZONING
September 22, 1997
Existine Land Uses
The existing land use pattern in the Del Mar annexation area is varied. The area in the vicinity of
Pacific Highway South is developed with high intensity commercial and moderate to high density
residential developments. The Del Mar single family detached subdivision is located west of
Interstate 5 in the northern section of the annexation. The properties located east of Interstate 5 and
west of Military Road are single family residential with several one acre or more parcels adjacent
to the freeway. Several multi-acre properties are also located between Pacific Highway South and
Interstate 5. The southeastern comer of the annexation area is developed with a typical suburban
single family subdivision. A small commercial/office node is located on the northwest corner of the
intersection of Military Road and SE 272nd Street.
King County used to maintain a 10.6 acre parcel north of the Star Lake Park & Ride as a shops
facility. Road maintenance equipment and materials were stored st this site. It appears that they
have moved out of this location since the area was annexed by Kent. There are several large lots in
this area which are owned by Midway Sand and Gravel. Historically, this area was once used as a
gravel pit, although that use dates back many years. This area is also encumbered by the large
wetland area which is discussed elsewhere in this report.
The recently completed census in the area indicates that 465 of the housing units located in the
annexation area are single family detached structures,while 1,070 are multifamily residential. Sixty
mobile homes were counted, and three special units were found. Approximately 29.1 percent of the
units in the annexation area are single family residential, while 67 percent are multifamily. The
ratio of multifamily to single family units in the annexation is substantially higher in the Del Mar
annexation area than the city at large because of the development near Pacific Highway South. As
of April 1, 1996, the city limits was developed with approximately 42 percent .single family
detached, 53 percent multifamily, and 5 percent mobile homes and special units.
There are several large multifamily developments in the annexation area. Many of these projects
are located off of SE 260th Street. The Cottonwood Apartments are developed with 75 units on
1.67 acres, the Appian Way Apartments are developed with 150 units on 5.22 acres, the Cedarwood
Apartments are developed with 249 units on 8.85 acres, and the Royal Skies Apartments are
developed with 240 units on 9.2 acres. The Westhill Mobile Manor is located next to these
apartment developments. Two additional multifamily projects are located on the north side of SE
272nd Street. Huntington Woods is developed with 135 units on 7.05 acres, and the Village
Apartments are developed with 100 units on 4 acres of land.
Single family lot sizes typically range from 6,000 to 10,000 square feet in the annexation area. Most
of the large parcels of land which are underdeveloped in the area were previously zoned urban
residential in King County and are proposed for single family residential zoning under staffs
recommendation. Most of the residential development is well established, however a new residential
subdivision is currently under construction along 28th Avenue South behind the Star Lake Park &
Ride.
9AZ-97-2/4CPA-97-2 DEL MAR ANNEXATION ZONING
September 22, 1997
Section 15.08.100 of the Kent Zoning Code outlines the City's regulations pertaining to
nonconforming development. This section provides protection to uses, structures, lots, or signs
which have been lawfully established pursuant to a county resolution in effect at the time of
annexation which rendered it nonconforming. Generally, a use which was legal and/or legally
established under the applicable county regulations, will continue to have a reasonable opportunity
to continue its operations. This will be true regardless of what the new City zoning is. In addition,
this section also states that any legally established residential uses located in any residential zoning
district and in existence as of January 1, 1984, shall not be deemed nonconforming in terms of
density provisions and shall be a legal use. This protection is not offered to uses which were
illegally established or expanded in King County.
Other potential nonconforming uses at the time of annexation are Planned Unit Developments
previously located in single family zoning districts within the county. These developments, which
contain attached and multiple dwelling units, are currently not allowed in the City's single family
zoning districts, but are likely to continue with single family zoning upon annexation. The Royal
Skies Apartments, built in 1982 and located south of South 259th Street, is an example of this type
of development.
Description of Previous King Countvv onine
The previous King County zoning is predominantly residential, but diverse. The breakdown of
previous zoning in the Del Mar annexation area is approximately as follows:
Zone Acres Base Densitv
NB,Neighborhood Business .65 N/A
CB, Community Business 67 N/A
O, Office .35 N/A
R4, Urban Residential 357 4 dwelling units/acre
R6, Urban Residential 89 6 dwelling units/acre
R12, Urban Residential 11 12 dwelling units/acre
R24, Urban Residential 19 24 dwelling units/acre
R48, Urban Residential 22 48 dwelling units/acre
The area south of South 259th Street, extending to the boundary of the Del Mar annexation area to
the south and west, and east of the commercial development along Pacific Highway South, was
largely zone R4. This includes the Royal Skies Apartments which was developed as a PUD in King
County. The area north of South 259th Street, west of approximately 28th Ave SE, and extending
to the boundary of the annexation on the north and east was zoned R6. Commercial development
along Pacific Highway South was zoned Community Business, with two small vacant areas zoned
R12. A series of fourplexes located between South 256th Street and South 259th Street, and 27th
Place South and approximately 28th Ave South was zoned R24 as well as two existing developments
along South 272nd Street. Several large apartment complexes located north of South 260th Street
and west of 27th Place South were zoned R48. Finally, aCircle Kmini-mart and adjacent office
#AZ-97-2/#CPA-97-2 DEL MAR ANNEXATION ZONING
September 22, 1997
development at the intersection of Military Road and South 272nd Street, were zoned Neighborhood
Business and Office respectively.
Comparison of King C'nunty and Kent nn;no e i nations
A list of existing County zoning designations assigned to the Del Mar annexation area, and the most
closely corresponding City of Kent zoning designations is attached to this report (see Key to Zoning
Districts). Some characteristics of the Kent zoning alternatives proposed for the Del Mar annexation
area are comparable to County zoning districts, and others are different. The King County
Community Business zone compares generally to the Kent Community Commercial and/or General
Commercial zones. The King County residential zones generally correspond to Kent Residential
zones with the following differences:
1. Residential districts in Kent are separately distinguished as single family and
multifamily zones. King County residential zoning is inclusive of detached single
family and attached and stacked multifamily dwelling units. Attached and stacked
units are only allowed in the R1 - R8 zones with conditional use approval by the
director or adjustor.
2. The maximum number of detached single family dwellings which may be
developed on a parcel of land in Kent is determined by a maximum density and
minimum lot size. Ordinance numbers 3268, 3290, and 3327 approved in 1995 and
1996, revised development standards and maximum densities in order to meet
intended lot yields in single family residential zoning districts. Minimum lot sizes
range from 4,000 square feet in the SR-8 zoning district, to one acre in the SR-1
zone.
The number of attached or stacked dwelling units which may be located on
multifamily zoned property is determined by the overall area divided by a minimum
area allotted for each unit proposed. A maximum density is also attached to all
multifamily zoning districts except the MRD, Duplex Multifamily zone which only
allows a single family house on a lot a minimum of 5,700 square feet and a duplex
on a lot of 8,500 square feet.
In contrast, the King County zoning code has a base density which determines the
number of dwelling units to be developed on a specific property. In the R zones, no
construction shall be permitted on a lot that contains an area of less than 2,500 square
feet unless it is a townhouse development or zero lot line subdivision. This 2,500
square foot minimum is for all R zones regardless of density. However, base density
can be increased to maximum density through the application of residential density
incentives or transfers of density credits.
#AZ-97-2/4CPA-97-2 DEL MAR ANNEXATION ZONING
September 22, 1997
3. The King County Zoning Code contains provisions for residential density bonuses,
based on open space preservation or other public benefits including low income
housing. The Kent Zoning Code has no provisions for residential density bonuses.
4. The King County Zoning Code contains provisions for minimum density in urban
residential zones. The minimum density as a percentage of base density is 85% in
the R4, R6, and R8 zones; 80% in the R12 zone; 75% in the RI zone; 70% in the
R24 zone; and 65% in the R48 zoning district. There are no minimum density
requirements in R1 zoning districts. The Kent Zoning Code has no provisions for
minimum density requirements.
the Kent Zoning Code does not contain large lot zoning
5. Since Kent is an urban area
designations for natural resource lands, such as RA 5, Rural Area, one dwelling unit
per 5 acres.. The Residential Agricultural or SR-1 zone, one dwelling unit per acre,
is the designation used in the Kent zoning alternatives to assign the lowest available
residential density.
E .,,Pn al C haracteristics
L31
Kent's wst hill and can be
as
ed on
haracter
The Del Mar annexation area ofiPuQe ttSound and theefert le GreenRiver Vallely.c Elevat onsdare
plateau between the shore
approximately between 300 and 500 feet above sea level. Slopes in excess of 20 percent may require
special development restrictions. There are other significant envirorunental features in the area
ific
ghway South, running the
ate 5
including a large wetland area located between from SE 259th Street to SE 2t72nd StreetacThese iwetlands are shown within
length of the annexation
the Puget Sound Drainage Basin in the King County Sen itive Areas Ma Folio, dated December,
was mapped in the U.S. Fish
1990. One of the two wetlands shown in the Del Mar annexation area
and Wildlife Service's National Wetlands Inventory, but its location has not been field verified by
King County.
g County and City of Kent development standards differ within sensitive
In some instances, Kin
areas. Buffers, setbacks, and imppervious lakes within the city g its Geographic information
mapped hazard areas, wetlands,
System (GIS). Some information pertaining to the Del Mar annexation area s. currently example,
there
but it is not as extensive as what is available within the established C y is plan For
update its
is limited wetlands information available from King County- City p require additional
database to include all relevant topographical and environmental data. This may
field work which is time consuming and restricted by our changing weather conditions. The City
is working with King County to exchange data where available and compatible.
#AZ-97-2/#CPA-97-2 DEL MAR ANNEXATION ZONING
September 22, 1997
Public Participation - Del Mar Open House
An open house was held at the West Hill Fire Station on July 9th, 1997. Approximately 35
people attended the open house and of these, 19 filled out survey questionnaires covering land use
planning and related issues. Of those who filled out the questionnaire, the majority were either
property owners or residents of the area for more than 10 years. Survey respondents mentioned
"proximity to shopping/employment" as the most important factor for living in the Del Mar area.
In terms of zoning issues, preservation of single family residential neighborhoods was the most
important, with management of traffic congestion another big concern. Protection of
environmentally sensitive areas also received a high number of responses.
Asked to rank the most important factors for annexing to the City of Kent, public safety as well
as zoning and land use issues were the number one choices. Traffic and road maintenance was
also a key factor for most responders.
Survey respondents were asked about their opinions of King County zoning policy:
Approximately half of the respondents indicated they had concerns regarding King County zoning.
Some felt that there was a need for a greater police presence in the area, while others felt there
is too much multifamily and commercial development in the area. Most respondents indicated that
they did not necessarily have big concerns, but would wait and see what changes take place after
annexing to Kent.
Description of Zoning Alternatives
Staff has prepared two zoning alternatives for review by the Land Use & Planning Board and the
public. Maps for both zoning alternatives are attached.
Zoning Alternative 1
Alternative 1 shows what the zoning in the Del Mar annexation area would be if existing King
County zoning was converted to the most comparable Kent zoning designations. In this alternative,
each parcel in the area is zoned based on the Kent zoning designation which most closely
approximates the parcel's previous King County zoning designation. For example,properties zoned
R4 in the county are shown as SR- 4.5 on this alternative. It is generally the policy of the City to
follow lot lines when making zoning decisions. However, King County has any more cases of split
zoning on individual parcels,and this is reflected in Alternative 1. The area of highest density in this
alternative has a proposed zoning of MRH, High Density Multifamily, 40 units per acre maximum
density. This area was zoned R48, Urban Residential, 48 units per acre maximum density by King
County. The breakdown of zoning in Alternative 1 is approximately as follows:
Zone Acres Base Density
O, Professional and Office .35 N/A
NCC, Neighborhood Convenience Commercial .65 N/A
#AZ-97-2/9CPA-97-2 DEL MAR ANNEXATION ZONING
September 22, 1997
GC, General Commercial 67 N/A
SR-4.5, Single Family Residential 357 4.53 dwelling units/acre
SR-6, Single.Family Residential 89 6.05 dwelling units/acre
MRD, Duplex Multifamily 11 10 dwelling units/acre
MRM, Medium Density Multifamily 19 23 dwelling units/acre
MRH, High Density Multifamily 22 40 dwelling units/acre
Properties previously zoned for multifamily densities in the county are shown with the nearest Kent
multifamily designations. However,the density in the nearest Kent zone is generally lower than the
corresponding county zone.
Zoning Alternative 2
Alternative 2 encompass staff s best recommendation on zoning in the Del Mar annexation area
based on information which has been discovered through our research. It generally reduces the
number-of potential multifamily dwelling units, but proposes a density which is consistent with the
urban/suburban requirements of the GMA, and allows for a range of housing opportunities for new
and existing Kent residents. It expands the commercial zoning along Pacific Highway South by
extending the commercial zoning to the end of the lots which had split zoning within the county.
Alternative 2 also proposes rezoning the two vacant areas proposed for MRD zoning in alternative
1 to General Commercial. These lots were zoned R12 under King County zoning plans. This
alternative recommends zoning the Westhill Mobile Manor to MHP, Mobile Home Park. This
complex of some 60 mobile and manufactured homes had a previous King County zoning of R48.
All mobile home parks within the City of Kent are zoned MHP.
As with other annexation zoning proposals in recent years, this alternative proposes a zoning on
multifamily developments which is closest to the density at which these projects are built. This
results in a proposed zoning of MRM on the two multifamily projects located along South 272nd
Street,as well as the developments located north of South 260th Street and west of approximately
28th Ave South. The Royal Skies Apartments are shown with a proposed zoning of MRM since this
Planned Unit Development is built at a density which is consistent with this zoning. The 8.64 acre
lot located adjacent to the Royal Skies Apartments is shown with a proposed zoning of SR-1 to
reflect its status as permanent open space since the density was transferred from this lot in order to
develop Royal Skies as it stands today. The area zoned R4 in King County west of Interstate 5 is
shown with a proposed zoning of SR-4.5, and the area previously zoned R4 east of Interstate 5 is
shown as SR-6. The new SR-6 zoning east of Interstate 5 would insure that existing lot sizes are in
compliance with Kent development standards, and it is consistent with the existing SR-6 zoning
which abuts it on the east. The existing Del Mar subdivision north of South 259th Street has a
proposed zoning of SR-6, and the proposed zoning on the Circle K mini-mart and adjacent office
development is the same in both alternatives 1 and 2 at NCC and Office. The breakdown of zoning
in alternative 2 is approximately as follows:
#AZ-97-2/#CPA-97-2 DEL MAR ANNEXATION ZONING
September 22, 1997
Zone Acres Base Density
O, Professional and Office .35 N/A
NCC, Neighborhood Convenience Commercial .65 N/A
GC, General Commercial 92 N/A
SR-1, Single Family Residential 8 1 dwelling unit/acre
SR-4.5, Single Family Residential 164 4.53 dwelling units/acre
SR-6, Single Family Residential 249 6.05 dwelling units/acre
MHP, Mobile Home Park 6 N/A
MRM, Medium Density Multifamily 46 23 dwelling units/acre
Description of Land Use Plan Alternatives
Staff has prepared two land use plan map alternatives which match the proposed zoning alternatives.
Each land use plan alternative is designed to be consistent with its accompanying zoning alternative,
so Zoning Alternative 1 would implement Land Use Plan Alternative 1. None of the land use map
alternatives represents a radical departure from the existing Land Use Plan Map in the City's
Comprehensive Plan. The proposed alternatives use the same land use designations as are used in
the existing city limits. These designations go into slightly more detail in terms of residential
densities than do the County's designations. However, the overall land use pattern represented in
these alternatives does not differ substantially from either the City's or the County's existing plan.
The land use plan map alternatives can be seen as the long range policy, while zoning is the law
currently in place. There can be more than one zoning designation under the corresponding land use
plan map designation. For example, the areas with a proposed zoning of SR-4.5 and SR-6 have a
corresponding land use plan map designation of SF-6. Property owners who have a zoning of SR-
4.5 could apply for a future rezone to SR-6 without applying for a Comprehensive Plan Amendment.
However, any rezone proposed with a higher density or different use than that allowed through the
Comprehensive Plan Land Use Map would have to apply for a plan amendment as well. GMA limits
Comprehensive Plan Amendments to once a year unless otherwise required by annexations.
Maps for each alternative are attached.
Land Use Plan Alternative 1
Much of the area would be designated SF-6, which would be implemented by the SR4.5 and SR-6
zoning designations shown on Zoning Alternative 1. The areas zoned GC, General Commercial,
NCC, Neighborhood Convenience Commercial, and 0, Professional and Office, in Zoning
Alternative 1 would have a land use plan map designation of C, Commercial. The areas with a
proposed MRD zoning with a density of approximately 10 units per acre would be designated
LDMF, Low Density Multifamily, while the areas with proposed zoning designations of MRM and
MRH would be designated MDMF, Medium Density Multifamily, allowing for densities up to 40
units per acre.
9AZ-97-2/#CPA-97-2 DEL MAR ANNEXATION ZONING
September 22, 1997
Land Use Plan Alternative 2
Alternative 2 is very similar to Alternative 1. Generall: . the same areas designated as SF-6 in
Alternative 1 are designated similarly in Alternative 2 with two exceptions. The Royal Skies
Apartments would be designated as MDMF to reflect the proposed MRM zoning in Zoning
Alternative 2 to match what is built on the ground. The parcel south of Royal Skies would be
designated SF-1, to reflect the proposed SR-1 zoning that is recommended by staff. The existing
mobile home park would be designated MHP to reflect its proposed MHP zoning designation. The
onlv other difference between the two land use alternatives would be to designate the two areas
which are proposed in zoning alternative 1 for MRD zoning and a LDMF land use designation, C,
Commercial, in land use alternative 2.
Analvsis of Alternatives
While alternatives 1 for both zoning and land use reflect the previous designations in King County,
these designations do not necessarily reflect existing constraints and development in the area. A
large percentage of the possible new development potential west of Interstate 5 is encumbered by
wetlands. The proposed zoning and land use alternatives reflect what is built on the ground and
reasonable expectations about what can be built in the future. Most of the zoning decisions in Del
Mar are fairly simple since the area is to a large extent already developed. Proposed changes in
density are minor, and include more flexibility in lot sizes for single family residential development
east of Interstate 5. The parcels which were zoned R12 in King County are proposed for commercial
zoning because they are in locations which are very unsuitable for additional residential
development, and are likely to have some environmental constraints which limits their eastward
development. Other proposed zoning changes reflect the City's policy of following parcel
boundaries in order to give predictability to property owners. The City does not have the flexibility
in its development standards to transfer density and development potential from one portion of a lot
to another as King County does in split zoning situations.
The City's Comprehensive Plan also contains policy language pertaining to residential density
patterns. The plan outlines the following general policy:
Provide in the land use plan adequate land and densities to accommodate both city and
county housing targets with 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. (Policy LU-8.1)
This policy, while encouraging single-family infill at urban densities, provides somewhat more
flexibility in terms of plan densities throughout the City's PAA, particularly given that the plan -
contains areas for high density residential development in the downtown area and mixed use areas
on the Valley Floor.
4AZ-97-2/4CPA-97-2 DEL MAR ANNEXATION ZONING
September 22, 1997
Zoning Alternative 2 would provide a density exceeding the four per acre required for urban
services. While somewhat reducing the number of potential multifamily units, it expands
opportunities for more single family development on a variety of lot sizes. A good amount of the
potential multifamily development as shown under zoning Alternative 1 would never be developed
because of existing developments and sensitive environments.
Alternatives 2 reflects both what is likely to develop and what is already on the ground. For this
reason, staff is recommending both Zoning Alternative 2 and Land Use Plan Map Alternative 2 for
the Planning Board's approval.
Staff Recommendation
Staff recommends that the Land Use & Planning Board take the following actions:
1. Recommend to the City Council adoption of Land Use Plan Map Alternative 2 as an
amendment to the Land Use Element of the City of Kent Comprehensive Plan.
2. Recommend to the City Council adoption of Zoning Alternative 2 as an amendment to the
City's Official Zoning Map.
MJ/tb:AZ97-2.MM
cc: James P. Harris. Planning Director
Fred Satterstrom, Planning Manager
Kevin O'Neill, Senior Planner
KEY TO ZONING DISTRICTS
(Each zone is listed opposite the most similar zone in the other jurisdiction)
City of Kent King County
SR-1 Residential Agricultural R-1 Urban Residential
I Dwelling Unit per Acre I Dwelling Unit per Acre
SR-2 Single Family Residential NA
2.18 Dwelling Units per Acre
SR-3 Single Family Residential NA
3.63 Dwelling Units per Acre
SR-4.5 Single Family Residential R-4 Urban Residential
4.53 Dwelling Units per Acre 4 Dwelling Units per Acre
SR-6 Single Family Residential R-6 Urban Residential
6.05 Dwelling Units per Acre 6 Dwelling Units per Acre
SR-8 Single Family Residential R-8 Urban Residential
8.71 Dwelling Units Per Acre 8 Dwelling Units per Acre
MRD Duplex Multifamily Residential R-12 Urban Residential
Approximately 10 Dwelling Units 12 Dwelling Units per Acre
Per Acre
MRG Garden Density Multifamily Residential R-18 Urban Residential
16 Dwelling Units per Acre 18 Dwelling Units per Acre
MRM Medium Density Multifamily Residential R-24 Urban Residential
23 Dwelling Units per Acre 24 Dwelling Units per Acre
MRH High Density Multifamily Residential R-48 Urban Residential
40 Dwelling Units per Acre 48 Dwelling Units per Acre
CC Community Commercial CB Community Business
NCC Neighborhood Convenience Commercial NB Neighborhood Business
O Professional and Office O Office
N/A UR Urban Reserve
0.2 Dwelling Units per Acre
.� For the purposes of this chart, "Dwelling Units" refers to principal dwelling units. Accessory
dwelling units and cluster housing, are not addressed in this definition chart.
mya,uer,inwcw,x.r.oa
DEL IMAR Ai, NEXAT. 10 - ZONING
ALTERNATIVE I
I
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2
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I
LEGEND SEPTEMBER 19J7
SR 4.5 SLNGLE FAMILY 4.50 DU/ACRE
CITY LIMITS
SR 6 SINGLE FAMILY 5.05 DU/ACRE
ZONING BOUNDARY
w MRD DUPLEX MULTIFAMILY 10 DU,'ACRE
GC GENERAL COMMERCIAL
NCC MRH MEDIUM DENSITY .MULTIFAMILY 20 DU 'ACRE
`•
l.l. NEIGHBORHOOD CONVENIENCE COMMERCIAL
nn MRM HIGH DENSITY MULTIFAMILY 40 DU .ACRE A
i/ PROFESSIONAL AND OFFICE nr _ mart i rvr. 1�vrr JAI
DEL MAR AN N E XAT 10N ZONI TNT G
ALTERNATIVE 2
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SEPTEMBER 22, 1OU7
LEGEND
SR 1 SINGLE FAMILY ONE DU/ACRE
^*""« CITY LIMITS SR 4.5 SINGLE FAMILY 4.50 DU/ACRE
ZONING BOUNDARY SR 6
�+
SINGLE FAMILY 6.05 DU/ACRE
GC GENERAL COMMERCIAL
MRM S1EUfUU DENSITY MULTIFAMILY _J DU >l ici.
NCC NEIGHBORHOOD CONvENIENCIS CO3ti111EHClAL It
L 1v1A A _LJA1 ___j _-JA_
ALT E R NAT IVE I
S 25] r•L 5 'S2 �/6 254 SI � sr
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LEGEND SEPTEMBER
CITY LIMITS MDMF MEDIUM DENSITY MULTIFAMILY
�+
LAND USE BOUNDARY
C COMMERCIAL
SF 6 SINGLE FASIILY 6 DIJ,ACRE \
LDMF LOW DENSITY MULTIFAMII.y
IIII - 111Y L�1
DEL MAR LAND v S E PLAN
ALTERNATIVE 2
I I f tft 1, -
a�
11 II1 S 252
1 251 Pl Sr I a /--yl
i
5 254 Sf
v C S 2S4 m SI
I
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J
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f 26211 5 c62 5�
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o
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5 25B 5r >i i
MDMF LD 5rt1
I I - Chi- .� I
ti 5
SEPTEMBER
LEGEND
MHP MOBILE HOME PARK
CITY LIMITS
LDMF LOW DENSITY MULTIFAMILY
LAND USE BOUNDARY
MDMF MEDIUM DENSITY MULTIFAMILY
C COMMERCIAL ^
SF 1 SINCLE FAMILY ONE DU ACRE 'I
CITY of �JtSV
Plann rtment (253) 859-3390/FAX(253) 850-254 t Jim White. Mayor
James s
LAND USE & PLANNING BOARD MINUTES
Public Hearing
September 22, 1997
The meeting of the Kent Land Use and Planning Board was called to order by Chair Steve Dowell
at 7:00 p.m. on September 22, 1997, in Council Chambers of Kent City Hall.
LAND USE & PLANNING BOARD MEMBERS PRESENT:
Steve Dowell, Chair
Brad Bell, Vice Chair
Tom Brotherton
Jerry Daman
Ron Harmon
Sharon Woodford
LAND USE & PLANNING BOARD MEMBERS ABSENT:
David Malik
PLANNING STAFF MEMBERS PRESENT:
James Harris, Planning Director
Fred Satterstrom, Planning Manager
Matthews Jackson, Planner/GIS Coordinator
Teresa Beener, Administrative Secretary
APPROVAL OF MINUTES
Board member Ron Harmon MOVED and Tom Brotherton SECONDED a motion to approve the
August 25. 1997 minutes. The motion carried.
ADDED ITEMS TO THE AGENDA
None.
COMMUNICATIONS
None.
NOTICE OF UPCOMING MEETINGS
None.
#AZ 97 2/#CPA 97 2 DEL MAR ANNEXATION ZONING - (M. Jackson)
., Planner Matthews Jackson explained that the City Council approved Ordinance No. 3351 on
June 3, 1997, which annexed the Del Mar area into the City of Kent as of July 1, 1997. The area is
#,tZ--9"-lJ#CPa-9,-IDELs1ARANNEUTIONZONING 1
")-,h kb v] F '01 TII 'KFNT Vtl-1ti{ I V(1'flly rNn '--<n< TPLI PHbVP. _a] Vui.;tnn _
Land Use and Planning Board Minutes
September 22, 1997
Page 2
approximately 578 acres which is just shy of a square mile. Mr. Jackson explained that the area is
generally located in the southwest comer of the previous City limits. The area is bounded by Pacific
Highway on the west, the existing City limits on the north and east, and the south by SE 272nd.
e into the City
The Del Mar area was
part of th��ityackson e Potential
xplained Annexation
t annexing this area completes om
unincorporated Kin County.
southwest corner of the Potential Annexation Area.
At the time of annexation, the area was assigned an interim zoning of SR-2, single family residential
2.18 units per acre. Mr. Jackson explained that all newly annexed lands to the city are given an SR-2
designation regardless of the previous King County zoning. He then explained that the City has six
months upon annexation to complete the zoning process.
There will be a total of three public hearings. The first hearing begins tonight before the Land Use
and Planning Board. The Board will make a recommendation that will be forwarded to the City
Council for their consideration. Two hearings will be held by the City Council, and by state law,
these hearings must be held 30 days apart. The first City Council public hearing is expected to take
place on October 7, 1997.
Mr. Jackson explained that the Del Mar annexation area was included in the Federal Way
Community Planning Area in King County. The Growth Management Act requires counties and
cities to establish housing targets. They are required to look at projections for growth, existing land
uses, and zoning capacity in order to establish targets. The County had given the Federal Way
Community Planning Area a target of 3,300 to 4,200 new housing units over the next 20 years. The
Del Mar area was a very small portion of the Federal Way planning area. Staff estimates an interim
target of 75 to 100 new housing units in the next 20 years is appropriate for the annexation area..
The housing developed in this area consists of approximately 29%single family detached residences
and about 67% multifamily. Mr. Jackson explained that the ratio of multifamily to single family in
this area is quite a bit higher than the overall City's ratios of 42% single family and 53% multifamily.
Existing land uses in this area are varied. There is intense commercial development along Pacific
Highway South(Fred Meyer and multiple shopping centers), moderate to high density multifamily
complexes located north of 260th and 259th, and single family residences throughout. A large
percentage of the annexation area was zoned R-4 in the County. Mr. Jackson stated that there are
some environmental constraints on new development. Single family subdivisions east of the freeway
along 272nd and on and near Military Road, are developed on typical suburban lots sizes of 6,000-
10,000 square feet. There is an existing Circle 'K' and an office development at the comer of
Military Road and South 272nd Street.
Mr. Jackson stated that the Planning Department earlier held an open house at the Westhill Fire
Station and about 35 residents attended. He explained that the major concerns that came up at the
0AZ.-97-I/kCPA-97-1 DEL MAR wNEr.-rios ZONING
Land Use and Planning Board Minutes
September 22. 1997
Page 3
open house were: public safety, traffic impacts (I-5, Pacific Highway, Military Road, and 272nd),
and preserving single family neighborhoods.
Mr. Jackson next outlined Zoning Alternative 1. He explained that Alternative 1 applies the most
applicable City zoning designation to the previous County designation. The residential land is
designated either SR-4.5 or SR-6. The existing fourplexes along 27th Place South are designated
Medium Density Multifamily(MRM). A series of apartment complexes(Appian Way,Cottonwood,
and Cedarwood) and a mobile home park were designated as R-48 (up to 48 units per acre) in King
County, and are designated High Density Multifamily (MRH) on Alternative 1.
Two vacant areas along Pacific Highway were designated as R-12 in King County. They have been
recommended for Duplex Multifamily (MRD)which would allow a single family home or a duplex
on a lot. MRD does not allow attached homes more than a duplex.
The two existing multifamily projects along 272nd(Huntington Woods and The Village Apartments)
were zoned R-24 in the county and are recommended for MRM in Alternative 1.
The existing commercial development at the comer of Military Road and 272nd is recommended
for Neighborhood Convenience Commercial (NCC) and the adjacent office development is shown
as office. These lots were designated Neighborhood Business and Office in the County.
Mr. Jackson summarized Zoning Alternative 2. He explained that Alternative 2 tries to match the
that they are developed. Mr. Jackson explained that one of the
existing land uses at the densities
main differences between Alternative 1 and 2 is that SR-6 zoning would expand to include all the
single family areas east of I-5. He explained that this reflects both the existing lot sizes, some of
which would not be conforming with an SR-4.5 designation, and adjacent neighborhoods which are
currently zoned SR-6.
Mr. Jackson explained that the area at 272nd and Military Road was recommended for NCC and
Office, as it was in Alternative 1. He received a letter from the owner of the office zoned property
requesting an office designation for an adjacent property to the north.
The existing multifamily developments are recommended for MRM. Mr.Jackson explained that the
properties are developed at a density which is approximately the same as MRM. This would be
zoning to what is on the ground, but would not allow additional density.
Alternative 2 recommends a General Commercial (GC) designation for the vacant parcels that were
zoned R-12 in the County as well as extending the GC zoning to end of the lots that front on Pacific
Highway South. The existing mobile home park would be given a Mobile Home Park (MHP)
designation. The existing multifamily development near 259th which includes the Royal Skies
P.U.D. is recommended for MRM. Based on the existing development, this would not allow for .
w more development but it would make the development conforming to Kent zoning densities. The
4AZ--9--J19CPA-97-I DEL STAR ANNE,tA r10N ZONING
3
Land Use and Planning Board Minutes
September 22, 1997
Page 4
density of two lots was used to develop the Royal Skies apartments, however, all the development
was done on only one lot. The second lot was established as permanent open space. The lot has
been recommended for a SR-1 designation to reflect this.
The recommended land use designations correlate with the recommended zoning designations.
Mr. Jackson presented the Comprehensive Plan land use map alternatives. Land Use Plan Map
Alternative I matches the recommended zoning for Zoning Alternative 1. He explained that the
areas designated as SR-4.5 and,SR-6 in the zoning map are recommended for SF-6 on the
Comprehensive Plan land use map and the area designated as SR-1 in Zoning Alternative 2 is
recommended for SF-1 for the land use map. The areas designated as GC,NCC and Office are given
a Commercial land use designation. The areas zoned as MRM or MRH are given a Medium Density
Multifamily designation, and the areas zoned as MRD area given a Low Density Multifamily
designation. The area zoned MHP in Alternative 2 would be given an MHP land use designation
in Land Use Plan Map Alternative 2.
Mr.Jackson explained that staff is recommending that the Land Use and Planning Board recommend
to the Council to amend the Land Use Element of the Comprehensive Plan by amending the land use
map to reflect Land Use Plan Map Alternative 2 and amend the City's zoning map to reflect Zoning
Alternative 2.
Board member Ron Harmon questioned the area that was designated R-4 in the County that the staff
propose for SR-6. Mr. Jackson explained that the City's SR-4.5 zoning designation requires a
minimum lot size of 7,600 square feet. He explained that there are several existing lots that do not
meet the minimum requirement. The SR-6 designation would allow all lots to conform with
minimum lot size requirements. The area is also adjacent to existing SR-6 zoning and would
continue with single family development.
Board member Tom Brotherton questioned whether staff recommended office zoning for the parcel
north of the existing office zone on Military Road, as requested in the letter written by the property
owner. Mr. Jackson explained that when researching the property the owner listed was not the
author of the letter, therefore, staff did not recommend office zoning for the adjacent property.
Chair Steve Dowell asked for an overview of the differences between the alternatives. Mr. Jackson
explained the main differences between the two alternatives.
Board member Ron Harmon MOVED and Tom Brotherton SECONDED a motion to open the public
hearing. Motion carried. The Board members noted staff would note questions the public has
concerning issues and comment on them after the public testimony.
Don Masoero, 3317 S. 259th Pace. Mr. Don Masoero commented that he was concerned with _
staff s recommendation which would increase commercial development and the potential of parking
NAZ--97-I/NCPA-97-1 D£L.NAR:INNE.tifT10NZONGVG
4
Land Use and Planning Board Minutes
September 22, 1997
Page 5
lots along Pacific Highway. He voiced his concern with current traffic and discussed increased
impacts with the additional commercial zoning.
Mr. Masoero commented that he is pleased with the increased police patrols but does not support
any increase in density. He stated that the infrastructure in the area is not set up for an increase in
density. He supports Alternative 1.
Alex Klouzal, 20910 Third Avenue South, Des Moines, WA 98198. Mr. Alex Klouzal
commented that he has owned property in this area for 40 years. He stated that there are some
environmental constraints that limit the development possibilities. He asked the Board to consider
a multifamily designation for his property.
Kevin Ruoff, 24517 129th Place SE. Mr. Kevin Ruoff stated that he supports the staff
recommendation.
Mel Kleveno, 601 S. 227th 9307N, Des Moines, WA 98198. Mr. Mel Kleveno stated that
represents property owners in the Del Mar area annexation. He commented that there is
environmental impacts in the area and only half or one-third of the area is developable. He stated
- that it is not economical to develop the area single family. He asked the Board to consider a
multifamily designation of MRM for the property he represents.
Donal McKlurkin,3410 S. 272nd Street. Mr. Donald McKlurkin owns and operates a Montessori
School and requested a zoning designation that would allow this use to continue.
Nora Rainwater,P. O. Box 4542,Kent,98032. Ms. Nora Rainwater stated she owns and manages
a fourplex. She was concerned with the requests for more multifamily. She stated that some of the
existing multifamiiy developments are not taken care of and she would not like to see more of the
same.
Simon Yang, 25653 32nd Place South. Mr. Simon Yang stated that he has lived in this area for
seventeen years. He commented that if the area Mr. Kleveno represents is not suitable for single
family development because of the developmental concerns he mentioned,then it would be even less
suitable for multifamily. Mr. Yang questioned the vacant land east of I-5.
Alex Klauzal, 20910 Third Avenue South, Des Moines, WA 98198. Mr. Alex Klouzal
commented that the cost is too much to develop his property single family.
Don Masoero, 3317 S. ?59th Place. Mr. Don Masoero stated that sewer availability does not
guarantee the capacity for new development. He is concerned with impacts from development,
w especially costs, traffic and wetlands. Mr. Masoero asked the Board not to open any doors for new
multifamily development.
MAZ--97-119CPA-97-1 DEL.LJAR AA4VE.)�,I TION ZONING 5
Land Use and Planning Board Minutes
September 22, 1997
Page 6
Planner Matt Jackson explained that most major projects go through a State Environmental
Protection Act (SEPA) process. The SEPA process will result in either a Determination of
Nonsignificance (DNS) or development of an Environmental Impact Statement (EIS). Most, if not
all project actions which do not require an EIS receive a Mitigated Determination of Nonsignificance
(MDNS) which is issued by the City's SEPA official. An MDNS will contain a few or a series of
conditions which are intended to mitigate for the expected impacts of a proposed development.
These conditions typically deal with traffic mitigation, sewer and water service, and stormwater
systems. He explained that a statement of sewer availability is required prior to accepting an
application for development. He explained that if a certificate of sewer availability is issued, it
means there is existing capacity to serve a proposed development. Mr Jackson also explained that
the staff s recommendation would allow a lower overall density that could develop under the
previous King County designations.
Regarding Mr. Klouzal's property, Mr. Jackson explained that his property was identified with
environmental concerns in the County. The County had zoned this property R-4 and the staff
recommended zoning is SR-4.5. He explained that the property will probably be more difficult to
develop because of the environmental constraints, however a single family designation is consistent
with previous zoning.
Mr. Kleveno's group of properties are encumbered by wetlands as well. Mr. Jackson explained that
it can be difficult to develop an area when there are environmental constraints. He commented that
because of the sensitive areas, a lower density should be considered. Mr. Jackson stated that there
cant amount of money invested to develop this area as single family residential,
would be a signifi
but staff would not recommend a change in its recommendation.
Mr. Jackson explained that schools are an allowed use in all residential zones through a Conditional
Use permit. He explained that anything legally established in King County would become legal in
the City upon annexation, regardless of new City zoning. He commented that a Conditional Use
permit would be required if an expansion or addition was desired.
The staff recommendation does not recommend any new multifamily development and Mr. Jackson
explained that the City could not enforce specific maintenance requirements for property owners.
Mr. Jackson explained that the vacant land along I-5 is owned by the state. He stated that the state
owns this land for the possibility of new lanes or additional exits if necessary.
Board member Tom Brotherton questioned if the area east of I-5 was mostly undeveloped.
Mr. Jackson explained that the area is largely built out.
Chair Dowell questioned the development standards for the commercial zones. Mr. Jackson
explained that the City does have development standards and landscape requirements. The parking
4AZ-47-1/4CPA-97-1 DELA4R9NNE.t4TIONZONING
Land Use and Planning Board Minutes
September 22, 1997
Page 7
for commercial developments does not have to be located in the rear of buildings, but landscape
requirement do provide screening.
Harmon commended the staff and Mr. Jackson for his excellent work on this project. Mr. Harmon
as a real eve opener. He supports staff recommended Zoning
stated that the tour of the area w
Alternative 2 with the addition of an office designation for the property located north of the existing
office zone as requested by the property owner. Mr. Harmon questioned what the existing use was
on the property. Mr. Jackson explained that there is a single family home currently on the lot.
Mr. Hams commented that the property owner did come to the open house requesting an office
designation because of the need for additional parking.
Board member Sharon Woodford stated that she supports Mr. Harmon's recommendation. She
stated that she lives in the area and the office could use additional parking.
Vice Chair Brad Bell commented that the Board should not make a recommendation to rezone this
parcel until it is determined whether the person making the request is indeed the property owner.
- Mr. Jackson stated that staff would investigate the ownership issue further.
Mr. Brotherton said he supports staffs recommendation with the office zone addition. He
commented that there is not a great difference between the SR-4.5 and SR-6 so he supports Zoning
Alternative 2.
Ms. Woodford stated that she agrees with Mr. Brotherton. She commented that it was unfortunate
for the property owners who wanted multifamily but would not recommend more multifamily in the
area.
Vice Chair Bell commented that a single family designation may not make economic sense for
Klouzal but without more information he supports the staff recommendation with the additional
office designation.
Board member Jerry Daman commented that staff did a good job. He supports Zoning and Land Use
Alternatives 2 with the office change.
The Board MOVED to recommend the adoption of the proposed Alternative 2 for both the zoning
map and the Comprehensive Plan land use map with the expansion of the office designation to
include one parcel north of the existing office designation. Motion carried.
Chair Dowell stated that this item will be heard by the City Council on October 7 and November 18
at public hearings.
NAZ_-97-11NCPA•97.1 DEL,WAR INNE.I:ITION ZONING
Land Use and Planning Board Minutes
September 22, 1997
Page 8
Mr. Harmon MOVED and Brotherton SECONDED a motion to adjourn. Motion carried. The
meeting adjourned at 9:25 p.m.
.Respectfully Submitted,
� r
James . Hams
Sec tary
P\PSMTG9.22
NAZ--97-!/0CP.4-97-/DEL%JAR ANNE.IATIO,N ZONING
CONSENT CALENDAR
3 . city council Action:
Councilmember moves, councilmember
seconds that Consent Calendar Items A through Q be approved.
Discussion
Action
3A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of
November 4 , 1997 .
3B. Approval of Bills.
Approval of payment of the bills received through October 31
and paid on October 31, 1997, after auditing by the Operations
Committee on November 4, 1997 .
Approval of checks issued for vouchers:
Date Check Numbers Amount
10/16/97 191376-191682 $ 854, 301.89
10/31/97 191683-192115 2 , 075 , 677 . 66
$2, 929, 979. 55
Approval of checks issued for payroll for October 16 through
October 31, 1997 , and paid on November 5, 1997 :
Date Check Numbers Amount
11/5/97 Checks 223527-223839 $ 235,266. 38
11/5/97 Advices 51413-51937 684 .549 . 60
$ 919,815.98
Council Agenda
Item No. 3 A-B
Kent, Washington
November 4, 1997
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, Orr and Woods, Operations
Director/Chief of Staff McFall, City Attorney Lubovich, Public
Works Director Wickstrom, Fire Chief Angelo, Parks Director
Hodgson, Acting Information Services Director Mulholland, Finance
Director Miller, and Employee Services Director Viseth.
Approximately 25 people were at the meeting.
PUBLIC Rent Civic and P@rforminc Art Center URdat@. Pat
COMMUNICATIONS Curran, 300 Scenic Way, noted that the Civic and
Performing Art Center project is a 501C3 non-
profit corporation and that a financial
feasibility study has been done. Don Campbell,
27813 13th Avenue South, noted that the study
found there is a need to provide more information
to the public, and that the business community is
not yet ready to fund such a project because it
does not know how it would benefit. He said they
would like to form a major marketing and communi-
cations initiative to make the public aware of
what the project could be for the community, as
well as to build a philanthropic awareness for
the private and business communities.
Campbell explained that they are proposing a
three-part project comprised of a 500-600 seat
performing arts facility, a 100-125 seat black
box facility to be used for meetings, rehearsals,
and so forth, and a lobby. He noted that this
will also meet their goal of providing meeting
space for community and business groups. He
stated that this facility is significant in all
Downtown Plan projections, that it would have
regional impact, that it should be positioned in
City government but that the City would not have
to bear the financial burden, and that the loca-
tion of the facility is still open.
Campbell said the next step will be an evaluation
of where the project will be in twelve months,
and then formation of a campaign organizing
committee to work on funding. Pat Curran pro-
vided Council with copies of the Philanthropic
Market Study.
ffiDloye@ of the Month. Mayor White announced
that Lesli opsahl, Administrative Assistant
to the Cultural Arts Division of the Parks
1
Kent City Council Minutes
November 4, 1997
PUBLIC Department, has been chosen as the Employee
COMMUNICATIONS of the Month for November. He noted that
Ms. Opsahl provides staff support to the Kent
Arts Commission programs and large scale City-
wide special events, and that she exudes the kind
of spirit and enthusiasm that inspires others.
Opsahl's supervisor, Tracey Wickersham, said that
Lesli is a very important part of their team, and
commended her for her work. The Mayor then
presented her with the Employee of the Month
plaque.
Introduction of Mavor's ADnointees._ Mayor White
introduced June Lombard, his appointee to the
Arts Commission, and Judge Bob McSeveney,
Municipal Court Judge.
GFOA Budget Award. Mayor White noted that each
year the Government Finance Officers Association
recognizes exemplary budget documents by State
and Local governments by presenting the
Distinguished Budget Presentation Award. He
announced that the City of Kent has received
this prestigious award for the 1997 Annual
Budget. He presented the award to Cliff Craig,
Financial Planning Manager, and thanked him for
a job well done.
CONSENT EPPERLY MOVED that Consent Calendar Items A
CALENDAR through K be approved, with the exception of
Item C. Woods seconded and the motion carried.
MINUTES (CONSENT CALENDAR - ITEM 3A)
ADRroval of Minutes. APPROVAL of the minutes of
the regular Council meeting of October 21, 1997.
PUBLIC WORKS (CONSENT CALENDAR - ITEM 3F)
House Relocation Contract. ACCEPT as complete
the House Relocation Contract and release of
retainage to Emerald City Building Restoration,
Inc. upon standard releases from the state and,
release of any liens, as recommended by the
Public Works Director. The original contract
amount was $93 , 000. 00. The final project cost
was $93 , 000. 00.
This project consisted of relocating two houses
in the vicinity of the 277th Corridor project
onto two city-owned lots, to be sold at a later
date.
2
Kent City Council Minutes
November 4 , 1997
ANNEXATION (CONSENT CALENDAR -_ITEM 3E)
ZONING
Meridian Valley __,.s..., In t;al Zoning and
Area Comprehensive Plan Amendments (AZ 97 1 and
CPA-97-1) . ADOPTION of ^"djnance No. 336 / for
the Meridian Valley Annexation Initial Zoning,
and ADOPTION of Ordinance No. 3368 for the Area
Comprehensive Plan Amendments. The City Council
held two public hearings on September 16 and
October 21, 1997.
(ADDED ITEM)
Meridian valley Annexation Zoning. Martin
D rkan. Jr. , 330 SW 43rd St. , Renton, noted that
during the adoption process on this issue, the
homeowners and residents in the area requested
the properties be zoned R6 residential zoning,
which the Council took action on. He said that
unfortunately when the motion was made to zone
the properties R6, it said that all properties
that were zoned duplex to be R6. He said this
left the Mackey property zoned 4.5 and that this
would only be an increase of two housing units on
his property. Durkan provided a map of the area
and requested that the Council look at this
- during the comprehensive planning process update
which is under way.
PLAT (CONSENT CALENDAR - ITEM 3I)
Paz Ridge Addition #1 Preliminary Plat SII-96-13.
SET November 18, 1997 , as the date for a public
meeting to consider a preliminary plat applica-
tion by Lakeridge Development, Inc. This plat is
2.5 acres in size, consists of 14 single family
lots, and is located at 11800 SE 268th Street in
Kent.
REZONES (CONSENT CALENDAR - ITEM 3J)
Stonebrock Suitss Resone RZ-97-3. SET
November 18, 1997, as the date for a public
meeting to consider a rezone application by
Roger Collins, Inn Ventures, Inc. The property
is approximately 4 . 6 acres and the request is
to rezone from M-1, Industrial Park, to M1-C,
Industrial Park - Commercial Suffix. The
property is located at the northwest corner of
S. 182nd Street and 72nd Avenue S.
3
Kent City Council Minutes
November 4 , 1997
REZONES (CONSENT CALENDAR - ITEM 3K) SET November 18,
Old 'Mal
store Re$one R3-97-2.
1997, as the date for a public meeting to con-
sider a rezone application by Jason Hong. The
request is to rezone from NCC, Neighborhood
Convenience Commercial, to CC, Community
Commercial. The property is approximately
13 , 632 square feet and is located at 24728 36th
Avenue South (Military Road) .
COUNCIL (CONSENT CALENDAR - ITEM 3D)
wo-''-`"' '- Tom";`�' e Issues. SET November 18,
1997 , at 5:30 p.m. as the date and time for a
Council Workshop on the 1998 State Legislative
Agenda.
DIVERSITY (ADDED ITEM)
niversity. Dr. Joseph Drake urged the Council
to appropriate funding to enhance and deliver a
quality diversity program and professional
development training for all employees. He also
suggested allocating funding to be used for
internships, job shadowing and apprenticeships.
POLICE (CONSENT CALENDAR - ITEM 3H)
po"ce Department Transfer of Funds. APPROVAL to
transfer $6, 518 from the Police MDT Sale project
(M70) to the Traffic Equip/RJC project (N43) for
expenditures that did not get reimbursed from RJC
revenues.
The Police MDT Sale project has $32,500 that is
being returned to these project funds for reallo-
cation in the 1998 budget for other new requests.
The Police Department requests $6, 518 of these
funds to cover the revenue not received from RJC.
APPOINTMENTS (CONSENT CALENDAR - ITEM 3C)
(REMOVED BY COUNCILMEMBER CLARK)
MuniCIR&I Court Judge Reappointment. Judge
Robert B. C. McSeveney has served as Kent
Municipal Court Judge for the past four years.
His first term expires December 31, 1997. Judge
McSeveney has done an excellent job as evidenced
by the King County Bar Association survey, which
indicates a satisfactory or better rating from
94% of attorneys practicing in the Kent Municipal
Court. State law provided for appointment of a
municipal court judge for a four-year term, and
requires such appointment to be made prior to
December 1st.
4
Kent City Council Minutes
November 4, 1997
APPOINTMENTS Upon Clark's request, McFall noted that the Court
has grown into an efficient system, even though
growth in the city has impacted it. He com-
mended Judge McSeveney and Court Administrator
Margaret Yetter on the good job they have done.
Clark thanked the Judge for his organization of
the court, noting that there are many needs and
limited resources. HE THEN MOVED for the
reappointment of Judge McSeveney. Woods
seconded and the motion carried.
(CONSENT CALENDAR - ITEM 3G)
Arts Commission ADDOiIItnaat. CONFIRMATION of the
Mayor's appointment of June Lombard to serve as a
member of the Kent Arts Commission. Her new
appointment will continue until 10/31/2001.
Ms. Lombard is a long time Kent resident and is
employed as a Court Clerk at the Regional Justice
Center. She attended college in Chicago where
she studied criminal law.
Ms. Lombard collects paintings and especially
enjoys miniature doll houses. She is involved in
building and furnishing the miniatures and also
collects miniature dolls. She makes her own
dolls pouring molds, painting, and sewing
clothing for them.
EQUIPMENT (BIDS - ITEM 5A)
pc Purchase. The City is preparing to implement
a major upgrade in the City' s existing computer
infrastructure, including significant alterations
to nearly all hardware and software systems. In
order to implement this overall comprehensive
program, the City needs to purchase a large block
of desktop computers. Pricing and timing of
delivery for these PC' s is crucial to the overall
upgrade plan.
The City has an ongoing contractual agreement
with R&D Industries, Inc. that provides the City
with the same pricing for computers and related
products that is available to the State of
Washington. Because of the need to obtain
timely delivery and competitive pricing, the
requirement for advertised bids under Chapter
3 .70 of the Kent City Code has been waived
allowing staff to utilize the existing contract
with R&D Industries, and also to seek written
quotes from other vendors if they can provide
better price and delivery terms.
5
Kent City Council Minutes
November 4, 1997
EQUIPMENT McFall noted that this item was presented to the
Operations Committee today.
JOHNSON MOVED to authorize the purchase of desk-
top pc's and related equipment at current State
of Washington pricing now available from R&D
Industries, which is estimated at $158,423 .96,
or from- a different vendor if the City can obtain
better pricing and delivery terms than provided
by R&D Industries. Houser seconded and the
motion carried.
BUDGET/ (PUBLIC HEARINGS - ITEM 2A)
TAX LEVY 1998 Budget and TAX Lw o . This is the second
public hearing on the 1998 Budget. The public is
invited to give comments and input on the budget.
It is also a public hearing on the property tax
levy for the 1998 budget. The 1998 Preliminary
Budget is in balance and includes a budgeted
General Fund reserve of 10% of expenditures.
Adoption is scheduled for the November 18, 1997,
Council meeting. The budget document is availa-
ble in the City Clerk' s Office.
Finance Director Miller stated that the budget is
in balance assuming that Referendum 47 passes.
She noted that if the new tax levy passes, it
will only guarantee the City to receive any
increase from new construction, improvements in
property or increase on the value of state-
assessed property. She said beyond that would
require a separate hearing and ordinance that
adopts the lesser of 6% or the inflation as set
by the implicit price deflator. She said that
is a 1. 9% increase, and that the budget includes
$275 , 291 over last year, which was $14 , 489, 025.
She said the final levy is scheduled for
December 91 1997, and that there will be an
Operations Committee on November 18 at which
the budget will be discussed.
Mayor White opened the public hearing. Louise
Matthews, 615 W. Harrison, President of the
Harrison House Resident Council, thanked the City
for their continued support of low-income senior
residents. Melvin Tate, Chair of the Human
Services Commission, noted that their allocations
total $428 , 778. He reported that they funded 17
agencies this year, totaling 25 different pro-
grams. He explained how the Commission operates,
6
Kent City Council Minutes November 4, 1997
BUDGET/ and thanked the Mayor and Council for the re-
TAX LEVY sources they provide. Steve Anderson, Childrens
Therapy Center of Kent, thanked the Council for
the vision they had ten years ago in establishing
the Human Services Commission and providing the
funding to implement their recommendations. He
said this funding has provided assistance in the
areas of youth services, emergency services and
medical needs. He commended the Mayor and
Council for their vision and for the positive
way the staff has carried it out. He expressed
appreciation for continued support.
There were no further comments from the audience
and HOUSER MOVED to close the public hearing.
Woods seconded and the motion carried.
Orr noted that it was discussed at the Operations
Committee meeting today that funds have been set
aside for recommendations from the Multi Cultural
Task Force, and asked that a comprehensive plan
for diversity training be spelled out in the bud-
get. She suggested forming a citizen oversight
committee or task force to aid in establishing
guidelines as to what is and is not appropriate
to show on the cable channel, and noted that
funds may be required in the budget for this.
She said that citizens have good ideas and need a
way to provide them to the city.
FINANCE (CONSENT CALENDAR - ITEM 3B)
Approval of Bills. APPROVAL of payment of the
bills received through October 15 and paid on
October 15, 1997 , after auditing by the
Operations Committee on October 21, 1997.
Approval of checks issued for vouchers:
Date Check Numbers Amount
9/30/97 190534-190940 $ 658, 621. 60
10/15/97 190941-191375 2 , 482 ,094. 21
$3 , 140,715. 81
Approval of checks issued for payroll for
October 1 through October 15 and paid on
October 20, 1997 :
Date Check Numbers Amount
10/20/97 Checks 223204-223526 $ 248, 013 .75
�. 10/20/97 Advices 50891-51412 705,542 .40
$ 953 ,556. 15
7
Kent City Council Minutes
November 4, 1997
REPORTS opera ions Committee- Johnson noted that the
committee will meet at 3 : 00 P.M. on November 18.
public Works Committee. Clark noted that the
committee will meet at 3 : 30 p.m. on November 5 .
Planninc Committee. Orr noted that the next
committee meeting will be held at 4 : 00 p.m. on
November 18, not at 3 : 30 as previously announced.
Public Safety Committee. Bennett noted that the
committee will meet on November 18 at 5: 00 p.m.
ADJOURNMENT The meeting adjourned at 7: 35 p.m.
QGo-��iv
Brenda Jaco , CMC
City Clerk(
8
Kent City Council Meeting
Date November 18 , 1997
Category Consent Calendar
1. SUBJECT: 277TH CORRIDOR CONDEMNATION ORDINANCE
2 . SUMMARY STATEMENT: Adoption of Ordinance No. author-
izing condemnation by eminent domain proceedings for property
necessary for construction of the 277th Corridor, which
property is owned by Mike Carpinito, as recommended by the
Public Works Committee.
The City has been unsuccessful thus far in obtaining agricul-
tural lands for in-kind compensation to Mr. Carpinito for the
property from either King County or an adjacent property owner.
3 . EXHIBITS: Ordinance, Public Works Committee minutes and Public
Works Director memorandum
4 . RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS•
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION•
Council Agenda
Item No. 3C
r aroinito Condemnation Ordinance
Brubaker explained that this is part of the S. 277th Street Corridor project and it is a
request for the Committee's approval to bring to Council an ordinance to condemn
certain property necessary to construct and complete the S. 277th St Corridor. He said
the property lies in the valley immediately west of the Green River along S. 277th St.
We have had an agreeable working relationship with the property owner, Mike
Carpinito, on the use of his property; he is a farmer and he has indicated that his real
preference would be rather than compensating him for his loss, find some other farmland
adjoining his existing parcel. Brubalcer said we have been attempting to negotiate with
adjoining property owners in King County and have been unable to achieve that
purchase so we can swap farmland for farmland. As a result, we are at a point now
where, under an existing agreement with Mr. Carpinito, we need to move ahead with
eminent domain proceedings. Brubaker said that the purpose of this proceeding is
simply to move the process forward and help us to determine the appropriate valuation
for the property taken. In response to Clark, Brubaker stated that Mr. Carpinito is
completely familiar with the process.
Committee unanimously recommended that Council authorize condemnation
proceedings on the Carpinito property along the S. 277th Street Corridor.
Boeing Environmental Fine
Wickstrom explained that an environmental fine for pollution was imposed on Boeing
and as part of their settlement with the Dept of Ecology, they wanted to spend the
money in Kent where the incident occurred. Ecology was receptive to that - Boeing is
giving us $14,400 and they have worked out a program to help revegetate Mill Creek.
He said that at this time we are asking for authorization to accept the money and
establish the budget for the Mill Creek Revegetation/Restoration project.
Committee unanimously recommended that staff be directed to accept the funds of
$14,400 and establish a budget for same and use these funds for the NO Creek
Revegetation/Restoration project.
M (World ication License Agreement
Brubaker explained that MFS (World Comm) is seeking permission to extend a
telephone trunk line facility to a location at the corner of 196th St and West Valley
Highway (the southeast corner). At that location is a US West facility and the goal of
MFS is to extend that trunk line to the US West facility and from there to connect with
US West to provide local telephone service to a portion of the City of Kent. Brubaker
stated that we are currently developing a policy and an ordinance that will control the
2
DEPARTMENT OF PUBLIC WORKS
November 5, 1997
TO: Public Works Committee
FROM: Don Wickstrom
RE: Carpinito Condemnation Ordinance
This is a request for approval to move forward with condemnation eminent domain
proceedings against the Carpinito property to compensate Mike Carpinito for the
property taken along the 277th Street Corridor.
The City has been attempting to obtain agricultural lands for in-kind compensation to
Mike Carpinito from either Icing County or an adjacent property owner however, the
Citv has been unable to achieve this. As a result, the City will need to proceed with
condemnation on the property in order to obtain a judgement as to the monetary
damages occurring to the Carpinito property as the result of the City's taking the right-
of-way for the 277th Street Corridor.
ACTION: Recommend that Council authorize condemnation proceedings on the
Carpinito property along the S. 277th Street Corridor.
j ORDINANCE NO.
AN ORDINANCE of the City of Kent. Washington,
providing for the acquisition of certain property and/or
property rights in order to construct, extend, widen,
improve, alter, maintain and reconstruct Southeast 277th
Street between East Valley Highway (Auburn Way North)
and the Green River; providing for the condemnation,
appropriation, taking and damaging of such property rights
as are necessary for that purpose; providing for the payment
thereof out of the 272nd Corridor Project Fund (Fund R-
87); and directing the City Attorney to prosecute the
appropriate legal proceedings,together with the authority to
enter into settlements, stipulations or other agreements; all
of said property located within King County, Washington.
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THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
ORDAINS AS FOLLOWS: .
SECTION 1. After hearing the report of City staff,. and after reviewing the
planned improvements for the Southeast 277th Street Corridor Project (the "Project"), the
City Council finds and declares that the public convenience, use, health, safety and
necessity demand that the City of Kent condemn, appropriate, take and damage portions
of certain real property located in King County, Washington, in order to acquire the
necessary property and/or property rights for the construction of the Project, including all
necessary appurtenances. This parcel is legally described in Exhibit A (3 pages), attached
and incorporated by this reference (the "Property"). The purposes for which this
condemnation is authorized shall include, without limitation, all acts necessary to complete
the construction, extension. improvement. widening, alteration. maintenance and
reconstruction of the Project. including improvements for drainage, curbs and gutters,
sidewalks, bicycle paths, landscaping, illumination, signal improvements, electrical
facilities, utilities, utility adjustments and relocations, and any other street or municipal
purposes that may become necessary from time to time on the Property.
SECTION 2. The City authorizes the acquisition by condemnation of all
or a part of the Property for the construction, extension, improvement, widening, alteration.
maintenance and reconstruction of the Project, including acquisition of property and/or
property rights, together with all necessary appurtenances and related work to make a
complete improvement according to City standards.
SECTION 3. The City shall condemn the Property only after just
compensation has first been made or paid into court for the owner or owners in the manner
prescribed by law.
.SECTION 4. The City shall pay for the entire cost of the acquisition by
condemnation provided for in this ordinance through the City's "272nd Street Corridor
Project" fund (Fund R-87) or from any of the City's general funds, if necessary, as maybe
provided by law.
SECTION 5. The City authorizes and directs the Cin Attorney to
commence those proceedings provided by law that are necessary to condemn the Property.
In commencing these condemnation procedures, the City Council authorizes the City
Attorney to enter into settlements, stipulations or agreements in order to minimize
damages, which settlements, stipulations or agreements may include, but not be limited to,
the amount of just compensation to be paid, the size and dimensions of the property
condemned, and the acquisition of temporary construction easements and other property
interests.
i
SECTION 6. Any acts consistent with the authority and prior to the
effective date of this ordinance are ratified and confirmed.
SECTION 7. The provisions of this ordinance are declared to be separate
and severable. The invalidity of any clause, sentence. paragraph, subdivision. section or
portion of this ordinance, or the invalidity of the application thereof to any person or
circumstances shall not affect the validity of the remainder of this ordinance. or the validity
of its application to other persons or circumstances.
SECTION 8. This ordinance, being the exercise of a power specifically
delegated to the City legislative body, is not subject to referendum, and shall take effect
and be in force five (5) days after publication of the attached summary, which is hereby
approved.
JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
I
PASSED the day of , 1997.
APPROVED the _day of 1997.
PUBLISHED the _day of 1997.
i
I hereby certify that this is a true and correct 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.
I
BRENDA JACOBER, CITY CLERK
P ILAWIORDINANCTONDEM04 ORD
it
III
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PCL 4r
�73 y--�,
That portion of Section 31, Township 22 North, Range 5 East, W.M., in King County,
Washington described as follows:
Commencing at northeast corner of the W.A. Cox D.L.C. Number 38, which point is also
the southeast corner of the R.H. Beatty D.L.C. Numbers 37 and 44 and the northwest
comer of the G.E. King D.L.C. Number 40; thence along the north line of said Cox D.L.C.
South 88°59'57" East 2,255.72 feet more or less to a point an the southwesterly property
line of that portion conveyed to King County and recorded under King County Auditor's File
Number 8003079002 thence North 46026'33" West along said southwesterly line 489.44
feet to the TRUE POINT OF BEGINNING; thence North 46°26'33" West along said
southwesterly line 300.00 feet; thence North 42°27'34" West 172.51 feet; thence North
30°01'53" West 292.00 feet; thence North 14001'53" West 211.00 feet; thence North
03031'53" West 247.00 feet; thence North 51`31'53" West 157.00 feet; thence South
31052'38" East 224.37 feet; thence South 00038'01" East 337.47 feet; thence South
31°52'01" East 421.53 feet; thence South 52025'19" East; 409.49 feet to the TRUE POINT
OF BEGINNING.
AREA = 41,902 S.F.
EXHIBIT
LEGALSiCARPKCPK._77
„L 47
- 273 7.so
CARPINITO RIGHT-OF-WAY
That portion of Section 31, Township 22 North, Range 5 East. W.M., in '<inc County,
Washington described as follows:
Beginning at the northeast corner of the W.A. Cox D.L.C. Number 38. wnicn point is also
the southeast comer of the R.H. Beatty D.L.C. Numbers 37 and 44 and the northwest
comer of the G.E. King D.L.C. Number 40: thence along the east line of said Beatty D.L.C.
North 00034'56” East 98.00 feet: thence South 89040'09" East 848.81 feet. thence North
83°55'53" East 1 ,145.32 feet more or less to a point on the southwesterly property iine cf
that portion conveyed to King County and recorded under King County Auditor's Flie
Number 8003079002; thence South 46026'33" East along said southwesterly line 367.99
feet to the north line of said G.E. King D.L.C.; thence North 88°59'57" West along laic
north line 2.255.72 feet to the POINT OF BEGINNING.
AREA = 323,860 S.F.
273950
GAe P/�iTa (1147) _.
The land referred to in this commitment is situated in the county of .
King, state of Washington, and described as follows :
That portion of Sections 30 and 31 , Township 22 North, Range 5 East ,
W.M. , in King. County, Washington, described as follows :
Commencing at the West quarter corner of said Section 30 , Township
22 North, Range 5 East W.M. , in King County, Washington;
thence along the East-West centerline of said Section 30 , south
89001126" east 1, 224 . 49 feet distant to a point on the line of
ordinary highwater of the Green River;
thence continuing along said centerline of Section 30 , south
89001 ' 26" east 773 . 52 feet distant to a point on a line concentric
with and 150 feet westerly of the top of the left bank of the Green
River, said point lying west 89001126" west 488 . 61 feet from the
existing King County Survey Monument at the center of said
Section 30 ;
thence Southerly along said line the following courses :
south 20043119" west 101. 57 feet, south 38039 ' 10" west 478 . 32 feet,
south 08032 ' 59" west 301 . 18 feet, south 26018126 east 426 . 94 feet,
south 470151031, east 241 . 75 feet , south 43024122" east 386 . 06 feet
to the TRUE POINT OF BEGINNING;
thence south 43024 ' 22" east 126 . 51 feet , south 28°05 ' 37" east
264 . 54 feet, south 11005128" east 349 . 22 feet, south 24036153" east
137 . 00 feet, south 48051 ' 53" east 163 . 00 feet , south 58026153" east
323 . 00 feet , south 69030130" east 382 . 78 feet, south 51031153" east
157 . 00 feet, south 03031153" east 247 . 00 feet, south 14001 ' 53" east
211 . 00 feet, south 30°O1 ' 53" east 292 . 00 feet , south 42°27 ' 34" east
172 . 51 feet, south 46026133" east 789 . 44 feet, to a point on the
easterly extension of the south line of the R.H. Beatty D.L. C.
Numbers 37 and 44 ;
thence north 89000 ' 01" west along said line a distance of
2 , 255 . 93 feet to the northeast corner of the Cox D . L. C. , which point
is also the southeast corner of said R.H. Beatty D .L. C. Numbers 37
and 44 and northwest corner of the G. E. King D .Q.C . Number 40 ;
thence along the east line of said Beatty D . L. C. north 00035106"
east 2 , 638 . 59 feet to the northeast corner of the Beatty D . L.C. ;
thence south 88056 ' 30" east 112 . 35 feet to the TRUE POINT OF
BEGINNING .
Kent city council Meeting
Date November 18 , 1997
Category Consent Calendar
1. SUBJECT: MILL CREEK REVEGETATION PROJECT FUNDS - ACCEPT AND
ESTABLISH BUDGET
2 . SUMMARY STATEMENT: Accept Mill Creek Revegetation Project
funds, establish.a budget and use these funds for the Mill
Creek Revegetation/Restoration Project, as recommended by the
Public Works committee.
The Department of Ecology has imposed an environmental fine on
the Boeing Company and as part of their settlement, Boeing has
given the City $14,400 to be used for the Mill Creek Revegeta-
tion project, which involves tree plantings along Mill Creek.
3 . EXHIBITS: Public Works committee minutes and Public Works
Director memorandum
4 . RECOMMENDED BY: Public Works committee
(Committee, Staff, Examiner, Commission, etc. )
.5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION•
Council Agenda
Item No. 3D
Carpinito Condemnation Ordinance
-� Brubaker explained that this is part of the S. 277th Street Corridor project and it is a
request for the Committee's approval to bring to Council an ordinance to condemn
certain property necessary to construct and complete the S. 277th St Corridor. He said
the property lies in the valley immediately west of the Green River along S. 277th St.
We have had an agreeable working relationship with the property owner, Mike
Carpinito, on the use of his property; he is a farmer and he has indicated that his real
preference would be rather than compensating him for his loss, find some other farmland
adjoining his existing parcel. Brubaker said we have been attempting to negotiate with
adjoining property owners in King County and have been unable to achieve that
purchase so we can swap farmland for farmland. As a result, we are at a point now
where, under an existing agreement with Mr. Carpinito, we need to move ahead with
eminent domain proceedings. Brubaker said that the purpose of this proceeding is
simply to move the process forward and help us to determine the appropriate valuation
for the property taken. In response to Clark, Brubaker stated that Mr. Carpinito is
completely familiar with the process.
Committee unanimously recommended that Council authorize condemnation
proceedings on the Carpinito property along the S. 277th Street Corridor.
Boeing Environmental Fine
"`yyy Wickstrom explained that an environmental fine for pollution was imposed on Boeing
and as part of their settlement with the Dept of Ecology, they wanted to spend the
money in Kent where the incident occurred. Ecology was receptive to that - Boeing is
giving us $14,400 and they have worked out a program to help revegetate Mill Creek
He said that at this time we are asking for authorization to accept the money and
establish the budget for the Mill Creek Revegetation/Restoration project.
Committee unanimously recommended that staff be directed to accept the funds of
$14,400 and establish a budget for same and use these funds for the Mill Creek
Revegetation/Restoration project.
MF (World Comm). Communication License Agreemen
Brubaker explained that MFS (World Comm) is seeking permission to extend a
telephone trunk line facility to a location at the comer of 196th St and West Valley
Highway (the southeast comer). At that location is a US West facility and the goal of
MFS is to extend that trunk line to the US West facility and from there to connect with
US West to provide local telephone service to a portion of the City of Kent. Brubaker
stated that we are currently developing a policy and an ordinance that will control the
2
DEPARTMENT OF PUBLIC WORKS
November S, 1997
TO: Public Works Committee
I
FROM: Don Wickstro
RE: Boeing Environmental Fine
The Dept of Ecology has imposed an environmental fine on the Boeing Company and
we are in receipt of these funds from Boeing in the amount of $14,400. These funds
will be used for the Mill Creek Revegetation/Restoration Project which involves planting
native vegetation along the reaches of Mill Creek. The plantings will provide shade and
reduce water temperatures for Fish habitat, stabilize streambanks and improve water
quality.
ACTION: Recommend that staff be directed to accept the funds in the amount of
S 14,400, establish a budget for same and use these funds for the Mill
Creek Revegetation/Restoration Project.
Kent City Council Meeting
Date November 18 . 1997
Category Consent Calendar
1. SUBJECT: YOUTH/TEEN UTILITY TAX, REAUTHORIZE - ORDINANCE AND
POLICY
2 . SUMMARY STATEMENT: As recommended by the Operations
Committee at their November 4, 1997 meeting, adoption of
Ordinance No. amending Chapter 3 . 18 of the Kent City Code
extending the sunset provision for the Youth/Teen Utility Tax
for two additional years through December 31, 1999, and estab-
lishing a policy, as recommended by the Operations Committee,
whereby .25 percent will be utilized for operations and . 05
percent for capital projects.
3 . EXHIBITS: Ordinance
4 . RECOMMENDED BY: Operations Committee (3-0)
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS•
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION•
Council Agenda
Item No. 3E
1
ORDINANCE NO. 33a-1
AN ORDINANCE of the City Council of the City of
1 Kent, Washington, amending Chapter 3.18 of the Kent City
Code relating to utility taxes to extend the sunset provisions of
�o the interim tax assessed for youth teen programs to provide for
continued funding of youth teen programs.
33 WHEREAS, the City's utility tax assesses an interim tax of three-tenths (0.3)
i
percent which revenue is dedicated for youth teen programs; and
I i
i
WHEREAS, the interim tax sunsets December 31, 1996; and I
WHEREAS, the City Council finds that the city's youth teen program is
beneficial to the citizens of the community and would like to continue the interim tax for
such programs by extending the date the interim tax sunsets; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
YOUTH TEEN TAX
I.
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SECTION 1. Section 3.18.020 of the Kent City Code is hereby amended to
i
read as follows:
i
Sec. 3.18.020. Certain utilities subject to tax. j
A. In addition to the other business and license fees required by the ordinances of
ersons (including the city) engaged in certain
the city, there is hereby levied upon all p
business activities a utilities tax to be collected as follows:
1 . Upon every person engaging in or carrying on any telephone business
within the city, an annual tax equal to three and one-half (3 1/2) percent of
the total gross operating revenues, including revenues from intrastate toll,
derived from the operation of such business within the city. In addition,
there shall also be assessed an interim tax of three-tenths (0.3) percent
effective until 1 1 :59 p.m. on December 31, +9%1997 which revenue from
said interim tax shall be dedicated to youth teen programs, plus an interim
tax or one (1 .0) percent effective until 11 :59 p.m. on December 31, 2006,
which revenue from said interim tax shall be dedicated to street
improvement programs. Gross operating revenues for this purpose shall not i
include charges which are passed on to the subscribers by a telephone
company pursuant to tariffs required by regulatory order to compensate for
the cost to the company of the tax imposed by this chapter.
2. Upon every person engaging in or carrying on a business of selling,
furnishing, distributing, or producing gaseous gas for commercial or
domestic use or purposes, a fee or tax equal to three and one-half (3 1/2)
percent of the total gross income from such business in the city during the
tax vear for which the license is required. In addition, there shall also be
assessed an interim tax of three-tenths (0.3) percent effective until 11:39
p.m. on December 31, +9961997 which revenue from said interim tax shall
be dedicated to youth teen programs, plus an interim tax of one (1 .0)
percent effective until 1 1 :59 p.m. on December 31 , 2006, which revenue
from said interim tax shall be dedicated to street improvement programs.
3. Upon every person engaged in or carrying on the business of selling,
furnishing, or distributing electricity for light and power, a fee or tax equal
to three and one-half (3 1/2) percent or the total gross income from such
business in the city during the tax year for which a license is required. In
addition, there shall also be assessed an interim tax of three-tenths (0.3)
2
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II I
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II percent effective until 11 :59 p.m. on December 31, +91997 which
96
revenue from said interim tax shall be dedicated to youth teen programs,
plus an interim tax of one (1 .0) percent effective until 11:59 p.m. on
December 31, 2006, which revenue from said interim tax shall be dedicated
to street improvement programs.
4. Upon every person engaging in or carrying on a business providing garbage
service, a tax equal to six and one-half (6 1/2) percent of the total gross
income from such business in the city during the tax year for which the
license is required. In addition, there shall also be assessed an interim tax of
three-tenths (0.3) percent effective until 11 :59 p.m. on December 31,
+9461997 which revenue from said interim tax shall be dedicated to youth
teen programs, plus an interim tax of one (1 .0) percent effective until 11:59
p.m. on December 31, 2006, which revenue from said interim tax shall be
dedicated to street improvement programs.
5. Upon every person (including the city) engaging in or carrying on the
business of selling, furnishing or distributing water, sewer or drainage
services, a tax equal to three and one-half (3 1/2) percent of the total gross
income from such business in the city during the tax year. In addition, there
shal
l also be as
sessed
ssed an interim tax of three-tenths (0.3) percent effective
until 11 :59 p.m. on December 31, 4-9%L997, which revenue from said
interim tax shall be dedicated to youth teen programs, plus an interim tax of
one (1 .0) percent effective until 11 :59 p.m. on December 31, 2006, which
revenue from said interim tax shall be dedicated to street improvement
programs.
B. In computing the tax provided in subsection A., the taxpayer may deduct from
gross income, the following items:
1 . The actual amount of credit losses and uncollectibles sustained by the
taxpayer.
2. Amounts derived from the transactions in interstate and foreign commerce
which the city is prohibited from taxing under the laws and constitution of
the United States.
3
III
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SECTION 2. If any one or more sections, sub-sections, or sentences of this
Ordinance are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this Ordinance and the same shall remain in full force
and effect.
SECTION 3. This Ordinance shall take effect and be in force thirty (30) days
from the time of its final approval and passage as provided by law.
JI HITE, [ AYOR
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ATTEST:
BRENDA JACOB ER, ITT�CLERK
APPROVED AS TO FORM:
ROG R A. LU OVICH, CITY ATTORNEY
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PASSED s day of ��� 1996.
tk.
APPROVED / day of 1996.
PUBLISHED D day of 1996.
I hereby certify that this is a true copy of Ordinance No. -3 �� , passed
by [he City Council of the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated.
EAL)
BRENDA JACOB CIT CLERK
UTITAXB.ORD
5
!i
., ...._ . ._. _ ...._.�� . .... ... ........... ... __.._.... .. _ . ..._._. , ....
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending Chapter 3.18 of the Kent
City Code relating to utility taxes to extend the sunset
provisions of the interim tax assessed for youth teen
programs to provide for continued funding of youth teen
programs.
WHEREAS,the City's utility tax assesses an interim tax of three-tenths(0.3)
percent which revenue is dedicated for youth teen programs; and
WHEREAS, the interim tax sunsets December 31, 1997; and
WHEREAS, the City Council finds that the city's youth teen program is
beneficial to the citizens of the community and would like to continue the interim tax for
such programs by extending the date the interim tax sunsets. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION]. Section 3.18.020 of the Kent City Code is hereby amended
to read as follows:
Sec. 3.18.020. Certain utilities subject to tax.
A. In addition to the other business and license fees required by the ordinances
of the city, there is hereby levied upon all persons (including the city) engaged in certain
business activities a utilities tax to be collected as follows:
1. Upon every person engaging in or carrying on any telephone business
within the city, an annual tax equal to three and one-half(3 1/2) percent of
the total gross operating revenues, including revenues from intrastate toll,
derived from the operation of such business within the city. In addition,
I'
there shall also be assessed an interim tax of three-tenths (0.3) percent
� effective until 11:59 p.m. on December 31, }947-1999 which revenue from
said interim tax shall be dedicated to youth teen programs, plus an interim
tax of one (1.0) percent effective until 11:59 p.m. on December 31, 2006,
which revenue from said interim tax shall be dedicated to street
improvement programs. Gross operating revenues for this purpose shall not
include charges which are passed on to the subscribers by a telephone
company pursuant to tariffs required by regulatory order to compensate for
the cost to the company of the tax imposed by this chapter.
2. Upon every person engaging in or carrying on a business of selling,
furnishing, distributing, or producing gaseous gas for commercial or
domestic use or purposes, a fee or tax equal to three and one-half(3 1/2)
percent of the total gross income from such business in the city during the
tax year for which the license is required. In addition, there shall also be
assessed an interim tax of three-tenths (0.3) percent effective until 11:59
p.m. on December 31,49941999 which revenue from said interim tax shall
be dedicated to youth teen programs. plus an interim tax of one (1.0)
percent effective until 11:59 p.m. on December 31, 2006, which revenue
from said interim tax shall be dedicated to street improvement programs.
3. Upon every person engaged in or carrying on the business of selling,
furnishing, or distributing electricity for light and power, a fee or tax equal
to three and one-half(3 1/2) percent of the total gross income from such
business in the city during the tax year for which a license is required. In
addition, there shall also be assessed an interim tax of three-tenths (0.3)
percent effective until 11:59 p.m. on December 31. 49941999 which
revenue from said interim tax shall be dedicated to youth teen programs,
plus an interim tax of one (1.0) percent effective until 11:59 p.m. on
December 31, 2006.which revenue from said interim tax shall be dedicated
I
to street improvement programs.
4. Upon every person engaging in or carrying on a business providing garbage
service, a tax equal to six and one-half(6 1/2) percent of the total gross
income from such business in the city during the tax year for which the
license is required. In addition, there shall also be assessed an interim tax
of three-tenths (0.3) percent effective until 11:59 p.m. on December 31,
44941999 which revenue from said interim tax shall be dedicated to youth
teen programs,plus an interim tax of one (1.0) percent effective until 11:59
p.m. on December 31, 2006. which revenue from said interim tax shall be
dedicated to street improvement programs.
5. Upon every person (including the city) engaging in or carrying on the
business of selling, furnishing or distributing water, sewer or drainage
services, a tax equal to three and one-half(3 1/2) percent of the total gross
income from such business in the city during the tax year. In addition, there
shall also be assessed an interim tax of three-tenths (0.3) percent effective
until 11:59 p.m. on December 31. 44941999, which revenue from said
interim tax shall be dedicated to youth teen programs, plus an interim tax
of one(1.0)percent effective until 11:59 p.m. on December 31.2006.which
revenue from said interim tax shall be dedicated to street improvement
programs.
B. In computing the tax provided in subsection A.. the taxpayer may deduct
from gross income, the following items:
1. The actual amount of credit losses and uncollectibles sustained by the
taxpayer.
2. Amounts derived from the transactions in interstate and foreign commerce
-- 3
which the city is prohibited from taxing under the laws and constitution of
the United States.
SECTION 2. - Severability. If anyone or more sections. subsections. or
sentences of this Ordinance are held to be unconstitutional or invalid. such decision shall
not affect the validity of the remaining portion of this Ordinance and the same shall remain
in full force and effect.
SECTION 3. - Effective Date. This Ordinance shall take effect and be in
force thirty (30) days from the time of its final approval and passage as provided by law.
JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
PASSED: day of 11997.
APPROVED: day of 11997.
PUBLISHED: day of
11997.
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
P:\LA W�ORDIN AN OUTITA XB2.ORD
4
Kent City Council Meeting
Date November 18 1997
Category Consent Calendar.
1. SUBJECT: 1997 PARKS BUDGET ADJUSTMENTS - APPROVE
2 . SUMMARY STATEMENT: Approval of the proposed Parks Budget
adjustments for 1997 . In order to proceed with projects in
1998, staff requests authorization to make a number of
adjustments in the 1997 budget as outlined.
3 . EXHIBITS: Itemized budget adjustments for 1997
4 . RECOMMENDED BY: Staff and Parks committee
(Committee, Staff, Examiner, Commission, etc. )
5 . UNSUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION•
Council Agenda
Item No. 3F
1997 PARK BUDGET ADJUSTMENTS
■ Accept the $40 . 00 from Kiwanis Tot Lot #4 plans and specification
sales and transfer to the Park Improvements ` 96 budget .
y ■ Accept the $4 , 560 in miscellaneous donations and amend the Adopt-
a-Park budget .
Kent Lions Club $ 100 . 00
Eagle Scouts $ 110 . 00
Seafirst Foundation $1, 000 . 00 (Weed Walker Program)
Wagner Memorial Fund $3 , 250 . 00
Good Sam Club $ 100 . 00
Total $4 , 560 . 00
■ Accept the $3 , 640 in interest from the King County Conservation
Futures Grant and amend the Lake Fenwick Trail budget .
■ Accept the $1 , 719 . 00 from the sale of Green River Trail plans and
specifications and transfer to the Neely Soames Home budget as
part of the grant match agreement . Also as part of the grant
match agreement for the Neely Soames Home, transfer $20 , 000 from
Playground Safety budget , $5 , 000 from First Avenue Plaza budget ,
$30 , 000 from Master Plans budget , and $10 , 000 from Park
Improvements ` 96 budget . The remaining balance for the grant
match has been requested in the 1998 budget .
■ Accept the $12 , 000 . 00 from the sale of surplus house located at
26521 - 132nd SE in Kent and create a budget for the 132nd Street
Park.
■ Accept the $15 , 600 from King County for the Clark Lake annexation
reimbursement and amend the Park Improvements 196 budget .
■ Accept the $14 , 333 from Parks and Open Space - West Hill account
(fee-in-lieu of funds from Cambridge Place) and transfer to the
Linda Heights Renovation budget .
■ Accept the $12 , 613 from Capital Parks and Open Space - East Hill
(fee-in-lieu of funds from Canyon Crest) and transfer to the
Garrison Creek Renovation budget .
■ Accept the $5 , 755 for Parks and Opens Space - East Hill from
Teresa Lane (fee-in-lieu funds) and create a budget to expend
$5, 000 . 00 for Tudor Square and $755 . 00 for miscellaneous park
projects .
■ As part of the grant match agreement , transfer $15 , 000 . 00 from
w Playground Safety budget to Kent Memorial Park Tot Lot
Rehabilitation budget .
Kent City Council Meeting
Date November 18 , 1997
Category Consent Calendar
1. SUBJECT: KING COUNTY WATER QUALITY GRANT - ACCEPT AND CREATE
BUDGET
2 . SUMMARY STATEMENT: Accept and create a budget for the
$7,288 grant from the Metropolitan King County Council,
Regional Water Quality Block Grant to clean up Lake Meridian
and the Old Fishing Hole.
A Metropolitan King County Council, District Four water quality
grant for $7, 288 will be used to place screens on the bottom of
Lake Meridian at the dock and at the Old Fishing Hole to
prevent the overgrowth of weeds. A portion of the funds will
be available to Lake Meridian residents to purchase the same
screening materials, enabling them to prevent weed overgrowth
on their lake property.
3 . EXHIBITS: Copy of letter of award from King County
4 . RECOMMENDED BY: Staff and Parks Committee
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X
6. EXPENDITURE REQUIRED: $7, 288
SOURCE OF FUNDS: Metropolitan King County Council, Water
Quality Grant
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION•
Council Agenda
Item No. 3G
;
LARRY PHILLIPS
Metropolitan King County Council
District Four
Thursday, October 16, 1997
Ms. Pam McFall
220 Fourth Ave. S
Kent, WA 98032
Dear Ms. McFall:
Congratulations! You have been awarded a $7,288 Regional Water Quality
Block Grant to clean up Lake Meridian and the Old Fishing Hole. We are
pleased to join in this partnership that will result in greater community
stewardship of the waters of King County. It is the shared opinion of the
proposal reviewers that your project will also go a long way in promoting clean
water and in benefiting taxpayers.
Please note that your grant is conditional, based on the Review Panel
recommendations which accompany this letter. Ken Pritchard, who will
administer your grant, will contact you to discuss your agreement within the next
few days. Meanwhile, should you have any questions, please call him at
(206) 296-8265.
1 am looking forward to the success of your project in the months to come.
Sinc rel ,
Councilmember Larry Phillips, Chair
Regional Water Quality Committee
cc. Nancy Hansen, Director Water Land Resources Division
Ken Pritchard
_ 516 third Avenue, Room 1200, Seattle.WA 98104-3272 _
`� (206)296-1004 TTY/TDD(206)296-1024 FAX(206)296-0370
Kent City Council Meeting
Date November 18 , 1997
Category Consent Calendar
1. SUBJECT: JEAN AUSTIN PROPERTY DONATION - ACCEPT
2 . SUMMARY STATEMENT: Acceptance of 0. 27 acres of property
donated by Jean Austin, located off of Alvord Avenue in Kent,
to be used solely for park purposes.
Ms. Jean Austin of Kent has donated 0.27 acres to the City with
the stipulation that the property or proceeds from its sale be
used solely for park purposes.
3 . EXHIBITS: Copy of letter of intent and Quit Claim Deed
4 . RECOMMENDED BY: Staff and Parks Committee 11/3/97
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
„• DISCUSSION•
ACTION•
Council Agenda
Item No. 3H
Shuon E.Best
InMNec AT Lo
Ith 199 j
October 14 ,
00
City of Kent
ATTN: Pam McFall
n, 220 4th Ave S
Kent, WA 98032
Dear Pam:
Enclosed please find an MAI appraisal for the property to be
donated by :Jean Austin.
Ms . Austin would like for the donation to be completed Pike io
October 31 , 1997 , if at all possible.
reiterate that Ms . Austin wishes to property to be used for
She would be quite pleased if it could be used
pant purposes . T she understands this may
i not e
as a ark; however , `
"kiddies" p
possible . Her only condition s that all p partmenteinvKent-
this property be used ONLY for the Park Department
To this end, we will either require that an authorised
--7signatory commit the City of Kent
to this stipulation, or,
limitation will be placed on the deed itself, limiting the use
roa
of the property . I believe that the former apthereforech uld
provide the City of Kent withralrDepartment1to determine the
recommend you contact your Ley
the
best way to arrange this cuarantee. to ethe have
Eoundat cn that has
approach of deeding the property arks department.
been created. to handle donations for the P on concerning this
Please provde me with more in that tsuch donations would
approach. We do need to verify
ax deduction for charitable donations.
result in a full income t
Thank you for your assistance in this matter.
Sincerely,
S on E. Best
cc: Jean Austin
l✓�
AFTER RECORDING MAIL TO :
Property Management
City of Kent
220 4th Avenue South
Kent , Wr 98032
Reference NumbeJean H. Austin, asOf Related eher separate estate
Grantor (s) :
Grantee (s) : City of KentView
Abbreviated Legal Description: Ptn. Lot 3 Elk ofCDocument Addition
Additional Legal Description is on Page (s)
Assessor' s PrIeperty Tax Parcel or Account No. : 159860-0280-0a
QUIT CLAIM DEED
(Individual)
THE GRANTOR Jean F� Aust' n as h
&rar estate _ for
e
and in consideration of conveys ana quit claims
to CITY OF KENT for any and all mu n_cipal purposes as Grantee, the
following described real estate, aftered in the acquired title :y of KING,
State of Washington including any
The west 110 . 00 feet of the north 110 . 00 feet of Lot 3 Block 4 City`
View Addition Volume 14 Page 50 King County Washington.
Dated this
dayof 19
1.7
Jean H. Austin
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
On this day of
19 before .me, the
undersigned, a Notary Public in and for the State of Washingtol
eare�
duly commissioned and sworn, a
personally PP
to me known to be the individual described in
and who executed the foregoing instrument, and acknowledged to me
that signed and sealed this said instrument as free and
voluntary act and deed for the uses and purposes therein mentioned. �-
.................
Kent City Council Meeting
Date November 18 , 1997
Category Consent Calendar
1. SUBJECT: HUMAN SERVICE APPOINTMENT - CONFIRM
2 . SUMMARY STATEMENT: Confirmation of the Mayor' s appointment
of Merriah Fotheringham to serve as a member of the Kent Human
Services Commission.
Ms. Fotheringham is a long time Kent resident and is employed
at Watson Manor. She is also a student at Highline Community
College, studying psychology and social work, and will transfer
to UPS after graduation in the fall. She is a single parent
and also works for Kent Youth and Family Services.
Ms. Fotheringham will represent the User of Services category
and she will replace Rose Galaz, who resigned. Her new
appointment will continue until 1/1/2000.
3 . EXHIBITS: Memorandum
4 . RECOMMENDED BY: Mayor White
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION•
Council Agenda
Item No. 3I
MEMORANDUM
TO: CHRISTI HOUSER, CITY COUNCIL PRESIDENT
CITY COUNCIL MEMBERS
FROM: JIM WHITE, MAYOR
DATE: NOVEMBER 5, 1997
SUBJECT: APPOINTMENT TO THE KENT HUMAN SERVICES COMMISSION
I have appointed Merriah Fotheringham to serve as a member of the Kent Human Services
Commission. Ms. Fotheringham is a long time Kent resident and is employed at Watson Manor.
She is also a student at Highline Community College, studying psychology and social work,and will
transfer to UPS after graduation in the fall. She is a single parent and also works for Kent Youth
and Family Services.
Ms. Fotheringham will represent the User of Services category and she will replace Rose Galaz who
resigned. Her new appointment will continue until I/l/2000.
I submit this for your confirmation.
JW:jb
Kent City Council Meeting
Date November 18 , 1997
Category Consent Calendar
1. SUBJECT: MATLACK APPEAL CE-97-2 - SET HEARING DATE
2 . SUMMARY STATEMENT: Set December 9, 1997, as the date for a
public hearing on an Appeal of Conditional Use Permit filed by
Richard J. Brooks.
3 . EXHIBITS: None
4. RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION•
Council Agenda
Item No. 3J
Kent City Council Meeting
Date November 18, 1997
Category Consent Calendar
1. SUBJECT: MFS LIMITED STREET LICENSE AGREEMENT - APPROVE AND
AUTHORIZE
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee, authorization for the Mayor to sign a Limited
Street License agreement between the City and Metropolitan
Fibre Systems of Seattle, upon receipt of necessary exhibits.
Metropolitan Fibre Systems of Seattle (MFS) is seeking permis-
sion to extend a telephone trunk line facility to the US West
facility at 196th Street and West Valley Highway to provide
local telephone service to a portion of the City of Kent.
3 . EXHIBITS: MFS Limited Street License Agreement and Public
Works Committee minutes
4 . RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS•
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION:
Council Agenda
Item No. 3K
Carpinito Condemnation Ordinance
Brubaker explained that this is part of the S. 277th Street Corridor project and it is a
request for the Committee's approval to bring to Council an ordinance to condemn
certain property necessary to construct and complete the S. 277th St Corridor. He said
the property lies in the valley immediately west of the Green River along S. 277th St.
We have had an agreeable working relationship with the property owner, Mike
Carpinito, on the use of his property; he is a farmer and he has indicated that his real
preference would be rather than compensating him for his loss, find some other farmland
adjoining his existing parcel. Brubaker said we have been attempting to negotiate with
adjoining property owners in King County and have been unable to achieve that
purchase so we can swap farmland for farmland. As a result, we are at a point now
where, under an existing agreement with Mr. Carpinito, we need to move ahead with
eminent domain proceedings. Brubaker said that the purpose of this proceeding is
simply to move the process forward and help us to determine the appropriate valuation
for the property taken. In response to Clark, Brubaker stated that Mr. Carpinito is
completely familiar with the process.
Committee unanimously recommended that Council authorize - condemnation
proceedings on the Carpinito property along the S. 277th Street Corridor.
- Boeing Environmental Fine
Wickstrom explained that an environmental fine for pollution was imposed on Boeing
and as part of their settlement with the Dept of Ecology, they wanted to spend the
money in Kent where the incident occurred. Ecology was receptive to that - Boeing is
giving us $14,400 and they have worked out a program to help revegetate Mill Creek
He said that at this time we are asking for authorization to accept the money and
establish the budget for the Mill Creek Revegetation/Restoration project.
Committee unanimously recommended that staff be directed to accept the funds of
$14,400 and establish a budget for same and use these funds for the Mill Creek
- Revegetation/Restoration project.
MFS (World Comma Communiratinn License Agreement
Brubaker explained that MFS (World Comm) is seeking permission to extend a
telephone trunk line facility to a location at the corner of 196th St and West Valley
Highway (the southeast comer). At that location is a US West facility and the goal of
MFS is to extend that trunk line to the US West facility and from there to connect with
US West to provide local telephone service to a portion of the City of Kent. Brubaker
- stated that we are currently developing a policy and an ordinance that will control the
2
kinds of franchises for wire telephone systems the City issues in the future. He said this
policy is being developed pursuant to the changes in the law that have occurred because
of the 1996 Federal Telecommunications Act. However, MFS has a construction
schedule they are trying to stay with and we have created an interim agreement in an
attempt to allow them to move forward with their construction and also, to preserve the
City's rights under its policy to be developed for street franchises for wire telephone
systems. He stated that this is a license and is established to run for five years but is
subject to immediate termination by the City after giving 60 days prior written notice.
Brubaker said it preserves most of the rights typically obtained by the City. He said this
is an interim agreement which allows MFS (World Comm) to move forward with its
project, and at the same time preserves the City's rights to require them to enter into a
subsequent street franchise, once we have developed our wire telecommunication policy.
Clark questioned if basically, they are trying to set up a transmission line along West
Valley Highway. Brubaker explained that it's a loop system so if one section of the line
goes down, the other part of the loop will still be able to carry it. One part of the loop
branches from the Union Pacific RR right of way, the interurban trail as it goes north
and south, and the other is planned to go along S. 180th St. at the Renton/Kent
boundary and then south on the West Valley Highway to S. 196th St.
In response to Clark,T.D. Nujen, representative of World Comm said it was the intent
of the company to set up services to businesses and government entities in the valley.
Clark asked if World Comm had any intention in their long term plan to expand to any
other part of the City. Nujen stated that is a decision to be made at a much higher level.
She stated that eventually, we do want to canvas as much of the Puget Sound area as
possible and at this point, the extent of our network will only be adding on the Kent
O'Brien Central office. Ms. Nujen said that World Comm has franchise agreements with
other cities in the area and when we were building this network we were approached by
re and we did a fibre swap with them. She said we actually
MTI, who has a network he
do have a network in the City of Kent but it is thru the MTI fibre swap.
Ms. Nujen explained that last year MFS Communication was purchased by World
Comm. World Comm does long distance services and NIFS is known for providing local
service. The full company does provide long distance service, local service and internet
service. This entity that we are representing here is, MFS of Seattle, is actually the local
service. Clark asked if the introduction of the fibre optic loop will eventually have an
expansion of services. Nujen stated that by the fact that we are bringing this loop down
now and going into the Kent O'Brien central office, we will be offering dial tone type
services as soon as that network is built.
Brubaker said state law prohibits the City from charging a franchise fee for a franchise
for a telephone company. He noted that we will receive some income from World
3
Comm's operation in the form of utility tax. With calls originating and terminating in
Kent, a full existing City utility tax will be applied to those calls and if calls originate in
Kent and leave the Kent boundaries, approximately one-half of that tax will be charged
to those calls.
Committee unanimously recommended approval of the Limited Street License
Agreement between the City and Metropolitan Fibre Systems of Seattle, Inc.
In response to Nujen's procedural question, Brubaker stated that we will need to obtain
appropriate signatures from World Comm - once signed by them we will bring it to the
full Council for approval and the Mayor's signature.
Riparian Habitat Program Grant (IAC Grant)
Wickstrom said that on the Barnier's property (22103 76th Ave South) we have been
looking to acquiring a conservation easement along Mill Creek He said that we have
talked with the Barniefs and they are receptive. We have some Water Quality treatment
programs in the '98 budget for treatment of the outfall at the end of 4th Avenue which
may be on Barnier's property. The combination of acquiring a conservation easement
and that outfall treatment project could become the construction of a wetland treatment
facility similar to the lagoons. Wickstrom explained that there is some potential if we
get an Interagency Committee Grant for this project.
Committee unanimously recommended adopting a resolution to authorize application
for funding assistance for a conservation easement restoration/ and enhancement projcct
to the IAC for Outdoor Recreation as provided by the Riparian Habitat Program.
Union Pacific Railroad Franchise Ordinance
Brubaker explained that the City is preparing to complete construction of the S. 196th
Street Corridor project between West Valley Highway and Orillia Rd. We are under
construction with the bridge across the Green River now and are in the process of
obtaining all the necessary right-of-way. He said that immediately east of the Green
River, the road crosses a railroad spur track that serves a warehouse operated by Toys R
Us. That spur track.is the subject of a franchise agreement with the City which expired
in 1991 and has not been re-executed. The City and UPRR have been at odds on that
franchise. By the terms of the expired franchise, if the City reconstructs or alters or
amends S. 196th St, UPRR will be responsible for rebuilding the spur to conform to the
new street. He said however, since the changes we are making to S. 196th are so drastic
according to Union Pacific, they're asserting now that the franchise didn't contemplate
the dramatic change that's going to occur. Because we are nearing construction, we are
moving forward in trying to resolve this issue. We are seeking UP's agreement to
4
kinds of franchises for wire telephone systems the City issues in the future. He said this
policy is being developed pursuant to the changes in the law that have occurred because
of the 1996 Federal Telecommunications Act. However, MFS has a construction
schedule they are trying to stay with and we have created an interim agreement in an
attempt to allow them to move forward with their construction and also, to preserve the
City's rights under its policy to be developed for street franchises for wire telephone
systems. He stated that this is a license and is established to run for five years but is
subject to immediate termination by the City after giving 60 days prior written notice.
Brubaker said it preserves most of the rights typically obtained by the City. He said this
is an interim agreement which allows MFS (World Comm) to move forward with its
project, and at the same time preserves the City's rights to require them to enter into a
subsequent street franchise, once we have developed our wire telecommunication policy.
Clark questioned if basically, they are trying to set up a transmission line along West
Valley Highway. Brubaker explained that it's a loop system so if one section of the line
goes down, the other part of the loop will still be able to carry it. One part of the loop
branches from the Union Pacific RR right of way, the interurban trail as it goes north
and south, and the other is planned to go along S. 180th St. at the Renton/Kent
boundary and then south on the West Valley Highway to S. 196th St.
In response to Clark, T.D. Nujen, representative of World Comm said it was the intent
of the company to set up services to businesses and government entities in the valley.
Clad.asked if World Comm had any intention in their long term plan to expand to any
other part of the City. Nujen stated that is a decision to be made at a much higher level.
She stated that eventually, we do want to canvas as much of the Puget Sound area as
possible and at this point, the extent of our network will only be adding on the Kent
O'Brien Central office. Ms. Nujen said that World Comm has franchise agreements with
other cities in the area and when we were building this network we were approached by
MTI, who has a network here and we did a fibre swap with them. She said we actually
do have a network in the Citv of Kent but it is thru the MTI fibre swap.
Ms. Nujen explained that last vear NIFS Communication was purchased by World
Comm. World Comm does long distance services and MFS is known for providing local
service. The full company does provide long distance service, local service and internet
service. This entitv that we are representing here is, MFS of Seattle, is actually the local
service. Clark asked if the introduction of the fibre optic loop will eventually have an
expansion of services. Nujen stated that by the fact that we are bringing this loop down
now and going into the Kent O'Brien central office, we will be offering dial tone type
services as soon as that network is built.
Brubaker said state law prohibits the City from charging a franchise fee for a franchise
for a telephone company. He noted that we will receive some income from World
3
Kent City Council Meeting
Date November 18 , 1997
Category Consent Calendar
1. SUBJECT: UNION PACIFIC RAILROAD, 196TH SPUR TRACK -
FRANCHISE ORDINANCE
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee, introduction of the attached proposed franchise
ordinance granting to the Union Pacific Railroad Company the
authority to maintain and operate a railroad spur track across
South 196th Street.
3 . EXHIBITS: Ordinance and Public Works Committee minutes
4 . RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS•
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION•
Council Agenda
Item No. 3L
Comm's operation in the form of utility tax. With calls originating and terminating in
- Kent, a full existing City utility tax will be applied to those calls and if calls originate in
Kent and leave the Kent boundaries, approximately one-half of that tax will be charged
to those calls.
Committee unanimously recommended approval of the Limited Street License
Agreement between the City and Metropolitan Fibre Systems of Seattle, Inc.
In response to Nujen's procedural question, Brubaker stated that we will need to obtain
appropriate signatures from World Comm - once signed by them we will bring it to the
full Council for approval and the Mayor's signature.
Riparian Habitat Program Grant (LAC Grant)
Wickstrom said that on the Barrier's property (22103 76th Ave South) we have been
looking to acquiring a conservation easement along Mill Creels. He said that we have
talked with the Barnier's and they are receptive. We have some Water Quality treatment
programs in the '98 budget for treatment of the outfall at the end of 4th Avenue which
may be on Bamier's property. The combination of acquiring a conservation easement
and that outfall treatment project could become the construction of a wetland treatment
facility similar to the lagoons. Wickstrom explained that there is some potential if we
-- get an Interagency Committee Grant for this project.
Committee unanimously recommended adopting a resolution to authorize application
for funding assistance for a conservation easement restoration/ and enhancement project
to the IAC for Outdoor Recreation as provided by the Riparian Habitat Program.
Union Pacific Railroad Franchise Ordinance
Brubaker explained that the City is preparing to complete construction of the S. 196th
Street Corridor project between West Valley Highway and Orillia Rd. We are under
construction with the bridge across the Green River now and are in the process of
obtaining all the necessary right-of-way. He said that immediately east of the Green
River, the road crosses a railroad spur track. that serves a warehouse operated by Toys R
Us. That spur track is the subject of a franchise agreement with the City which expired
in 1991 and has not been re-executed. The City and UPRR have been at odds on that
franchise. By the terms of the expired franchise, if the City reconstructs or alters or
amends S. 196th St, UPRR will be responsible for rebuilding the spur to conform to the
new street. He said however, since the changes we are making to S. 196th are so drastic
according to Union Pacific, theyre asserting now that the franchise didn't contemplate
the dramatic change that's going to occur. Because we are nearing construction, we are
moving forward in trying to resolve this issue. We are seeking UP's agreement to
4
reconstruct the spur in accordance with the Citv's new road design.
Brubaker explained that he has prepared a new franchise for another 10 year period so
that they are legally using the railroad spur at that street location and it also states very
clearly that they have to mend their track to meet our new road design. If Union Pacific
chooses not to execute this franchise agreement then the City will go before the WUTC
and petition to close the spur. Our position would be that they are using our street
without any legal right to do so because their franchise expired. Brubaker noted that the
traditional position of the City with relationship with the railroad has been - where
mainlines are involved, the City pays to alter the track when we widen the street and
where spurs are involved, the railroad pays.
Committee unanimously recommended approval of the UPRR franchise ordinance to
cross S. 196th Street.
Meeting adjourned: 4:20 p.m.
5
... it
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
i
of Kent, Washington, granting to the Union Pacific Railroad
Company, a Utah corporation, its successors and assigns,
the right, privilege and authority to construct, maintain and
operate a railroad spur track upon and across South 196th
Street in the City of Kent, King County, Washington.
i
i
WHEREAS, pursuant to the terms of a franchise ordinance of the City of
Kent (Ordinance 2309), passed on September 8, 1981, the Union Pacific Railroad
Company, a Utah Corporation("UPRR") constructed, maintained and operated a railroad
spur track at common grade upon and across South 196th Street in the City of Kent, the
centerline of said street in the North 1/2 of Section 2, Township 22 North, Range 4 East,
W.M., located in King County, Washington; and
WHEREAS, Ordinance 2309, by the terms of its Section 10, was effective
as a franchise grant to UPRR for ten years; and
WHEREAS, on or about October 1'), 1991, the franchise granted in
Ordinance 2309 expired by the terms of Section 10 of that Ordinance; and
WHEREAS, UPRR is currently operating the subject spur crossing without
a franchise; and
WHEREAS, a separation of grade of said crossing is neither practicable or
justified; NOW, THEREFORE,
i
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON.DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are incorporated into this Ordinance
as if fully set forth herein.
SECTION Z. The City of Kent, Washington, ("City") grants to the Union
Pacific Railroad Company, a Utah Corporation, its successors and assigns ("UPRR"),
subject to all conditions contained in this Ordinance, the franchise and privilege of
maintaining and operating one railroad spur track at common grade upon and across South
196th Street in the City of Kent, Washington, at the location described in Exhibit A,
provided that the maintenance and operation of this track shall be performed in a manner
consistent with the terms and conditions of this franchise ordinance and satisfactory to the
City's Public Works Director and any other applicable authority.
SEC7ION3. UPRR shall maintain and operate this track at common grade
with South 196th Street. If the City determines that the public use and necessity require
that the configuration and/or grade of 68th Avenue South be changed in location, width,
elevation, super elevation, or any other aspect, then UPRR shall alter its track and crossing
to conform with the changed configuration and/or grade. The City's Public Works Director
must approve the design of any alteration to this track and crossing before UPRR
commences construction. The City shall use its best efforts to provide reasonable notice
to UPRR of its decision to change South 196th Street. UPRR shall coordinate construction
of the planned alterations to its track and crossing with the City so as not to delay the City's
plans for the street. In any event, UPRR shall complete its spur track work no later than
the date the City completes its work on South 196th Street, unless the City gives its written
approval to UPRR extending the time for the spur work.
SE.C'TION 4. UPRR shall pay the entire cost of maintaining, operating and
�I
altering this track and crossing across South 196th Street as it now exists or as it may
change in any manner during the term of this franchise, if the City requires the change.
However, this franchise shall not prevent UPRR from charging any other party to which
UPRR may have granted or assigned an interest in this track. crossing or franchise all or
i;
a portion of the cost of maintaining, operating or altering this track and crossing.
iSECTION 5. UPRR, at its sole expense, shall replace the existing crossing
pad with a crossing pad of a type and design approved by the City's Public Works Director
I'across the entire right-of-way, including sidewalks, when requested by the City. UPRR
shall install signalized gate arms at the crossing upon the City's request. UPRR shall install
the crossing pad or gate arms within six (6) months from the date it receives notification
from the City to make these changes.
UPRR's failure to install these items within this six (6) month period shall
immediately terminate this franchise ordinance, with no notice required, and UPRR, its
customers, agents and assigns, shall immediately lose all right and authority to use this
crossing. Accordingly, the City may, at its sole option, restrict, block, close or remove the
track and crossing.
i
li
SECTION h. UPRR shall not store railroad cars within or upon the City's
South 196th Street right of way, nor shall UPRR stop cars within this right of way for
switching operations, nor shall UPRR use this track or crossing in any manner that
unreasonably interferes with travel within the City's right of way. Moreover, UPRR shall
not allow railroad traffic to utilize this track and crossing from 6:00 a.m. to 9:00 a.m. and
3:00 p.m. to 6:00 p.m. daily.
SECTION 7. The City maintains the same control over South 196th Street
within this franchise area as it has over other public streets within the City's jurisdiction.
This franchise shall not restrict the rights of the City or other franchise holders in the City
to enter upon South 196th Street within this franchise area for the purpose of locating,
relocating, constructing, maintaining, repairing, or removing any public works, utilities, or
facilities under or over this track and crossing, but this work shall not unnecessarily
interfere with the movements of railroad traffic over this track and crossing.
,4_F.C'TION& The City may require signalization, gates, sawbucks, signs,
or other traffic flow control,warning or protective devices or measures to protect the public
health and safety. UPRR shall construct, operate and maintain these requirements at
UPRR's sole expense. Further,UPRR will construct or install these requirements promptly,
but in any event within one year from the date the City issues its requirements.
SECTION 9. UPRR shall defend, indemnify and hold the City, its officer,
officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the performance of this franchise ordinance, but only to the extent of
UPRR's negligence or comparative fault. This indemnification includes liability for
crossing design, signalization design,and/or maintenance, and road maintenance within the
crossing area. It also includes any failure or omission on the part of UPRR to perform any
action required by this franchise.
The City's inspection or acceptance of any of UPRR's work when completed
shall not be grounds to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD
THAT THIS INDEMNIFICATION CONSTITUTES THE CONSULTANT'S WAIVER
OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR
THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE
THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
4
No act, inspection, approval or omission by the City shall affect UPRR's
obligation to fully defend, indemnify and hold harmless the City, its officials, officers,
employees, agents and volunteers.
The provisions of this section shall survive the expiration or termination of
this franchise ordinance.
SECTION 10. Nothing granted in this franchise shall release UPRR from
obtaining all permits or other authorizations required by the City to maintain, operate,
repair or alter the track and crossing or to do any of the work contemplated by this franchise
ordinance.
SECTION 11. If the City finds that UPRR has failed to comply with any
term or condition of this franchise, as determined by the City, UPRR's failure to comply
shall constitute a breach of this franchise. In the event of UPRR's breach, the City may
revoke this franchise after giving UPRR 30 days prior written notice. This notice shall also
state the grounds for revocation. Once revoked, UPRR, its customers, agents and assigns,
shall immediately lose all right and authority to use this crossing, and the City may, at its
sole option, restrict, block, close or remove the crossing.
SECTION 12. If the spur crossing that is the subject of this franchise has
not been in use for one (1) year or longer. This franchise shall automatically be revoked.
Once revoked, UPRR, its customers, agents and assigns, shall immediately lose all right
and authority to use this crossing, and the City may, at its sole option, restrict, block, close
i
or remove the crossing.
SECTION 13. The franchise privileges granted in this ordinance shall be
effective for ten (10) years from and after the effective date of this ordinance.
5
SECTION 14. UPRR shall have no right to receive anv award in
condemnation, whether direct or inverse, as a result of this franchise.
SECTION 15. UPRR shall pay all the City's reasonable municipal costs.
expenses, or liabilities incurred by the City because of this franchise.
SECTION 16. The failure of the City to insist upon strict performance of
any of the terms and rights contained herein, or to exercise any option herein conferred in
one or more instances, shall not be construed to be a waiver or relinquishment of those
terms and rights and they shall remain in full force and effect
SECTION 17. In any claim or lawsuit for damages arising from either
parry's performance of this franchise ordinance,each party shall be responsible for payment
of its own legal costs and attorney's fees incurred in defending or bringing that claim or
lawsuit; however,nothing in this subsection shall limit the City's right to indemnification
under Section 9 of this franchise ordinance.
SECTION 18. No waiver, alteration, or modification of any of the
provisions of this franchise ordinance shall be binding unless in writing and signed by a
duly authorized representative of the City and UPRR.
SECTION 19. Any assignment of this agreement by UPRR without the
written consent of the City shall be void.
SECTION 20. If any one or more sections, subsections. or sentences of this
ordinance are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this ordinance and the same shall remain in full force
and effect.
6
SECTION21. UPRR shall,within sixty(60)days from the date of passage
of this ordinance, file with the City Clerk its acceptance of the terms, provisions and
conditions of this franchise. UPRR's acceptance shall be in the form attached to this
ordinance as Exhibit "B."
.CFCTION22. This ordinance shall take effect and be in force five (5) days
from the time of its final approval and passage as provided by law.
JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
PASSED: day of 11997.
APPROVED: day of 11997.
PUBLISHED: day of
, 1997.
I herebv 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
p\LAW\ORDINANC\UPRRFRAN ORD
w 7
A strip of land 60.0 feet in width, situate
in South 196th Street in the North Half
(Nl/2) of Section 2, Township 22 North,
Range 4 East of the Willamette State ian,
City of Kent, King County,
of
Washington, said strip of land being all of
that land lying between lines concentric
with and 30.0 feet on each side of the
following described centerline, and said
centerline prolonged:
Commencing at the southeast corner of Lot
119 Block 6, as shown on the plat of
Southcenter Corporate Park, recorded under
File No. 8003140871 in the records of said
County;
thence along the south line of said Lot 11,
North 88 degrees 59 minutes 42 seconds West,
14.59 feet to the TRUE POINT OF BEGINNING,
said point being on a non-tangent curve
concave southeasterly, from which point a
radial line bears South 67 degrees 11
minutes 09 seconds East, 459.28 feet; thence
southwesterly along said curve through a
central angle of 1 degrees 52 minutes 13
seconds, 63.09 feet to the terminus of said
centerline.
EXHIBIT A
Kent City Council Meeting
Date November 18, 1997
Category Consent Calendar
1. SUBJECT: S. 238TH STREET VACATION - ORDINANCE
2 . SUMMARY STATEMENT: Adoption of Ordinance No. vacating
the affected portion of S. 238th Street.
At the October 7 , 1997 meeting, Council approved this street
vacation subject to certain conditions, all of which have been
fulfilled by the applicant.
3 . EXHIBITS: Proposed ordinance and attachments
4 . RECoI+MENDED BY: Pub is Works Committee Council and Staff
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION:
Council Agenda
Item No. 3M
11
ORDINANCE NO.
AN ORDINANCE of the City of Kent, Washington.
relating to the vacation of streets, vacating a portion of South
238th Street, an existing public street, lying east of
Washington Avenue in the City of Kent, but reserving a
public utility easement and other related rights within the
vacated portion of South 238th Street.
WHEREAS, on or about July 21, 1997, a petition, attached and incorporated
s Exhibit A, was filed with the City of Kent by various owners of property abutting the
pplicable portion of South 238th Street, an existing public street, lying east of Washington
venue in the City of Kent, King County, Washington, and
WHEREAS, the Kent Planning Director processed this petition and secured
1 achnical facts pertinent to the question of this vacation along with a recommendation as to
pproval or rejection by the Public Works Department and other City departments; and
WHEREAS,the Kent City Council fixed a time for a public hearing on this
etition and the hearing was held with proper notice on October 7, 1997, at 7:00 p.m. in the
ity Council Chambers of the Kent City Hall; and
WHEREAS, the Planning Director recommended that the City Council
pprove the petition upon the petitioner's fulfillment of the conditions listed on Exhibit B,
hich is attached and incorporated in this ordinance.
WHEREAS, after the public hearing on October 7. 1997. the Citv Council
Ipproved the vacation so long as the petitioner first fulfilled all the conditions recommended
y staff and approved by Council(see excerpt from October 7 Council minutes, attached and
corporated as Exhibit C); and
WHEREAS, the petitioner has now fulfilled all of the conditions imposed by
ouncil; and
WHEREAS, the City Council finds that the street sought to be vacated is: (1)
open, dedicated street and presently being used as a street; (2) not abutting on a body of
ater and therefore not suitable for acquisition for port purposes,boat moorage or launching
ites, park, viewpoint, recreational or education purposes, or other public use; and (3) a
acation which is in the public interest; and
WHEREAS, the City Council has directed the preparation of an ordinance
acating the portion of said street; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
REBY ORDAIN AS FOLLOWS:
SF.I'TION 1. The forgoing recitals, findings and exhibits are incorporated
s if fully set forth herein.
SF.C'TION 2. That portion of South 238th Street lying east of Washington
venue in the City of Kent as described in Exhibit A is hereby vacated subject to the
�tention of a utility easement over, upon and under the property described in Exhibit A and
ubject to retention of the City s right to grant utility easements to other public and/or private
tility companies. Further, the use of the word, "utility," is intended to be expansive, not
strictive, and would, for example, include such private operations as telecommunications,
�� 2
4able TV. data transmission and fiber optic services. as well as electricity, electronic and
I
atural gas utility services.
I SECTION 3. No vested rights shall be affected by the provisions of this
drdinance.
subsections or sentences of this
SECTION 4. If any one or more sections.
rdinance are held to be unconstitutional or invalid, such decision shall not affect the validity
f the remaining portion of this ordinance and the same shall remain in full force and effect.
i
SECTION 5. This ordinance shall take effect and be in force thirty (30) days
om the time of its final approval and passage as provided by law.
JIM WHITE, MAYOR
TTEST:
RENDA JACOBER, CITY CLERK
PROVED AS TO FORM:
OGER A. LUBOVICH, CITY ATTORNEY
ASSED the day of 1997.
PPROVED the day of 11997.
UBLISHED the day of 11997.
I hereby certify that this is a true copy of Ordinance No passed by
{t e City Council of the Citv of Kent. Washington, and approved by the Mayor of the City
f Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
U.AW\O&DINANCC\STV ACM 13.239
4
CITY OF ML22H�
J U L 1 1997
u CITY
CITYCLKENT
APPLICANT:
— ERK
MAIL TO: � W j). CUM14/A1&,$
CITY OF KENT NAME.
Property Management Address: BUSH ROED � NITCHlfj&S
220 So. 4th Ave.
Kent, WA 98032 P009 Miw1U1Z t+VE• E
Attn: ,SEq'?TLE , W A, 9 8/o Z
Phone: 23, /
STREET AND/OR ALLEY VACATION APPLICATION AND PETITION
Dear Mayor and Kent City Council:
We, the undersigned abutting property owners, hereby respectfully request
that certain e5f hereby be vacated. (General Location)
$. 23$M 5t
Legal description
See a,,tfctc,kR.aC
CITY OF KENT
JUL 81997
ENGINEERING DEPT
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) Map must correspond with legal description.
ABUTTING PROPERTY OWNERS TAX LOT
SIGN URES AND ADDRESSES LOT, BLOC /SEC. TWN. RG
2 38320o—000S 3$3200- 000(c
L RA Obe.to 92�/60— 0030 - 929/60 — 0020
yr =Nal 42q/(!/Q 00/T7
L�-A,r IA
$150.00 Feh Paid Treasurer's Receipt No.
Appraisal Fee Paid Treasurer's Receipt No.
Land Value Paid Treasurer's Receipt No.
Deed Accepted Date
'Grade Accepted Date
•••.5224-33A
220116 AVE.9G.. KENT.NIASNINGTON 98032 50951 ENGINEERING (20819 59-3 3 93 1 OPERATIONS(209)859-3395/FAX t 659.3334
r J L 2 1 1997
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DESCRIPTION J U L 11 1,37 U
STREET VACATION PARCEL CITY OFF, �KENT
THOSE PORTIONS OF SOUTH 238TH STREET, AS DESCRIBELPIX 9AfA TO
THE CITY OF KENT RECORDED UNDER RECORDING NOS. 7409260487,
7804190250 AND 7804190251, RECORDS OF KING COUNTY, WASHINGTON,
DESCRIBED AS A WHOLE AS FOLLOWS:
. BEGINNING AT THE,SOUTHWEST CORNER OF LOT 1, WESTERN FARMERS SHORT
PLAT, ACCORDING TO THE SHORT PLAT THEREOF RECORDED IN VOLUME 3 OF
SURVEYS, PAGE 127, RECORDS OF SAID COUNTY, THENCE SOUTH 88036120"
EAST 177.70 FEET ALONG THE NORTH LINE OF SAID SOUTH 238TH STREET
TO THE MOST WESTERLY CORNER OF SAID PORTION DESCRIBED IN DEED
RECORDED UNDER RECORDING NO. 7804190251 AND THE BEGINNING OF A
NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 65.00 FEET
(A RADIAL LINE THROUGH SAID BEGINNING BEARS NORTH 61°07'08"
WEST) ;
THENCE NORTHEASTERLY, EASTERLY, AND SOUTHEASTERLY 141.84 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 125*01137" TO THE
MOST EASTERLY CORNER OF SAID PORTION DESCRIBED IN DEED RECORDED
UNDER RECORDING NO. 7804190251, THE NORTHWEST CORNER OF THAT
PORTION OF SAID SOUTH 238TH STREET VACATED BY CITY OF KENT
ORDINANCE NO. 2081, RECORDED UNDER KING COUNTY RECORDING NO.
7805010993, AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
WESTERLY HAVING A RADIUS OF 65.00 FEET (A RADIAL LINE THROUGH
SAID BEGINNING BEARS NORTH 63054029" EAST) ;
THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY 62.36 FEET
ALONG SAID CURVE AND THE WESTERLY LINE OF SAID VACATED PORTION
THROUGH A CENTRAL ANGLE OF 54058122" TO THE MOST EASTERLY CORNER
OF SAID PORTION DESCRIBED IN DEED RECORDED UNDER RECORDING NO.
7804190250 AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
NORTHERLY HAVING A RADIUS OF 65.00 FEET (A RADIAL LINE THROUGH
SAID BEGINNING BEARS SOUTH 61007'09" EAST) ;
THENCE SOUTHWESTERLY, WESTERLY AND NORTHWESTERLY 141.84 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 125001139" TO THE
MOST WESTERLY CORNER OF SAID PORTION DESCRIBED IN DEED RECORDED
UNDER RECORDING NO. 7804190250 AND THE SOUTH LINE OF SAID PORTION
DESCRIBED IN DEED RECORDED UNDER RECORDING NO. 7409260487;
THENCE NORTH 88036120" WEST 177.70 FEET ALONG SAID SOUTH LINE TO
A POINT WHICH BEARS SOUTH 01*23140" WEST FROM THE POINT OF
BEGINNING;
THENCE NORTH 01023140" EAST 60.00 FEET TO THE POINT OF BEGINNING.
THE PARCEL DESCRIBED ABOVE CONTAINS 23,638 SQUARE FEET (0.54
ACRE) , MORE OR LESS.
SITUATE IN THE CITY OF KENT, KING COUNTY, WASHINGTON.
OBERTO SAUSAGE CO.
ate � �Gb� WILLIAM A.
H L.S.
BRH JOB NO. 962778.02
JUNE 3, 1997
_.� CITY OF KENT
lwe� JUL 81997
m� ENGINEERING DEPT
CITY Of MOOT
Jim White, Mayo ,_
planning Department (206) 859-3390/FAX(206) 850-2544
James P. Harris, Planning Director
MEMORANDUM
October 7, 1997
MEMO TO: Mayor Jim White and City Council Members
FROM: James P. Harris,Planning Director
SUBJECT: Report and Recommendation on an application to vacate a portion of South
238th Street
Recommendation: APPROVAL WITH CONDITIONS
I, Name of Anvlicant
Brent D. Cummings
Bush,Roed and Hitchings
2009 Minor Avenue E.
Seattle WA. 98102
(206) 323-4144
II. Reason for Reauestin¢ Vacation
The applicant states, "Vacation requested to facilitate future development and building
expansion."
III. StaffRecommendation
After reviewing comments from the following departments and agencies:
Public Works
Fire
Parks
Puget Sound Energy
and conducting our own review, the Planning Department recommends that the request to
vacate a portion of South 238th Street as mentioned in Resolution 1496 and shownon(the
� �z„
accompanying map, be APPROVED with the following conditions: EX H 1 D I T.L,+ j S.)
Street Vacation#STV-97-1
220+1h AVENUE SOUTH I KENT.WASHINGTON 48U32.5895/TELEPHONE (2531 859.3318)
October 7, 1997
Page 2
"- Under City Code the proposed right-of-way to be vacated is a Class 'B' right-of-way
which requires compensation.
1. The petitioner shall reconstruct the cul-de-sac turnaround at a location
westerly of this proposed street vacation. Said reconstruction shall be in
accordance with City construction standards, and included therewith shall be
the deeding to the City of the necessary right-of-way for same. Prior to
adopting the ordinance finalizing this street vacation, the petitioner's
engineering plans for the relocated cul-de-sac turnaround shall have been
reviewed and approved by the Public Works Department.
The petitioner shall have deeded to the City the necessary additional right-of-
way for same. the petitioner shall have completed the execution of the
necessary documents and instruments associated with a developers extension
packet for the turnaround improvement as outlined in the City's construction
standards. The petitioner shall have paid all fees, obtained all permits and
deposited or furnished to the City all bonds,including performance bonds,for
the construction of the cul-de-sac turnaround improvement.
2. Compensate the City-in accordance with State law for the value of the
vacated right-of-way. Said compensation shall be based on the net amount
of right-of-way exchanged(net amount equals amount vacated less amount
deeded for the relocated cul-de-sac turn around area).
3. Where City utilities and or private utilities exist within the right-of-way to be
vacated, the petitioner shall provide as built locations thereof and grant
respective easements for same. Should any City utilities be required to be
relocated to accommodate the petitioner's development, said relocation shall
be the sole responsibility and expense of the petitioner.
JPH/mp:a:stv97.1
cc: Fred N. Satterstrom, Planning Manager
PROPOSED STREET VACATION
STV 97-1
SOUTH 238TH STREET
22
SEE FOLLOWING' MAP
FOR MORE DETAIL
72 03
77
. . ............
I
2285
au
230f
.... ........
................
AREA PROPOSED
TO BE VACATED
L'j 5 'is-i
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James Street
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AUG 041997
CITY OF KFNT
Kent City Council Minutes
October 7 , 1997
SEWER sewer project was funded in this immediate area.
The understanding was that monies would be coming
in for "latecomers" onto the sewer system and
these funds were to be split equally between
Police and Fire. These funds are being receipted
in as revenue when property owners develop their
land, which happens very sporadically. Once the
fees are collected as revenue, a "budget change,,
is required to transfer to expenditure accounts.
TRAFFIC CONTROL (CONSENT CALENDAR - ITEM 3E)
Speed Limit Revisions on Designated Streets.
ADOPTION of Resolution No. 1497 repealing
Resolution No. 1406, and establishing speed
limits revisions on certain designated streets,
as recommended by the Public Works Committee.
STREET (PUBLIC HEARINGS - ITEM 2A)
VACATION S. 238th St. Street Vacation STV-97-1. This date
has been set to consider an application to vacate
a portion of South 238th Street, as referenced in
Resolution No. 1496 , and as shown on the accom-
panying map and discussed in the staff report.
Planning Director Harris pointed the area out on
a map and noted that the applicants have re-
quested this street vacation in order to expand
their building.
Mayor White opened the public hearing. There
were no comments from the audience, and WOODS
MOVED to close the public hearing. Orr seconded
and the motion carried.
ORR MOVED to approve the Planning Department' s
recommendation of approval with conditions on an
application to vacate a portion of South 238th
Street, as referenced in Resolution No. 1496, and
to direct the City Attorney to prepare the
necessary ordinance upon compliance with the
conditions of approval. Woods seconded and the
motion carried.
(CONSENT CALENDAR - ITEM 3D)
S. 238th St. street Vacation Funds.
AUTHORIZATION to deposit any monies received as
compensation for S. 238th St. street vacation
into the School Pedestrian Walkway Fund (R36) , as
recommended by the Public Works Committee. This
street vacation was approved by the Council after
a public hearing this date.
3
Kent City Council Meeting
Date November 18 , 1997
Category Consent Calendar
1. SUBJECT: IAC GRANT APPLICATION, CONSERVATION EASEMENT
RESOLUTION
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee, adoption of Resolution No. authorizing appli-
cation for funding assistance from the IAC for a conservation
easement/restoration and enhancement project along Mill Creek.
The City would provide a minimum of 25% matching value, which
may include donations or in-kind contributions.
3 . EXHIBITS: Resolution, Public Works Committee minutes, Public
Works Director memorandum and vicinity map
4 . RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3N
RESOLUTION NO.
A RESOLUTION of the City of Kent. Washington.
authorizing application for funding assistance for a conservation
easement/restoration & enhancement project to the Interagency
Committee for Outdoor Recreation as provided by the Riparian
Habitat Program.
WHEREAS, under the provisions of the Riparian Habitat Program state funding
assistance has been authorized and made available to aid in financing the cost of land for
conservation easements to protect, restore and enhance riparian habitat on privately owned land: and
WHEREAS, the Kent City Council considers it in the best public interest to acquire
conservation easements along Mill Creek to protect, restore and enhance riparian habitat. NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. The Mayor or his designate is authorized to make a formal application to
the Interagency Committee for Outdoor Recreation for funding assistance.
Section 2. Any funding assistance so received will be used for the acquisition of
certain property rights and related construction deemed necessary by the City for the protection,
restoration and enhancement or riparian habitat of portions of Mill Creek including those areas
between South 220th Street and South 216th Street and between 76th Avenue South and 72nd
Avenue South.
... 1
Section 3. The City will be responsible to support all non-cash commitments to the
local share obligation under this grant proposal, should they not materialize.
Section 4. This resolution shall become part of a formal application to the
Interagency Committee for Outdoor Recreation.
Passed at a regular meeting of the City Council of the City of Kent. Washington this
day of , 1997.
Concurred in by the Mayor of the City of Kent, this _day of , 1997.
JIM WHITE, MAYOR
ATTEST:
------------
BRENDA JA 'OBER, 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 1997.
(SEAL)
BRENDA JACOBER, CITY CLERK
[ACGRANT.APP
2
Comm's operation in the form of utility tax. With calls originating and terminating in
Kent, a full existing City utility tax will be applied to those calls and if calls originate in
Kent and leave the Kent boundaries, approximately one-half of that tax will be charged
to those calls.
Committee unanimously recommended approval of the Limited Street License
Agreement between the City and Metropolitan Fibre Systems of Seattle, Inc.
In response to Nujen's procedural question, Brubaker stated that we will need to obtain
appropriate signatures from World Comm - once signed by them we will bring it to the
full Council for approval and the Mayor's signature.
0 Riparian Habitat Program Grant (LAC Grantl
Wickstrom said that on the Barnier's property (22103 76th Ave South) we have been
looking to acquiring a conservation easement along Mill Creek. He said that we have
talked with the Barrier's and they are receptive. We have some Water Quality treatment
programs in the '98 budget for treatment of the outfall at the end of 4th Avenue which
may be on Barnier's property. The combination of acquiring a conservation easement
and that outfall treatment project could become the construction of a wetland treatment
facility similar to the lagoons. Wickstrom explained that there is some potential if we
get an Interagency Committee Grant for this project.
Committee unanimously recommended adopting a resolution to authorize application
for funding assistance for a conservation easement restoration/ and enhancement project
to the IAC for Outdoor Recreation as provided by the Riparian Habitat Program.
Jnion P-_a_ Railroad Franchise Ordinance
Brubaker explained that the City is preparing to complete construction of the S. 196th
Street Corridor project between West Valley Highway and Orillia Rd. We are under
construction with the bridge across the Green River now and are in the process of
obtaining all the necessary right-of-way. He said that immediately east of the Green
River, the road crosses a railroad spur track that serves a warehouse operated by Toys R
Us. That spur track is the subject of a franchise agreement with the City which expired
in 1991 and has not been re-executed. The City and UPRR have been at odds on that
franchise. By the terms of the expired franchise, if the City reconstructs or alters or
amends S. 196th St, UPRR will be responsible for rebuilding the spur to conform to the
new street. He said however, since the changes we are making to S. 196th are so drastic
according to Union Pacific, theWre asserting now that the franchise didn't contemplate
the dramatic change that's going to occur. Because we are nearing construction, we are
moving forward in trying to resolve this issue. We are seeking UP's agreement to
4
DEPARTMENT OF PUBLIC WORKS
November 5, 1997
TO: Public Works Co tee
FROM: Don Wickstro
RE: Riparian Habitat Program - Grant
The Public Works Department is seeking funding from the Interagency Committee for
Outdoor Recreation as provided by the Riparian Habitat Program for purchase of a
conservation easement along Mill Creek through the Bamier property (22103 76th
Avenue South). The grant will provide funding to acquire at a minimum, 100 feet on
each side of the creek and will include stream restoration and enhancements. The City
would provide a minimum of 25% matching value, which may include donations or in-
kind contributions.
ACTION: Recommend adopting a resolution to authorize application for funding
assistance for a conservation easement/restoration and enhancement
project to the Interagency Committee for Outdoor Recreation as provided
by the Riparian Habitat Program.
f
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Kent City Council Meeting
Date November 18 , 1997
Category Consent Calendar
1. SUBJECT: KENT COMMUNITY HEALTH CENTER - AMENDED BILL OF SALE
2 . SUMMARY STATEMENT: Accept the corrected bill of sale for
the Kent Community Health Center, 403 East Meeker Street, as
recommended by the Public Works Director.
At the October 21st Council meeting, the bill of sale was
accepted in full which included 150 feet of watermain and 6
feet of sanitary sewer improvements. It has been determined
that the sewer improvements were private construction and the
watermain improvements on the bill of sale should have read 50
feet.
3 . EXHIBITS: None
4 . RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION-
Council Agenda
Item No. 30
i
Kent City Council Meeting
Date November 18, 1997
Category Consent Calendar
1. SUBJECT: PARADISE MOBILE HOME PARK - BILL OF SALE
2 . SUMMARY STATEMENT: As recommended by the Public Works
Director, acceptance of the bill of sale for Paradise Mobile
Home Park submitted by Manufactured Housing Community
Preservationists for continuous operation and maintenance of
418 feet of watermain improvements and release of bonds after
the expiration period. The project is located at 412 N.
Washington Avenue.
3 . EXHIBITS: Vicinity map
4 . RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS•
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION:
Council Agenda
Item No. 3P
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Kent City Council Meeting
Date November 18 , 1997
Category Consent Calendar
1. BUBJECT: HIGHLAND CROSSING (FORMERLY STONEGATE KNOLLS) FINAL
PLAT FSU-96-18 - SET MEETING DATE
2 . SUMMARY BTATEMENT: Set December 9 , 1997 , as the date for a
public meeting to consider a final plat application by Centex
Homes. The subject subdivision is 18 . 58 acres in size and is
located between 116th Avenue S.E. and 120th Avenue S.E. and
north of S.E. 240th Street. The King County Hearing Examiner
approved the preliminary plat File No. L95P0002 and the Kent
City Council approved the preliminary plat, under the name
Stonegate Knolls, on June 4 , 1996.
3 . EXHIBITS: None
4 . RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc. )
.5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS•
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION•
Council Agenda
Item No. 3Q
.. .......... ...
Kent City Council Meeting
Date November 18 . 1997
Category Other Business
1. SUBJECT: FOX RIDGE ADDITION NO. 1 PRELIMINARY PLAT SU-96-14
2 . SUMMARY STATEMENT: This date has been set to consider the
Hearing Examiner's recommendation for approval of an applica-
tion by Lakeridge Development, Inc. for a 14-lot Single Family
Residential Preliminary Subdivision. This plat is 2 .5 acres in
size and is located at 11800 SE 268th Street.
3 . EXHIBITS: Staff report; Findings and Recommendations; and
preliminary plat map
4. RECOMMENDED BY: Hearing Examiner
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACT�/ION: f
Councilmember cflty� moves, Councilmember ! too seconds
to accept the Findings of the Hearing Examiner,
and to adopt the Hearing Examiner's recommenda-
tion of approval of Fox Ridge Addition #1 Preliminary Plat.
DISCUSSION:
�C
ACTION•
Council Agenda
Item No. 4A
CITY OF
1
Jim White, Mayor
Planning Department (206) 859-3390/FAX(206) 850-2544
James P. Harris,Planning Director
OFFICE OF THE LAND USE HEARING EXAMINER
(206) 859-3390 Theodore P.Hunter
Hearing Examiner
FINDINGS, CONCLUSIONS AND RECOMMENDATION
FILE NO: FOX RIDGE ADDITION #1 #SU-96-14
APPLICANT: LAKERIDGE DEVELOPMENT, INC.
REOUEST: A request to subdivide approximately 2.5 acres into 14 single family
residential lots.
LOCATION: The property is located at 11800 SE 268th Street in Kent, Washington.
APPLICATION FILED: September 26, 1996
DETERMINATION OF
NONSIGNIFICANCE ISSUED: August 29, 1996
MEETING DATE: December 4, 1996
RECOMMENDATION ISSUED: December 18, 1996
RECOMMENDATION: APPROVAL with conditions
STAFF REPRESENTATIVE: Fred N. Satterstrom, Planning Department
Matthews Jackson, Planning Department
Kristen Langley, Public Works Department
Gary Gill, Public Works Department
PUBLIC TESTIMONY: David Casey, representing applicant
WRITTEN TESTIMONY: None
EXHIBITS: 1. Hearing Examiner file containing application, staff
report and public notice.
1
220 41h AVE.SO.. /KENT WASHINOTON 99031-58951 TELEPHONE (2061859-330I1/FAX N N59-333a
Hearing Examiner Findings and Recommendation
Fox Ridge Addition#1
#SU-96-14 --
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.
SUMMARY OF PROCEDURE_
A public hearing was held on December 4, 1996, in the City of Kent Council Chambers. All present
were given an opportunity to testify and present evidence. The Planning Department presented an
analysis of the application and a recommendation of approval with conditions. The applicant's
representative testified that all conditions recommended by the department were acceptable if
questions related to Condition 3 and Condition 4e could be resolved. No one else presented any
testimony in support of or in opposition to this application. The following Findings and Conclusions
are based on the testimony and evidence presented at the public hearing.
FINDINGS
1. The owner of the property proposed for subdivision is Lake Ridge Development, Inc. of
Kent, Washington. Exhibit 1, Application. The applicant was represented at the public
hearing by Mr. David Casey.
2. The property proposed for subdivision is located at 11800 SE 268th Street. Exhibit 1, Staff
Report.
3. The property is 2.5 acres. The applicant proposes fourteen single family lots with the
smallest lot of 5,818 square feet. The applicant submitted a site plan dated September 25,
1996,that shows all lots in conformance with minimum lot size requirements. Exhibit 1, Site
Plan.
4. The property is zoned SR-6, Single Family Residential with a 5,700 square foot minimum
lot size. The Comprehensive Plan Land Use Map designates the property as SF-6, Single
Family Residential with six dwelling units per acre. Exhibit 1, Staff Report.
5. Land use all around the property proposed for subdivision is either developed or proposed
for development as single family residential. Site View; 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
2
Hearing Examiner Findings and Recommendation
Fox Ridge Addition#1
#SU-96-14
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 118th Place SE which is classified as a Residential
Collector. The street has a 36 foot wide roadway with three lanes. The traffic impacts from
the proposed development would be 140 daily and 14 PM Peak Hour trips per day.
Exhibit 1, Staff Report and MDNS. Sufficient right-of-way for the construction of SE 268th
Street must be dedicated by the applicant so that the street can meet city standards. Street
improvement standards must include 35-foot radius curb turns at the intersection of the plat
street and SE 268th; a five-foot-wide sidewalk along the southerly side of 268th Street for
pedestrian access to the plat and schools; concrete curbs, gutters and all other improvements
detailed in city ordinances and as part of the conditions of approval. Twenty-six-foot-wide
common access tracts, or another site design method to reduce the potential of .
pedestrian/vehicle conflicts, are needed for access to lots 3,6,7 and 10. In his testimony at
the public hearing,the applicant agreed to mitigate these traffic impacts associated with the
proposed development in accordance with the recommended conditions. Exhibit 1, MDNS
(There was no appeal of the MDNS); Staff Report, Recommended Conditions on pages 10
- 14; Testimony of Mr. Casey and Ms. Langley.
8. The City of Kent water system and sanitary sewer system can be extended to each lot.
Exhibit 1, Staff Report. The stormwater detention system has not yet received final approval.
Since an existing stormwater system is in the street next to the proposed development, it is
likely that the applicant has already complied with the required downstream analysis because
of earlier documents submitted in conjunction with previously developed parcels. Testimony
of Mr. Casey and Mr. Gill.
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 August 29, 1996 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, pedestrian access to the subdivision and preparation of a stormwater control plan.
Exhibit 1, MDNS.
10. Public notice of this application was given by posting, publication and mailing. Exhibit 1,
Affidavits of Harris and Holden.
Hearing Examiner Findings and Recommendation
Fox Ridge Addition#1
#SU-96-14
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-
4
Hearing Examiner Findings and Recommendation
Fox Ridge Addition#1
#SU-96-14
(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 & 10.
RECOMMENDATION
The Hearing Examiner recommends that this preliminary plat application be APPROVED subject
to the following conditions:
A. CONDITIONS OF APPROVAL:
I. The subdivider shall implement all mitigation measures required by the
Determination of Nonsignificance for SEPA checklist #ENV-96-64 for the Fox
Ridge Addition I Subdivision.
5
Hearing Examiner Findings and Recommendation
Fox Ridge Addition#1
#SU-96-14 B. PRIOR TO RECORDATION OF THE FOX RIDGE AD ITION #1 SUBDIVISION:
1. The subdivider shall dedicate sufficient right-of-way, across the entire property
frontage, for the construction of SE 268th Street to City Standards. This deed of
right-of-way shall be provided based upon a survey to be performed by a licensed
land surveyor of the subject property, SE 268th Street, and adjacent affected
properties,and shall clearly delineate the existing public right-of-way,property lines,
curb lines, paving limits, and other public and private improvements. This right-of-
way dedication shall include sufficient property to construct 35-foot radius curb
returns tangent to the new curb lines on SE 268th Street and the plat street.
2. The owner/subdivider shall dedicate sufficient right-of-way to construct the plat
street to City Standards for a Residential Street, with a minimum right-of-way of 49-
feet,including a minimum 51.5 foot radius in the turnaround(at property line,45 feet
at curb line) in the turnaround.
3. -foot wide common access tracts to provide access to the
The developer shall grant 26
following lots or provide joint-use driveways or other method of obtaining a safe
separation distance between access points to lots to help reduce the potential for
pedestrian/vehicle encounters:
a. Access Tract 1: Lots 3 through 6
b. Access Tract 2: Lots 7 through 10
4. The owner/subdivider shall provide engineering drawings for review and approval
by the City, and either construct or bond for the following:
a. A gravity sanitary sewer system to serve all lots. The septic system, if any,
serving the existing home within the proposed plat shall be abandoned in
accordance with King County Health Department Regulations.
b. A water system meeting domestic and fire flow requirements for all lots.
C. A stormwater drainage system meeting the requirements of the Kent
Construction Standards for release, detention, water quality treatment, and
100-year, 24-hour conveyance, etc. The maximum release criteria to be met
for this project shall be that for Soos Creek Basin Plan. The minimum
detention volume will be that volume required for the 100-year, 24-hour
design storm released at a rate no higher than 70 percent of the redeveloped
2-year, 24-hour design storm (the release criteria established in the Soos
6
Hearing Examiner Findings and Recommendation
Fox Ridge Addition#1
#SU-96-14
Creek Basin Plan for discharge to Soosette Creek). The predevelopment
condition for this development shall be assumed to be forest unless otherwise
determined by the Public Works Director.
d. Roof Downspout Infiltration Trenches for each house and garage. The
approved stormwater drainage plans will include a detail for the Roof
Downspout Infiltration Trenches. The following note shall be contained on
the face of the final plat:
AS A CONDITION OF BUILDING PERMIT ISSUANCE, BUILDINGS
CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE
ROOF DOWNSPOUT INFILTRATION TRENCH SYSTEMS PER
DETAILS SHOWN ON THE APPROVED STORMWATER PLANS.
e. The required downstream analysis for this development will include an
analysis for capacity, erosion potential, and water quality from the point of
discharge from the site downstream a distance of at least one quarter mile, or
to the point where stormwater discharges to the City of Kent stormwater
drainage system, whichever is further. The owner/subdivider shall identify
all reaches which do not have the capacity to carry the 100-year, 24-hour
peak design flow rate. Should downstream capacity be insufficient to
convey the 25-year, 24-hour peak flow rate, the Applicant shall either
provide necessary off-site improvements (and easements where necessary),
OR further detain/retain stormwater and restrict the release rate of
stormwater to ensure that the capacity of the existing conveyance system
will not be exceeded. Similarly, should an erosion problem be exacerbated
by the proposed release conditions, then the owner/ subdivider will have to
further restrict the release of stormwater from this development.
f. A Landscape Plan for within and surrounding the public detention and
stormwater treatment facility.
g. An open-to-the-air stormwater treatment system in accordance with Kent
Construction Standards to mitigate for potential impacts to stormwater runoff
quality. Acceptable stormwater treatment facilities meeting this requirement
in their preferred order include: infiltration after pretreatment; biofiltration
swales; wet ponds; extended detention ponds; and created wetlands.
Alternatives and experimental treatment facilities will be evaluated on a case-
by-case basis by the Department of Public Works.
7
Hearing Examiner Findings and Recommendation
Fox Ridge Addition#1
#SU-96-14
h. Detailed Grading Plans AND Temporary Erosion and Sediment Control
Plans in conformance to the City Construction Standards. These plans shall
address the entire subdivision and shall include clearing and rough grading
for all lots to avoid the necessity of processing 14 individual Grading Permits
and TESC Plans during home construction. Both plans shall adequately
reflect the Tree Plan discussed below.
i. A detailed Tree Plan showing all existing trees greater than 6 inch caliper and
which indicates which trees shall be preserved. A tree plan approved by the
Planning Department is required prior to any site work including the
installation of utilities, construction of roads, and grade and fill activities.
j. Construct the plat street to City Standards for a Residential Street, including
a 32-foot wide paved roadway; concrete curbs, gutters, and five (5) foot wide
concrete sidewalks on both sides of the street; street lighting; storm drainage;
street channelization; utilities and appurtenances, and 35-foot radius curb
returns at the intersections of the plat street and SE 268th Street.
k. A widening/improvement of SE 268th Street, across the entire subdivision
frontage to City Standards as required to transition to the existing roadway
improvements to the east and west of the subject property.
1. A five (5) foot wide concrete sidewalk along the southerly side of SE 268th
Street, from the southerly subdivision boundary to the easterly subdivision
boundary of the 'Fox Ridge' plat. In lieu of this Environmental Mitigation
Measure, and at the sole discretion of the Director of Public Works, the
concrete sidewalk shall be constructed along the southerly side of SE 268th
Street, westerly to the paved walkway connecting I I6th Avenue SE and the
cul-de-sac bulb at the westerly terminus of SE 268th Street.
M. Two 24-foot wide paved Private Access Tract roadways --providing access
to Lots 3 through 6 and Lots 7 through 11 -- and including on-site paved
hammerhead turnarounds meeting the requirements of the Fire Marshal, if
determined necessary.
4. Runoff from lots 5, 6, 7& 8 along the westerly edge of the plat shall be intercepted
and conveyed into the stormwater drainage system.
5. The owner/subdivider shall dedicate all necessary public right-of-way for the
improvements listed in Section B and provide all public and private easements
8
Hearing Examiner Findings and Recommendation
Fox Ridge Addition#1
#SU-96-14
necessary for the construction, operation and maintenance of the required
improvements identified in Section B, above.
6. Dedicate 5 percent of the total plat area for park and open space or pay a fee in lieu
of per Section 12.04.490 of the Kent City Code.
C. PRIOR TO THE ISSUANCE OF ANY DEVELOPMENT PERMITS ON ANY LOT IN
THE FOX RIDGE ADDITION 41 SUBDIVISION:
1. Construct all improvements required in Sections A & B, above.
2. The owner/subdivider shall submit as-built drainage plans for the entire site prepared
by a professional land surveyor licensed by the State of Washington to the City for
review and approval prior to issuance of any building permits.
Dated this 18th day of December, 1996
�Ttm" pw.9a 4u�
THEODORE PAUL HUNTER
Hearing Examiner
9
CITY OF 77!2��
' 9
Jim White, Mayor
map
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
DECEMBER 4, 1996 at 2:00 PM
FILE NO: FOX RIDGE ADDPTION I #SU-96-14
APPLICANT: Lakeridge Development, Inc.
P.O. Box 146
Renton, WA 98057
REQUEST: A request_to subdivide approximately 2.5 acres into 14 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 14 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 thirteen new
building lots.
B. Location
The subject property is located at 11800 SE 268th Street.
1
220 41h AVE.SQ.. /KENT WASHINGTON 98032-5895/TELEPHONE i2061H59-3300/FAX 0 859.3334
Staff Report
Fox Ridge Addition#1
#SU-96-14
C. Size of Prooertv
The subdivision proposal is approximately 2.5 acres in size.
D. 7onins
The subject property is zoned SR-6, Single Family Residential with a six units per
acre maximum density. The minimum lot size in this zoning district is 5,700 square
feet.
E. Land Use
The City of Kent Comprehensive Plan Land Use Map designates the site SF 6,
Single Family Residential, six units per acre maximum density. Neighboring land
uses are single family residential, including the Fox Ridge Plat and proposed
Soosette Short Plat to the north and east. This application is in an area of many
recently constructed single family residential subdivisions. The proposed
development on the subject property is consistent with the comprehensive plan land
use map designation.
F. History
The subject property was annexed to the City of Kent on January 1, 1996 as part of
the Meridian annexation area.
A Tentative Plat meeting was held on April 18, 1996 to discuss issues regarding this
plat(#TSU-96-14). At this meeting the applicant was given preliminary conditions
of approval.
II. ENVIRONMENTAL CONSIDERATIONS
A. Environmental Assessment
A final Mitigated Determination of Nonsignificance (MDNS) was issued on
August 29, 1996 (4ENV-96-64) subject to 5 conditions. A copy of the MDNS will
be a part of the record for this preliminary plat.
2
Staff Report
Fox Ridge Addition#1
#SU-96-14
B. Significant Physical Features
Topog=hy and Vegetation
The applicant estimates the steepest slope to be approximately ten percent in the
northeast part of the site. There are a few mature trees located on the property. The
developer will be required 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.
Water
There are no significant water features present on the site. A branch of Soosette
Creek rises on the property located west of the site.
C. Sienifican_t Social Features
1. Street Svstem
The subject property is located upon the East Hill of the City of Kent and
takes its primary access from 118th Place SE. One-hundred Eighteenth Place
Southeast is classified as a Residential Collector upon the City's Master Plan
of Roadways with a 36 foot wide roadway with 3 lanes. One-hundred
Eighteenth Place Southeast is currently improved to its design width, and
does not require improvement/widening in conjunction with the Fox Ridge
Addition I Subdivision to support new and continued development in the
area.
The current average daily traffic count along 132nd Avenue SE is
approximately 20,300 vehicles. It is estimated that the Fox Ridge Addition
I will add an estimated 140 daily and 14 PM peak hour trips to the area
Water System
Water service to the site will be provided by the City of Kent.
3. Sanitary Sewer System
An existing sanitary sewer is available to serve the property.
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Fox Ridge Addition#1
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4. Stormwater System
A stormwater system, meeting City of Kent Construction Standards is
necessary to accommodate new development. This will include a
downstream analysis. Release criteria will be those included within the Soos
Creek Drainage Basin Plan.
5. LID&
No Local Improvement Districts exist at this time.
III. CONSULTED DEPARTMENTS AND AGENCIES
The following departments and agencies were advised of this application:
Chief of Staff 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
Washington Department of Transportation —
U.S. Postmaster
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
In 1995, the Kent City Council adopted the Kent Comprehensive Plan, which
represented a complete revision to the City's 1977 comprehensive plan. The 1995
4
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Fox Ridge Addition #1
#SU-96-14
plan was prepared under the provisions of the Washington State Growth
Management Act. The Comprehensive Plan,through its goals and policies,presents
a clear expression of the City's vision of growth for citizens, the development
community,and other public agencies. The plan is used by the Mayor, City Council,
Land Use and Planning Hearings Board, Hearing Examiner, and City departments
to guide decisions on amendments to the City's zoning code and other development
regulations, which must be consistent with the plan, and also guide decisions
regarding the funding and location of capital improvement projects. The Land Use
Element of the plan contains a Land Use Plan Map, which designates the type and
intensity of land uses throughout the city, as well as in the entire potential annexation
area
KENT COMPREHENSIVE PLAN
The City of Kent Comprehensive Plan is made up of eleven elements which contain
written goals and policies as well as a land use map. The Kent Comprehensive Plan
Land Use Map designates the project site as SF 6, Single Family Residential, with
a six units per acre maximum density.
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 PotentiaF 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.
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Fox Ridge Addition#1
#SU-96-14
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 DepW=ent Comment:
This proposed subdivision supports several of the goals and policies in the land use
element. The development of vacant properties inside the urban growth boundary
prevents further urban sprawl in rural areas. In addition, infill development provides
a much more efficient means of providing services and enhancing pedestrian
opportunities. The net density of this project is approximately 5.6 units per acre
which is above the minimum of four which is necessary to adequately support urban
services.
One of the overall themes of the comprehensive plan is to provide a wide variety of
housing types and opportunities to accommodate projected population growth
without converting single family land to multifamily. Development of single family
subdivisions on vacant single family land is supportive of this theme.
HOUSING ELEMENT
OVERALL GOAL_ENSURE OPPORTUNITIES FOR AFFORDABLE HOUSING
AND AN APPROPRIATE LIVING ENVIRONMENT FOR KENT CITIZENS.
Goal H-1: Promote healthy neighborhoods by providing a wide range of housing
options throughout the community that are accessible to community
and human services, employment opportunities, and transportation,
and by being sensitive to the environmental impacts of development.
Policv H-1.2: Guide new residential development into areas where
community and human services and facilities are available,
and in a manner which is compatible with the land use
element.
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
6
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Fox Ridge Addition #1
#SU-96-14
overall effectiveness and their impact on housing cost and
supply.
Planning D=artment 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
mitigated Determination of Nonsignificance (MDNS). These impacts include, but
are not limited to, water quality and traffic. The requirements for stormwater
management will protect the water quality in the area. 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-12: Coordinate new commercial and residential
development in Kent with transportation projects to
improve affected roadways.
Policv TR-1.3: Fund development of the roads necessary for a
complete arterial system serving all travel needs in the
planning area (inside and outside the City) through
fair share payments by new residential, commercial,
and industrial development.
Planning Department Comment:
Under the Growth Management Act,the City must be able to provide the necessary
infrastructure to support new development at the time it is completed. There are
7
Staff Report
Fox Ridge Addition #1
#SU-96-14
existing 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 Kenrs 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 Dg;a*trnent Comment
The proposed preliminary plat will provide thirteen 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 reduces the amount of public funds necessary to
provide those services, and therefore resources can be directed towards other
projects.
B. STANDARDS FOR GRANTTNr 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
8
Staff Report
Fox Ridge Addition #1
#SU-96-14
protected; that orderly growth, development, and the conservation, protection and
proper use of land shall be insured; that proper provisions for all public facilities
(including circulation,utilities,and services)shall be made;that maximum advantage
of site characteristics shall be taken into consideration; that conformance with
provisions set forth in the City of Kent Zoning Code and Kent Comprehensive Plan
shall be insured.
Planning Department Comment
The proposed plat is in general conformance with the regulations of the Subdivision
Code. The Subdivision Code calls for right-of-way widths for cul-de-sacs to be 49
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 SR 6, Single Family Residential zoning district.
Planning Department Comment
All proposed lots meet minimum lot size and width requirements. 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 lots shall meet the minimum area and width requirements of the SR-6
district and shall be appropriate for the development of single family residences.
Comer lots may be required to be platted with additional—width to allow for the
additional side yard requirements. Lots which are bordered by two (2) streets shall
be permitted access to only one (1) of those streets. All lot corners at intersections
of dedicated public rights of way shall have a minimum radii of fifteen(15) feet.
D. PROPOSED FINDINGS
The Planning Department has reviewed this application in relation to the
Comprehensive Plan, proposed zoning, land use, street system, flood control
problems and comments from other departments and finds that:
1. The Kent Comprehensive Plan Land Use Map designates the site SF-6,
Single Family Residential, six units per acre maximum density.
9
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Fox Ridge Addition#1 `
#SU-96-14
2. The site is currently zoned SR-6, Single Family Residential with a 5,700
square foot minimum lot size.
3. Land uses in the immediate area are single family residential.
4. A Tentative Plat meeting was held for the proposed subdivision on April 18,
1996 (#TSU-96-14).
5. A Mitigated Determination of Nonsignificance was issued for the plat on
August 29, 1996.
6. There are significant trees of six inch or greater caliper located on the
property.
7. The site has access to I I8th Place SE.
8. The subject property will receive sewer and water 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 Fox Ridge Addition I
subdivision with the following conditions:
A. Conditions of approval:
1. The subdivider shall implement all mitigation measures required by the
Determination of Non-Significance for SEPA checklist#ENV-96-64 for the
FOX RIDGE ADDITION I Subdivision.
B. Prior to recordation of the Fox Ridge Addition#1 Subdivision:
1. The subdivider shall dedicate sufficient right-of-way, across the entire
property frontage,for the construction of SE 268th Street to City Standards.b
This deed of right-of-way shall be provided based upon a survey
to performed by a licensed land surveyor of the subject property, SE 268th
Street, and adjacent affected properties, and shall clearly delineate the
existing public right-of-way, property lines, curb lines, paving limits, and
other public and private improvements. This right-of-way dedication shall
10
Staff Report
- Fox Ridge Addition#1
#SU-96-14
include sufficient property to construct 35-foot radius curb returns tangent
to the new curb lines on SE 268th Street and the plat street.
2. The owner/subdivider shall dedicate sufficient right-of-way to construct the
plat street to City Standards for a Residential Street, with a minimum right-
of-way of 49-feet, including a minimum 51.5 foot radius in the turnaround
(at property line, 45 feet at curb line) in the turnaround.
3. The developer shall grant 26-foot wide common access tracts to provide
access to the following lots:
a. Access Tract 1: Lots 3 through 6
b. Access Tract 2: Lots 7 through 10
4. The owner/subdivider shall provide engineering drawings for review and
approval by the City, and either construct or bond for the following:
a. A gravity sanitary sewer system to serve all lots. The septic system,
if any, serving the existing home within the proposed plat shall be
abandoned in accordance with King County Health Department
Regulations.
b. A water system meeting domestic and fire flow requirements for all
lots.
C. A stormwater drainage system meeting the requirements of the Kent
Construction Standards for release,detention,water quality treatment,
and 100-year, 24-hour conveyance, etc. The maximum release
criteria to be met for this project shall be that for Soos Creek Basin
Plan. The minimum detention volume will be that volume required
for the 100-year, 24-hour design storm released at a rate no higher
than 70 percent of the redeveloped 2-year, 24-hour design storm(the
release criteria established in the Soos Creek Basin Plan for discharge
to Soosette Creek). The predevelopment condition for this
development shall be assumed to be forest unless otherwise
determined by the Public Works Director.
d. Roof Downspout Infiltration Trenches for each house and garage.The
approved stormwater drainage plans will include a detail for the Roof
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Fox Ridge Addition#1
#SU-96-14
Downspout Infiltration Trenches. The following note shall be
contained on the face of the final plat:
AS A CONDITION OF BUILDING PERMIT ISSUANCE,
BUILDINGS CONSTRUCTED ON LOTS OF THIS
SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT
INFILTRATION TRENCH SYSTEMS PER DETAILS SHOWN ON
THE APPROVED STORMWATER PLANS.
e. The required downstream analysis for this development will include
an analysis for capacity, erosion potential, and water quality from the
point of discharge from the site downstream a distance of at least one
quarter mile,or to the point where stormwater discharges to the City .
of Kent stormwater drainage system, whichever is further. The
owner/subdivider shall identify all reaches which do not have the
capacity to carry the 100-year, 24-hour peak design flow rate.
Should downstream capacity be insufficient to convey the 25-year,
24-hour peak flow rate, the Applicant shall either provide necessary
off-site improvements (and easements where necessary), OR further
detain/retain stormwater and restrict the release rate of stormwater
to ensure that the capacity of the existing conveyance system will
not be exceeded. Similarly, should an erosion problem be
exacerbated by the proposed release conditions, then the owner/
subdivider will have to fiirther restrict the release of stormwater from
this development.
f. A Landscape Plan for within and surrounding the public detention
and stormwater treatment facility.
g. An open-to-the-air stormwater treatment system in accordance with
Kent Construction Standards to mitigate for potential impacts to
stormwater runoff quality. Acceptable stormwater treatment facilities
meeting this requirement in their preferred order include: infiltration
after pretreatment;biofiltration swales;wet ponds;extended detention
ponds;and created wetlands.Alternatives and experimental treatment
facilities will be evaluated on a case-by-case basis by the Department
of Public Works.
h. Detailed Grading Plans AND Temporary Erosion and Sediment
Control Plans in conformance to the City Construction Standards. _
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Fox Ridge Addition #1
#SU-96-14
These plans shall address the entire subdivision and shall include
clearing and rough grading for all lots to avoid the necessity of
processing 14 individual Grading Permits and TESC Plans during
home constriction. Both plans shall adequately reflect the Tree Plan
discussed below.
i. A detailed Tree Plan showing all existing trees greater than 6 inch
caliper and which indicates which trees shall be preserved. A tree
plan approved by the Planning Department is required prior to any
site work including the installation of utilities, construction of roads,
and grade and fill activities.
j. Construct the plat street to City Standards for a Residential Street, .
including a 32-foot wide paved roadway; concrete curbs, gutters, and
five(5)foot wide concrete sidewalks on both sides of the street; street
lighting; storm drainage; street channelization; utilities and
appurtenances, and 35-foot radius curb returns at the intersections of
the plat street and SE 268th Street.
k. A widening/improvement of SE 268th Street, across the entire
subdivision frontage to City Standards as required to transition to the
existing roadway improvements to the east and west of the subject
property.
1. A five (5) foot wide concrete sidewalk along the southerly side of
SE 268th Street, from the southerly subdivision boundary to the
easterly subdivision boundary of the 'Fox Ridge' plat. In lieu of this
Environmental Mitigation Measure, and at the sole discretion of the
Director of Public Works, the concrete sidewalk shall be constructed
along the southerly side of SE 268th Street, westerly to the paved
walkway connecting I I6th Avenue SE and the cul-de-sac bulb at the
westerly terminus of SE 268th Street.
M. Two 24-foot wide paved Private Access Tract roadways —providing
access to Lots 3 through 6 and Lots 7 through 11 — and including on-
site paved hammerhead turnarounds meeting the requirements of the
Fire Marshal, if determined necessary.
4. Runoff from lots 5, 6, 7 & 8 along the westerly edge of the plat shall be
intercepted and conveyed into the stormwater drainage system.
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Staff Report
Fox Ridge Addition #1
#SU-96-14
5. The owner/subdivider shall dedicate all necessary public right-of-way for the
improvements listed in Section B and provide all public and private
easements necessary for the construction, operation and maintenance of the
required improvements identified in Section B, above.
6. Dedicate 5 percent of the total plat area for park and open space or pay a fee
in lieu of per Sectionl2.04.490 of the Kent City Code.
C. Prior to the issuance of any development permits on any lot in the FOX RIDGE
ADDITION#1 subdivision (#SU 96-14):
1. Construct all improvements required in Sections A& B, above.
2. The owner/subdivider shall submit as-built drainage plans for the entire site
prepared by a professional land surveyor licensed by the State of Washington
to the City for review and approval prior to issuance of any building permits.
KENT PLANNING DEPARTMENT
November 25, 1996
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APPLICATION NAME: Fox Ridge Addition #1
NUMBER: #SU-96- 1 4 DATE:December 4, 1996
REQUEST: Preliminary Plat A
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APPLICATION NAME: Fox Ridge Addition #1
NUMBER: #SU-96- 14 DATE:December 4, 1996
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Kent City Council Meeting
Date November 18 , 1997
Category Other Business
1. SUBJECT: STONEBROOK SUITES REZONE RZ-97-3
2 . SUMXARY STATEMENT: The Hearing Examiner has recommended
approval of an application to rezone approximately 4. 6 acres
from M-1, Industrial Park, to MI-C, Industrial Park -
Commercial Suffix. The property is located at the northwest
corner of S. 182nd Street and 72nd Avenue S.
3 . EXHIBITS: Staff report and Findings and Recommendations
4 . RECOMMENDED BY: Hearing Examiner
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
to accept/-rejeetime&ify the Findings of the Hearing Examiner,
and to adopt/Te-jeGtIae" the Hearing Examiner's recommenda-
tion of approval of the Stonebrook Suites Rezone and to direct
the City Attorney to prepare the necessary ordinance.
DISCUSSION:
ACTION•
Council Agenda
Item No. 4B
;.I+r of
Jim White, Mayor
Punning Department (253) 859-33901FAX(253) 850-2544
James P.Harris,Planning Director
OFFICE OF THE LAND USE HEARING EXAMINER Theodore P.Hunter
(253) 859-3390 Hearing Examiner
FINDINGS, CONCLUSIONS AND RECOMMENDATION
EILLYQ: STONEBROOK SUITES #RZ-97-3
APPL•IGANT: Roger Collins, Inn Ventures, Inc.
R •O TF. T: A request to rezone approximately 4.6 acres from M-1, Industrial Park, to
M1-C,Industrial Park - Commercial Suffix.
LQ ATION: The property is located at the northwest corner of S. 182nd Street and
72nd.Avenue S.
APPLICATION FI • "D: August 11, 1997
NrONcIrrllFi('ANCE It�� September 8, 1997
x,rFF rIN ,GDDATE: October 1, 1997
Rr��*ax+��>DATION ISSIT : October 15, 1997
RFC )MMENmATION: APPROVAL
OTAL- r)RpRF4FNTATIVE: Charlene Anderson, Planning Department
PtIBLI TC ESTIMQN John Phillips, representing applicant
WRII Frr 'TFSTIMONY: None T
1, Hearing Examiner file containing the application,
�' public notice and staff report.
1
220 Ah AVENUE SOUTH / KENT.WASHINGTON 98032-5895 1 TELEPHONE (253)859-3300
Hearing Examiner Findings and Recommendation
Stonebrook Suites
#RZ-97-3
INTRODUCTION
After due consideration of all the evidence presented at public hearing on the date indicated above,
and following an unaccompanied personal inspection of the subject property and surrounding area
by the Hearing Examiner at a time prior to the public hearing, the following findings, conclusions
and recommendation are entered by the Hearing Examiner on this application.
SUMMARY OF PROCEEDINGS
The applicant filed a request for a rezone of property within the M-1, Industrial Park District to
M1-C, Industrial park District—Commercial Suffix on August 11, 1997. The rezone request was
filed concurrently with a variance application from KCC 15.07.060(0) and a Shoreline Variance
from Section 6.9(3)of the Shoreline Master Program. The Planning Department conducted a review
of the applications and prepared a recommendation for approval of the requests. A public hearing
was held on October 1, 1997 to allow surrounding property owners and interested citizens an
opportunity to respond to the applications. The opportunity to be heard was published, mailed and
posted in accordance with city ordinances.
The applicant proposes to develop a 152 room, all suite hotel with parking for 167 vehicles. The
buildings will be configured in a "village cluster" layout with an extensive pedestrian walkway
system leading from parking lots to the guest rooms,"Cottage House",outdoor pool,spa and activity
court. Hotel facilities are permitted outright within the MI-C zoning districts.
A joint public hearing was held on the requests for variances from the Kent Zoning Code and the
Shoreline Master Program and on the rezone. At the hearing, the Hearing Examiner accepted
testimony and evidence related to the application. The Planning Department presented its
recommendation of approval with conditions. A representative of the applicant testified in support
of the City's recommendation. No one presented any evidence or testimony in opposition to the
applications.
FINDINGS
1. Roger Collins, Inn Ventures, Inc. (applicant) requests a rezone from the current M-1,
Industrial Park District,to M-1-C,Industrial Park District—Commercial Suffix. The subject
property, approximately 4.6 acres located at the northwest comer of the intersection of S.
182nd Street and 72nd Avenue South, is intended for development into a 152 room, all suite
hotel with parking for 167 vehicles, an outdoor pool, spa and activity court. The subject
application was submitted and heard concurrently with an application for a shoreline
variance from Section 6.9(3) of the Shoreline Master Program to allow a 35-foot reduction
in the required 50-foot landscape screen of the parking area along the western property line;
and, an application for a variance from KCC Section 15.07.060(0) to eliminate the 15-foot
2
Hearing Examiner Findings and Recommendation
Stonebrook Suites
#RZ-97-3
required side yard landscaping along three street frontages. Exhibit 1, Application; Exhibit 1,
Staff Report.
2. The Green River is west of the site. The West Valley Highway - a five-lane major arterial
with thousands of vehicles traveling it each day - lies between the river and the subject
property. Location next to the West Valley Highway will provide vehicular connection to
a major transportation link. Exhibit 1, Staff Report; Site View.
3. The subject property fronts West Valley Highway, South 80th Street, South 181st Street,
71st Avenue S. and S. 182nd Street. Direct access to the site will be from 72nd Avenue S.,
which is classified as a Minor Arterial and has a public right-of-way width of 60 feet, with
35 feet of paving. The street is improved with 2 lanes of asphalt paving, curb and gutter,
stormwater drainage, sidewalks, and street lighting. The average weekday traffic count on
72nd Avenue South is estimated to be less than 5,000 vehicle trips per day. Traffic impacts
have been considered in the environmental review of the proposal and will be mitigated
through conditions of the Mitigated Determination of Nonsignificance. Exhibit 1, Staff
Report; Exhibit 1, MDNS.
4. The Comprehensive Plan map designates the site as Industrial. The area where this site is
- located has been modified on the Comprehensive Plan map adding a C-suffix overlay. With
Industrial zone designation, C-suffix (MI-C zoning district), the subject property will be
consistent with the Comprehensive Plan designation for the site. The proposed hotel will be
permitted use. The rezone is consistent with the policies of the Comprehensive Plan.
Exhibit 1, Staff Report; Exhibit 1, Application.
5. The City of Kent Shoreline Master Program designates the site as "Urban." The objective
of the Urban environment is to ensure optimum utilization of shorelines within urbanized
areas, and typically includes high-intensity land uses including residential, commercial and
industrial development. The applicant has applied for a Shoreline Substantial Development
Permit. Exhibit 1, Staff Report.
6. The site is surrounded by six streets. An Arco AM/PM station operates to the northwest of
the property; an office building is located to the south; some single family residences exist
southwest of the property; and industrial parks lie to the north and east. The design of
project will be compatible with other permitted activities in the area and will not cause
adverse effects to adjacent properties or the shoreline environment. Exhibit 1, Staff Report;
Exhibit 1, Maps; Site View.
7. In 1990, the State Legislature adopted the Growth Management Act(GMA). In 1995,the
City Council adopted the new Comprehensive Plan, done under the provisions of the GMA.
3
Hearing Examiner Findings and Recommendation
Stonebrook Suites
#RZ-97-3
The Comprehensive Plan designates the site Industrial. Exhibit 1, Staff Report, Exhibit 1,
Application; Presentation of Mr. Phillips.
8. In 1986, the area was included in the West Valley Industrial Study, which identified three
major intersections in Kent's industrial area as locations what a wider range of uses,
including those that respond to the needs of employees to the areas.The Comprehensive Plan
also encourages the expansion of retail opportunities to provide personal and business
services; and,the Comprehensive Plan supports implementing the recommendations of the
West Valley Industrial Study regarding potential areas for expanded retail opportunities
within the M-1 zoning district. The intersection of West Valley Highway and South 180th
Streets has been identified in the Comprehensive Plan as an appropriate location for
commercial type land uses. The West Valley Industrial Study, furthermore, states that
Kent's industrial base is changing, service type industries and office represent a larger share
of development. The proposed hotel would serve persons coming to Kent on business.
Exhibit 1, Staff Report; Exhibit 1, Application.
9. The proposed hotel will be compatible in height and scale with existing uses in the area. The
proposed 2-story structures will be generally smaller in bulk and scale than the larger
concrete office and industrial buildings. Exhibit 1, Application; Exhibit 1, Staff Report.
10. A Mitigated Determination of Nonsignificance (MDNS) under the State Environmental
Policy Act was issued for this proposal on September 8, 1997. It contains conditions related
to mitigation of adverse impacts to traffic, water quality, water quantity, stormwater and
trees. No appeals to this MDNS were filed. Exhibit 1, MDNS.
11. Public notice to property owners within 300 feet of the site was mailed,but was mailed to
the incorrect list. In order to resolve the potential lack of proper notices, notice was
personally delivered and faxed to the neighboring property owners. The City also called the
neighboring property owners,but was unable to reach anyone. The property was posted and
the notice about the hearing was properly published. The City received no comment from
neighboring property owners. The public notice is considered to be properly given by
posting, mailing and publication. Exhibit 1, Affidavits of Notice; Testimony of
Ms. Anderson. No one presented evidence or testimony in opposition-to the application.
CONCLUSIONS
iurisdig,tion znd Authority
The Hearing Examiner has jurisdiction to hold a public hearing on this quasi-judicial rezone, and to
issue a written recommendation for final action to the Council, pursuant to RCW 35A.63.170 and
Chapters 2.32 and 15.09 of the Kent City Code.
4
Hearing Examiner Findings and Recommendation
Stonebrook Suites
#RZ-97-3
Criteria for Review
Section 15.09.050(A)(3)of the Kent Zoning Code sets forth the standards and criteria the Examiner
must use to evaluate a request for a rezone. A request for a rezone shall only be granted if:
1. The proposed rezone is consistent with the Comprehensive Plan;
2. The proposed rezone and subsequent development of the site would be compatible with
development in the vicinity;
3. The proposed rezone will not unduly burden the transportation system in the vicinity of the
property with significant adverse impacts which cannot be mitigated;
4. Circumstances have changed substantially since the establishment of the current zoning
district to warrant the proposed rezone;
5. The proposed rezone will not adversely affect the health, safety, and general welfare of the
citizens of the City of Kent.
"- In addition to the 'above criteria, Section 15.09.050 (D) of the Kent Zoning Code requires the
Hearing Examiner to evaluate a request for M1-C zoning by reviewing the request for consistency
with the following criteria:
1. The proposed rezone is in close proximity or contiguous to major arterial intersections
identified on the comprehensive land map as being appropriate locations for commercial type
land uses.
2. Rezoning to M1-C shall not be speculative in nature, but shall be based on generalized
development plans and uses.
Based on the Findings specified above, the Examiner makes the following conclusions:
Conclusions Based on Findings
1. The proposed rezone is consistent with the both the City Comprehensive Plan Map and
Policies. The designation of Industrial on the comprehensive plan map indicate the proposed
rezone is consistent with the vision of the future adopted by the City Council. The proposed
hotel is consistent with Comprehensive Plan policies which encourage retail uses which
serve surrounding manufacturing uses. The proposed hotel will serve the surrounding uses
by offering business travelers' accommodations. The Comprehensive Plan designates the
5
Hearing Examiner Findings and Recommendation
Stonebrook Suites
#RZ-97-3 _.
said location as appropriate for such commercial uses. The height and scale of the will be
compatible with existing uses. Finding of Fact No. 4, 8 and 9.
2. The potential development associated with the rezone proposal would be compatible
with the existing development in the vicinity of the proposed rezone. The proposed
rezone is in an area that has been developed commercial uses. The proposed hotel will be
generally smaller in bulk and scale than the larger concrete office and industrial buildings
in the vicinity. The proposed rezone will be consistent with this surrounding development
in that it will provide support services to businesses in the area. The type of development
authorized under the proposed zone is just as compatible with the existing development than
is the type of development authorized under the current zone. Finding of Fact No. 6, 8 and
9.
3. The proposed rezone would not unduly burden the transportation system. The traffic
impacts associated with the potential development of the proposed rezone would be no
greater than the traffic generation from the current zoning. Traffic impacts have been
considered in the environmental review process. Finding of Fact No. 2 and 3.
4. Circumstances have changed substantially since the establishment of the existing zone
to warrant the proposed rezone. In 1990, the State Legislature adopted the Growth
Management Act(GMA). In 1995,the City Council adopted the new Comprehensive Plan,
done under the provisions of the GMA. Furthermore, the industrial base of the area is
changing, service type industries and offices uses being increasingly represented. The
location was designated as an area appropriate for commercial development such as the
proposed hotel. Finding of Fact No. 7 and 8.
5. The proposed rezone would not adversely affect the general welfare of the citizens of
Kent in the area surrounding the proposed rezone. No one presented any evidence of any
nature against this rezone proposal. The Hearing Examiner must conclude that the proposed
rezone would not have any adverse affect on anyone in the area surrounding the rezone.
Finding of Fact No. 11.
6. The proposed rezone is in close proximity or contiguous to major arterial intersections
identified on the comprehensive land map as being appropriate locations for commercial
type land uses. The intersection of West Valley Highway and South 180th Street has been
identified in the Comprehensive Plan as an appropriate location for commercial type land
uses. Finding of Fact No. 8.
7. Rezoning to Ml-C is not speculative in nature. A plan for a hotel has been submitted.
Finding of Fact No. 1.
6
Hearing Examiner Findings and Recommendation
Stonebrook Suites
#RZ-97-3
RECOMMENDATION
Based on the above Findings and Conclusions, the Examiner recommends the City Council
APPROVE this request for a rezone without conditions. It is the Examiner's opinion that the rezone
request, as proposed, meets the criteria for approval established by the Council.
Dated this 15th day of October, 1997.
THEODORE PAUL HUNTER
Hearing Examiner
7
CITY OF �L7lSV�
Jim White, Mayor
_ o
Planning Department (253)859-3390/FAX(253) 850-2544
James P. Harris, Planning Director
KENT PLANNING DEPARTMENT
STAFF REPORT
FOR HEARING EXAMINER MEETING OF
OCTOBER 1, 1997 2:00 PM
FILE NO: STONEBROOK SUITES
(#RZ-97-3, #V-97-4, and #SMV-97-2)
APPLICANT: Roger Collins, INN VENTURES, INC.
REQUEST: Rezone from M-1, Industrial Park District, to M-1-C,
Industrial Park District - Commercial Suffix (RZ-97-3);
Variance from KCC 15.07.060 (0) to eliminate side yard
landscaping along three street frontages (#V-97-4); and a
Shoreline Variance from Section 6.9(3) of the Shoreline
Master Program to allow a 35-foot reduction in the required
50-foot landscape screen of the parking area along the
western property line (4SMV-97-2).
STAFF
REPRESENTATIVE: Charlene Anderson, Planner
STAFF
RECOMMENDATION: APPROVAL, with conditions
I. PROPOSED FINDINGS
A. The applicant requests approval of three (3) land use permit applications, as follows:
1. # - 7-
The applicant proposes to rezone approximately 4.6 acres from the current
zoning of M-1, Industrial Park District, to MI-C, Industrial Park District,
Commercial Suffix.
1
20 41h AVENUE SOUTH / KENT.WASHINGTON 98032-5895/TELEPHONE Q53)959-3300
Staff Report
Stonebrook Suites
#RZ-97-3, #V-97-4, and#SMV-97-2
2. #V- -4
The applicant requests a variance from KCC Section 15.07.060(0) to
eliminate the 15-foot required side yard landscaping along 71 st Avenue
South, South 180th Street, and the northerly 246 feet of 72nd Avenue South.
3. #SMV-97-2
The-applicant also requests a variance from the Shoreline Master Program to
allow a 35-foot decrease (from the required 50 feet) in the vegetative buffer
to screen parking from the Green River per SMP Section 6.9(3).
B. The site consists of approximately 4.6 acres and is located at the northwest corner of
the intersection of S. 182nd Street and 72nd Avenue South. The Green River lies
west of West Valley Highway,which borders the site on-its western boundary. A
portion of the development would occur within 200 feet of the Ordinary High Water
Mark of the Green River, and the applicant has applied for a Substantial
Development Permit.
C. The property currently is zoned M-1, Industrial Park District.
D. The property is surrounded by streets. Single family residences are located southwest
of the property. An ARCO AM/PM station is located to the northwest. Industrial
parks lie to the north and east. An office building is located to the south.
E. The property is part of 2,990 acres annexed to the City of Kent on February 28, 1959
under Ordinance No. 1013. The property was the location for the Orillia School
which was demolished in early 1992. The site currently is used in part for baseball
fields.
In 1986,the area was included in the West Valley Industrial Study which identified
three major intersections in Kent's industrial area as ...logical locations for
permitting a wider range of retail uses..." These uses would "...respond to the
personal and service needs of 30,000 plus employees who are drawn to the City each
day...". Allowing more flexibility for retail uses in the M-1 district was considered
anew by the City Council Planning Committee on April 4, 1995, and that committee
voted unanimously to add Policy LU-16.4 to the Land Use Element of the Kent
Comprehensive Plan. Through an inadvertent omission,the policy was not adopted
by the City Council until June 18, 1996 via Ordinance No. 3302.
2
Staff Report
Stonebrook Suites
#RZ-97-3, #V-97-4, and #SMV-97-2
F. Kent's GMA Comprehensive Plan designates the site Industrial. The City of Kent
Shoreline Master Program's environmental designation for the site is "Urban".
G. A mitigated Determination of Nonsignificance was issued for this project on
September 8, 1997(#ENV-97-52) and is part of the record. The conditions address
impacts to traffic, water quality, water quantity, stormwater, and trees.
H. The preliminary site plan for the project shows direct access to 72nd Avenue S.,
which is classified a Minor Arterial. There also is property frontage upon West
Valley Highway, South 180th Street, South 181st Street, 71st Avenue South, and
South 182nd Street. Seventy-second(72nd)Avenue South has a public right-of-way
width of 60 feet, while the actual width of paving is 35 feet. The street is improved
with 2 lanes of asphalt paving, curb and gutter, stormwater drainage, sidewalks, and
street lighting. The average weekday traffic count on 72nd Avenue S. is estimated
to be less than 5,000 vehicle trips per day.
I. An existing 10-inch water main line and 10-inch sanitary sewer are available to serve
the subject property.
J. Mitigation of impacts to the storm drainage system was considered under the
environmental review of this project.
K. The subject property is covered by LID 296 for water, sewer, and storm for
72nd Avenue South, from S. 180th Street to S. 184th Street.
L. The Green River Trail, a community park, is located in the vicinity of the subject
property. The subject proposal impacts this park and recreation facility by drawing
additional residents to the area.
II. CONSULTED DEPARTMENTS AND AGENCIES
The following departments and agencies were advised of this application:
Fire (Fire Chief and Fire Marshal)
Law
Operations
Parks and Recreation
Planning (Building Official)
Police
Public Works
3
Staff Report
Stonebrook Suites
#RZ-97-3, #V-97-4, and #SMV-97-2
State of Washington Department of Transportation
Muckleshoot Tribe, Fisheries Department
City of Renton Planning Department
City of Tukwila Planning Department
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.
Comments from these departments and agencies have been incorporated into the staff report
where available and applicable.
III. PLANNING DEPARTMENT REVIEW
The Planning Department has reviewed this application in relation to the Comprehensive
Plan, Zoning Code, Shoreline Master Program, land use, street system, and comments from
other departments. Following are the Planning Department's comments.
A. Comprehensive Plan
The City of Kent first adopted a City-wide Comprehensive Land Use Plan in 1969;
a revised Comprehensive Plan was adopted in 1995 pursuant to the Washington State
Growth Management Act(GMA). The goals and policies of the Comprehensive Plan
represent an expression of community intentions and aspirations to guide growth and
the provision of services within the City of Kent and are guided by GMA
requirements.
Kent's GMA Comprehensive Plan designates the site Industrial. The proposed
project directly supports Goal LU-16.2 and Goal TR-1.4,which accommodate certain
commercial uses which require large tracts of land, retail uses which serve the
surrounding manufacturing uses,and which encourage consolidation of access points
to developments. The proposal also supports Policy LU-16.4, "To expand retail
opportunities to provide necessary personal and business services for the general
industrial,area, implement the recommendations of the West Valley Industrial Study
regarding potential areas for expanded retail opportunities for properties within the
M1 Industrial Park district."
B. 72nine Code
The proposed land use is a principally permitted use within the Ml-C,Industrial Park
"C" suffix,zoning district. The applicant is requesting a rezone from M-1, Industrial
4
Staff Report
Stonebrook Suites
#RZ-97-3, #V-97-4, and#SMV-97-2
Park District, to M-1-C, Industrial Park District - Commercial Suffix (RZ-97-3), a
variance from KCC 15.07.060 (0) to eliminate side yard landscaping along three
street frontages (#V-97-4), and a Shoreline Variance from Section 6.9(3) of the
Shoreline Master Program to allow a 35-foot reduction in the required 50-foot.
landscape screen of the parking area along the western property line (#SMV-97-2).
C. Shoreline Master Program
The environmental designation from this site under the Shoreline Master Program
is "Urban". The objective of the Urban environment is to ensure optimum utilization
of shorelines within urbanized areas, and typically includes high-intensity land uses
including residential, commercial and industrial development. The applicant has .
applied for a Shoreline Substantial Development Permit.
As mentioned above, the applicant also is requesting a Shoreline Variance from
Section 6.9(3) of the Shoreline Master Program to allow a 35-foot reduction in the
required 50-foot landscape screen of the parking area along the western property line.
IV. CONCLUSIONS
A. Standards and criteria for Ming a request for rezone with additional criteria for
rezoning to M1-C (#RZ-97-3)
Section 15.09.050(C)of the Kent Zoning Code states, "The following standards and
criteria shall be used by the hearing examiner and city council to evaluate a request
for rezone. Such an amendment shall only be granted if the city council determines
that the request is consistent with these standards and criteria...":
1. The proposed rezone is consistent with the comprehensive plan.
Planning Department Comment:
See III(A), above.
2. The proposed rezone and subsequent development of the site would be
compatible with development in the vicinity.
5
Staff Report -
Stonebrook Suites
#RZ-97-3, #V-97-4, and #SMV-97-2
Planning Department Comment:
The applicant states, "The proposed Stonebrook Suites Hotel will be compatible with
the varied existing uses in the vicinity of the site. The 2-story structures will be
generally smaller in bulk and scale than the larger concrete office and industrial
buildings in the vicinity. The hotel is intended to provide a supporting service to the
businesses in the Kent/Tukwila valley. The location next to the West Valley
Highway (SR-181) will provide the necessary exposure and the desirable vehicular
connection-to a major transportation link..." Staff agrees with the applicant's
statement.
3. The proposed rezone will not unduly burden the transportation system in the
vicinity of the property with significant adverse impacts which cannot be
mitigated.
Planning Department Comment:
Mitigation of impacts to the traffic system were considered during environmental
review of the proposal.
4. Circumstances have changed substantially since the establishment of the
current zoning district to warrant the proposed rezone.
Planning Department Comment:
As stated on page 80 of the West Valley Industrial Study, "...The nature of Kent's
industrial base is changing as it matures...Today's development pattern is more
mixed. Service-type industries and office uses represent a larger and larger share of
development proposals. A demand for retail and personal service uses has also
resulted from the tremendous influx of employees into the City's industrial area...".
5. The proposed rezone will not adversely affect the health, safety and general
welfare of the citizens of the city.
Planning Department Comment:
The proposed rezone will not adversely affect the health, safety and general welfare
of the citizens of the city. It will offer hotel services in an industrial area of the city.
6
Staff Report
Stonebrook Suites
#RZ-97-3, #V-97-4, and #SMV-97-2
According to Kent City Code Section 15.09.050.1), "The hearing examiner and the
city council shall use the standards and criteria provided in subsection C. of this
section to evaluate a request for rezone to MI-C. In addition, the hearing examiner
and city council shall evaluate a request for MI-C on the basis of the following
standards and criteria. Such an amendment shall only be granted if the city council
determines the request is consistent with these standards and criteria."
1. The proposed rezone is in close proximity or contiguous to major arterial
intersections identified on the comprehensive plan map as being appropriate
locations for commercial type land uses.
Planning Department Comment:
The intersection of West Valley Highway and South 180th Street has been
identified by the comprehensive plan as an appropriate location for
commercial type land uses.
2. Rezoning to MI-C shall not be speculative in nature, but shall be based on
generalized development plans and uses.
Planning Department Comment:
The developer is proposing a Stonebrook Suites hotel at the site.
B. Criteria for Granting a Variance from the Kent Zoning Code#V-97-41:
Section 15.09.040.C. of the Kent Zoning Code states, "Before any variance may be
granted, it shall be shown and the Hearing Examiner shall find that:
1. The variance shall not constitute a grant of special privileges inconsistent
with a limitation upon uses of other properties in the vicinity and zone in
which the property on behalf of which the application was filed is located;
Planning Department Comment:
The applicant states, "...At present, the applicant has no plans for development(sic)
in this area. Per the City's request;the applicant is currently pursuing(sic) a possible
street vacation of S. 181st Street and 71st Street South. It is unlikely that this area
will ever be developed as a part of the proposed Stonebrook Suites Hotel and it may
" be parceled off and developed with a different use." Because of this, the applicant
7
Staff Report
Stonebrook Suites
4RZ-97-3, #V-97-4, and 4SMV-97-2
is requesting a variance from the landscaping requirements for the side yards located
along 71 st Avenue South, S. 180th Street, and the northerly 246 feet of
72nd Avenue South.
Granting a variance at this time from the landscaping requirement in the undeveloped
portion of the site would not be a grant of special privilege provided that the
applicant provides the 15-foot "side yard" landscaping between the developed and
undeveloped portion of the site. A condition of approval would require the 15-foot
landscaping should the area be developed in the fixture. Granting a variance to
accommodate no landscaping whatsoever along 71 st Avenue S., S. 180th Street, and
the northerly 246 feet of 72nd Avenue South would be inconsistent with conditions
imposed on other properties in the vicinity and zone in which the subject site is
located.
2. Such a variance is necessary, because of special circumstances relating to the
size, shape,topography, location or surroundings of the subject property, to
provide it with use rights and privileges permitted to other properties in the
vicinity and in the zone in which the subject property is located;"
Planning De^artmenr [ ommenV
The applicant states, "This "flag' portion of the parcel is extremely narrow(approx.
125 feet)..." As stated in No. 1, above, the applicant states they have no plans for
development in this area, and are pursuing a street vacation of S. 181 st Street. The
proposed site is unique in that it is surrounded by six streets, is a panhandle or "flag'
at its northern border, and also is part of the shoreline area subject to the Shoreline
Master Program. Although restrained, it appears future development of the "flag"
portion could accommodate some landscaping. No variance should be granted to
eliminate landscaping in this area prior to evaluating future development. A deferral
of landscaping is acceptable to staff with the condition of approval noted below.
C. The granting of such variance will not be materially detrimental to the public
welfare or injurious to the property or improvements in the vicinity and zone
in which the subject property is situated.
plannino Depar =nt C M MO-1
No material detriment to the public welfare or injury to the property or improvements
in the vicinity and zone are apparent with the recommended condition of approval
and provided the landscaping along the "flag' portion is a deferral only.
8
Staff Report
M. Stonebrook Suites
#RZ-97-3, #V-97-4, and #SMV-97-2
C. Criteria for Grantine a Variance from the Kent Shoreline Master Program
(#SMV-97-21:
According to Shoreline Master Program Section 7.6.3, variance permits may be
authorized provided the applicant can demonstrate all of the following:
1. That the strict requirements of the bulk, dimensional, or performance
standards set forth in the Master Program preclude or significantly interfere
with a reasonable use of the property not otherwise prohibited by the Master
Program.
Planning Department Comment:
Strict application of the performance standards of the Shoreline Master Program
would significantly interfere with a reasonable use of the property not otherwise
prohibited by the Master Program. Parking facilities are allowed within 100 feet of
the shoreline. The applicant states, "...The 50 foot landscape buffer would require
the parking to be located approximately 170 feet from the river whereas the required
setback is 100 feet and the property is across the 5-lane West Valley Highway from
the Green River...".
2. That the hardship described above is specifically related to the property, and
is the result of unique conditions such as irregular lot shape, size or natural
features and the application of the Master Program, and not, for example,
from deed restrictions or the applicant's own actions.
Planning Department Comment:
As stated by the applicant, West Valley Highway, a five-lane major arterial,
intervenes between the site and the Green River. This arterial minimizes the ability
to preserve the natural character of the shoreline. The applicant further states,
"...Strict application of the building setbacks from the bounding six streets would
mean over 40 percent of the site could not be developed; whereas other properties in
the vicinity are developed with the setbacks requested in this proposal. No portion
of the proposed buildings will be within the 200 foot shoreline zone. Any screening
would do little for the shoreline area since the Highway is between the property and
the river...". Staff agrees with the applicant's statement.
The Kent Parks Administration commented it would be appropriate for the
owner/developer to provide mitigation funds for loss of the buffer along the Green
9
Staff Report
Stonebrook Suites
#RZ-97-3, #V-97-4, and #SMV-97-2
River. The mitigation funds would be used for tree and shrub planting elsewhere in
the Green River Greenbelt. It is staff s determination that even a 50-foot buffer
screening would not provide a buffer for the Green River because of its location
across West Valley Highway. Thus,no such mitigation for less than a 50-foot buffer
would be appropriate.
3. That the design of the project will be compatible with other permitted
activities in the area and will not cause adverse effects to adjacent properties
or the shoreline environment.
Planning Department omment_
The site is surrounded by a mix of commercial, office, and industrial uses. Thus, the
proposed development will likely be compatible with surrounding uses.
4. That the variance permit will not constitute a grant of special privilege not
enjoyed by the other properties in the area, and will be the minimum
necessary to afford relief.
Planning Department ('omment:
The variance will not be a grant of special privilege because of its unique
surroundings by six streets, including a five-lane major arterial. The variance is the
minimum necessary for the function and integrity of the facility.
5. That the public interest will suffer no substantial detrimental effect.
Planning Department Comment
No substantial detrimental effect from the proposal is apparent.
6. Consider the cumulative impacts of additional requests for like actions in the
area. The total of the variances should also remain consistent with the
policies of ch. 90.58 RCW and should not produce substantial adverse effects
on the shoreline environment.
Planning Department Comment:
Because of the location and surroundings of the subject site, and given similar
conditions for future requests for variance, the proposals cumulatively would be
10
Staff Report
Stonebrook Suites
#RZ-97-3, #V-97-4, and #SMV-97-2
consistent with the policies set forth in RCW 90.58.020. RCW 90.58.020 states in
part, "...It is the policy of the state to provide for the management of other shorelines
of the state by planning for and fostering all reasonable and appropriate uses. This
policy is designed to insure the development of these shorelines in a manner which,
while allowing for limited reduction of rights of the public in the navigable waters,
will promote and enhance the public interest. This policy contemplates protecting
against adverse effects to the public health, the land and its vegetation and wildlife,
and the waters of the state and their aquatic life, while protecting generally public
rights of navigation and corollary rights incidental thereto..."
V. STAFF RECOMMENDATION
Upon review of the merits of these requests and the Code standards and criteria for granting
a rezone, Zoning Code and Shoreline Master Program variances, the staff recommends
APPROVAL of Stonebrook Suites rezone#RZ-97-3 and variances#V-97-4 and#SMV-97-2
subject to the following conditions:
1. No cutting, damage, or removal of trees over four inches in caliper is permitted prior
to the submittal to and approval by the Kent Planning Department of a site-specific
tree plan and mitigation proposal per Shoreline Master Program 5.3 (3).
2. The developer/owner shall provide at least one pedestrian walkway from the
buildings directly to 72nd Avenue South and one to S. 181st Street/71st Avenue
South to facilitate access to public sidewalks and the Green River shoreline.
3. The developer/owner shall provide a minimum 15 feet of Type III landscaping
between the developed and proposed undeveloped portions of the site. Landscaping
in the "flag' portion of the lot is merely deferred at this time. Should there be future
development of the proposed undeveloped portion of the site, the developer/owner
shall comply with the landscaping requirements of the Kent Zoning Code in effect
at the time of development.
KENT PLANNING DEPARTMENT
September 23, 1997
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APPLICATION NAME: Stonebrook Suites
NUMBER: #RZ-97-3,#V-97-4,#SMV-97-2 DATE: October 1 , 1997
R' JUEST: Rezone,Variance,Shoreline Variance LEGEND A
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City of Kent- Planning Department
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APPLICATION NAME: Stonebrook Suites '
NUMBER: #RZ-97-3,#V-97-4,#SMV-97-2 DATE: October 1 , 1997
Rl,,.,,IUEST: Rezone,Variance,Shoreline Variance AND
Application site A.
Zoning/Topography Zoning boundary
City limits
........
Kent City Council Meeting
Date November 18 , 1997
Category Other Business
1. SUBJECT: OLD NAPA STORE REZONE RZ-97-2
2 . SUMMARY STATEMENT: The Hearing Examiner has recommended
approval of an application to rezone approximately 13 , 632
square feet of property from NCC, Neighborhood Community
Commercial, to CC, Community Commercial. The property is
located at 24728 36th Avenue S.
3 . EXHIBITS: Staff report and Findings and Recommendations
4 . RECOMMENDED BY: Hearing Examiner
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember AJ1,1 moves, Councilmember seconds
to accept/re_j ct_j ed4:fy the Findings of the Hearing Examiner,
and to adopt/rejact4med±fy the Hearing Examiners recommenda-
tion of approval of the Old Napa Store Rezone and to direct
the City Attorney to prepare the necessary ordinance.
DISCUSSION•
ACTION•
Council Agenda
Item No. 4C
CITY Of
Jim White, Mayor
Planning Department (253)859-3390/FAX(253)850-2544
James P. Harris, Planning Director
KENT PLANNING DEPARTMENT
(253) 859-3390
STAFF REPORT FOR HEARING EXAMINER
MEETING OF OCTOBER 1, 1997
FILE NO: - OLD NAPA STORE #RZ-97-2
APPLICANT: Jason Hong
REOUEST: A request to rezone approximately 13,632 square feet of
property located at 24728 36th Avenue South(Military Road)
from NCC,Neighborhood Convenience Commercial, to CC,
Community Commercial.
STAFF
REPRESENTATIVE: Kevin ONeill, Senior Planner
STAFF
RECOMMENDATION: Approval
I. GENERAL INFORMATION
A. Description of the Proposal
The applicant proposes to rezone approximately 13,632 square feet of property
from NCC, Neighborhood Convenience Commercial, to CC, Community
Commercial.
B. Location
The subject property is located at 24728 36th Avenue South (Military Road).
1
2204th AVENUE SOUTH / KENT.WASHINGTON 98032-5895/TELEPHONE (253)859-33011
Staff Report
Old Napa Store
#RZ-97-2
C. Si enertv
The subject property consists of approximately 13,632 square feet.
D. Zoning
The property to the north of the subject property is zoned NCC and CC. The
property to the south and east of the subject property is zoned NCC. The property
to the west of the subject property, on the west side of 36th Avenue South, is zoned
SR-6 (single-family residential, 6.05 units per acre).
E. LamLUM
There is currently a vacant commercial building and an asphalt parking lot located
on the subject property. The previous use of the building was an automobile parts
store. Directly to the north of the site is an automobile repair garage. To the north
of the auto repair use and to the northeast of the subject site is a small shopping
center (West Hill Plaza). The parcels to the east and south of the site are vacant
parcels owned by the City of Kent, which will be developed as Kronisch Park.
Further to the east is the National Guard Armory and Sunnycrest Elementary school.
The land uses to the west and further to the south are single-family residential. There
is also a large day care center located to the south of the site.
F. Histo
The subject property was annexed to the City of Kent as part of a 1100 acre
annexation which was adopted in 1958 under Ordinance No. 984. The present NCC
zoning was applied in 1973 as a result of the city-wide zoning project. In December,
1995,two parcels to the north of the subject property were rezoned from NCC to CC
(Ordinance No. 3267). This site is the location of the West Hill Plaza shopping
center.
II. ENVIRONMENTAL CONSIDERATIONS
A. Fnvirorimental Assessment
A Determination of Nonsignificance(DNS) (#ENV-97-51) for.the rezone proposal
was issued on September 8, 1997.
2
Staff Report
Old Napa Store
#RZ-97-2
B. Significant Physical Features
Topography and Vegetation
The site is currently developed with a commercial building and an asphalt parking
lot. There is no vegetation on the site. The site is level, with a slope of less than five
percent.
C. Significant Social Features
I Street System
The subject property is located adjacent to 36th Avenue South, also known
as Military Road. This street is classified as a minor arterial street. The
street has a public right-of-way width of 60 feet, approximately 52 feet of
which is paved. The average daily traffic count on 36th Avenue South is
approximately 10,000 vehicle trips per day.
2. Water System
The subject property is served with water by the City of Kent. There is an fl-
inch water line 36th Avenue South adjacent to the property.
3, Sanitga Sewer System
The subject property is served with sanitary sewer by the City of Kent. There
is a 10-inch line in 36th Avenue South located to the south of the subject
property with a manhole at the intersection of 36th Avenue South and South
248th Street which the subject property connects to for service.
4. Stormwater System
The existing commercial building was constructed in the late 1960's, prior to
the adoption of Kent's on-site detention requirements. Upgrades to the
stomiwater system may be required at such time as the site is redeveloped or
occupied by a different use.
3
Staff Report
Old Napa Store
#RZ-97-2
5. I I s
No Local Improvement Districts exist at this time.
6. Parks
Kronisch Park is located immediately to the south and east of the subject
property. The park at this point is undeveloped. The Parks Department plans
to construct tennis court on the property to the east, while the parcel to the
south will have a pedestrian path with landscaping. According to the Parks
Department capital facilities plan,the park will be developed within the next
six years.
III. CONSULTED DEPARTMENTS AND AGENCIES
The following departments and agencies were advised of this application:
City Administrator City Attorney
Director of Public Works Chief of Police
Parks & Recreation Director Fire Chief
Building Official City Clerk
In addition to the above, all persons owning property which lies within 200 feet of the site
were notified of the application and of the public hearing.
Staff comments have been incorporated in the staff report where applicable.
IV. PLANNING DEPARTMENT REVIEW
A. Co= -hensive Plan
In 1995, the Kent City Council adopted the Kent Comprehensive Plan, which
represented a complete revision to the City's 1977 comprehensive plan. The 1995
plan was prepared under the provisions of the Washington State Growth
Management Act. The Comprehensive Plan,through its goals and policies,presents
a clear expression of the City's vision of growth for citizens, the development
community, and other public agencies. The plan is used by the Mayor,City Council,
Land Use and Planning Board, Hearing Examiner, and City departments to guide
4
Staff Report
Old Napa Store
#RZ-97-2
decisions on amendments to the City's zoning code and other development
regulations, which must be consistent with the plan, and also guide decisions
regarding the funding and location of capital improvement projects.
LAND USE ELEMENT
The Land Use Element of the plan contains a Land Use Plan Map, which designates
the type and intensity of land uses throughout the city, as well as in the entire
potential annexation area. The Land Use Plan Map designates the subject property
as Commercial . The Land Use Element also contains goals and policies relating to
the location, density, and design of future development in the City and in the
Potential Annexation Area.
goLl LU-12: Promote orderly and efficient commercial growth within the existing
commercial districts in order to maintain and strengthen existing
commercial districts,to minimize costs associated with extension of
facilities, and to allow businesses to benefit from their proximity to
one another.
Policy L•U-12.3: Develop regulatory incentives to encourage infill
development in existing commercial areas.
Regulatory incentives may include urban, mixed use
zoning and higher-density zones, planned unit
developments, transfer of density credits, and
streamlined permit processes.
Goal LU-13: Determine the size, function, and mix of uses in the City's
commercial districts based on regional, community, and
neighborhood needs.
Policy LU- 13.6_ Ensure that commercial and mixed use developments
adjacent to existing single-family residential areas are
compatible in height and scale. Establish guidelines
for design of edges where commercial and mixed uses
abut single-family use and medium- and low- density
residential.
5
Staff Report
Old Napa Store
#RZ-97-2
}Manning Department Comment:
As mentioned,the Land Use Plan Element in the Comprehensive Plan designates the
subject property, and surrounding property, as Commercial. There is a
Neighborhood Services designation in the comprehensive plan land use map, but it
was not applied to this property nor any of the surrounding properties. Furthermore,
the purpose language of the Community Commercial zoning district states that the
district shall only apply to such commercial districts as designated in the city
comprehensive plan". Therefore, it appears that a zoning designation of CC is
consistent with the comprehensive plan designation for the site. Also,-the policies
in the plan discuss enhancing infill opportunities for commercially zoned land, which
would be easier accomplished with the CC zoning designation, which allows more
uses than the existing NCC designation.
ECONOMIC DEVFt OPMENT ELEMENT
pal D-3: Promote commercial development to provide employment for citizens
and services for residents, and maintain Kent's position as an
economic center in South King County.
Policy ED-3.6: Increase opportunities for walking between
commercial development and residential
neighborhoods.
Planning Department Comment
The applicant states that he has had a difficult time leasing the existing building
under the provisions of the NCC zone, as evidenced by the vacant status of the
building. A rezone to CC will enhance the ability of this site to generate employment
and commercial services for the surrounding area. Also, as noted,this site is located
in fairly close proximity to residential areas, which can increase opportunities for
walking between commercial uses and residential uses.
B. Standards and Criteria for a Rezone Request
The following standards and criteria(Kent Zoning Code, Section 15.09.050)are used
by the Hearing Examiner and City Council to evaluate a request for a rezone. Such
6
Staff Report
Old Napa Store
#RZ-97-2
an amendment shall only be granted if the City Council determines that the request
is consistent with these standards and criteria.
1. The proposed rezone is consistent with the Comprehensive Plan.
Planning Department Comment
As stated previously, the subject property and the other sites adjacent are designated
as commercial on.the. comprehensive plan land use plan map. In addition, the
proposed rezone appears to be consistent with the goals and policies with regard to
commercial development which are listed in the Land Use and Economic
Development Elements of the plan. Policy statements encourage infill development
in already existing commercial areas, which would be enhanced by the proposed
rezone.
2. The proposed rezone and subsequent development of the site would be
compatible with development in the vicinity.
Planning Department Comment
As discussed previously,the West Hill Plaza site to the north of the subject property
was rezoned to CC in 1995. The policies in the comprehensive plan discuss ensuring
that commercial development is compatible with the height and scale of surrounding
residential development. Even though the proposed CC zone would allow a wider
range of uses than the existing NCC zone, the development standards regulating
height, setback, etc. are identical in both zoning districts. Furthermore, existing
residential uses to the south and southeast of the site would be buffered by the
development of Kronisch Park.
3. The proposed rezone will not unduly burden the transportation system in the
vicinity of the property with significant adverse impacts which cannot be
mitigated.
Planning Department Comment
The site has access to 36th Avenue South, which is a fully improved street with
sidewalks, curb and gutter,and street lighting. The site has been used in the past as
7
Staff Report -
Old Napa Store
#RZ-97-2
a commercial use, as have adjacent properties, and the street is designed to handle
traffic volumes associated with commercial development.
4. Circumstances have changed substantially since the establishment of the
current zoning district to warrant the proposed rezone.
Planning Department Comment
In 1990, the State-Legislature adopted the Growth Management Act (GMA). In
1995,the City Council adopted the City's new Comprehensive Plan, done under the
provisions of the GMA. When the City Council adopted the plan, they designated
the site and areas adjacent to it as commercial, which, as has been stated, supports a
zoning designation of CC. In addition, the site to the north of the subject property
was rezoned to CC in December, 1995, after adoption of the comprehensive plan.
As was previously stated, the zoning designation in this general area of NCC was
done as part of a city-wide zoning map adopted in 1973. This area has developed as
the only neighborhood commercial area in West Hill. The purpose language of the
NCC zoning district states that the purpose of the zone is to "provide small nodal
areas (emphasis added) for retail and personal service activities convenient to
residential areas and to provide ready access to everyday convenience goods for
residents of such neighborhoods." The purpose language of the CC zone states that
the purpose of this district is to "provide areas for limited commercial activities that
serve several residential neighborhoods". Arguably, this area meets the purpose
language of both zones. However, the fact that this area is the only commercial node
for a large portion of West Hill (and thus seems to serve several residential
neighborhoods), combined with the fact that the continued vacancy of the building
indicates a problem with the limited nature of the uses allowed in the NCC zone,
seems to justify a rezone to the CC zoning district.
5. The proposed rezone will not adversely affect the health, safety and general
welfare of the citizens of the City of Kent.
Plannine D�nt Comment
The proposed rezone of this site should not have an adverse effect on the public
health, safety, or general welfare of area residents,particularly given the fact that the
site has been used for commercial uses in the past.
8
Staff Report
Old Napa Store
#RZ-97-2
V. CITY STAFF RECOMMENDATION
Upon review of the merits of this request and the Code criteria for granting a rezone,the City
staff recommends APPROVAL of the Old Napa Store Rezone request.
KENT PLANNING DEPARTMENT
September 23, 1997
U:\CHRIS\RZ972.RPT
9
CITY Of
Jim White, Mayor
Planning Department (253) 8 5 9-3 3 901FAX(253) 850-2544
James P.Harris, Planning Director
OFFICE OF THE LAND USE HEARING EXAMINER
(253) 859-3390 Theodore P.Hunter
Hearing Examiner
FINDINGS, CONCLUSIONS AND RECOMMENDATION
FILE NO: OLD NAPA STORE #RZ-97-2
APPLICANT: Jason Hong
R QUEST: A request to rezone approximately 13,632 square feet of property from NCC,
Neighborhood Community Commercial, to CC, Community Commercial.
LD ATION: The property is located at 24728 36th Avenue S.
APPLICATION FILED: August 6, 1997
DETERMINATION OF
NONSIGNIFICANCE ISSUED: September 8, 1997
MEETING DATE: October 1, 1997
RECOMMENDATION ISSUED: October 15, 1997
RECOMMENDATION: APPROVAL
STAFF REPRESENTATIVE: Kevin ONeill, Planning Department
PUBLIC IC TESTIMONY: Jason Hong
WRITTEN TESTIMONY: None
EXHIBITS 1. Hearing Examiner file containing the application,
public notice and staff report.
1
220 41h AVENUE SOUTH / KENT.W ASHINGTON 98032-5895 1 TELEPHONE (253)859-3300
Hearing Examiner Findings and Recommendation
Old Napa Store
#RZ-97-2
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
l. An application for a rezone from "NCC" (Neighborhood Convenience Commercial)to "CC"
(Community Commercial)was filed on August 6, 1997. The property proposed for a rezone
is located at 24728 36th Avenue South (Military Road). The subject property is 13,632
square feet. A vacant commercial building and an asphalt parking lot exist on the site.
Exhibit 1, Application; Exhibit 1, Staff Report.
2. The proposed rezone will allow for a wider range of uses on the site. The applicant is unable
to lease the existing building in the current zoning district. The applicant would like to be
able to lease the building as office space for law offices which are prohibited in the current
zone, but permitted in the proposed zone. Exhibit 1, Application; Exhibit 1, Staff Report;
Testimony of Mr. Hong.
3. Properties to the north of the subject property are zoned NCC and CC. Properties to the
south and east of the subject property are zoned NCC. Properties to the west of the subject
property,on the west side of 36th Avenue South,are zoned SR-6(Single Family Residential,
6 units per acre). An automobile repair garage is located to the north of the subject property.
A small shopping center(West Hill Plaza)exists to the north of the auto repair garage and
to the northeast of the subject property. The properties to the east and south of the subject
property are vacant parcels owned by the City of Kent,which will be developed as Kronisch
Park. The properties further south,across the park parcel, and to the west are single-family
residential developments. Exhibit 1, Staff Report.
4. The subject property was annexed to the City of Kent as part of an 1100 acre annexation in
1958 under Ordinance No. 984. The 1995 Kent Comprehensive Plan designates the subject
property as Commercial. The proposed CC zoning designation is consistent with the
Comprehensive Plan designation for the site. The Comprehensive Plan promotes orderly and
efficient commercial growth within existing commercial districts including encouraging infill
by regulatory incentives, which may include"urban,mixed use zoning and higher-density
zones." The infill will be more easily accomplished in the proposed CC zoning district,
which allows a greater range of uses than does the existing NCC zone. Furthermore, the
commercial node serves a large portion of West Hill, including several residential
neighborhoods,which is consistent with the purpose of the CC zone. Exhibit 1, Staff Report.
2
Hearing Examiner Findings and Recommendation
Old Napa Store
#RZ-97-2
5. A significant difference between the CC and NCC zoning districts is permitting drive-
through restaurants, a use usually perceived as detrimental to neighboring residential
developments. Drive-through restaurants, which are prohibited in the NCC zone, are
permitted in the CC zone. The subject property does not contain adequate size to
accommodate a drive-through restaurant. No other permitted uses in the CC zone would
have a detrimental impact on the nearby residential properties. Exhibit 1, Staff Report;
Testimony of Mr. O'Neill.
6. The development standards are identical in the existing and proposed zones. The existing
building will be retained. No plans exist to extend the existing building in any way. The
building will remain compatible in height and scale with the nearby residential areas. The
nearby residential districts will also be buffered by the development of Kronisch Park.
Exhibit 1, Application; Exhibit 1, Staff Report.
7. The site is accessed from 36th Avenue South, which is fully improved with sidewalks, curb
and gutter, and street lighting. The use of the site in the past has been commercial as are the
adjacent uses. The street is designed to handle the traffic volumes associated with
commercial developments. The number of trips generated by the rezone will be minimal and
is expected to have an insignificant effect on the transportation system. Exhibit 1,
Application; Exhibit 1, Staff Report.
8. In 1990, the State Legislature adopted the Growth Management Act(GMA). In 1995, the
City Council adopted the new Comprehensive Plan,done under the provisions of the GMA.
The Comprehensive Plan supports the zoning designation of CC. Furthermore, the site to
the north of the subject property, the West Hill Plaza shopping center, was rezoned CC in
December, 1995, after the adoption of the Comprehensive Plan. Exhibit 1, Staff Report.
9. The City was designated as lead agency for review of environmental impacts. A
Determination ofNonsignificance(DNS)was issued for this proposal on September 8, 1997.
No appeals were filed and the DNS was made final on September 23, 1997. Exhibit 1, DNS.
10. A public hearing was held on this application on October 1, 1997. Notice of the public
hearing was posted on the site,published in the newspaper and mailed to persons living near
the site. Exhibit 1, Affidavits of Notice. The public hearing was attended by a representative
of the City and the applicant. The City presented a recommendation to approve the rezone
request with no conditions. Exhibit 1, Staff Report; Testimony of Mr. O'Neill. The applicant
presented testimony in support of the rezone request. Testimony of Mr. Hong. No one
testified or submitted any evidence against the rezone request nor did anyone raise any
concerns or questions about the rezone request at the public hearing. All testimony and
w evidence presented prior to and during the public hearing supported approval of the rezone
request.
3
Hearing Examiner Findings and Recommendation
Old Napa Store
#RZ-97-2
CONCLUSIONS
Jurisdiction and Authority
The Hearing Examiner has jurisdiction to hold a public hearing on this quasi-judicial rezone, and to
issue a written recommendation for final action to the Council, pursuant to RCW 35A.63.170 and
Chapters 2.32 and 15.09 of the Kent City Code.
Criteria for Review
Section 15.09.050(A)(3)of the Kent Zoning Code sets forth the standards and criteria the Examiner
must use to evaluate a request for a rezone. A request for a rezone shall only be granted if:
1. The proposed rezone is consistent with the Comprehensive Plan;
2. The proposed rezone and subsequent development of the site would be compatible with
development in the vicinity;
3. The proposed rezone will not unduly burden the transportation system in the vicinity of the
property with significant adverse impacts which cannot be mitigated;
4. Circumstances have changed substantially since the establishment of the current zoning
district to warrant the proposed rezone;
5. The proposed rezone will not adversely affect the health, safety, and general welfare of the
citizens of the City of Kent.
Based on the Findings specified above,the Examiner makes'the following conclusions:
Conclusions Based on Findings
1. The proposed rezone is consistent with the both the City Comprehensive Plan Map and
Policies.
The designation of Commercial on the Comprehensive Plan map indicates the proposed
rezone is consistent with the vision of the future adopted by the City Council. A
Neighborhood Services designation exists in the Comprehensive Plan,which was not applied
to the subject property. Finding of Fact No. 4.
1.2 The Examiner must consider the policies of the Comprehensive Plan as well as the map
designations. The Comprehensive Plan includes written policies to encourage orderly and
4
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Hearing Examiner Findings and Recommendation
Old Napa Store
#RZ-97-2
efficient commercial growth within existing commercial districts including encouraging infill
by regulatory incentives. The ill will be more easily accomplished in the proposed CC
zoning district, which allows a greater range of uses than does the existing NCC zone. The
commercial node,in which the subject property is located,also serves a large portion of West
Hill,including several residential neighborhoods,which is consistent with the purpose of the
CC zone. The proposed rezone is consistent with all applicable policies of the
Comprehensive Plan. Findings of Fact No.2 and 4.
2. The potential uses in the existing development associated with the rezone proposal will
be compatible with the existing development in the vicinity of the proposed rezone. The
proposed rezone is in an area that has been developed commercial uses. Properties to the
north have been rezoned to CC zoning district. The proposed rezone would be consistent
with this surrounding development by allowing a wider range of commercial uses to lease
the existing building. The size of the parcel is too small to permit a drive-through restaurant,
a use incompatible with the existing residential development. The type of development
authorized under the proposed zone is just as compatible with the existing development than
is the type of development authorized under the current zone. Findings of Fact No. 3, 3, 7
and 8.
3. The proposed rezone would not unduly burden the transportation system. Increased
traffic associated with the proposed will be minimal. 36th Avenue South has been
designed to handle commercial traffic such as that generated by the uses authorized in the
proposed rezone. Finding of Fact No.7.
4. Circumstances have changed substantially since the establishment of the existing zone
to warrant the proposed rezone. In 1990, the State Legislature adopted the Growth
Management Act(GMA). In 1995,the City Council adopted the new Comprehensive Plan,
done under the provisions of the GMA. The Comprehensive Plan supports the zoning
designation of CC. Furthermore,the site to the north of the subject property, the West Hill
Plaza shopping center, was rezoned to CC in December, 1995, after the adoption of the
Comprehensive Plan. Finding of Fact No. 8.
5. The proposed rezone would not adversely affect the general welfare of the citizens of
Kent in the area surrounding the proposed rezone. No one presented any evidence of any
nature against this rezone proposal. The Hearing Examiner must conclude that the proposed
rezone would not have any adverse affect on anyone in the area surrounding the rezone.
Finding of Fact No. 10.
5
Hearing Examiner Findings and Recommendation
Old Napa Store
#RZ-97-2
RECOMMENDATION
Based on the above Findings and Conclusions, the Examiner recommends the City Council
APPROVE this request for a rezone without conditions. It is the Examiner's opinion that the rezone
request, as proposed, meets the criteria for approval established by the Council.
Dated this 15th day of October, 1997
Wong
THEODORE PAUL HUNTER
Hearing Examiner
1
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7Z
Kent City Council Meeting
Date November 18 , 1997
Category other Business
1. SUBJECT: CM-2 ZONING DISTRICT REGULATIONS ZCA-97-6
2 . SUMMARY STATEMENT: This date has been set to consider the
Land Use and Planning Board' s recommendation to amend the
Zoning Code, Section 15. 04 . 130(D) , by adding the following
principally permitted use: vehicle impound lots as a condi-
tional use in the CM-2 zoning district. The Land Use and
Planning Board held a public hearing on this matter on
October 27, 1997.
3 . EXHIBITS: Staff report dated 10/19/97 and Land Use and
Planning Board minutes of 10/27/97
4 . RECOMMENDED BY: rand Use and Planning Board
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS•
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
to approve the Kent Zoning Code Amendment ZCA-97-6 as recom-
mended by the Land Use and Planning Board, and to direct the
City Attorney to prepare the necessary ordinance.
DISCUSSION•
ACTION•
Council Agenda
Item No. 4D
CITY OF 1Q1,2— S?
Jim White, Mayor
_VT =::Nr
Planning Department (253)859-3390/FAX(253) 850-?5d4
James P. Harris, Planning Director
October 19, 1997
TO: STEVE DOWELL,CHAIR AND MEMBERS OF THE LAND USE& PLANNING
BOARD
FROM: FRED N. SATTERSTROM, PLANNING MANAGER
RE: PROPOSED REGULATORY REVIEW - CM-2 ZONING DISTRICT
REGULATIONS (#ZCA-97-6)
Background
On June 20, 1997, a regulatory review application was filed with the Kent Planning Department by
Troy Peterson on behalf of Special Interest Auto Works. The proposed code amendment would seek
to add vehicle impound lots as conditional uses in the Commercial Manufacturing (CM-2) zoning
district, Section 15.04.130D.
Analysis
Under current zoning,the storage of vehicles for repair or service is permitted as an accessory use
to an auto repair or auto service facility which functions as the principal use of a lot in the CM-2
zoning district. However, the impounding of vehicles as a principal use is not permitted.
The proposed code amendment would permit impoundment of vehicles (tow yards) as a principal
use but would require a conditional use permit to do so. Hence, public notification and a hearing
before the Hearing Examiner would be required. Through this process, neighboring property owners
would be notified and have an opportunity to comment. In addition, mitigating measures could be
required by the Hearing Examiner to control any effects to neighboring properties, businesses, or
residential uses.
The applicant presently maintains a business(i.e.. Special Interest Auto Works) on Kent's West Hill
near Pacific Highway South at S. 248th Street. The property is presently zoned CM-2. This is the
only property on Kent's West Hill which is zoned CM-2. Therefore, this amendment is considered
--01ih \VIiVI'F.SOUTH \SHI\GTO]ugU}_r5`:'
Proposed Regulatory Review
ZCA-97-6
Page 2
by staff to have little effect in this area. Most of the City's CM-2 zoning is located along South
Central Avenue, from Willis Street to the Green River. The proposed code amendment could result
in a greater number of impound lots in this area, although much of this area is presently developed
with commercial and manufacturing uses. However, with the requirement that impoundment lots
are required to obtain a conditional use permit, much of the adverse effects of these uses could be
controlled through this process.
Recommendation
Staff recommends that the Land Use & Planning Board concur with the proposed code amendment
and recommend to the City Council that Section 15.04.130(D) be changed to add "Vehicle impound
lots" as a conditional use in the CM-2 zoning district.
cc: James P. Harris, Planning Director
2
Land Use and Planning Board Minutes
October 27, 1997
Page 2
Ron Harmon MOVED and Jerry Daman SECONDED a motion to open the Public Hearing.
Motion carried.
#ZCA-97-6 CM-2 ZONING DISTRICT REGULATIONS - (F. Satterstrom)
Planning Manager Fred Satterstrom stated that the Planning Department received a regulatory review
from Special Interest Auto Works requesting a zoning code amendment to allow vehicle
impoundment as a conditional use in the CM-2 zone. Special Interest Auto Works (an automobile
repair business) is located at 248th Street, east of Highway 99. Automobiles are held on site while
waiting to be repaired. Special Interest Auto Works request for an impound lot would allow vehicles
to be impounded,towed,and left on site for an indefinite period of time. Mr. Satterstrom stated that
prospective impound lot applicants must apply for a conditional use permit in CM-2 zoning areas
if the requested amendment is approved.
Mr. Satterstrom stated that CM-2 zoning is located predominately in the valley floor along Central
Avenue South and along Pacific Highway South at the subject site. CM-2 allows general
commercial uses and allows certain heavy commercial and light industrial uses. As a conditional
use, a public hearing would allow the Hearing Examiner an opportunity to mitigate special
circumstances that might arise where an impound lot is adjacent to other types of uses. It would also
require a public hearing and notification of surrounding property owners.
Troy E. Petersen, 24816 Pacific Highway South, Kent, WA as owner of Special Interest Auto
Works stated an impound lot would allow them to store vehicles without the necessity of being
repaired immediately. Special Interest Auto Works is currently providing towing, dispatch service
and parking. Mr. Petersen stated that at this time Special Interest Auto Works must pay other tow
companies to tow cars to their lot. Special Interest Auto Works owns their own trucks and if an
impound lot were approved, this would eliminate unnecessary expense payout to other towing
companies.
Dell W.Johnson, Kent, WA is employed by Special Interest Auto Works. He stated that Special
Interest Auto Works leases a lot outside Kent City limits. He said that only 26 vehicles are stored
on that lot at one time and only for a maximum of two days. He stated that an impound lot is
necessary at the Pacific Highway location in order to allow customers and insurance adjusters the
convenience of looking at vehicles at one lot without the inconvenience of having to transport these
people to another location. According to the Washington State Patrol "a vehicle can not be towed
at a loss" and further defined by Mr. Johnson as `no free tows'. Mr. Johnson stated that it is hard
justifying charging customers to tow their vehicles from the Special Interest Auto Works lot at the
Pacific Highway location to the leased lot.
Ron Harmon MOVED and Brad Bell SECONDED the motion to close the Public Hearing. Motion
carried.
4ZCA-97-6 C.W-2 ZONING DISTRICT REGULATIONS
OZCA-97-70,OFFICE ZONING DISTRICT REGULATIONS
Land Use and Planning Board Minutes
October 27, 1997
Page 3
Ron Harmon MOVED and Tom Brotherton SECONDED a motion to accept#ZCA-97-6 CM-2
Zoning District Regulations as supported by Planning staff. Motion carried unanimously.
ZCA 97 7 O OFFICE ZONING DISTRICT
BB.GULATIONS - (F. Satterstrom)
Mr. Satterstrom stated that the Planning Department received a regulatory review request from
Camilo de Guzman and Lucy Nanola seeking an amendment to the office zoning district regulations.
The request seeks to change the setback for a veterinary clinic in the office zone from" 150 feet from
a residential use"to "150 feet from a residential zone." The word change holds significant meaning
in terms of definition for"uses"versus "zones". Mr. Satterstrom explained that if this amendment
were approved it would mean that if there were a building used as a residence in an existing office
zone, setbacks would not be measured 150 feet from the residence if the property is zoned for office
or commercial; or other non-residential zoning. Mr. Satterstrom further stated if the wording
changes from "use" to "zone" the resulting change would mean the veterinary clinic in the office
zone would have to set back from any residence if the veterinary clinic is located in a residential
zone. Adjacent to the property proposed for the veterinary clinic on East Hill, a single family
dwelling is rented out in a residential use zone. This prohibits a veterinary clinic from being located
on the lot the applicant is proposing.
Mr. Satterstrom stated there are built-in safeguards under existing zoning that would reduce potential
for adverse impacts on adjacent residential uses, such as:.
• Veterinary clinic buildings must be soundproof, minimizing the potential for noise.
• The building must be designed by a licensed acoustical engineer.
• Outdoor dog tuns are not allowed.
• There are no provisions for outdoor animal areas.
Mr. Satterstrom stated that the Planning staff is proposing to change the word"use"to"zone"in Sec.
15.04.150.3 of the Zoning Ordinance as follows: "Veterinary clinics when located no closer than
one hundred fifty(150)feet to any residential zone,providing the animals are housed indoors, with
no outside runs, and the building is soundproofed. Soundproofing must be designed by competent
acoustical engineers."
Tom Brotherton questioned how the setback distance would be determined for the veterinary clinic
if the wording in the Zoning Ordinance changes from"use"to "zone".. Mr. Satterstrom stated that
measurement starts from the property line not from the building. Mr.Brotherton voiced concern that
OZCA-97-6 CAN-7 ZONING DISTRICT REGULA77ONS
MZC4-97-7 O. OFFICE ZONING DISTRICT REGULATIONS
RECE . Z:
JUN 2 0 1997
CITY OF KENT CITY OF KENT
PLANNM DEPARTMENT
REGULATORY REVIEW
The Kant City council has determined that ongoing review of the City's regulatory process is In the
public's best Interest. The Council wants the public to be able to participate In this review. The
outllna on this page Is Intended to give the public an opportunity to write down those things that
they do not like about an ordinance or regulation. The Council will then review the public's comments
and, when appropriate, make changes to ordinances and regulations,
0 What ordinance or regulation do you want the CuUnCil to review?
CM-2 Zoning
0 What is it that bothers you about this ordinance/regulation?
Not being able to get a conditional use permit to impound
vehicles.
0 ::hat changes do you suggest to this ordinance/regulation?
To include impound vehicles as a conditional use in CM-2 zoning.
n What significance to the Community will occur with your proposed change?
This change keeps and maintains a check and balance for city
review. It will allow businesses like mine to flourish and
contribute to the community.
0 What effect, if any, will your proposed change have on related ordinances,
regulations, plans and policies?
None
Should this same situation come up again, it would be reviewed
by the planning department for conditional use per occurrence.
r
C Have you reviewed your concern with a City staff member?
Mayor - Jim White
Planning Director - James Harris
Planning Manager - Fred Satterstrom
0 Do you have any general comments you wish to make (can be about the or-
dinance/regulation you want changed or about anything else to do.with
ordinances/regulations or the permit process)?
A code Amendment is required in the CM-2 Zoning to allov for a
conditional use permit for impound 'vehicles.
NAME CpPCTAf TNTRARCT AtTTn Lnarc --
ADDRESS Z4g16 pa ' + R -g c --t w. aani7
RHONE NO. (751) Sip—s75a G
10/85
.............
Kent City Council Meeting
Date November 18 , 1997
Category Other Business
1. SIIBJECT: OFFICE (0) ZONING DISTRICT REGULATIONS ZCA-97-7
2 . SUMMARY STATEMENT: This date has been set to consider the
Land Use and Planning Board' s recommendation to amend the
Zoning Code, Section 15. 04 . 150A.3 , by modifying the way in
which veterinary clinics are regulated in the Office Zoning
District. The proposed zoning amendment would maintain the
same 150-foot setback but would change the language from
residential "use" to residential "zone". The Land Use and
Planning Board held a public hearing on this matter on
October 27, 1997 .
3 . EXHIBITS: Staff report dated 10/20/97 and Land Use and
Planning Board minutes of 10/27/97
4 . RECOMMENDED BY: Land Use and Planning Board
(Committee, Staff, Examiner, Commission, etc. )
5. UNBU GETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
to approve the Kent Zoning Code Amendment ZCA-97-7 as recom-
mended by the Land Use and Planning Board, and to direct the
City Attorney to prepare the necessary ordinance.
DISCUSSION: P
IC
ACTION:
Council Agenda
Item No. 4E
CITY OF 1'2 3
Jim White, Mayor
�•
Planning epartment (253)359-3390/FAX(253) 850-25a4
James P. Harris, Planning Director
October 20, 1997
TO: STEVE DOWELL, CHAIR,AND LAND USE& PLANNING BOARD MEMBERS
FROM: FRED N. SATTERSTROM, PLANNING MANAGER
RE: PROPOSED REGULATORY REVIEW - AMENDMENT TO OFFICE (0)
ZONING DISTRICT REGULATIONS (4ZCA-97-7)
Background
On July 22, 1997, Camilo de Guzman and Lucy Nanola filed an application for regulatory review
with the Kent Planning Department. Their proposed zoning code amendment would modify the way
in which veterinary clinics are regulated in the Office zoning district. According to existing Office
zone regulations,veterinary clinics are required to be located no closer than 150-feet from residential
uses. The proposed zoning amendment would maintain the same 150-foot setback but would change
the language from residential "use" to residential "zone".
The City Council Planning Committee reviewed this proposed zoning code amendment on August
19, 1997 and sent it to the Land Use & Planning Board for consideration. This matter was then
discussed at the Planning Board's October 13, 1997 workshop where it was forwarded for hearing
by the Board at its regular October 27, 1997 meeting.
alv i
Veterinary clinics in the Office zoning district are regulated by KCC Section 15.04.150A.3. a copy
of which is attached. In addition to a 150-foot setback from residential uses, veterinary clinics are
also required to be soundproofed and,all animals are required to be housed indoors; no outside runs
or other facilities are permitted. These provisions are intended to reduce the likelihood of adverse
impacts to residential areas.
The applicant has identified a prospective site for a veterinary clinic on Kent's East Hill which is
zoned Office (0). A residence exists nearby (i.e.. within 150-feet) that is also zoned Office. The
I
Fm I:sm rH / KENT.\V XSHI\(;FON 9S1I,' 'N'�4 Tb:Lb:pHUNh:
Proposed Regulatory Review
ZCA-97-7
Page 2
land use in this area is in a transition from residential to commercialloffice and, the long-term use
of the area will be non-residential. Residential zoning occurs in the general area to the east of the
site, but is beyond 150-feet setback requirement.
In light of the existing soundproofing requirement of clinic buildings and the prohibition on outdoor
facilities for animals, adverse impacts to residential uses are minimized. Together with the 150-foot
setback from residential "zones," as proposed by the applicant for regulatory review, staff feels there
will be adequate safeguards to protect residential properties from any adverse impacts of veterinary
clinics.
Staff Recommendation
Staff recommends the Land Use & Planning Board concur with the proposed regulatory review
request and recommend to the City Council that KCC Section 15.04.150A.3 be modified as follows:
3. Veterinary clinics when located no closer than one hundred fifty (150)feet to any
residential zone•providing the animals are housed indoors, with no outside runs, and
the building is soundproofed Soundproofing must be designed by competent
acoustical engineers.
cc: James P. Harris, Planning Director
P:UDMININANOUZCA
CITY OF J IPT
Jim White, Mayor
Planning Department (253) 859-3390/FAX(253) 850-2544
James P.Harris,Planning Director
LAND USE & PLANNING BOARD MINUTES
Public Hearing
October 27, 1997
The meeting of the Kent Land Use and Planning Board was called to order by Vice Chair Brad Bell
at 7:05 p.m. on October 27, 1997, in Council Chambers of Kent City Hall.
LAND USE & PLANNING BOARD MEMBERS PRESENT:
Brad Bell, Vice Chair
Tom Brotherton
Jerry Daman
Ron Harmon
Sharon Woodford
LAND USE & PLANNING BOARD MEMBERS ABSENT:
Steve Dowell, Chair
David Malik
PLANNING STAFF MEMBERS PRESENT:
James Harris, Planning Director
Fred Satterstrom, Planning Manager
Pamela Mottram, Administrative Secretary
APPROVAL OF MINUTES
Board member Ron Harmon MOVED and Tom Brotherton SECONDED a motion to approve the
September 22, 1997 minutes. The motion carried.
ADDED D ITEMS TO THE AGENDA
None.
r-OM34MCATIONS_
None.
NOTICE OF UPCOMING MEETINGS
The City Council Planning Committee will hold a meeting November 18, 1997 at 3:30 p.m. to
discuss the Downtown Plan.
4ZCA-97-6 C,N 1 ZONING DISTRICT REGULATIONS
#ZCA-97-7 O. OFFICE ZONING DISTRICT REGULATIONS
2204ih AVENUE SOUTH I KENT.WASHINGTON 98032-5895/TELEPHONE (253)859-33(8)
Land Use and Planning Board Minutes
October 27, 1997
Page 2
Ron Harmon MOVED and Jerry Daman SECONDED a motion to open the Public Hearing.
Motion carried.
#ZCA 97 6 CM-2 ZONING DISTRICT REGULATIONS - (F. Satterstrom)
Planning Manager Fred Satterstrom stated that the Planning Department received a regulatory review
from Special Interest Auto Works requesting a zoning code amendment to allow vehicle
impoundment as a conditional use in the CM-2 zone. Special Interest Auto Works (an automobile
repair business) is located at 248th Street, east of Highway 99. Automobiles are held on site while
waiting to be repaired. Special Interest Auto Works request for an impound lot would allow vehicles
to be impounded, towed, and left on site for an indefinite period of time. Mr. Satterstrom stated that
prospective impound 1nt applicants must apply for a conditional use permit in CM-2 zoning areas
if the requested amendment is approved.
Mr. Satterstrom stated that CM-2 zoning is located predominately in the valley floor along Central
Avenue South and along Pacific Highway South at the subject site. CM-2 allows general
commercial uses and allows certain heavy commercial and light industrial uses. As a conditional
use, a public hearing would allow the Hearing Examiner an opportunity to mitigate special
circumstances that might arise where an impound lot is adjacent to other types of uses. It would also
require a public hearing and notification of surrounding property owners.
Troy E. Petersen, 24816 Pacific Highway South,Kent, WA as owner of Special Interest Auto
Works stated an impound lot would allow them to store vehicles without the necessity of being
repaired immediately. Special Interest Auto Works is currently providing towing, dispatch service
and parking. Mr. Petersen stated that at this time Special Interest Auto Works must pay other tow
companies to tow cars to their lot. Special Interest Auto Works owns their own trucks and if an
impound lot were approved, this would eliminate unnecessary expense payout to other towing
companies.
Dell W.Johnson, Kent, WA is employed by Special Interest Auto Works. He stated that Special
Interest Auto Works leases a lot outside Kent City limits. He said that only 26 vehicles are stored
on that lot at one time and only for a maximum of two days. He stated that an impound lot is
necessary at the Pacific Highway location in order to allow customers and insurance adjusters the
convenience of looking at vehicles at one lot without the inconvenience of having to transport these
people to another location. According to the Washington State Patrol "a vehicle can not be towed
at a loss" and further defined by Mr. Johnson as `no free tows'. Mr. Johnson stated that it is hard
justifying charging customers to tow their vehicles from the Special Interest Auto Works lot at the
Pacific Highway location to the leased lot.
Ron Harmon MOVED and Brad Bell SECONDED the motion to close the Public Hearing. Motion
carried.
#ZCA-97.6 C,11--2 ZONING DISTRICT REGULATIONS
#ZCA-97 O. OFFICE ZONING DISTRICT REGULATIONS
Land Use and Planning Board Minutes
October 27, 1997
Page 3
Ron Harmon MOVED and Tom Brotherton SECONDED a motion to accept#ZCA-97-6 CM-2
Zoning District Regulations as supported by Planning staff: Motion carried unanimously.
ZCA- 97-7 0. OFFICE ZONING DISTRICT REGULATIONS - (F. Satterstrom)
Mr. Satterstrom stated that the Planning Department received a regulatory review request from
Camilo de Guzman and Lucy Nanola seeking an amendment to the office zoning district regulations.
The request seeks to change the setback for a veterinary clinic in the office zone from" 150 feet from
a residential use"to"150 feet from a residential zone." The word change holds significant meaning
in terms of definition for"uses"versus "zones". Mr. Satterstrom explained that if this amendment
were approved it wouldinean that if there were a building used as a residence in an existing office
zone, setbacks would not be measured 150 feet from the residence if the property is zoned for office
or commercial; or other non-residential zoning. Mr. Satterstrom further stated if the wording
changes from"use" to "zone" the resulting change would mean the veterinary clinic in the office
zone would have to set back from any residence if the veterinary clinic is located in a residential
zone. Adjacent to the property proposed for the veterinary clinic on East Hill, a single family
dwelling is rented out in a residential use zone. This prohibits a veterinary clinic from being located
on the lot the applicant is proposing.
Mr. Satterstrom stated there are built-in safeguards under existing zoning that would reduce potential
for adverse impacts on adjacent residential uses, such as:.
0 Veterinary clinic buildings must be soundproof, minimizing the potential for noise.
• The building must be designed by a licensed acoustical engineer.
• Outdoor dog runs are not allowed.
• There are no provisions for outdoor animal areas.
Mr. Satterstrom stated that the Planning staff is proposing to change the word"use"to"zone"in Sec.
15.04.150.3 of the Zoning Ordinance as follows: "Veterinary clinics when located no closer than
one hundred fifty (150) feet to any residential zone, providing the animals are.housed indoors, with
no outside runs, and the building is soundproofed. Soundproofing must be designed by competent
acoustical engineers."
Tom Brotherton questioned how the setback distance would be determined for the veterinary clinic
if the wording in the Zoning Ordinance changes from"use" to "zone".. Mr. Satterstrom stated that
measurement starts from the property line not from the building. Mr. Brotherton voiced concern that
OZC.4-97-6 C.N--1 ZONING DISPRICTREGULATIONS
MZCA-97-7 O.OFFICE ZONING DISTRICT REGULATIONS
Land Use and Planning Board Minutes
October 27, 1997
Page 4
changing the wording in the Zoning Code would allow for more veterinary clinics in areas where
they have previously been prohibited.
Mr. Satterstrom stated that some sites would not be acceptable for veterinary clinics if the 150 foot
setback is retained in either the"residential use" or the "residential zone." Mr. Brotherton
suggested word modifications as follows: "a residential use within a residential zone" instead of"in
a residential zone".
There was no public representation for ZCA-97-7.
Brad Bell MOVED and Ron Harmon SECONDED a motion to close the Public Hearing. The
motion carried.
Ron Harmon supports Planning Staff s recommendation to amend the zoning district regulations
with the modifications as suggested by Mr. Brotherton. The Board members concurred.
Brad Bell MOVED and Ron Harmon SECONDED a motion to approve 4ZCA-97-7 O, Office
Zoning District Regulations as amended to read: from"residential use"to"any residential use in any
residential zone". Motion carried unanimously.
ADJOURNMENT
Ron Harmon MOVED and Jerry Daman SECONDED a motion to adjourn. Motion carried. The
meeting adjourned at 7:30 p.m.
Respectfully Submitted,
4JamHarris
4ZCA-97-6 CM-2 ZONING DISTRICT REGULATIONS
4ZC.4-97-7 O.OFFICE ZONING DISTRICT REGULATIONS
CITY Of KENT
REGULATORY REVIEW
-... The Rent City ca„Mll has daterhlooa that ""JOS rwiw or the dlty't reettietery praaaca U In the
pu0llc'c tact Interact, The council .ants the puslla to tle sole to participate In this review. TM
eetline on tnis page It intonded to glw the pusild sn eppartunity to .rite darn those things that
they do not like about an erdlhanoo or rpulatlan. The Couaeit vltl then revlw the p,totlC19 daenertta
and, vhan appropriate. Oahe changes to ordinances and ragulations. \
0 What ordinance or regulation do you want the Council to review?
��. 1S.o.4 S;O, �'{se�cesloN>!e� /n+n OFrt� RECEIVED
DI'if1_1&T'1 Q,
0 What is it that bothers you about this ordinance/regulation? J U L 2 2 1997
C'7y OFpc,3 wow,✓4 _ lfNjl►rl— u��
PLANNING OEP q MENT
0 What changes do you suggest to this ordinance/regulation?
G �k� y7lmx I1�1M Zo1J�'
0 What significance to the Community wi11 occur with your proposed change?
0 What effect, if any, will your proposed change have on related ordinances,
regulations, plans and policies?
Noun
0 4ave you reviewed your concern with a City staff member?
0 Do you have any general comments you wish to 'Bake ;can be about the or-
dinance/regulation you 'want changed or about anything also to do.with
ordinances/regulations or the permit process)? U D _
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,eoXbtery 10/e6
ZONING § 15.04.150
6. Group homes class I-A, I-B, I-C, II-A, H. Development plan review.Development plan
II-B, II-C and III. approval is required as provided in section
7. Recreational vehicle parks. 15.09.010.
(Ord. No. 2801, § 10, 9-6-88; Ord. No. 2808, § 6,
E. Development standards. 10-18-88; Ord. No. 2832, § 2, 2-21-89; Ord. No.
1. Minimum lot. Minimum Iot area is ten 2958, § 16, 1-2-91; Ord. No. 3094, § 1, 2-16-93;
thousand (10,000) square feet. Ord. No. 3251, § 9, 11-21-95)
2. Maximum site coverage. Maximum site
coverage is forty (40) percent. Sec. 15.04.150. Professional and office dis-
3. Front yard. There shall be a front yard trict, 0.
of at least twenty (20) feet in depth. It is the purpose of the 0 district to provide for
4. Side yard. No side yard is required, areas appropriate for professional and adminis-
except when a side yard abuts a resi- trative offices. It is intended that such districts
dential district, and then a twenty-foot shall buffer residential districts and the develop-
side yard shall be required. went standards are such that office uses should
5. Rear yard. No rear yard is required, be compatible with residential districts.
except when a rear yard abuts a resi- A. principally permitted uses. Principally per-
dential district, and then a twenty-foot mitted uses are as follows:
rear yard shall be required. 1. Medical and dental offices and medical
6. Height limitation. The height Umita- and dental laboratory services.
tion is two(2)stories or thirty-five(35) 2. Administrative and professional of-
feet. However, the planning director fices such as lawyers, engineers, real
shall be authorized to grant one (1) estate and accountants, financial of-
additional story in height if during fices such as banks and savings and
development plan review it is found loan institutions,insurance offices,au-
that this additional story would not hag bookkeeping, architectural and
detract from the continuity of the area. urban planning services, business and
More than one(1)additional story may management consulting services and
be granted by the planning commis- advertising services.
sion. 3. Veterinary clinics when located no closer
7. Landscaping.The landscaping require- than one hundred fifty(150)feet to any
ments of chapter 15.07 shall apply. residential use, providing the animals
8. Outdoor storage. Outdoor storage ar- are housed indoors, with no outside
eas shall be fenced for security and runs,and the building is soundproofed.
public safety by a sight-obscuring fence Soundproofing must be designed by
unless it is determined through the competent acoustical engineers.
development plan review that a sight- 4 Schools and studios for art,craffis,pho-
obscuring fence is not necessary. tography, music or dance; educational
F. Signs.The sign regulations of chapter 15.06 and scientific research; and research
shall apply. and development services.
G. Ojfstreet parking. 5. Blueprinting and photocopying ser-
1. The o$stteet parking requirements of vim.
chapter 15.05 shall apply. 6. Consumer and mercantile credit report-
ing services, and adjustment and col-
t. Offstreet parking may be located is letting services.
required yards, except in areas re-
quired to be landscaped. 7. Detective and protective services.
Supp. No. 12 1189
.............
CONTINUED COMMUNICATIONS
A.
..................
-7
R E P O R T S
A. COUNCIL PRESIDENT
B. OPERATIONS COMMITTEE 1
C. PUBLIC WORKS COMMITTEE I I/W1 wG d lI /6 r
3 �
D. PLANNING COMMITTEE rn
E. PUBLIC SAFETY COMMITTEE (iWl
F. PARKS COMMIT
G. ADMINISTRATIVE REPORTS fi f"-y
EXECUTIVE SESSION - Pending Litigation
PARKS COMMITTEE MEETING MINUTES
NOVEMBER 3, 1997
Council: Judy Woods, Chair; Jon Johnson, Connie Epperly
Staff: John Hodgson, Lori Flemm, Ramona Fultz,
Laurie Evezich, Teri Petrole-Stump
Citizens: Don Campbell, 27813 - 13th Avenue South, Kent 98032; Pat Curran, 300
Scenic Way, Kent 98031; Dee Moechel, 425 Scenic Way, Kent 98031;
Edmund Williams, 23 Sudden Valley, Bellingham 98226
Accept 1997 Budget Adjustments: In order to close out 1997 Capital projects and
proceed with projects in 1998, staff requested approval to adjust the following budgets:
■ Accept the $40.00 from Kiwanis Tot Lot#4 plans and specification sales and
transfer to the Park Improvements '96 budget.
■ Accept the $4,560 in miscellaneous donations and amend the Adopt-a-Park
budget.
Kent Lions Club $ 100.00
Eagle Scouts $ 110.00
Seafirst Foundation $1,000.00 (Weed Walker Program)
Wagner Memorial Fund $3,250.00
Good Sam Club $ 100.00
Total $4,560.00
■ Accept the $3,640 in interest from the King County Conservation Futures Grant
and amend the Lake Fenwick Trail budget.
■ Accept the $1,719.00 from the sale of Green River Trail plans and specifications
and transfer to the Neely Soames Home budget as part of the grant match
agreement. Also as part of the grant match agreement for the Neely Soames
Home, transfer $20,000 from Playground Safety budget, $5,000 from First
Avenue Plaza budget, $30,000 from Master Plans budget, and $10,000 from
Park Improvements '96 budget. The remaining balance for the grant match has
been requested in the 1998 budget.
■ Accept the $12,000.00 from the sale of surplus house located at 26521 - 132nd
SE in Kent and create a budget for the 132nd Street Park.
Parks Committee Minutes
November 3, 1997
Page Two
■ Accept the $15,600 from King County for the Clark Lake annexation
reimbursement and amend the Park Improvements `96 budget.
■ Accept the $14,333 from Parks and Open Space - West Hill account (fee-in-lieu
of funds from Cambridge Place) and transfer to the Linda Heights Renovation
budget.
■ Accept the $12,613 from Capital Parks and Open Space - East Hill (fee-in-lieu of
funds from Canyon Crest) and transfer to the Garrison Creek Renovation budget.
■ Accept the $5,755 for Parks and Opens Space - East Hill from Teresa Lane (fee-
in-lieu funds) and create a budget to expend $5,000.00 for Tudor Square and
$755.00 for miscellaneous park projects.
■ As part of the grant match agreement, transfer $15,000.00 from Playground
Safety budget to Kent Memorial Park Tot Lot Rehabilitation budget.
Councilmember Epperly moved and Councilmember Jon Johnson seconded to approve
the above referenced budget adjustments for 1997. Motion carried 3-0.
Accept & Create a Budget for the King County Water Quality Grant: The City
received a Metropolitan King County Council, District Four for a water quality grant for
$7,288 which will be used to place screens on the bottom of Lake Meridian at the dock
and the Old Fishing Hole to prevent the overgrowth of weeds. A portion of the funds
will be available to Lake Meridian residents to purchase the same screening materials,
enabling them to prevent weed overgrowth in their lake property also.
Councilmember Jon Johnson moved and Councilmember Connie Epperly seconded to
accept and create a budget for the $7,288 Regional Water Quality Block Grant from the
Metropolitan King County Council to clean up Lake Meridian and the Old Fishing Hole.
Motion carried 3-0.
Accept Property Donation from Jean Austin: Ms. Jean Austin of Kent has donated
0.27 acres located off Alvord Avenue in Kent to the City with the stipulation that the
property or proceeds from it's sale be used solely for park purposes.
Councilmember Connie Epperly moved and Councilmember Jon Johnson seconded to
accept the 0.27 acres of property donated by Jean Austin, located off of Alvord Avenue
in Kent and utilize it solely for park purposes. Motion carried 3-0.
Parks Committee Minutes
November 3, 1997
Page Three
John Hodgson added that this is a good example of what would be involved in the
planned giving program which is proposed for development in the Parks and Recreation
Department in 1998.
Kent Civic and Performing Arts Center Update: Pat Curran and Don Campbell,
members of the Kent Civic and Performing Arts Center updated the committee by
sharing that the committee has formed a 501(C)3. They contracted with a firm to
develop a philanthropic feasibility study. They chose Campbell & Company, based in
Los Angeles and Cincinnati. This study presented a need to get information to the
public; that the proposed project amount and scope need to be reduced; and that South
King County is not highly supportive of philanthropic enterprises. They also found that
they need more committee members to accomplish their goals. They will be looking for
a major marketing plan to increase public awareness and philanthropic awareness.
They established that there are three projects: a 500 - 600 seat theater; a 100 - 125
black box section, and a lobby. The Center plan includes meeting space for the
community. They will be looking at its fit with the Downtown Plan, how it can be
utilized, what the regional impact is, the site location, and how the maintenance and
operation of the facility would impact the city. At the end of 12 months the committee
plans to assess what the sentiments of the City, businesses, and citizens are toward
the Center. They will then form a campaign organizational committee.
As Don distributed the surveys from Campbell and Company, Judy Woods
congratulated the many years of work this committee has contributed to the Performing
Arts Center. She added that the recent community meeting showed a lot of citizen
support for the proposed center. John Hodgson added that he felt fortunate to be on
this committee, and to work with such a diligent group of people. Judy Woods
announced to the Cable TV viewers that if interested in volunteering on the PAC
committee, contact the Mayor's office. She also asked the committee to report regularly
to the Parks Committee on their progress; Pat and Don agreed.
Added Items:
1. Judy Wood asked John to summarize the recent donation from Boeing to the
Kent Saturday Market. John replied that the $40,000 grant from Boeing is to
remodel the train depot building recently purchased for the Saturday Market.
2. Council Chair Judy Woods asked for clarification on land acquisition. John
responded that the Parks & Recreation Department acquires property as sites for
future parks, facilities, and/or open space for the City of Kent. Prior to any
renovation or construction of park property, staff put a lot of effort in getting input
and consensus from neighbors by way of public meetings.
Parks Committee Minutes _.
November 3, 1997
Page Four
Public meetings are set up in a casual atmosphere - staff and consultants bring
catalogs and form their master planning ideas based on input from the meeting. Eight
master plans have been developed in the last three years by this process. Through
these public meetings, staff received valuable information from the neighboring property
owners and developed plans which were supported by both the City and the
community. John confirmed that due to public demand, staff will approach Council to
build two skateparks within the Kent city limits. As always, public meetings will be held
prior to any master plan no development will take place unless the neighbors support it.
Meeting adjourned at 4:55 p.m.
tps
3t�ENDA JAC.Utit&
S
(Please put in Council agenda
CITY Of packet)j��
Jim White, Mayor
Planning Department (206)859-3390/FAX(20ti)850-2544
James P.Hams,Planning Director
CITY COUNCIL
PLANNING CONIIMIITTEE ))MINUTES
September 16, 1997
Piminng.Com_mittee Members Present: City Attotnev's Office:
Leona Orr, Chair Roger Lubovich, City Attorney
Tim Clark Laurie Evezich,Assistant City Attorney
Jon Johnson
Other City staff:
planning Staff: Gary Gill, City Engineer
Fred Satterstrom, Planning Manager Ed White, Transp Eng Supervisor
Kevin ONeill, Senior Planner
Matthews Jackson, GIS Coordinator/Planner
Linda Phillips, Planner
Margaret Porter, Administrative Assistant
Teresa Beener, Administrative Secretary
gESOLUTION FOR COMPREHENSIVE PLAN AMENDMENT- (F. Satterstrom)
Planning Manager Fred Satterstrom explained that the Growth Management Act allows for
Comprehensive Plan amendments once a year. Mr. Satterstrom explained that in order to make an
amendment to the Comprehensive Plan other than once a year, Kent must declare a state of
emergency through a Resolution. He explained that the Resolution is necessary to move forward
with the Meridian Valley and Del Mar annexation Comprehensive Plan amendments and zoning map
changes.
Committee member Jon Johnson MOVED and Tim Clark SECONDED a motion to approve the
proposed resolution. Motion carried.
BILLROAU ISSUE -(T. Clark)
Committee member Tim Clark stated that the commuter rail will cause significant traffic delays.
He explained that the 196th corridor will become the first non-stop east-west route. Mr. Clark
explained that this overpass will become the City's only unobstructed panoramic view of the area
and he would like this to remain an unobstructed view. He asked the Committee to create a billboard
ordinance that would prohibit billboards that would obstruct this view. He commented that he would
like to prevent a problem before one occurs.
Assistant City Attorney Laurie Evezich explained that there was a relatively recent Washington
Supreme Court decision that determined the placement of billboards could be limited for reasons of
120 41h AVENUE SOUTH I KENT.WASHINGTON 98032.5895 1 TELEPHONE (253)859-3300
City Council Planning Committee Minutes
September 16, 1997
protecting traffic distraction,health and safety,the preserving of aesthetics, or the preservation of
natural resources. However, she explained that this could not be enacted retroactively.
Clark MOVED and Johnson SECONDED a motion directing administration to draw up a"billboard"
ordinance that would expressly protect the views of the 196th and 272nd corridors by prohibiting
the placement of billboards.
Chair Leona Orr questioned whether the ordinance should be specific. Clark commented that the
uniqueness of the overpasses takes out the consideration of existing roadways.
Evezich commented that the City should avoid an ordinance that would require constant
maintenance. She suggested limiting the ordinance to the 196th and 272nd corridors to ensure that
the ordinance would not effect existing billboards.
The motion carried.
08TH AVENUE .FENCE -(L. Evezich)
Assistant City Attorney Laurie Evezich explained that the Committee had requested an update for
this item. Ms. Evezich explained that the City received a.citizen petition regarding the previous
h,the City Attorney concluded
existence of a fence along 108th Avenue After substantial researc
that the fence was not a condition of development and, therefore, could not be required of the
property owners. The property owners decided for their own reasons to add the fenfe ece on place th
Avenue. Ms. Evezich stated that, as of this date, the owners expect
by
years end.
Committee member Tim Clark questioned whether it was still the intent of the property owner to
construct a heavy metal fence. Ms. Evezich commented that those details had not been discussed
but, she will contact the owner and confirm this was still their intent.
..�.O N STRATEGIC GIG ACTION PLAN - (L. Phillips)
� TA and they are
Chair Leona Orr stated that she had spoke with the Regional Transit Authority (R )
only considering the north location for the commuter rail station in their envthaironmental
consider
review
TA
process. Chair Orr suggested thatthe Committee take action to formally request
rail station locations. She commented that she was prepared
both the north and the south commuter
to take this issue to full Council tonight,if necessary.
Planning Manager Fred Satterstrom.explained that staff did contact dike the TA and
they to consider that
a letter from the City Council would be appropriate if the City
the north and the south site. Mr. Satterstmm commented that it had been staffs understanding that
the RTA would automatically be considering both sites during their environmental review-
2
City Council Planning Committee Minutes
September 16, 1997
Committee member Tim Clark MOVED and Jon Johnson SECONDED a motion to compose a letter
from the Council to direct the RTA to consider both the north and the south commuter rail locations
in their environmental review process. Motion carried.
Chair Leona Orr stated that Mr. Alden Eld had not been sufficiently notified regarding the
August 6, 1997 Special Planning Committee meeting and therefore,was not given an opportunity
to testify. She explained that Mr. Eld is here today to add his comments for the record.
Alden Eld,P. O.Boa 866,Oregon City, OR 97045. Mr. Alden Eld owns property located at the
corner of Fourth and James. Mr. Eld discussed his concerns and stated that his property is unusable
as residential. He requested the Committee to consider the inclusion of five parcels in the area being
rezoned to office/mixed use.
Planner Linda Phillips introduced a recent letter from Manly Manthy and commented that one issue
that was discussed in the introductory phase of the downtown plan was identifying market
opportunities for natural medicine facilities. Ms. Phillips explained that this was inadvertently left
out of the draft. Ms. Phillips discussed adding language promoting Kent as a center for health car,
including natural medicine,in the"Market Opportunities"and"Enhance Civic Identity" sections of
the Downtown Plan.
Clark MOVED and Johnson SECONDED a motion to add the language promoting health care
facilities and services,including natural medicine opportunities,as discussed above. Motion carried.
Ms. Phillips outlined the East Frame Distract. She explained that this district includes a mixture of
commercial activity interspersed among single and multifamily residential uses. The
recommendation encourages preserving and developing additional residential uses within this area
along with the existing commercial services.
The East Frame District also recommends the construction of a pedestrian trail along Mill Creek that
would connect Mill Creek Park and Memorial Park, the improvement of Meeker and Gowe
Streetscapes which would include landscaping and lighting, and design guidelines to help increase
compatibility of uses.
Mr. Satterstrom explained that the East Frame District is fairly limited in scope. He explained that
the area is zoned for commercial, but the majority of the existing development is single family
residential. He explained.that design guidelines are a way to provide transition within this area as
the area develops with more large scale commercial or residetnial projects.
Mr. Claris discussed his concern with the recommendation to encourage a pedestrian trail crossing
at James. He also discussed his concerns regarding the Meeker and Gowe street improvements and
stated that this may be premature due to the potential impacts of the commuter rail station. He
3
City Council Planning Committee Minutes
September 16, 1997
t concern subscribing to a plan which may require major adjustments
commented that he had a grey pedestrian
once specifics are determined- Ms- Phillips explained that the plan recommends
improvements and they would be adjusted for safety or other issues at the time of implementation
Mr. Clark commented that he is concerned with the recommendation that commits to current street
standards. He explained that the RTA location could have a tremendous impact on streets in the
downtown area and may need substantial upgrade beyond the current standard. He was concerned
with the impact of increased bus traffic.
Ms. Phillips explained that the recommendations for street standards are mre general
li naturequesti and
ed
can be revised during the implementation to accommodate any such impacts.
d be delayed until the site of the commuter rail station had been
whether a decision on this area shoul
determined.
Clark questioned how quickly these projects would be fed into the Capital Facilities oulg
Ms. Phillips explained that the improvements would be prioritized and the tbe
iming
determined by funding and Council approval. She explained that recommendations involving the
commuter rail would be given a priority and others would be prioritized based on the City's wants
and needs.
Mr. Satterstrom explained that the Council will decide based on funding and other issues whether
or not improvements will be made and where. He explained that improvements are merely
recommendations for specific improvements but the details would be worked out prior to
implementation.
Committee member Tim Clark MOVED and Johnson SECONDED a motion to adopt the East
Frame District recommendations of the Downtown Plan. Committee member Jon Johnson
commented that he felt it was very important to create as many trails and pedestrian links as possible.
He stated that busy trails would need to cross busy streets and stated that the safety concerns would
be addressed and the best solution adopted at the time of implementation. Mr.d Iinses would
on also
discussed his concerns with the scale differences in this area and hoped the design gui
address these concerns. Motion carried.
e 12n D ITEMS TO
-(R Lubovich) Plat
City Attorney Roger Lubovich explained that the City Council had modified the Preliminary
for Bayberry Crest and these changes had effected the conditions of the plat. Mr.Lubovich stated
that the Council's decision to cul-de-sac 129th Avenue Southeast, eliminated the need for certain
conditions that no longer applied and gave the applicant enough land for an additional two lots.
4
City Council Planning Committee Minutes
September 16, 1997
Mr.Lubovich explained that a letter had been received from the applicant requesting that conditions
that were no longer applicable be removed and asked that the additional two lots be approved.
City Engineer Gary Gill explained staffs position on the conditions. He explained that staff
supports the applicants request to eliminate the conditions outlined in their letter with the exception
of Condition 6. G)iii. which should remain as written.
Committee member Tim Clark questioned the status of the pedestrian walkway. Mr. Gill explained
that the pedestrian walkway would remain unchanged.
Mr. Lubovich explained that the conditions being removed relate directly to 129th Avenue SE not
going through.
Planning Manager Fred Satterstrom asked for time to review the changes before making a
recommendation to Council.
Jim Howton,600 - 108th Ave NE,Suite 343,Bellevue,WA 98004. Mr. Jim Howton explained
that this is time sensitive and would like to have this item go to Council tonight.
Committee member Jon Johnson MOVED and Clark SECONDED a motion tprove changes
to the Bayberry Crest Preliminary Plat as discussed pending Planning Departmentapproval.
City Attorney Roger Lubovich questioned whether Planning had authority to make minor
adjustments. The Committee concurred that any minor adjustment necessary including lot
configuration could be made by staff based on zoning regulations. Motion carried.
Chair Leona Orr stated that the Downtown Plan will be continued to the Planning Committee
Meeting on October 21, 1997 at 4:00 p.m.
ADJOI ritr M
The meeting adjourned at 5:15 p.m.
J
5
BRENDA JACOBER
(Please put in Council agenda
CITY or ZIM packet)
Jim White, Mayor
Planning Department (253)859-3390/FAX(253) 850-3544
James P. Harris, Planning Director
CITY COUNCIL
PLANNING COMMITTEE MINUTES
October 21, 1997
Planning Committee Members Present City Attorney's Office
Leona Orr. Chair Laurie Evezich, Assist City Attorney
Tim Clark
Jon Johnson Mayor's Office
Dena Laurent. Gov't Affairs Manager
Planning Staff
James P. Harris, Planning Director Public Works
Fred Satterstrom, Planning.Manager Brad Lake. Water Mtce Superintendent
Kevin O'Neill, Senior Planner
Linda Phillips, Planner Fire Department
Margaret Porter, Administrative Assistant III Larry Webb, Fire Marshal
Pamela Mottram, Administrative Secretary
Other
Jackie Reis, S.C. Journal
Carl Fujitani
Beverly Finley
Linda Houser
R.J. Bjomeby (Dick)
Lillian M. Walker
Frank Wiesner
SEA TAC TRANSMISSION CITIZEN CONCERN - (F. Satterstrom)
Planning Manager Fred Satterstrom explained that one year ago a variance was granted to construct
a building for Sea-Tac Transmission, located on Pacific Highway South at 248th Street. Sea-Tac
proposed to construct an auxiliary building on the north side of 248th. Sea-Tac Transmission
currently has a thriving business located at the comer of 248th and Pacific Highway which they need
to expand. Sea-Tac is proposing to construct a building on the north side.
Mr. Satterstrom explained that during the hearing several people reported to the Hearing Examiner
that Sea-Tac Transmission had several cars from employees and customers parking on South 248th
Street. Mr. Satterstrom stated Sea-Tac Transmission informed the Hearing Examiner that the new
facility being built would allow them to park all their employees and customers on site. This would
eliminate the need to park on 248th Street. Citizens from the Sunset Vista Condominiums told the
_'_0 4ch %''ENIF,SOUTH i KEN'r,%%%SH INGFON OS1W isoi, TFLF.PH(7NF I?i31 gj9-{3011
City Council Planning Committee Minutes
October 21, 1997
Page 2
Hearing Examiner that there was a problem with parking on the street and they would like to have this
issue addressed over the long term.
The Hearing Examiner placed a condition on the variance when it was issued in November of 1996.
Condition number two states: "The applicant shall not use S. 248th Street for employee parking or
for storage of vehicles that are in need of repair services. "
Mr. Satterstrom explained that some homeowners of Sunset Vista Condominiums notified the City
that Sea-Tac is still parking along South 248th Street. He stated the land at the Sea-Tac Transmission
building site is currently being graded. This does not allow room on site for construction employees
to park. Consequently, parking is occurring on South 248th Street.
Mr. Satterstrom believes those parking on 248th Street could be a combination of construction
workers and customers of Sea-Tac Transmission. He had spoken with the Law Department regarding
enforcement of no parking on South 248th Street. He was informed by Ms. Evezich, Assistant Cite
Attorney, the condition is enforceable. Mr. Satterstrom further stated the City would expect Sea-Tac
employees and customers to park on their site when the new building is finished. If Sea-Tac does
not comply, the City would proceed with an enforceable action as a normal code enforcement issue.
Mr. Satterstrom explained that Sea-Tac Transmission is now under construction and making diligent
progress since the issuance of the necessary building permits. Chair Orr asked Mr. Satterstrom to
keep the Committee informed of the on-street parking status when the building is finished.
Committee member Tim Clark asked if the on-street parking on South 248th was simply an expansion
of parking availability for the apartments or related only to the density of traffic in that area. Mr.
Satterstrom noted there is sufficient parking at Sunset Vista Condominiums and parking on the street
is not overflow parking from the Condominiums. Mr. Satterstrom stated his concern that cars parked
on the street in various stages of repair have a blighting effect on the neighborhood.
Mr. Satterstrom reiterated the history of Sea-Tac Transmission and the Committee's findings to the
following citizens who spoke on their concerns with Sea-Tac's on-street parking.
Beverly Finley, 2531 South 248th St, Kent,WA is a resident of the Sunset Vista Condominiums.
She voiced her concerns with cars parking on both sides of South 248th and the tow trucks blocking
one lane of the road. Ms. Finley stated that the type of terrain and the need to clear both the tow
trucks and equipment in the street could pose a potential head-on collision situation when entering or
exiting the condominiums.
Downtown Strategic Action Plan
Sea-Tac Transmission Citi=en Concern
Water Treatment Facilitv
Regulatory Review-Churchs in,V-?Zone
City Council Planning Committee Minutes
October 21, 1997
Page 3
Chair Orr asked Ms. Finley if Sea-Tac Transmission was using both sides of the street. Ms. Finley
responded affirmatively. She said when the tow truck is in use, the right lane is tied up. this leaves
only the left lane available. Ms. Finley explained this occurs throughout the day.
Ms. Evezich explained that the current parking issue pertains to the traffic ordinance. She said that
perhaps a police officer could look at the activities on that site.
Linda Houser, 223 South 248th Street, Apt. C-22, Kent, WA, President of the Home Owners
Association, expressed concern that Sea-Tac Transmission double parks their cars in the street while
jockeying them around. Ms. Houser stated her concern with tow trucks blocking the road. She
suggested a sign should be erected on the hill stating "limited sight distance. " Ms. Houser showed
pictures where cars are parked to close to a stop sign and visibility is diminished by the inability to
see around the parked cars. She stated additional problems include transmission fluid in the street and
beater vehicles setting in the street for months.
Ms. Evezich informed Ms. Houser that the purpose of this meeting was for the Committee to direct
their attention to the issue regarding the variance. She stated that the parking requirement is a
condition of the variance and is not enforceable until the new building and parking lot are completed.
Ms. Evezich stated since Sea-Tac Transmission is violating other traffic safety conditions, this action
will be directed to the Police Department. Ms. Evezich stated she will work with the City's
prosecutors in determining if a solution can be implemented while waiting for the variance to be
fulfilled. She stated that the Legal Department had not been aware there was a double-parking issue.
Planning Director Jim Hams stated that the double-parking issue is not permissible under the Traffic
Code. Mr. Harris observed, while visiting the site, that parking has occurred on the street since day
one and construction vehicles parking on the street further complicate the situation.
R. I Bjorneby (Dick), 6706 S. 239th St., E101, Kent, WA also represents the Home Owners
Association for the Sunset Vista Condominiums. He noted that the parking problem has been ongoing
since May 1995. Mr. Bjorneby asked the Committee if he correctly understood that the Hearing
Examiners decision would not go into affect until construction is completed.
Mr. Satterstrom affirmed that Mr. Bjomeby was correct. Mr. Satterstrom explained upon issuance of
a variance allowing them to build a building, the cars would be moved off the street. Until the facility
is complete there will not be any action to move the vehicles.
Mr. Bjomeby told the Committee the information he received did not indicate that parking would not
be enforced until construction was complete. He said this information should have been available in
Downtown Strategic.-fiction Plan
Sea-Tac Transmission Citi=en Concern
Water Treatment Facility
Regulatory Review-Churchs in M-2 Zone
City Council Planning Committee Minutes
October 21, 1997
Page 4
the Hearing Examiner's documentation. Mr. Bjorneby suggested possible alternative parking
solutions including 22 parking spaces on the northwest corner of a strip mall and an additional 20
parking spaces on the south side. Mr. Bjomeby said that the mall management stated they would
explore contracting or leasing the space out.
Mr. Bjomeby voiced his concern that Sea-Tac would continue to park cars on both sides of the street.
Mr. Satterstrom stated that the code enforcement action fines for violating a zoning requirement are
substantial. Mr. Bjomeby responded that the Code Enforcement Officer does not have the authority
to tell people they are not allowed to park on the street.
Ms. Evezich stated that the conditions of the variance will not solve the immediate problem. She
explained that conditions of the variance is tied to the development activity that is not yet complete.
She said this is why the conditions cannot be imposed on the existing development. Ms. Evezich said
that she would be happy to help the homeowners in working with the Police Department. She
suggested that Sea-Tac Transmission should be contacted directly to inform them of the safety
concerns regarding the traffic hazards. She stated that she would inform the City Attorney's office
of the safety issues concerning the traffic hazards.
Ms. Houser stated that the employees could park around the back of the site and walk. Ms. Evezich
responded that Sea-Tac Transmission would probably comply if they had a better understanding of
the importance of these issues and she would be glad to convey this information to them.
WATER TREATMENT FACILITIES - (F. Satterstrom)
Planning Manager Fred Satterstrom stated the City's Water Department finds itself caught in a catch-
22 situation in increasing the City's water quality. Mr. Satterstrom explained that the Zoning Code
does not have provisions to allow for certain water quality treatment facilities.
Mr. Satterstrom stated the Zoning Code does not permit the storage of hazardous substances such as
sodium hydroxide in quantities over 500 pounds in a single-family residential zone. He said one of
the proposed storage sites is located in a residential zone. A variance or conditional use permit cannot
be issued without a code amendment. Mr. Satterstrom said the Water Department is proposing storage
tanks that will store more then 12,000 gallons.
He stated the Zoning Code amendment proposal would allow tanks of sodium hydroxide (NaOH) to
be stored inside a small building at each of the two water utility sites: (1) Pump Station #5 at 98th
Avenue/SE 238th Street, and (2) East Hill Well Site at 104th Avenue/SE 246th Street.
Fred Satterstrom stated that the Planning Department is requesting a directive from the Committee
to explore zoning code amendment alternatives to protect single family areas from possible adverse
Downtown Strategic.action Plan
Sea-Tac Transmission Citizen Concern
Water Treatment Facility
Regulatory Review- Churchs in M-2 Zone
City Council Planning Committee Minutes
_. October 21, 1997
Page 5
effects of locating hazardous substances near residential areas while also permitting the location of
water treatmnet facilities in or near single family areas. He stated the Committee could proceed with
a mechanism to explore the alternatives with the Land Use and Planning Board at a public hearing in
November.
Chair Orr said several individuals had contacted her over the last few months with concerns over the
quality of the water. Leona Orr questioned if the proposed procedure would help improve water
quality and alleviate citizen concern.
Water Maintenance Superintendent Brad Lake stated that adding sodium hydroxide (NaOH) to the
City water supply is designed to reduce the corrosiveness in the water lines and neutralize the pH level
of the water. In turn, this reduces the volume of material leaching into the water from the waterlines.
Jon Johnson MOVED to refer this matter to the Land Use and Planning Board for review and possible
amendment to the Zoning Code regarding Water Treatment Facilities. Tim Clark SECONDED this
motion. MOTION carried.
REGULATORY REVIEW CHURCHES IN M-2 ZONE - (F. Satterstrom)
Mr. Satterstrom explained the Planning Department received a regulatory review from Johnny
Williams, Pastor of The Word of Praise Ministries. This is a proposed code amendment to allow
churches in the M-2 Zoning District. Mr. Satterstrom explained that many store front churches have
located in Kent over the past several years. He stated churches are allowed in commercial areas under
certain circumstances and that churches are also moving into industrial areas.
Mr. Satterstrom explained that churches are having Building and Fire Code problems during annual
inspections. He further stated that The Word of Praise Ministries has been located in a manufacturing
zone for a long time. Mr. Satterstrom said that under the Fire and Building Code The Word of Praise
Ministries church falls raider a public assembly classification. The Fire Department has been working
with them on the application of code requirements including"exiting" issues. Mr. Harris stated even
if the church complies with the required changes, zoning issues still exist. He further stated that
churches are not permitted in manufacturing zones.
Mr. Williams, Pastor of The Word of Praise Ministries Church is asking to change the City's
regulations to allow churches in manufacturing zones. Planning staff feels that this recommendation
has merit and proposes that the Committee send this request to the Land Use and Planning Board.
Chair Leona Orr opened this issue for discussion.
Downtown Strategic Action Plan
Sea-Tac Transmission Citi=en Concern
Water Treatment Facilitv
Regulatory Review-Churchs in M-2 Zone
City Council Planning Committee Minutes
October 21, 1997
Page 6
Carl Fujitani,4016 SE 51st, Kent, WA said he has been a resident of Kent for over four years. He
stated his appreciation to the City of Kent for allowing the church to stay in its present location for
the past four years. The church has tried to comply with the Fire Code requirements. Mr. Fujitani
testified at length advocating for approval of the church.
Council member Tim Clark stated he understood there has been an ongoing problem with meeting fire
and conformity standards. Mr. Fujitani explained that the church has complied with the Fire
Marshal's request by making necessary renovations, including double door exit doors, installing fire
extinguisher, providing wheel chair accessibility, and leaving the fenced area in front of the church
entrance unlocked. Mr. Fujitani stated the Fire Department did not request the installation of a fire
sprinkler system.
Council member Tim Clark voiced the Committee's concern that conformity be maintained in terms
of what is required by everyone downtown. Mr. Harris stated that the zoning problem still needs to
be resolved even after the Fire Marshal's issues have been corrected.
Johnson MOVED to send the regulatory review requesting churches in the M-2 zoning district to the
Land Use and Planning Board for further consideration. Clark SECONDED this motion. Motion
carried.
Due to time constraints, Chair Orr decided to end the meeting discussion and move the Downtown
Strategic Action Plan item to November. She asked if the Committee would be willing to hold two
meetings in November, with one on Tuesday,November 4, to discuss the Downtown Plan.
Committee member Jon Johnson discussed his concerns with the lack of response from the Regional
Transit Authority regarding the commuter rail location. The Committee decided to move RTA
discussion to the December or January meeting to allow RTA time to respond. Mr. Harris stated the
Downtown Plan does not revolve around the depot site.
The Planning Committee and Planning Department members reiterated their discussion regarding the
Downtown Plan and the RTA. In addition, concerns of the North Park area were mentioned.
Chair Leona Orr stated the Downtown Plan would be discussed first at the November 18 meeting.
The Committee agreed to begin the meeting earlier, if possible.
Jon Johnson MOVED to-have the Committee draft a letter to the Regional Transit Authority stating
the need to extend the RTA's study of the south site location. Tim Clark SECONDED the motion.
Motion carried.
Downtown Strategic Action Plan
Sea-Tac Transmission Citi=en Concern
Water Treatment Facility
Regulatory Review-Churchs in M-1 Zone
City Council Planning Committee Minutes
October 21, 1997
Page 7
ADJOURNMENT
The meeting was adjourned at 5:05 p.m.
Downtown Strategic Action Plan
Sea-Tac Transmission Citizen Concern
Water Treatment Facilitv
Regulatory Review-Churchs in M-1 Zone
PUBLIC WORKS COMMITTEE
November 5, 1997
PRESENT: Tim Clark Tom Brubaker
Jim Bennett Don Wickstrom
Connie Epperly Gary Gill
Representatives from M.F.S. (World Comm)
ABSENT: Judy Woods
Proposed Sanitary Sewer T.ID - SE 223rd Street
Wickstrom stated that we have received a petition for a sanitary sewer LID from
property owners. This is in an area outside the City limits located approximately east
of the 'S' curve on the Benson Highway. The property owners have been having septic
system problems and since this is in our sewer franchise area, they have asked us to form
an LID. Wickstrom said that we have looked at several alternatives and presented
several options to them and finally settled on one which had enough support to form an
LID. The LID is approximately $186,000; there would be about $60,000 City sewer
funds involved. We added City the sewer money since there are some large size parcels
that could be subdivided. Some parcels that are not in our franchise area but are
adjacent to the sewer within the Soos Creek sewer and water franchise area, will logically
connect here. If they do connect, we will impose a Charge in Lieu of Assessment.
Wickstrom explained that we added money into this in order to help form this LID - if
we didn't, we felt it wouldn't move forward and these people are having problems. He
said we have had an informal meeting with the property owners and at this time, we
have 54% of the signed petition wanting to proceed with the project and, they do know
what their assessments will be. Wickstrom explained that once we start an LID, it takes
60% to legally stop it- at this point we want to proceed at least thru the Hearing stages
and then it is Council's decision as to whether or not to form the LID by passing the
Ordinance creating the LID.
In response to Clark, Wickstrom noted that this is an isolated pocket of homes that were
built approximately 30 years ago on septic systems before sewers were in the area - now
sewers are surrounding these homes.
Committee unanimously recommended adoption of the Resolution setting a public
hearing date on the formation of the LID for sanitary sewers at the 22 designated
properties on SE 223rd Street.
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caroinito Condemnation Ordinance
Brubaker explained that this is part of the S. 277th Street Corridor project and it is a
request for the Committee's approval to bring to Council an ordinance to condemn
certain property necessary to construct and complete the S. 277th St Corridor. He said
the property lies in the valley immediately west of the Green River along S. 277th St.
We have had an agreeable working relationship with the property owner, Mike
Carpinito, on the use of his property; he is a farmer and he has indicated that his real
preference would be rather than compensating him for his loss, find some other farmland
adjoining his existing parcel. Brubaker said we have been attempting to negotiate with
adjoining property owners in King County and have been unable to achieve that
purchase so we can swap farmland for farmland. As a result, we are at a point now
where, under an existing agreement with Mr. Carpinito, we need to move ahead with
eminent domain proceedings. Brubaker said that the purpose of this proceeding is
simply to move the process forward and help us to determine the appropriate valuation
for the property taken. In response to Clark, Brubaker stated that Mr. Carpinito is
completely familiar with the process.
Committee unanimously recommended that Council authorize condemnation
proceedings on the Carpinito property along the S. 277th Street Corridor.
Boeing Environmental Fine
Wickstrom explained that an environmental fine for pollution was imposed on Boeing
and as part of their settlement with the Dept of Ecology, they wanted to spend the
money in Kent where the incident occurred. Ecology was receptive to that - Boeing is
giving us $14,400 and they have worked out a program to help revegetate Mill Creek
He said that at this time we are asking for authorization to accept the money and
establish the budget for the Mill Creek Revegetation/Restoration project.
Committee unanimously recommended that staff be directed to accept the funds of
$14,400 and establish a budget for same and use these funds for the Mill Creek
Revegetation/Restoration project.
MFS World Comm) Co:m nica ion Lice li 69 eement
Brubaker explained that MFS (World Comm) is seeking permission to extend a
telephone trunk line facility to a location at the corner of 196th St and West Valley
Highway (the southeast comer). At that location is a US West facility and the goal of
MFS is to extend that trunk line to the US West facility and from there to connect with
US West to provide local telephone service to a portion of the City of Kent. Brubaker
stated that we are currently developing a policy and an ordinance that will control the
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kinds of franchises for wire telephone systems the City issues in the future. He said this
policy is being developed pursuant to the changes in the law that have occurred because
of the 1996 Federal Telecommunications Act. However, MFS has a construction
schedule they are trying to stay with and we have created an interim agreement in an
attempt to allow them to move forward with their construction and also, to preserve the
City's rights under its policy to be developed for street franchises for wire telephone
systems. He stated that this is a license and is established to run for five years but is
subject to immediate termination by the City after giving 60 days prior written notice.
Brubaker said it preserves most of the rights typically obtained by the City. He said this
is an interim agreement which allows MFS (World Comm) to move forward with its
project, and at the same time preserves the City's rights to require them to enter into a
subsequent street franchise, once we have developed our wire telecommunication policy.
Clark questioned if basically, they are trying to set up a transmission line along West
Valley Highway. Brubaker explained that it's a loop system so if one section of the line
goes down, the other part of the loop will still be able to carry it. One part of the loop
branches from the Union Pacific RR right of way, the interurban trail as it goes north
and south, and the other is planned to go along S. 180th St. at the Renton/Kent
boundary and then south on the West Valley Highway to S. 196th St.
In response to Clark, T.D. Nujen, representative of World Comm said it was the intent
of the company to set up services to businesses and government entities in the valley.
Clark asked if World Comm had any intention in their long term plan to expand to any
other part of the City. Nujen stated that is a decision to be made at a much higher level.
She stated that eventually, we do want to canvas as much of the Puget Sound area as
possible and at this point, the extent of our network will only be adding on the Kent
O'Brien Central office. Ms. Nujen said that World Comm has franchise agreements with
other cities in the area and when we were building this network we were approached by
MTI, who has a network here and we did a fibre swap with them. She said we actually
do have a network in the City of Kent but it is thru the MTI fibre swap.
Ms. Nujen explained that last year MFS Communication was purchased by World
Comm. World Comm does long distance services and MFS is known for providing local
service. The full company does provide long distance service, local service and internet
service. This entity that we are representing here is, MFS of Seattle, is actually the local
service. Clark asked if the introduction of the fibre optic loop will eventually have an
expansion of services. Nujen stated that by the fact that we are bringing this loop down
now and going into the Kent O'Brien central office, we will be offering dial tone type
services as soon as that network is built.
Brubaker said state law prohibits the City from charging a franchise fee for a franchise
for a telephone company. He noted that we will receive some income from World
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Comm's operation in the form of utility tax. With calls originating and terminating in
Kent, a full existing City utility tax will be applied to those calls and if calls originate in
Kent and leave the Kent boundaries, approximately one-half of that tax will be charged
to those calls.
Committee unanimously recommended approval of the Limited Street License
Agreement between the City and Metropolitan Fibre Systems of Seattle, Inc.
In response to Nujen's procedural question, Brubaker stated that we will need to obtain
appropriate signatures from World Comm - once signed by them we will bring it to the
full Council for approval and the Mayor's signature.
Riparian Habitat Program Grant i(IAC Grants
Wickstrom said that on the Barnier's property (22103 76th Ave South) we have been
looking to acquiring a conservation easement along Mill Creek. He said that we have
talked with the Barrier's and they are receptive. We have some Water Quality treatment
programs in the '98 budget for treatment of the outfall at the end of 4th Avenue which
may be on Barnier's property. The combination of acquiring a conservation easement
and that outfall treatment project could become the construction of a wetland treatment
facility similar to the lagoons. Wickstrom explained that there is some potential if we
get an Interagency Committee Grant for this project.
Committee unanimously recommended adopting a resolution to authorize application
for funding assistance for a conservation easement restoration/ and enhancement project
to the IAC for Outdoor Recreation as provided by the Riparian Habitat Program.
Union Pacific Railroad Franchise Ordinance
Brubaker explained that the City is preparing to complete construction of the S. 196th
Street Corridor project between West Valley Highway and Orillia Rd. We are under
construction with the bridge across the Green River now and are in the process of
obtaining all the necessary right-of-way. He said that immediately east of the Green
River, the road crosses a railroad spur track that serves a warehouse operated by Toys R
Us. That spur track is the subject of a franchise agreement with the City which expired
in 1991 and has not been re-executed. The City and UPRR have been at odds on that
franchise. By the terms of the expired franchise, if the City reconstructs or alters or
amends S. 196th St, UPRR will be responsible for rebuilding the spur to conform to the
new street.. He said however, since the changes we are making to S. 196th are so drastic
according to Union Pacific, they're asserting now that the franchise didn't contemplate
the dramatic change that's going to occur. Because we are nearing construction, we are
moving forward in trying to resolve this issue. We are seeking UP's agreement to
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reconstruct the spur in accordance with the Citys new road design.
Brubaker explained that he has prepared a new franchise for another 10 year period so
that they are legally using the railroad spur at that street location and it also states very
clearly that they have to mend their track to meet our new road design. If Union Pacific
chooses not to execute this franchise agreement then the City will go before the WUTC
and petition to close the spur. Our position would be that they are using our street
without any legal right to do so because their franchise expired. Brubaker noted that the
traditional position of the City with relationship with the railroad has been - where
mainlines are involved, the City pays to alter the track when we widen the street and
where spurs are involved, the railroad pays.
Committee unanimously recommended approval of the UPRR franchise ordinance to
cross S. 196th Street.
Meeting adjourned: 4:20 p.m.
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