HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 01/20/1998 CITY OF �D\Lr!2
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SUMMARY AGENDA
KENT CITY COUNCIL MEETING
January 20, 1998
Council Chambers
7 : 00 p.m.
MAYOR: Jim White COUNCILMEMBERS:
Sandy Amodt Tom Brotherton Connie Epperly
Jim Bennett Tim Clark Leona Orr
Judy Woods
CALL TO ORDER
FLAG SALUTE
ROLL CALL
1. PUBLIC COMMUNICATIONS
A. EMS Presentation
B. Proclamation - Jaycee Week
C. Legislative Update
D. Report on 1997 Asia Pacific Trade Exchange
E, F�-DRuA&Y 1.�- ✓Y- 5cffooL5 (iP3)E.P .8y 6R4771ER7-,0A1)
2 . PUBLIC HEARINGS
A. S. 188th St. Street Vacation
3 . CONSENT CALENDAR
A. Approval of Minutes
B. Approval of Bills
C. LID 349 - SE 223rd St. Sanitary Sewers - Ordinance -33ii8
D. 1997 Asphalt Overlays - Acceptance
E. Department of Ecology - Coordinated Prevention Grant -
Authorization
F. Mill Creek Relief Sewer Alternate Release System
Agreement - Authorization
G. Tacoma Intertie Water Supply Project Agreement -
Authorization
H. Glen Kara - Bill of Sale
I. Country View Estates Division II - Amended Bill of Sale
J. Kiwanis Tot Lot #4 - Accept as Complete
K. Hunters Grove Sanitary Sewer - Bill of Sale
L. 262nd Street Water Main Improvements - Acceptance
M. Benson Highlands Final Plat - Set Meeting Date
4. OTHER BU INESS SelOcE5 FoR �Eti'n tri-r w CJoo.DS (,9apE� lay &,IAK)
A. Election of Council President
B. Country Club North Division 2 Final Plat
C. Sound Transit Station Location
D. Regional Transit Authority - Interlocal Agreement
E. LID 348 - Interim Financing
F. 1997 Comprehensive Plan Amendments & Zoning Map Changes
G. Meridian Weft Frell-"1�4--ry Plat 11?4:m o vEV e y oRR.
5. BIDS >'1�'lNG 13AcK FOR a131(?8 mTG)
A. Interurban Trail Signals
6. CONTINUED COMMUNICATIONS
7. REPORTS
EXECUTIVE SESSION - Labor Negotiations
8. ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library.
An explanation of the agenda format is given on the back of this page.
Any person requiring a disability accommodation should contact the City in advance for more information. For
TDD relay service call 1-800-635-9993 or the City of Kent(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. EMS Presentation
B. Proclamation - Jaycee Week
C. Legislative Update
D. Report on 1997 Asia Pacific Trade Exchange
(ILE
J
Kent City Council Meeting
Date January 20, 1998
Category Public Hearincts
1. SUBJECT: S. 188TH ST. STREET VACATION STV-97-3
2 . SUMMARY STATEMENT: This public hearing has been set to
consider an application to vacate a portion of the South 188th
Street right-of-way located between 80th Place South and 80th
Avenue South which lies adjacent to the subject property, as
referenced in Resolution No. 1502 .
3 . EggIBITS: Staff report, map, application, and Resolution
No. 1502
4 . RECOMMENDED BY: Staff
(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 moves, Councilmember seconds
to approve/disapprove/modify the P4A�ning Director's recom-
mendation with conditions on the application to vacate a
b portion of S. 188th Street riint
of-way located between 80th
r Place South and 80th Avenue which lies adjacent to the
subject property, as refer ced in Resolution No. 1502 ; and to
Ic� L� ) direct the City Attorney o prepare the necessary ordinance
0 2'' upon compliance with t conditions of approval.
1 DISCUSSION•
ACTION•
Council Agenda
Item No. 2A
CITY of Z dJlSV
Jim White, Mayor
Planning Department (253) 859-3390/FAX(253) 850-2544
James P. Harris, Planning Director
January 20, 1998
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 188TH STREET (STV 97-3)
RECOMMENDATION: APPROVAL WITH CONDITIONS
I. Name of Applicant
Pacific Northwest Group A c/o Trammell Crow Company
1687 114th Avenue S.E., Suite 250
Bellevue, WA 98009
(425) 453-8600
II. Reason for Requesting Vacation
The applicant states, "A portion of the south 188th Street right-of-way located between 80th
Place South and 80th Avenue South lies adjacent to the subject property. The existing right-
of-way width is 30' -condition 913 of the MDNS (Mitigated Declaration of Nonsignificance)
issued on December 10, 1992. for the proposed development states that in lieu of providing
a right-of-way dedication, that portion of South 188th Street may be vacated subject to
approval by the City. Since access to the site is available from both 80th Place South and
80th Avenue South, the developer is requesting to vacate this portion of South 188th Street
to obtain the additional property."
III. Staff Recommendation
After reviewing comments from the following departments and agencies:
Public Works Department
The Public Works Department states that, "Under City Code, the
classification of S. 188th Street right-of-way is Class B which requires
compensation therefore as a condition of any street vacation thereof. Further,
] 041h VA'EVUF SOCTH 1 KENT.AY\SHISGTON i TELFPHONF,
STV-97-3
January 12, 1998
Page 2
the Springbrook Creek culvert crossing of S. 188th Street is inadequate to pass
the 100 year storm event and is a major constriction on the flow of the creek.
Upon finalization of this proposed vacation, said culvert, including its
maintenance and operation, would be the responsibility of the abutting
property owners..."
Police Department
Parks Department
Puget Sound Energy
U.S. West
and conducting our own review, the Planning Department recommends that the request to
vacate a portion of South 188th Street as mentioned in Resolution 1502 and shown on the
accompanying map, be APPROVED with the following conditions:
1. The City shall be compensated for the value of the right-of-way in accordance with
State law and that monies received therefore shall be deposited in the City's School
Pedestrian Walkways Fund(R36).
for utility purposes over, upon and under said
2. Either the City shall retain easements
vacated right-of-way, or the abutting property owners grant to the City easements for
utility purposes over, upon and under said vacated right-of-way.
1
3. The abutting property owners shall grant an easement or authorize the City to grant
an easement to any private utility company, such as Puget Sound Energy, U.S. West,
Cable TV and etc., that has existing facility within the right-of-way being vacated.
f 4. The applicant shall reconstruct the intersections of 80th Avenue South/South 188th
1 Street and 80th Place South/South 188th Street to eliminate access onto of off 80th
Avenue South and 80th Place South. Said reconstruction shall be in accordance with
�( City Standards or as approved by the Public Works Director. Said reconstruction
shall occur prior to or in conjunction with the issuance of any development permit
on any abutting property of this vacated right-of-way.
I' j. The applicant shall either remove the existing Springbrook Creek culvert crossing of
South 188th Street and re-slope the stream banks as approved by the Public Works
\ Director, or reconstruct said culvert crossing to the size necessary to pass the 100-
year- 24 hour storm event. Said removal or reconstruction shall occur to or in
conjunction with the issuance of any development permit on any abutting property
of said vacated right-of-way.
JPH\mw A:ISTV97.3
cc: Fred Satterstrom, Planning Manager
.,.//<,;T.�/',,/r;,:: a�aas'aalae,aae,ae,a�aaae•aae.aas•aa�lrra � r� f�lr�
PROPOSED STREET VACATION �
STV 9
S. 188TH STREET i
tiFr/
---- ----------- ----------------------- // 9..::.. ,
IF
SOUTH 188TH STREET - %-
. � s AREA PROPOSED TO BE VACATED
O �( 2530 CIO
-17
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MAIL TA.- AFaLIWNT: �4N'fiL n��F " �J/
Gerald B. McCaughan Nam-: '10 Trammell Crow Company '
CITY Of KENT .• •
220 So. 4th Ave. Address: 1687 114th Avenue SE Suite 250
Kent. WA 98032
Bellevue WA 98009
Phone: (425) 453-8600
STREET A1101011 P.l1EY YACATION APPLIC1TI011 AND PETI i!U
Dear Mayor and Kan= City Council:.
We. the undersigned abutting-proper-i armars. hereby T='peczfully request that
certain S. 188t4 hereby be vacated. ' (General Lacs tion)
Screst R.0.W- Legal Oescrfptlon
See •actachad 1M9al' desczipti0n ❑ a L u I EL
Cl-re OF KEN
Ctrf CLERK
gRi1='r'STATL� AHY YxG;TI01( Is Bnue SOusliT
&.,eGRTION OF THE SOUTS 188TR STREET Rz= OF WA LOCATED BETNEEN TO THE SUBJECT PROPERTY. THE ECZ80TEL'PLAG��F SAY
AHD 80TH AVENUE' SOUTH SGUM
LIES.ADJACENT STIZi
199Z FOR = PROPOSED
WTDTB IS 30` - CONDITION 13�OFFU OF PBI0VZDIDiG A BICHTTSSDED ON CFOF�RAY IDEDICATION, TEAT PORTI0N
DEVELOPItEIiT STATES T1iAT V SIIH. = TO UPROVAL BTITHE: C=- SINCE ACCESS,OF-SOU= 188TR STSe..I:T liAY HE AI'.ATID
TO SITE IS AVA=ABIZ FROX BOTH 80TS PLLCE SOUTH AND 80TH AOBT.Al13TT na ��0�'
IS BEQIIES. (; To VACATE. MMS PORTION OF SOUTH. 188T8 STY= TO _
PROPER=-
Sutfi .ant proof, ctQy of deed =ntr2C stc- SuPPcrtzd by King Caaat7/
T;% Rails shall ba sub=i=2d far.vcrif?=t:ian of signatures- Without
Ctese a 'CJRRO(T' the report shall be required. Nhen•Car9==an3.
Partnerships etc, are being signed far: then 7r f crf individual's
autftortty to sign for sam shall also be, subieltted-
Attach a color coded m= of a stile Of not less than 1' ' 2006 of ttm area
sought for vacztl on- (NOTE) lisp "'t•cartespand legal description. -
AHUTTIHSs PSDPERTY OI ms. TAX LOT
SIGNATURES AND AGORA Igriz LOT, 3LDCK b PuTISEC. Tug. Ra
* see attached
362304-90Z6' fKNCP P a.� IV d. yl
si nature block SE 36-23—G&Z
362304—gook (KNCP Phase III )
* see attache
SE 36-73-04E
signature block .
Si 50.0Q Fee Paid TraaSt[rer's Reeei p= —
;,l,pratsal Fee Paid Treasurar`s Receipt l:a.
Land Value PZ1d __ Treasurer's 3eceipt Ila.
William G. Williams III
Vice President,Equitable Real Estate Investment
Management, Inc., as Advisor to State of California Public
Employee's Retirement System.,Venturer, and as
Advisor to California State Teachers' Retirement System,
Venturer C l i'
L[LEI
Ci7Y CF ICC� —
C17Y
2D
SPECIAL POWER OF ATTORNEY �''.•�•I � 4. •.,37
(Leases)
Cily CF a +
07-y C 41
The undersigned, California State Teachers Retirement System
("CALSTRS") and State of California Public Employees ' Retirement
System ("CALPERS") , being the sole joint venturers in Pacific
Northwest Group A. a joint venture ("PNGA") , hereby appoint William
G. Williams III as the true and lawful attorney for CALSTRS and
CALPERS as joint venturers in PNGA, and in their name and stead,
and for their use and benefit to execute all leases of' PNGA real
Property, and all amendments, modifications, extensions and
terminations thereof, as well as any and all necessary or
appropriate related documentation for any and all real property now
or hereafter owned by PNGA.
Giving and granting unto our said attorney in fact full
authority and power to do and perform any and all other acts
necessary or incident to the performance and execution of the
Powers herein expressly granted with power to do and perform all
acts authorized hereby; as fully to all intents and purposes as
PNGA or the undersigned as its sole joint venturers might or could
do if personally present.
This Special Power of Attorney may be terminated as to real
Property located in a particular county by recording a written
instrument of revocation in the Office of the recorder or auditor
Of such county.
Dated this V (i day of
CALM
STATE TEACHERS,
RET EMENT SYSTEM
By: ` t1
Its: Chief lm;xestmen Officer
STATE OF CALIFORNIA PUBLIC
EMPLOYEES RETIREMENT SYSTEM
By:
Its Inv tment Officer
CITY OF KEy'
NOV 0 d t007
cc
C
STATE OF CALIFORNIA ) i39 7Do
) ss. C"1 CF
COUNTY OF SACRAMENTO ) CITY CLZw
On this day of
, �• Goa a not ub -; L I in the year 1991, before me,
personal y appeared ,,,p is in and for said county and state,
personally known to me
Person who executed this instrument as Chief u to be the
CALIFORNIA STATE TEACHERS ' Officer of
me that said public agency executed it.
and acknowledged to
WITNESS my hand and official seal.
o'27Car,sF.u.
ANNEiTE H.LOPES
CE
.ranwrv3ac.cuWi
'"�^ ►a TM9� 4tPublic id for the State
fornia.
STATE OF CALIFORNIA )
COUNTY OF SACRAMENTO } .
On this day 09�, in the Year 1991, before me,
a notary p 1ic in and for said county Personally appeared l,� -1 ��w .Z tY and state,
(or proved to me on the/basis of sans Personally known to me
Person who executed t�sstent asp; ° evidence) to be the
STATE OF CALIFORNIA PUBLIC EMPLOYEES investment Of-ices of
acknowledged to me that said public agencye executed it.IRMUNT SYSTEM, and
WITNESS my hand and official seal.
Notary `Rublic i. and T6� the State
of California.
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LEGAL DESCRIPTION
(South 188th Street Right-of-Way To Be Vacated) ��OF MKT
The North 30.00 feet of the Southeast quarter of the Southeast quarter of Section 313, Township
23 North, Range 4 East, W.M., lying West of Seth Place South, as conveyed to King County by
deeds recorded under Recording Nos. 3542123 and 3542124:
AND
That portion of the Southeast quarter of Section 38, Township 23 North, Range 4 East. W.M.,
more particularly described as follows:
COMMENCING at the Northwest comer of the Southeast quarter of the Southeast quarter of said
Section 36;
THENCE South 01° 47' 28" West, 30 feet to the TRUE POINT OF BEGINNING.
Said point being further described as lying North 01" 47' 28" East 1283.S3 feet from the
Southwasf comer of the Southeast quarter of the Southeast quarter of said Section 36;
THENCE South 88' 17' 48" East, 120 feet;
THENCE South 74. 10' 170 West, 99.72 feet to a point of norttangent curvature to the left;
THENCE along said curve to the left, having a radius of 25 fear~ the center of which bears South
01. 42' 1 r West, an arc distanca of 39.23 feet through a central angle_of 39" 54' 44-;
THENCE North 01° 47' 28' East. 55 feet to the TRUE POINT OF BEGINNING, as conveyed to
the City of Kent for street purposes under deed recorded under Recording No- 7501 Z20005.
RECEIVED PRQPEM ;ANAM.IENT
GATE
Ptojaec Kmc Norm CWporaM 15nr
November 21. 1997
D1Slsaubd
6171E-001
RESOLUTION NO.
A RESOLUTION of the City of Kent,Washington, regarding
the vacation of a dedicated, open portion of South 188th Street
located between 80th Place south and 80th Avenue South, and setting
the public hearing on the proposed street vacation for January 20,
1918.
WHEREAS, a petition, attached as Exhibit A, has been filed by various property
owners to vacate a dedicated, unopened portion of South 188th Street located between 80th Place
south and 80th Avenue South in the City of Kent, King County, Washington; and
WHEREAS, these property owners own at least two-thirds of the property abutting that
portion of South 188th 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 South 188th Street shall be held at a regular meeting of the Kent City Council at 7:00
p.m.,Tuesday,January 20, 19g8, 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 January 20, 19g8.
Passed at a regular meeting of the City Council of the City of Kent, Washington this
day of 4U L�, 1997.
Concurred in by the Mayor of the City of Kent, this 9 day of
1997.
, MAYOR
ATTEST:
BRENDA JACOBE CLERK
APPROVED AS TO FORM:
j4RE4RAL VICH, C
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 —I-day of
1997.
f3EAL)
P:vAW\REsoLUTrSTVACXI SM 4BRJ-=NDAJACO R, = CLERK
2
CONSENT CALENDAR
3 . City Council Action:
Councilmember h�- moves, Councilmember be approved.
secondi2dthat Consent Calendar Items A through pp
Discussion
Action �ryiT / iJh%J
3A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of
January 6, 1998.
3B. Approval of Sills.
Approval of payment of the bills received through December 15
and paid on December 15, 1997, after auditing by the Operations
Committee on December 16, 1997
Approval of checks issued for vouchers:
Date Check Numbers Amount
12/15/97 193179-193420 $ 698, 295. 72
12/15/97 193421-193995 1, 644 , 272 . 31
$2 , 342 , 568. 03
Approval of payment of the bills received through December 31
and paid on December 31, 1997 , after auditing by the Operations
Committee on January 61 1998.
Approval of checks issued for vouchers:
Date Check Numbers Amount
12/31/97 193996-194249 $1,485, 912 .40
12/31/97 194250-194608 1, 774 , 143 . 09
$3 , 260, 055. 49
$5, 602 , 623 . 52
Approval of checks issued for payroll for December 15 through
December 31, 1997 and paid on January 2 , 1998:
Date Check Numbers Amount
1/2/98 Checks 224733-224998 $ 219 , 607.41
1/2/98 Advices 53561-54061 659 , 340. 21
$ 878,947 . 62
Council Agenda
Item No. 3 A-B
Kent, Washington
January 6, 1998
Regular meeting of the Kent City Council was called to order at
7 : 00 p.m. by Mayor Pro Tem Woods. Present: Councilmembers
Amodt, Brotherton, Clark, Epperly, Orr and Woods, Operations
Director/Chief of Staff McFall, City Attorney Lubovich, Fire
Chief Angelo, Police Chief Crawford, Public Works Director
Wickstrom, Planning Director Harris, Parks Director Hodgson, and
Finance Director Miller. Councilmember Bennett was excused from
the meeting. Approximately 70 people were in attendance.
PUBLIC Oath of Office. The Acting City Clerk adminis-
COMMUNICATIONS tered the Oath of Office to Councilmembers Amodt,
Brotherton and Clark. (Councilmembers
Brotherton and Clark were officially sworn in
on December 29, 1997, and Councilmember Amodt
was officially sworn in on December 30, 1997)
Mayor Pro Tem Woods commended the new council-
members for all their hard work and commitment to
serve on the City Council.
Employee of the Month. Mayor Pro Tem Woods
announced that Wayne Yotsuuye, a fire mechanic
with the Kent Fire Department, has been selected
as January Employee of the Month. She noted that
Wayne demonstrates a positive team spirit, a Can-
do approach, and that he produces timely and
quality results. She pointed out that Wayne was
instrumental in enabling the Fire Department to
perform acceptance tests on newly delivered fire
apparatus while keeping the existing apparatus
response ready. She also noted that during the
absence of his supervisor, Wayne stepped up to
the challenge to meet the unusual operational
needs of the department. Woods noted that pro-
fessional standards met and exceeded, pride in
workmanship, and personal acceptance of responsi-
bility are three reasons why Wayne Yotsuuye
shines as an exemplary City employee and valuable
team player in the Fire Department. She then
presented him with a plaque.
Chief Angelo noted that it is not uncommon for
Wayne and his supervisor to climb under an
apparatus while it is pumping at a fire to
correct something that was going wrong. He noted
that Wayne takes pride in the public' s investment
and makes it possible for firefighters to know
with confidence that those machines will perform
extraordinarily simply because of the dependa-
bility. He noted that both Wayne and his
supervisor, Tom Arnson, do this with a great
deal of pride and without much recognition.
1
Kent City Council Minutes
January 6, 1998
PUBLIC
Introduction Of ""'^r anncintess. Mayor Pro
COMML7NICATIONS Tem Woods introduced Terry Zimmerman who is the
Mayor's appointee to the Land Use and Planning
Board. Orr also introduced Dr. Woods who has
been appointed to the Drinking Driver Task Force.
CONSENT ORR MOVED that Consent Calendar Items A through
CALENDAR L be approved. Clark seconded and the motion
carried.
MINUTES (CONSENT CALENDAR - ITEM 3A)
Approval of Minutes. Approval of the minutes
of the regular Council meeting of December 9 ,
1997 and of the Special Meeting minutes of
December 231 1997 .
HEALTH & (CONSENT CALENDAR - ITEM 31) AUTHORI-
SANITATION CouIItry Estates Condominiums Phase II.
ZATION to accept the bill of sale for Country
Estates Condominiums, Phase II submitted by
Island Construction Company for continuous
operation and maintenance of 395 feet of water-
main and 372 feet of sanitary sewer and release
of bonds after the expiration period, as
recommended by the Public Works Director. The
project is located at 124th Avenue S.E. and S.E.
272nd Street.
(CONSENT CALENDAR - ITEM 3J)
Country View Estates II. AUTHORIZATION to accept
the bill of sale for Country View Estates II
submitted by Shamrock Development for continuous
operation and maintenance of 520 feet of water-
main, 480 feet of sanitary sewer and 11074 feet
of storm sewer improvements, and release of bonds
after the expiration period, as recommended by
the Public Works Director. The project is
located at S.E. 226th Street & 100th Avenue S.E.
SIDEWALKS (CONSENT CALENDAR - ITEM 3K)
997 Sidewalk Rehab (West Gowe and North State
Avenue) . ACCEPT as complete the 1997 Sidewalk
Rehab (West Gowe and North State Avenue) project
and release of retainage to Gary Merlino
Construction upon standard releases from the
State, and release of any liens, as recommended
by the Public Works Director. The original
contract amount was $376, 571.25 . The final
project cost was $365, 493 .47 .
2
Kent City Council Minutes January 6, 1998
LID 349 (PUBLIC HEARING - ITEM 2A)
LID 349 - 8 E 223rd Street Sanitary Sewers.
This date has been set for the public hearing to
establish the formation of LID 349, S.E. 223rd
Street Sanitary Sewers.
Public Works Director Wickstrom noted that this
project is located near the northeasterly
boundary lines of the City, outside of Kent, but
within Kent' s franchise sewer service area. He
explained that the LID was petitioned by the
property owners because of the problems asso-
ciated with their septic system. He noted that
the area is in an existing residential develop-
ment primarily with small lots on the north side
of 223rd and some larger lots which were not
involved in the original plat. He noted that,
because of the health issues associated with
failed septic systems, the City is involved in
providing some capital up front to pay for the
properties that could subdivide. He explained
that the City will assess those properties as
single-family residences for now and charge in-
lieu-of assessment, with an added fee for the
additional lot, later.
Wickstrom informed Council that the sewer line
will service 22 lots with one connection per lot,
and that the total cost for each lot would be
$8, 498.70 per connection. He noted that a public
meeting was held with the property owners inform-
ing them of the assessment costs, and that 54% of
them still expressed support of it so the Public
Works Committee proceeded with the formation of
the LID. He noted that the total project cost is
$246,463 . 46 with $186, 972 . 28 from LID funds and
$59,491. 18 from City funds. He explained that
the City' s portion would be taken from the
miscellaneous sewer funds.
Wickstrom noted that a 60% protest would be
needed to kill an LID once the process has been
started, but that Council has the right to deter-
mine if a situation is a real health issue and
then proceed with the formation of an LID against
all protests, if necessary. He noted that this
project is in the city' s future annexation area,
not in the City limits, and that the property
owners, upon connection, would be required to
sign no-protest annexation covenants when obtain-
ing a sewer permit. He explained that when one
3
Kent City Council Minutes
January 6, 1998
LID 349 sewer is available official notification is sent
to the other property owners stating that sewer
connections are available and that they are
obligated to connect. He noted that if property
owners choose not to connect they still pay a
penalty charge which is essentially the monthly
sewer bill. Wickstrom explained that the Health
Department has a right to order the connection if
a problem exists with a current system. He noted
that an LID establishes a payment mechanism for
the property owners to pay off their assessments
over a period of ten years, which is 1/10 of the
principal amount over that ten year period plus
interest on the unpaid balance.
Upon Clark' s question, Wickstrom explained that
every LID has someone who doesn't respond but
that the City essentially has to go with the
information they have and proceed. Mayor Pro Tem
Woods then declared the public hearing open.
Beth Johnson, 22320 113th Place SE, Kent, noted
that she is the one who petitioned the City, and
that the original petition was for 113th Avenue
SE and 113th Place SE which encompasses 223rd
also. She explained that signatures were ob-
tained from all but two properties on her street
because both occupants of one home were in the
hospital while the other property owner was out-
of-town. She explained that they purchased their
property a year ago from a Real Estate agent who
had done extensive work on the septic system
repairing three different lines in their field
and also using a new technique which incurs a
machine blowing air into the ground and then
styrene balls to keep the ground separated for a
better drainage system. She noted that during
heavy rains their house still fills with septic
fumes that produce the odor of an open drain and
that a terrible drainage problem exists in their
area. She noted that her house is located on the
top of the hill and has a water level of 3 feet
below surface but the homes on 113th Avenue SE
which are hers have even worse problems. She
noted that most of the people have been extremely
supportive of the LID especially those on 113th
Avenue.
There were no other comments. ORR MOVED to close
the public hearing. Clark seconded and the
motion carried.
4
Kent City Council Minutes January 6, 1998
LID 349 CLARK MOVED to direct the City Attorney to
prepare the necessary ordinance creating the
formation of LID 349 , S.E. 223rd Street Sanitary
Sewers. Orr seconded and the motion carried.
Upon Woods question, Wickstrom explained that
once the ordinance is passed and the LID becomes
official, it's up to the City to get the sewers
constructed. He noted that top priority will be
given to this project because of the health issue
and because it's a small enough project it could
be done relatively early. He noted for the
Council that the earliest time would be when the
groundwater is low so the City can get the best
contractor price for the project which would be
sometime this summer.
PLATS (CONSENT CALENDAR - ITEM 3F)
Country Club North Division 2 FSU-97-6. SET
January 20, 1998, as the date for a public
meeting to consider a final plat application by
Baima & Holmberg, Inc. The preliminary sub-
division was approved by King County but with the
Meridian Valley annexation the final plat came
under Kent's jurisdiction. This plat is 2 . 92
acres in size, consists of 11 lots, and is
located east of 140th Avenue S.E. at S.E. 263th
Street.
(OTHER BUSINESS - ITEM 4A)
Cherrywood Lane Final Plat FSU-95-9. This is an
application for the Cherrywood Lane Final Plat.
The subject project is 4 .73 acres in size and is
located at 26235 114th Avenue S.E. The City
Council approved the Cherrywood Lane preliminary
plat on June 18 , 1996.
Satterstrom explained that the plat name had to
be changed slightly because another development
had been given the name of Cherrywood Plat; and
that King County will not record it with the same
name. Upon Orr's question, Satterstrom clarified
that the number of conditions should be the same
as that listed in the Hearing Examiner' s report.
Orr noted that according to the Council minutes
of 6/18/96 , it says that there were 25 condi-
tions. He stated that it would be the number
that is in the decision of the Hearing Examiner.
5
Kent City Council Minutes January 6, 1998
PLATS ORR MOVED to approve the staff' s recommendation
for the Cherrywood Lane Final Plat FSU-95-9 as
conditioned by the Hearing Examiner. Epperly
seconded and the motion carried.
(OTHER BUSINESS - ITEM 4B)
Glenn Kara Final Plat/Re-Plat FSU-96-13. This is
an application for the Glenn Kara Final Plat/Re-
plat. The subject subdivision is nine (9) acres
in size and is located at 9840 S. 222nd Street.
The City Council approved the Glenn Kara re-plat
preliminary plat on July 2 , 1996.
ORR MOVED to approve the staff's recommendation
for the Glenn Kara Final Plat/Re-plat as con-
ditioned by the Hearing Examiner. Epperly
seconded and the motion carried.
SHORELINE (CONSENT CALENDAR - ITEM 3E)
MASTER D.O.E. Grant for Kent Shoreline Master Program.
PROGRAM AUTHORIZATION for the Mayor to sign the
Department of Ecology (DOE) grant agreement,
as recommended by the Planning Committee.
TRANSPORTATION (OTHER BUSINESS - ITEM 4C)
(ADDED ITEM)
Sound Transit (RTA) Site Location. Gary Stewart,
404 North Railroad, noted that he is a business
owner and a resident of Kent. He expressed his
concern for the location of the proposed rail
station, and stated that the Council has the
authority to inform the Regional Transit
Authority (RTA) of where the citizens of Kent
would like it placed. He explained that the RTA
will make the final decision but that they prefer
it be decided at the local level. Stewart urged
the City Council to listen to the people and
notify the RTA of their preferred site location.
Stewart noted that the Council received a
shortened version of the RTA' s reports but, after
reviewing the full report, he found holes in it.
He pointed out that the report shows only three
businesses need to be relocated in the north site
when there are really nine that he is aware of.
He explained that the engineering group who did
the count in the south site also counted the area
on the west side of the Burlington track, which
is a proposed future parking lot. He stated that
the report numbers seem to be skewed, and he
6
Kent City Council Minutes January 61 1998
TRANSPORTATION again urged the Council to notify the RTA about
the south site preferred location. Woods noted
that for the last year or two the Council has
been told that they could put forth recommenda-
tion(s) but, in the final analysis, the RTA would
make the decision. She explained that she is in
favor of putting forward the Council' s very best
recommendation if necessary but, if the Council
is permitted to put forward the site most
preferred and the RTA will buy into that site,
then she wants to do it.
Val Batey, Project Development Manager for the
Community Rail Project, clarified for Woods that
the RTA will make the final decision. She noted
that the RTA is in the process of finishing the
environmental review of the entire Seattle to
Tacoma line for commuter rail which includes a
station in downtown Kent. She explained that the
RTA is looking at two alternative sites in Kent
which are commonly known as the north and south
sites. She noted that public and agency comments
are being sought on a draft environmental assess-
ment that has been circulated, and that there are
volumes of technical reports which backup the
environmental assessment. She explained that the
comment period has been extended to January 30th
because of printing problems. Batey explained
that three informal public meetings have been
scheduled and that public comment as well as
written comments are welcome. She noted that one
is scheduled in Kent on Tuesday, January 13th, in
the Council Chambers from 4 : 30 p.m. to 7: 00 p.m.
Ms. Batey noted that Sound Transit is responsible
for spending public money in an efficient, and
effective manner, with the ability to determine
where to purchase land and build facilities that
best suit the operations of their system. She
explained that Sound Transit, however, doesn't
want to just plop down without consulting the
community and the people who represent it so they
have attempted to work through the community' s
framework to find the site that is best for all
of the parties involved. She noted that certain
requirements have to be met which are absolute on
how a commuter rail system is operated, and that
each city has been slightly different. She noted
that the final document will have a preferred
station site indicated for both Kent and Tukwila,
7
Kent City Council Minutes
January 6, 1998
TRANSPORTATION who still have alternate site locations avail-
able. She explained that the document will be
approved by the RTA Board prior to being sent to
the Federal government with a request for funds
which will start the design and build process.
She noted that a letter was received by the Kent
City Council requesting the RTA to consider the
south site in addition to the north site which
was then added to the scope of the work. Upon
Woods question, Ms. Batey explained that the
Sound Transit pursued the north site because of
budget and time limitations until it became
apparent that considerable interest was being
shown for the south site. She noted that the
scope of work was redone to give the south site
the same consideration. Batey clarified for
Woods that the date for final comment from the
City of Kent would be January 30th, in order to
present a document to the RTA Board at their
February 19th meeting indicating the preferred
site. Woods stressed that the meeting scheduled
for January 13th remains very important, and she
suggested that the next Council meeting could be
an important avenue for the Council to make one
final statement as to its feelings on this issue.
Orr noted that some traffic studies have been
done within the City which show traffic numbers
and what the impacts might be. She noted that
the Council needs more information of the costs
to relocate businesses or buildings, and that the
south site is the one most supported. Orr
explained that when the Council found out the
only site being considered was the north site,
they decided to send the RTA a letter because
there was considerable concern from the Planning
Committee. She concurred with Woods that the
Council needs to know if action would make an
important difference in the decision. Ms. Batey
noted that Council's preferred site location is
an important consideration in the RTA' s decision,
even though the RTA will make its decision
independently. She noted that communication to
the RTA is very important especially in the time
frame between now and January 30th. She noted
that the RTA had originally been tracking the
downtown planning process and had a sense that a
preferred site would come out of that process.
She noted that when it didn't happen, they
continued on at a staff level reviewing the
8
Kent City Council Minutes January 6, 1998
TRANSPORTATION merits of the two sites and moving toward the
north site until they were made aware of the
concern through the council' s letter.
Orr expressed that it was important for the
members of the public to understand that from the
Land Use and Planning Board a recommendation came
that both sites be looked at and that a preferred
site recommendation was not given even though the
vast majority of the testimony they received
supported the south site. She explained that the
Land Use and Planning Board chose not to make a
recommendation and sent it to the Council to
review both sites. She noted that the City has
been working on the downtown plan for a con-
siderable time but, the reason why it hasn't
moved forward is because if the station is placed
somewhere else, the City would have to go back
and revise the downtown plan. Orr noted that
they have been working with the idea that when
the decision is made then the downtown plan could
be finalized. She noted that it never occurred
to the Council that if they went ahead and made
some of those decisions perhaps it would have an
impact on the RTA Board' s decision.
Batey noted for Clark that the RTA is working
with King County Metro to relocate all of the bus
routes from the existing park-n-ride lot to the
commuter rail station so that there is a compre-
hensive transit center for all of the transit
services to meet in one place. She explained
that Metro cannot do the final route planning
until a rail site is chosen. She noted that a
Regional Express Route will be provided by the
RTA to serve the station site. She noted that it
is not possible to pin down the Metro routes
right now. Clark noted that the heavy impact of
bus traffic on Central Avenue is one of his
primary concerns. Batey noted that there are
service planners with Metro who are responsible
for Kent and should be able to give the Council a
sense of what it would be. She noted that Metro
will be working this Spring on the schedule.
Upon Clark' s question, Batey noted that Metro' s
projection would probably be ten years out but
that, they have a plan that allows them to adjust
it every six years to look at the next ten years.
9
Kent City Council Minutes January 6, 1998
TRANSPORTATION Epperly noted that this issue has been a long
process and that Council has been involved in it
since the beginning. She noted that citizen
input is lost when the process is long, and that
Council needs to speak for the citizens that have
been involved, past and present, who have put so
much into this effort. Brotherton noted that the
majority of Council strongly support the south
site and that those wishes should be sent to the
RTA Council as soon as possible.
Woods thanked Ms. Batey for dealing with the
Council' s frustrations this evening. She ex-
plained that the Council is very process oriented
and not adverse to making decisions when they
know that it is the Council's position to do
that. She explained that the City Council would
have proceeded sooner and indicated their strong
preference if the process indicated that it was
appropriate. She suggested that the Council
consider this issue in the Planning Committee,
schedule a meeting, bring it back to the next
Council meeting, and be on the public record as
strongly opposing one site or the other. Woods
asked Council if the Planning Committee Meeting
process is acceptable to them for this issue and
there were no objections. Ms. Batey asked
Council to contact her if there is other informa-
tion she could provide. Ms. Batey noted that if
each member of Council would like a copy of the
full technical report she would provide it to
them.
Woods noted that the Council is going to esta-
blish a process for the Planning Committee and
for Council at the next meeting, but Council is
not taking any action this evening.
Don Shafer noted that he became involved in the
Downtown Core Plan in February, 1997 and has
attempted to attend all of the public meetings on
the subject since then. He noted that the file
is voluminous and that the information includes
correspondence, regulations, comp plans, informa-
tion from the State and information from the RTA
including both the environmental assessment and
the SEPA Checklist combination document together
with the technical appendix. He noted that he
has been through meetings, conversation and
correspondence with staff at the RTA to learn
10
Kent City Council Minutes January 6, 1998
TRANSPORTATION about their process for the south corridor
portion of the commuter rail. He noted that the
north portion from Seattle to Everett is also in
the environmental process but that a full EIS
will be done on that. Shafer noted that the City
currently is talking about some grade separations
for railroad crossings in their 6-year improve-
ment plan and that the recent conclusion was that
James Street would be the most logical spot. He
noted that problems will develop from grade
separations if the north site is chosen, and he
pointed out that these separations are not
discussed in the current environmental review.
He stated that he supports the south site
location.
Jim Bitando, 106 E. Titus, noted that he recently
obtained and reviewed a copy of the RTA report,
and that the report doesn't indicate any out-
standing flaws in either the north or south site.
He noted, however, that he supports the south
site even though his business will have to be
moved. He explained that the south site pre-
ference gives the City a chance to do some things
with the downtown area that the north site does
not allow. He indicated that all of the economic
impact information is missing from the report,
and that the City's 1997 plan should have in-
cluded more investigation into which site would
be economically good for the City. He noted that
a consultant could make a thumbnail sketch of
what the cost would be to move the businesses and
project a cost basis. He noted that a design
criteria needs to be decided because without a
design, it's hard to get behind something and
make it work.
Mr. Thuringer, 858 1st Avenue North, noted that
he is thoroughly confused about this issue even
though he doesn't really have a preference for
the north or south site. He noted that the
involvement dwindled and that there are many
loose ends on this issue. He noted that a
picture or drawing of this project is worth
more than a stack of forms and reports.
Woods noted that this item will be considered
again on Tuesday, January 20th both in the
Planning Committee and the Council meeting.
11
Kent City Council Minutes
January 6, 1998
TRANSPORTATION Orr noted that the information received from a
traffic count could be very important and helpful
if it' s reviewed by Council before January 13th.
Epperly noted that the rail station was one of
the Council's 1997 Target Issues but that over
the course of a year Council lost sight of what
it had originally planned to do.
Orr assured Mr. Stewart that this item will get
to the Council on January 20th.
ZONING CODE (CONSENT CALENDAR - ITEM 3C)
AMENDMENTS Water Treatment Facilitv Zonina Code Amendment
ZCA-97-8. ADOPTION of Ordinance No. 3386
modifying the definition of "hazardous substance
land use facility" in Section 15. 02 . 178 of the
Kent City Code and modifying the types of uses
identified as general conditional uses in Section
15 . 08 .030 (B) (1) . The City Council approved this
Zoning Code Amendment on December 91 1997 .
(CONSENT CALENDAR - ITEM 3D)
Churches in M 2 Zoning District Zoning Code
Amendment ZCA-97-9. ADOPTION of Ordinance
No. 3387 to allow churches in the M-2 zoning
district, under Section 15. 04 . 180(B) of the Kent
City Code. The City Council approved this Zoning
Code Amendment on December 9, 1997 .
COUNCIL (CONSENT CALENDAR - ITEM 3L)
(ADDED BY COUNCILMEMBER ORR)
Excused Absence. APPROVAL of an excused absence
from tonight' s meeting for Councilmember Bennett.
APPOINTMENTS (CONSENT CALENDAR - ITEM 3G)
Land Use and Planning Board. CONFIRMATION of the
Mayor' s appointment of Ms. Terry Zimmerman, a
West Hill resident, to serve as a member of the
Land Use and Planning Board. Ms. Zimmerman is
employed as Children' s Program Coordinator at
Valley Medical Center and her background is in
human services. However, she is interested in
becoming more active and involved in the com-
munity. She has served on the Board of
Children' s Home Society, Co-chaired the South
King County Family Support Consortium, is
currently President of the South King Council of
Human Services as well as many others. She was
also the recipient of the annual award for
Outstanding Leadership from the South King
Council of Human Services in June of this year.
12
Kent City Council Minutes January 6, 1998
APPOINTMENTS (CONSENT CALENDAR - ITEM 3H)
Drinking Driver Task Force. CONFIRMATION of the
Mayor's appointment of Councilmember Judy Woods
to serve as a member of the Kent Drinking Driver
Task Force. Dr. Woods has also been designated
to serve as Chair of the Task Force.
FINANCE (CONSENT CALENDAR - ITEM 3B)
Approval of Bills. Approval of payment of the
bills received through November 26 and paid
on November 26, 1997, after auditing by the
Operations Committee on December 2, 1997 .
Approval of checks issued for vouchers:
Date Check Numbers Amount
11/16/97 192627-192818 $ 317, 590.66
11/26/97 192819-193178 1,730 , 047 .95
$2 , 047 , 638. 61
Approval of checks issued for vavroll for
November 16 through November 30 and paid on
December 51 1997, with additional checks issued
for December 1 through December 15 and paid on
December 19 , 1997 :
Date Check Numbers Amount
12/5/97 Checks 224135-224464 $ 289, 035.43
12/5/97 Advices 52436-53046 820, 684 . 15
$11109,719 . 58
12/19/97 Checks 224465-224732 $ 237, 168. 35
12/19/97 Advices 53047-53560 716 , 617 . 52
$ 953 , 785.87
REPORTS Council President. Woods announced that the
Suburban Cities Association general membership
meeting is January 14, 1998, at Mercer Island.
She asked the Council to notify Ms. Banister
immediately if they were interested in attending
the meeting.
Public Works Committee. Clark noted that the
Public Works Committee will hold a meeting in the
Council Chambers on Wednesday, January 7th.
Planning Committee. Orr noted that there will be
a meeting on Tuesday, January 20, at 4 : 00 p.m.
13
Kent City Council Minutes January 61 1998
REPORTS Administrative Reports. Operations Director
McFall noted that there will be an executive
session of approximately 10 minutes to discuss
two items of property acquisition. He also noted
that action is anticipated on one of the items.
EXECUTIVE The meeting recessed into Executive Session at
SESSION 8 : 20 P.M.
The meeting reconvened at 8: 36 p.m.
(Property CLARK MOVED to authorize the purchase of
Acquisition) residential property on the northwest corner of
108th & 274th from the 277th Corridor Project
Funds pursuant to the terms of the agreement
between the City and the property owner, and
subject to the final approval of the terms by the
City Attorney. Epperly seconded and the motion
carried.
ADJOURNMENT The meeting was adjourned at 8: 38 p.m.
sozxa-jz��
Donna Swaw
Acting City Clerk
14
Kent city Council Meeting
Date January 20 1998
Category Consent Calendar
1. SUBJECT: LID 349 - SE 223RD ST. SANITARY SEWERS - ORDINANCE
2 . SUMMARY STATEMENT: Adoption of Ordinance No. 33�
establishing the formation of LID 349 - SE 223rd St. Sanitary
Sewers, as recommended by Council on January 6, 1998.
3 . EXHIBITS: Public Works Director memorandum and ordinance
4 . RECOMMENDED BY: Cit Council
(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
DEPARTMENT OF PUBLIC WORKS
December 11, 1997
TO: Mayor and City Council
FROM: Don Wickstrom t�
RE: LID 349 -SE 223rd Street Sanitary Sewer (113th Ave SE to 114th Pl. SE)
January 6, 1998 has been scheduled for the formation hearing for the above referenced LID project.
BACKGROUND
The City has received a petition for the installation of sanitary sewers on SE 223rd Street northeast of the
curves on Benson Highway (SR 516) as shown on the attached map. Subsequently, all property owners
within the project area were contacted and there appears to be adequate support to proceed with the
formation of the LID.
Initially, properties in addition to the area covered by the petition were contacted and asked to complete a
questionnaire expressing interest or disinterest in the project. The final LID boundary was based on the
responses with properties on 114th and I I5th Place SE being deleted.
For the revised boundary, 12 (5454%) expressed interest. There were 5 (22.27%) that responded that they
did not want the project in addition to 5 that did not respond.
It is not known how many septic systems are technically in a state of failure, however input received
indicates that water problems in the area make it difficult for septic drain fields to function properly.
Several other comments were received. One owner thought it would be helpful if retired people on fixed
incomes would get a small break on the assessment, although he was still in favor. Another replaced his
drain field about 8 years ago and doesn't want the expense, however he suspects the entire area is having
septic problems. Another owner needed the sewer 30 years ago and couldn't get it but doesn't want the
expense at this time.
The Resolution of Intent was approved by City Council on December 9, 1997 which set the hearing date for
January 6, 1998.
PROPOSED IMPROVEMENTS
The proposed project is the construction of an 8" sanitary sewer system wiih one 6" side sewer stub to the
right-of-way line for each of the 22 properties included in the LID boundary.
T/NIV97331 Page I of
The construction will include 8" sewer at the following locations: (see attached map)
ON FROM TO
SE 223rd St Approx. 200 feet west 114th PI SE
of 113th Ave SE
113th Ave SE SE 223rd St 223rd PI SE
223rd PI SE 113th Ave SE West to end
I I3th PI SE SE 223rd St South to end
Also included is street and general restoration.
PROJECT FUNDING
LID $186,972.28
CITY 59,491.18
TOTAL $246,463.46
The LID share is composed of 22 assessments of$8,498.74 each.
This is an LID project, however City funding is being proposed for several reasons.
There are two properties on the north side of SE 223rd Street as shown on the map that are not included in
the LID. These properties are currently in Soos Creek Water and Sewer District, therefore we can't include
them in the LID. However, due to the circumstances, they should be serviced by Kent if a sewer is installed
on SE 223rd Street. The City proposes to fund the cost attributable to these parcels and establish a Charge
in Lieu of Assessment. Should these properties hook up in the future, they would pay a charge equal to the
per house LID assessment to reimburse the City. In any event, the LID assessments are reduced as there are
two additional properties to share in the cost.
Five of the properties currently with one house,are of sufficient size to allow further development. For
assessment calculations, these properties are considered as two connections since it appears that at least one
additional home could be constructed and connected to the sewer on South 223rd Street. The City proposes
to fund the cost of the second connection and establish a Charge in Lieu of Assessment which would be paid
should an additional connection be made in the future. This procedure minimizes the initial assessment for
these larger properties making it more feasible for the property owner to support the LID. especially if they
do not have development plans. However, should they have the need for additional connections. they will
be required to pay an appropriate share.
METHOD OF ASSESSMENT
Each property within the LID boundary receives an equal share of the total based on one residential side
sewer connection per parcel.
T/MV97331 Page'_ of
PAYMENT OF ASSESSMENT
Upon Council passing the Ordinance confirming the Final Assessment Roll, there is a 30-day period in
which any portion or all of the assessment can be paid without interest charges. After the 30-day period,
the balance is paid over a ten-year period wherein each year's payment is one-tenth of the principal plus
interest on the unpaid balance. The interest will be what the market dictates.
SUPPORT FOR LID 349
To defeat an LID proposal, there must be protest from property owners representing 60 percent or more of
the proposed LID assessments. The total project cost for calculating protest percentage is S 186,972.28 for
which the 60% protest amount would be $112,183.37.
As indicated previously, there appears to be sufficient property owner support for the project with 54.54%
expressing interest through the questionnaire process. Should this level of support continue through the
public hearing process, it will then be a City Council decision whether or not to proceed with the LID
formation process and approve the LID formation ordinance.
ANNEXATION TO CITY
The proposed LID is located outside of the Kent City limits but within our sewer franchise boundary.
These properties will not be required to annex to the City prior to the LID formation. However, each person
applying for a sewer permit will be required to execute an Annexation No Protest Covenant. This means
that in the case of an annexation attempt, they will be counted as a "yes" vote and once enough covenants
have been signed, an annexation could proceed.
MANDATORY SEWER CONNECTION
The City Code states that all residences whether within or outside the City limits, located within 200 feet
of a City of Kent sanitary sewer shall be required to connect to the sewer and shall be billed for the service.
The Code provides that compliance with this provision be within 90 days after the date of official notice to
do so. In the case of a public health or safety hazard compliance shall be within 20 days of official
notification.
Following construction of the project, should the LID be formed, the City will send each property owner
an official notice that the sanitary sewer service is available to the parcel and is within 200 feet of the house.
Following the compliance period, all properties which have not yet applied for a side sewer permit will
automatically be added to the sewer billing list.
EASEMENT AND RIGHT-OF-WAY ACQUISITION
The project will not require acquisition of easements or right-of-way. However. a King County Right-of-
Way permit will be required.
T'MV97331 Page ; of 3
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O1/18/98 12: 28 FAX 206 447 9700 F P & S 1�]002
CITY OF KENT, WAS14INCTTON
ORDINANCE NO.
AN ORDINANCE ordering the construction of an 8" sanitary sewer
system along SE 223rd Street from approximately 113th Avenue SE to 114th
Place SE, with 6" side sewer stubs and related improvements, all in accordance
with Resolution No. 1501 of the City Council; establishing Local Improvement
District No. 349 and ordering the carrying out of the proposed Improvement;
providing that payment for the improvement be made in part by special
assessments upon the.property in the District, payable.by the mode. of "payment
by bonds"; and Providing for the issuance and sale of lor,-d improvement district
warrants redeemable in rash or other short-term financing and local improvement
district bonds, and for interfund loans.
WHERLkS, by Resolution No. 1501 adopted December 9, 1997, the City COuncll
declared its intention to order the construction of an 8" sanitary seR'er System slope SE 223rd
Street from approximately 113th Avenue SE to 114th Pla:.e SE, with 6" side sewer stubs and
related improvements, and fixed January 6, 1998, at 7:00 p.m., local time, in the Council
Chamhcrs of the City Hap.as thn time and Plane fnr hearing all matters relating ro the proposed
improvement and all comments thereon and objections thereto and for determining the method
of payment for the improvement: and
WHEREAS, the City's Director of Public Works caused an estimate to be made of the
cost and expense of the proposed improvement and certified that estimate to the City Council,
together with all papers and information in his possession touching the proposed improvement,
a description of the boundaries of the proposed local improvement district and a statement of
whit portion of the.cost and expense.. of the improvement shDuld be borne by the property within
the proposed district; and
WHEREAS, that estimate is accompanied by a diagram of the proposed improvcmcnt
showing thereon the lots, tracts, parcels of land, and other property which will be specially
2319721.01
00s
01/16/98 12: 28 FAX 208 447 9700
F F & S
benefited by the proposed improvement and the vitimated cost and �.cpense thereof to be borne
by each lot, tract and parcel of land or other property; and
WHEREAS, due notice of the above hearing was given in the manse*Prcrvidrd by law,
and the hearing was held by the City Council on the date and at the time above mentioned, no
nhjrct.ions to the proposed Improvement were made and all persons appearing at such hearing
and wiRhing to be heard were heard; and
WHEREAS, the City Council has determined it to be in the best interests of the City that
the improvement as hereinafter describr.0 he, rttrieA out and that a local improvement district
be created in connection therewith; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES ORDAIN
as follows:
rtion t. The City Council of the City of Kent, Washington (the "City"), ordors the
ro,trnntinn of an A" sanitary sewer system along SE 323rd Street from approximately 113th
Avcnuc SE to 1 ldth Placr.SF,, with 6" side sewer stubs and related improvements, as More fully
described in Exhibit A attached hrrrin and by this reference incorporated herein.
All of the foregoing shall be in accordance with the plans and gPP.cific.,ations therefor
prepared by the Director of Public Works of the City, and may be tnodificd by the.City Council
as long as such modification does not affect the purpose of the improvement,.
Sectio 2. There is created and established a local improvement district to be called
Local Improvemenr District No. 349 of the City of Kent, Washington (the "District"), the
boundaries or territorial cztcnt of rha District being more particularly described in Exhibit B
attached hereto and by this reference incorporated herein.
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Section 3. The total estimated cost and expense of the improvement is declared to be
$246,463.46, and approximately $59,491.18 of that cost and expense shall be paid by the City
and the balance thereof (approximately $186,972.28) shall be borne by and assessed against the
property specially benefited by such improvement included in the District which embraces as
nearly as practicable all property specially benefited by such improvement.
Section 4. In accordance with the provisions of RCW 35.44.047, the City may use any
method or combination of methods to compute assessments which may be deemed to more fairly
reflect the special benefits to the properties being assessed than the statutory method of assessing
the properties.
Section 5. Local improvement district warrants may be issued in payment of the cost and
expense of the improvement herein ordered to be assessed, such warrants to be paid out of the
Local Improvement Fund, District No. 349, hereinafter created and referred to as the Local
Improvement Fund, and, until the bonds referred to in this section are issued and delivered to
the purchaser thereof, to bear interest from the date thereof at a rate to be established hereafter
by the Finance Division Director of the City, as issuing officer, and to be redeemed in cash
and/or by local improvement district bonds herein authorized to be issued, such interest-bearing
warrants to be hereafter referred to as "revenue warrants." In the alternative, the City hereafter
may provide by ordinance for the issuance of other short-term obligations pursuant to
chapter 39.50 RCW.
If the City shall authorize expenditures to be made for such improvement (other than for
any cost or expense expected to be borne by the City) prior to the date that any short-term
obligations or local improvement district bonds are issued to finance the improvement, from
proceeds of interfund loans or other funds that are not, and are not reasonably expected to be,
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Z oos
reserved, allocated on a long-term basis or otherwise set aside to pay the cost of the
improvement herein ordered to be assessed against the property specially benefited thereby, the
City declares its official intent that those expenditures, to the extent not reimbursed with prepaid
special benefit assessments, are to be reimbursed from proceeds of short-term obligations or
local improvement district bonds that are expected to be issued for the improvement in a
principal amount not exceeding $186,972.28.
The City is authorized to issue local improvement district bonds for the District which
shall bear interest at a rate and be payable on or before a date to be hereafter fixed by
ordinance. The bonds shall be issued in exchange for and/or in redemption of any and all
revenue warrants issued hereunder or other short-term obligations hereafter authorized, including
the interfund loans authorized by Section 6, and not redeemed in cash within twenty days after
the expiration of the thirty-day period for the cash payment without interest of assessments on
the assessment roll for the District. The bonds shall be paid and redeemed by the collection of
special assessments to be levied and assessed against the property within the District, payable
in annual installments, with interest at a rate to be hereafter fixed by ordinance under the mode
of "payment by bonds," as defined by law and the ordinances of the City. The exact form,
amount, date, interest rate and denominations of such bonds hereafter shall be fixed by ordinance
of the City Council. Such bonds shall be sold in such manner as the City Council hereafter shall
determine.
Section 6. For the purpose of paying all or a part of the costs of carrying out the
improvements within the District pending the receipt of the proceeds of the issuance and sale of
the bonds or short-term obligations referred to in Section 5, interfund loans from the General
Fund, Water Fund and/or Sewer Fund to the Local Improvement Fund in the maximum
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aggregate amount of not to exceed $186,972.28 are authorized and approved, those loans to be
repaid on or before the issuance of such bonds or obligations from the proceeds thereof. Each
of the interfund loans shall bear interest at a variable rate, adjusted the 15th and last day of each
month, equal to the interest rate of the State of Washington Local Government Investment Pool
on the 15th and last day of each month. The initial interest rate on the date of each interfund
loan shall be determined as of the last preceding interest payment adjustment date.
Section 7. In all cases where the work necessary to be done in connection with the
making of such improvement is carried out pursuant to contract upon competitive bids (and the
City shall have and reserves the right to reject any and all bids), the call for bids shall include
a statement that payment for such work will be made in cash warrants drawn upon the Local
Improvement Fund.
Section 8. The Local Improvement Fund for the District is created and established in
the office of the Finance Division Director of the City. The proceeds from the sale of revenue
warrants or other short-term obligations drawn against the fund which may be issued and sold
by the City and the collections of special assessments, interest and penalties thereon shall be
deposited in the Local Improvement Fund. Cash warrants to the contractor or contractors in
payment for the work to be done by them in connection with the improvement and cash warrants
in payment for all other items of expense in connection with the improvement shall be issued
against the Local Improvement Fund.
Section 9. Within 15 days of the passage of this ordinance there shall be filed with the
Finance Division Director of the City the title of the improvement and District number, a copy
of the diagram or print showing the boundaries of the District and the preliminary assessment
roll or abstract of such roll showing thereon the lots, tracts and parcels of land that will be
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specially benefited thereby and the estimated cost and expense of such improvement to be borne
by each lot, tract or parcel of land. The Finance Division Director immediately shall post the
proposed assessment roll upon her index of local improvement assessments against the properties
affected by the local improvement.
Section 10. This ordinance shall take effect and be in force five (5) days from and after
its passage and five (5) days following its publication as required by law.
By
JIM WHITE, Mayor
ATTEST:
DONNA SWAW, Acting City Clerk
APPROV AS T FORM:
Special o sel and Bond
Counsel for the City
Passed the day of January, 1998.
Approved the day of January, 1998.
Published the day of January, 1998.
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E:i8I8_T A
LID 349
SE 223RD STREET SANITARY SEWER
(113TH AVENUE S.E. TO 114TH PLACE', S.R.)
SSAMTA13Y SEWER n AQn 1 LNT.S
The proposed project is the construction of an 8"sanitary sewer system with one 6" side sewer stub
to the right of way line for each of the 22 properties included in the LID baun&y.
The construcdon will include 8" sewer at the following location:
Qx FROM TSB
SE 223rd St Approx 200 feet west .14th Pi SF.
of 113th Ave SE
113th Ave SE SE 223rd St 223rd Pl SE
223rd PI SE 113th Ave SE West to end
113th Pl SE 5E 223rd St South to cnd
Also Included is street and.genera; restoration.
TMV97307 14�cnha6,1997
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EXHIBIT 5
L.T.D. 3d9
S.E. 223rd Street Sanitary Sewer (113th Avenue S.E. to 114th Place S.E.)
Boundary Legal Description
Plat of John Velkoff 1)jYi3l0n 02 as recorded in Volume 72 of Plats, page 68 in King County,
Washington,ALSO Lot 12 inthe Plat of John Velkoff as rccardcd in Vnlume 72 of Plats,page 67
in King County,Washington.
And also the south 175 feet of the cast 1,0 feet of wept 7.14.2R feet of north If2 of south 1/2 of SE
1/4 of 6E 114 in 8-22-5 less south 42 fcm ',1xd also the oast 105 feet of west 349.28 feet of south
217 feet of north 112 of south 1/2 of Sc 114 of SE 1/4 in 8-22-5 iess south 42 feet. And also the
south I75 feet of the east 135 feet of West 484.28 feet o£west 1/2 of north 1/2 of snuth I2 of SE 1/4
of SE 114 in 8-22-5 less county road. And also the south 150 Feet of cast 115 feet of west 619,29 feet
of west UZ of north 12 of south 112 of SE 1/4 of SE 1/4 in 8-22-5 less county mad.
:November 6, 1997
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I 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)
Donna Swaw, Actin; City Clerk
031972 01
Kent City Council Meeting
Date January 20, 1998
Category Consent Calendar
1. SUBJECT: 1997 ASPHALT OVERLAYS - ACCEPTANCE
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee, accept as complete the 1997 Asphalt Overlays project
and release of retainage to M.A. Segale, Inc. upon standard
releases from the State, and release of any liens. The
original contract amount was $348, 039 . 10. The final
construction cost was $426,003 . 19, the overage being due to
excessive shoulder work added to the project along 94th Avenue
to provide a pedestrian walkway.
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
PUBLIC WORKS COMMITTEE
January 7, 1998
PRESENT: Tim Clark Don Wickstrom
Connie Epperly Tom Brubaker
ABSENT: Judy Woods
1997 Asphalt Overlays - Acceptance
Wickstrom explained that this is before the Committee because the project is 22% over
the original contract amount, mainly because we added shoulder work to allow for
pedestrian walkways along 94th and 92nd Avenues.
Committee unanimously recommended that the 1997 Asphalt Overlay project be
accepted as complete.
ReZLding Coordinator/Education - Dept of Ecology Grant Agreement
Wickstrom stated that we have received a grant to help fund our Conservation and
Recycling Program. The grant is for $83,305 and our local share is $55,537 which
comes out of our staff time already budgeted. These programs are administered by the
Public Works Department's Conservation Specialist.
Committee unanimously recommended authorization for the Mayor to sign the
Agreement and direct staff to accept the grant for the total amount of $83,305 and to
establish a budget for same.
Proposed L.I.D. - Big 'K Sanitary Sewers
Wickstrom stated that this LID is a retrofit of an area east of 124th Ave SE at
approximately SE 270th St. He said this is an existing residential development within
the City, annexed in the Meridian Annexation. This area has had a chronic history of
failing septic systems and therefore the property owners in the area have petitioned for
the installation of sanitary sewers. Wickstrom said there are some large properties as
well as small single family lots. To help ease the formation of the LID for those larger
properties he said we are proposing to contribute to the construction and then charge
1
DEPARTMENT OF PUBLIC WORKS
January 7, 1998
TO: Public Works Committee
FROM: Don Wickstrom"t '�,J
J
RE: 1997 Asphalt Overlays - Acceptance
The contract for the 1997 Asphalt Overlay project was awarded to M. A. Segale, Inc. on
April 15, 1997 for the bid amount of $348,039.10. The final construction cost was
$426,003.19 (22% over). The contract exceeded the bid amount because an excessive
amount of shoulder work was added to the project in order to provide a pedestrian
walkway along 92nd Avenue and 94th Avenue.
Adequate funds exist within the project budget to cover this overage.
ACTION: Recommend that the 1997 Asphalt Overlay project be accepted as
complete.
Kent City Council Meeting
Date January 20 1998
Category Consent Calendar
1. SUBJECT: DEPARTMENT OF ECOLOGY - COORDINATED PREVENTION
GRANT - AUTHORIZATION
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee, authorization for the Mayor to sign the Department
of Ecology Grant Agreement and direct staff to accept the grant
of $83,305 and establish a budget for same.
The Coordination Prevention Agreement specifies the
responsibility of the City in working towards the expansion of
existing programs as well as the implementation of new waste
reduction and recycling programs and educations. These
programs are administered by our Conservation Specialist.
3 . EXHIBITS: Grant agreement, 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. 3E
Grant No. G9800109
Coordinated Prevention Grant
Agreement with City of Kent
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF KENT
This is a binding agreement entered into by and between the state of Washington Department of Ecology,
hereinafter referred to as the DEPARTMENT,and CITY OF KENT, hereinafter referred to as the RECIPIENT,to
carry out the activities described herein.
RECIPIENT ADDRESS 220 4`h Avenue South
Kent,WA 98032
RECIPIENT REPRESENTATIVE Robyn Bartelt
RECIPIENT TELEPHONE NUMBER (253) 859-6573
FAX (253) 859-3559
RECIPIENT PROJECT COORDINATOR Robyn Bartelt
DEPARTMENT PROJECT OFFICER Angela Langley
DEPARTMENT FAX (425) 649-7098
REGIONAL DEPARTMENT REPRESENTATIVE Angela Langley
FUNDING SOURCE Local Toxics Control Account(LTCA)
MAXIMUM ELIGIBLE COST $138,842
STATE GRANT SHARE $ 83,305
LOCAL SHARE $ 55,537
STATE MAXIMUM GRANT PERCENT 60%
FEDERAL TAX IDENTIFICATION NO. 91-6001254
For the purpose of this agreement,the RECIPIENT will be allowed to match the DEPARTMENT share with cash
and interlocal in-kind costs in accordance with pre-application instructions.
The effective date of this grant is January 1, 1998. Any work performed prior to the effective date of this
agreement without prior written authorization and specified in the Scope of Work will be at the sole expense and
risk of the RECIPIENT.
This agreement shall expire no later than December 31, 1999
1
Grant No. G9800109
Coordinated Prevention Grant
Agreement with City of Kent
SCOPE OF WORK
The task(s) set forth below summarize the RECIPIENT's goals, activities, budget(s) and schedule(s) and expected
outcomes.
ReciRient Responsibilities: The RECIPIENT is responsible for implementing activities identified in the Solid
Waste Management Plan(SWMP),the Moderate Risk Waste Plan (MRWP) and/or the Hazardous Waste
Management Plan (HWMP).
1. PROJECT TASK: (WRRA-2)RECYCLING COORDINATOR/PROGRAM ADMINISTRATION
Maximum Eligible Cost: $124,674
Schedule: January 1, 1998 to December 31, 1999
Goal Statement:
The goal of this project is to increase the residential waste reduction and recycling rate to 90%, and the
overall recycling rate to 65%in the City of Kent by expanding existing and implementing new waste
reduction and recycling programs.
Project Description:
The city of Kent has experienced an increase of population of over 24,000 residents during the last grant
period. Many of these new residents self-haul their waste and do not recycle. The RECIPIENT will
promote recycling programs and services to all city of Kent residents, especially targeting these new
residents. In addition,the RECIPIENT will provide educational materials promoting waste reduction
practices to non-English speaking residents.
The RECIPIENT will provide the following services:
• Promote the use and purchase of recycled products.
• Establish waste reduction programs targeted at residents, businesses, government facilities, and
institutions.
• Develop model programs for waste reduction in offices, parks, or other government facilities.
• Enhance and expand city-wide procurement program.
• Continue to provide and expand upon educational campaigns.
• Build upon existing recycling system to make recycling as convenient as disposal.
2
Grant No. G9800109
Coordinated Prevention Grant
Agreement with City of Kent
• Target waste reduction recycling information to minority, low-income, senior, and other groups not
reached by previous efforts.
• Distribute educational materials and backyard compost bins to residents.
• Provide more opportunities to collect secondary recyclable materials at home or through drop-off
services.
• Expand and promote grasscycling through educational materials.
Expected Outcomes/Impacts:
Currently, 83%of Kent's residential customers participate in curbside recycling. Through a successful
outreach and education program,this rate will reach 90%by 1999.
Accomplishments attained through implementing these projects will be documented and reported
quarterly. Such documentation will include number of contacts, new recycling participants, participants
at special events,tonnages collected, number of printed education/information materials, and number of
compost bins distributed.
2. PROJECT TASK: (WRRA-3) RECYCLED PRODUCTS DEMONSTRATION SITE
Maximum Eligible Cost: $14,168
Schedule: January 1, 1998 to December 31, 1999
Goal Statement:
The goal of this project is to promote the use of recycled materials through the purchase and display of
recycled products at a demonstration site.
Project Desctp on:
The RECIPIENT will purchase and install such items as park benches, picnic tables, flower boxes,
fencing, compost bins, mulch, bike racks, landscape timbers, recycled glass,and artwork using recycled
products. The items will be included in the city's Native Plant Arboretum and Demonstration Site
situated at the Green River National Resources Enhancement Area. The RECIPIENT will provide
signage, brochures and site tours educating the public about the recycled content of the materials.
Expected Outcomes/Impacts:
3
Grant No. G9800109
Coordinated Prevention Grant
Agreement with City of Kent
It is estimated that over 10,000 visitors will visit this site annually. The project will encourage recycling
by educating the public about potential uses of recycled materials. Documentation that will be reported
includes the number of recycled product informational brochures distributed,the number of
demonstration site tours and individual contacts made, and the number of inquiries regarding the use of
recycled products.
CPG BUDGET
Proiect Task Maximum Eligible Cost
1. Recycling Coordinator (WRRA-2) $124,674
2. Recvcled Products Demonstration Site (WRRA-3) $ 14,168
TOTAL $138,842
FUND SOURCE
Total Eligible Cost $138,842
Fund Fund Share (%) Maximum Fund Amount
Local Toxics Control Account 60% $83,305
(LTCA)
Match Requirement Match Share(%) Match Amount
Cash Match or 40% $55,537
Interlocal Costs
ADDITIONAL BUDGET CONDITIONS
1. Overhead is eligible;the RECIPIENT may charge 25 percent of the RECIPIENT salaries and benefits
applied directly to the project as overhead.
2. Interlocal costs are eligible; other in-kind contributions are not eligible.
3. The fiscal office will monitor expenditures at the task level. A letter amendment is required to
redistribute costs among tasks. A formal amendment is required to increase state funding.
4. The maximum allowable amount from the LTCA is $83,305.
5. All remaining costs will be paid by cash match and interlocal costs.
4
PUBLIC WORKS COMMITTEE
January 7, 1998
PRESENT: Tim Clark Don Wickstrom
Connie Epperly Tom Brubaker
ABSENT: Judy Woods
1997 Asphalt Overlays - Acceptance
Wickstrom explained that this is before the Committee because the project is 22% over
the original contract amount, mainly because we added shoulder work to allow for
pedestrian walkways along 94th and 92nd Avenues.
Committee unanimously recommended that the 1997 Asphalt Overlay project be
accepted as complete.
Recdling_Coordinator/Education - Dept of Ecology Grant Agreement
Wickstrom stated that we have received a grant to help fund our Conservation and
Recycling Program. The grant is for $83,305 and our local share is 555,537 which
comes out of our staff time already budgeted. These programs are administered by the
Public Works Department's Conservation Specialist.
Committee unanimously recommended authorization for the Mayor to sign the
Agreement and direct staff to accept the grant for the total amount of $83,305 and to
establish a budget for same.
Proposed L.I.D. - Big 'K Sanitary Sewers
Wickstrom stated that this LID is a retrofit of an area east of 124th Ave SE at
approximately SE 270th St. He said this is an existing residential development within
the City, annexed in the Meridian Annexation. This area has had a chronic history of
failing septic systems and therefore the property owners in the area have petitioned for
the installation of sanitary sewers. Wickstrom said there are some large properties as
well as small single family lots. To help ease the formation of the LID for those larger
properties he said we are proposing to contribute to the construction and then charge
1
DEPARTMENT OF PUBLIC WORKS
January 7, 1998
TO: Public Works Committee
FROM: Don Wickstrom �
RE: Recycling Coordinator/Education
Dept of Ecology Grant Agreement
This Coordinated Prevention Grant Agreement for the year 1998 - 1999 between the
Dept of Ecology and the City specifies the responsibility of the City in working towards
the expansion of existing programs as well as the implementation of new waste reduction
and recycling programs and education. These programs are administered by the Public
Works Department's Conservation Specialist. The grant fund portion is $83,305 with
the local share being $55,537.
At this time the Public Works Department is requesting authorization for the Mayor to
sign the grant agreement and direct staff to establish a budget in the amount of $83,305.
ACTION: Authorize the Mayor to sign the Agreement and direct staff to accept the
grant for the total amount of $83,305 and to establish a budget for same.
M253.97
Alf
Kent City Council Meeting
Date January 20 1998
Category Consent Calendar
1. BIIBJSCT: MILL CREEK RELIEF SEWER ALTERNATE RELEASE SYSTEM
AGREEMENT - AUTHORIZATION
2. SUMMARY STATEMENT: As recommended by the Public Works
committee, authorization for the Mayor to sign the Mill Creek
Relief Sewer Alternate Release System Agreement subject to any
changes that may be incorporated in the finalized agreement
upon concurrence therewith by the Public Works Director.
The City of Kent and Soos Creek Water & Sewer District are
jointly obligated to Metro (King County) to solve a capacity
problem in the Mill Creek Interceptor. This Agreement provides
that Kent will do this work on behalf of Metro. Kent' s
obligation will only be to the extent of its original
obligation on the Mill Creek Interceptor which will also be
shared with Soos Creek Water & Sewer District through a
separate agreement.
3 . EXHIBITS: Public Works Committee minutes, Public Works
Director memorandum and agreement
4 . RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REOIIIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3F
them for one single family residential assessment and when they re-subdivide or re-
develop to a higher density, they have will have to pay a latecomer charge for that
additional frontage. Wickstrom said we are recommending that Council proceed with
the formation of this LID.
Committee unanimously recommended adoption of a Resolution setting a public hearing
date on the formation of the L.I.D. for the 55 properties within the Big "K" Addition.
(� Mill Creek Relief Sewer Alternate Release System Agreement
Wickstrom stated that we have had overflow problems we had on the Mill Creek system
being at capacity; actually the downstream problems up in the hill have been pushed
down into the valley floor into the Metro system. Originally, the solution was a cross-
valley intertie on S.228th which tied into what Metro built as the Auburn Interceptor
but it was built in such a manner that it wouldn't function. An alternate solution to that
is to run a Metro trunk up the alignment of our S. 277th Corridor to intercept Soos
Creek Water &Sewer District's system and our Del Webb Pump Station, which were
not designed to go to the original Mill Creek Interceptor. They were only temporarily
designed for that function until the system reached capacity, which it has done.
Wickstrom explained that this is an agreement where, because of our road project, we
would be the lead agency and we would need to get the sewer built before we build the
road. Our share, which is to be split between Soos Creek Sewer &Water District in
Kent is One Million Dollars which is essentially the cost of that intertie on S. 228th that
we were obligated to build in a 1969 agreement with Metro. He stated that Metro will
pay the balance. We still need to negotiate with Soos Creek Sewer &L Water District for
their share of that cost. He stated that this agreement allows us to be lead agency and
get the project moving.
In response to Clark, Wickstrom said that Soos Creel-,needs this capacity and this would
be an adequate incentive for them to work out a negotiated settlement.
Committee unanimously recommended authorization for the Mayor to sign the
agreement subject to any changes that may be incorporated in the finalized agreement
upon concurrence therewith by the Public Works Director.
Tacoma Intertie Water Supply Project Agreement
Wickstrom stated that we had an agreement with Tacoma in 1985 to build this Second
Supply Pipeline. We have worked out a Memo of Understanding which really isn't
binding on either parties; it merely touches the premise on what will be included in the
final contract document. Wickstrom explained that we have worked hard during this
past year on getting the Memo of Understanding put together. He stated that in this
Memo of Understanding the issues are, first of all if Tacoma's project proceeds on
2
January 7, 1998
TO: Public Works Committee
FROM: Don Wickstrom, Director of Public Works
RE: Mill Creek Relief Sewer Alternate Release System Agreement
The City of Kent and Soos Creek Water and Sewer District are jointly obligated to Metro (King
County)to solve a capacity problem in the Mill Creek Interceptor. The agreement that provided for
this obligation is dated 1969. Currently, the line is full and is experiencing overflow problems which
are, in part, caused by Soos Creek Water and Sewer District's excessive pumping.
In 1969 it was thought that the problem could be solved by building a cross valley interceptor at
South 228th Street(see Map). Approximately five years ago, Metro concluded that this connection
would not work because of grade problems. (The connection would have been uphill.)
Approximately four years ago, the City of Kent suggested to Metro that they explore the idea of
utilizing the 277th Corridor route (before the road was developed) to accomplish this sewer
interceptor relief. This idea was also embraced by the City of Auburn and the Soos Creek Water and
Sewer District.
Before the corridor construction was started, Metro was merged into King County and Metro lost
their project manager. Also, due to various problems, Metro has been unable to complete their study
effort.
The City is continuing to see capacity problems in the Metro line from Canyon Drive downstream on
the valley floor. The City, therefore, is desirous of Metro completing this work at the earliest
opportunity to avoid the potential for a moratorium or additional sewer spills.
To assist Metro in this regard, the City has informally agreed with Metro to begin sewer design
including design of the sewer main in the 277th/Green River Bridge which will be going out for public
bid early in 1998. The attached draft agreement provides that Kent will do this work on behalf of
King County(Metro). Kent's obligation will only be to the extent of its original obligation on the Mill
Creek Interceptor which will also be shared with Soos Creek Water and Sewer District through a
separate agreement. The amount of this shared obiligation in total is estimated at one million dollars.
King County (Metro) will be responsible for paying for all costs for the new sewer interceptor less
the amount of the Soos Creek and City of Kent obligation to the previous cross valley interceptor.
ACTION: Authorize the Mayor to sign the agreement subject to any changes that may be
incorporated in the finalized agreement upon concurrence therewith by the Public
Works Director.
tt197052
5�g4F7_ /C /-� 7
MILL CREEK RELIEF SEWER
ALTERNATE RELIEF SYSTEM AGREEMENT
THIS AGREEMENT is entered into between the CITY OF KENT.a Washington Municipal
Corporation. and KING COUNTY. a Washington Count- Corporation.
RECITALS
WHEREAS. on or about August 1969, the City of lent ("City"): the Cascade Se\%cr
District. predecessor in interest to the Soos Creel: Water & Sewer District. a Washington Public
t'tility District ("District"): and the Municipality of Metropolitan Seattle_ predecessor in interest to
hin2 Count,. a Washington County corporation i"Count}"). entered into an "Agreement for .foint
Use and Oversizimz of SeweraLe Facilities" ("1969 _ Lreement"). and
WHEREAS. Section 6 of the 1969 Agreement provided for the construction of a Relief
Sewer. or "alternate relief system" at such time as the sewer downstream from the Mill Creel:
Interceptor was approaching its maximum capacit%. estimated in the 1969 Agreement at 8.6 million
gallons per dad. and
VN%HEREAS. said downstream sewer has approached or is exceeding its maximum capacity:
and
WHEREAS. Section 6 of the 196Q A(,reement also established that the Cit} and the District
would jointl, pay the County's cost to construct the dill Creek Reliet Sewer or an alternate relief
s\stem with no cost to the County: and
WHEREAS. the County has determined that the cost to construct the \III[ Creel: Relief
Sewer, under current market conditions. would be one million dollars (SI.000.000.00): and
WHEREAS. the County and the Cite have determined that engincering limitations make
construction of the Mill Creel: Relief Sewer. as originall% eontemolated under the 1969 :Aereement.
technically infeasible: and
\kTIEREAS. the Cite has obtained the right-of-%ya\ and is currentl,, constructing an arterial
road��ay. known as the 277th Street Corridor. vyith its eastern terminus at the intersection of the Kent
hamgley HiLhwav (SR �16) and 1 I6th Avenue Southeast ion the City's "East Hill" area) and %yith
its �yestern terminus at the intersection of Auburn Wu% North 1-ast Valley and Southeast
177th Street in the Green River Valley : and
WHEREAS. a major component of the Cit,,'s 277th Street Corridor Project is a bridge that
links the reuion's East Hill area to the %alley floor by crossing over the Green River: Lind
1
WHEREAS. most of the area being served b) the Mill Creek Interceptor and planned to be
served by the Mill Creek Relief Sewer lies in the vicinity of the East Hill area and the District's
service area: and
IXHEREAS. the County is contemplating the design and construction of a regional sewer
interceptor project. which will serve the Cite of'Aubum. Cit% of Black Diamond. Cite of Kent. and
the District by providing increased regional capacit' and the relief envisioned in Section 6 oi'the
aforementioned 1969 agreement: and
WHEREAS. construction of an new crossings over or under the Green River is potentiall%
damaging to the river environment and necessary permits are eztrcmely diffiCtllt to obtain. and
V HEREAS. the City is amenable to designing and constructing two (') tweety-four inch
777th Street Corridor Green P.iyer Bridge construction
sewer transmission facilities as part of its
project to provide the Cotmty the option to utilize this riser crossing for its ne%y regional interceptor
system. should the Cotn[,'s final planning incorporate that riser crossing as part of its ultimate
design: and
WHEREAS_ in consideration of the Cit}'s payment ol- Lill costs for the design and
construction of these two (`') twentN-four inch sewer transmission facilities on its 277111 Street
Corridor Bridge construction project. the County agrees to appiN the City's cost for design and
construction of these two transmission facilities as a credit against the one million dollars
(SI.000.000.00) payment obligation to complete construction of the Mill Creel: Relief Sewer or
alternate relief systenn tinder the 1969 :agreement:
NOW. THEREFORE. the Count) and the Cit) aeree as tbllows:
AGREEMENT
Section 1. Engineering constraints make the construction of the Mill Creel: Relief Sewer
contemplated in the 1969 agreement techrlicall\ infeasible. Because the estimaud cost 01
constructing that system. in current dollars. is 51.000.000.00. the Count and the Cit% hereby
establish that the joint oblivation between the Cite and the District to the Count' under the 11`)6`)
Au'reement shall total S 1.000.000.O0. (_'Pon pay meat of S I.000.t.n (00 from the City and the District
to Metro. all financial and contractual obLuations under die I906 ) Agreement pertuininu, to the Cit)
and the District's obligation to pa\ for the contemplated \lilt Creel: Relief Se%%cr or alternate relict
system. which is primarilc addressed in Section 6 of the 1961) Agreement. shall be completely
fulfilled among the parties.
Section 2. The Cite will design and construct two i 21 twenty-tour inch sewer transmission
facilities as part of its overall 2177th Street Corridor Green Rl%er Bridge construction project finese
i'acilities %yill be designed so that they' can be connected to a regional sewer interceptor should the
County, upon further review_ determine to construct a regional sc%�er interceptor stem from the
Kent East Hill Area to connect to the County's main sewer interceptor s%stem in the Green Ri\cr
Vallee that leads to the Count�'s treatment plant in Renton. \�ashington.
Section 3. The Cite shall maintain accurate records of its actual expenses incurred in the
desiun and construction of these two (2) n�ent,,-four itch transmission facilities. These costs shall
constitute a credit against the Cite and the District's joint obligation in the amount of S I.000.00O.00
to the County to construct the Mill Creel: Relief Se%�er or alternative relief system pursuant to the
1969 A,.ureement.
Section 4. For a period of three \ears from the date of completion ol'co nstr tenon of the
brid�_e. Metro shall ha%e the ri�_ht to inspect or audit the Cit- 117th Street Corridor Green Rip er
Bridue construction project accounts and records at am time to confirm tale CitN's costs incurred to
desium and construct the two (2) menu-tour inch transmission facilities on the I f'tic
County determines to exercise its audit riLhts tinder this section. it must first Luive at least three (=)
husiness da%s prior \\ritten notice and shall conduct the audit at a time and plac.: mutttalk a_reeable
to tine Count%r and the City
Section -5. The respecti\e parties shall comply with Lill provisions of the agreement dated
S. 1967. between Metro County and the Cite, as amended. \\ithout qualification or condition
b\ reason ofan% provision or interpretation of tills agreement It is the intention of the parties that
the above-reterenced aureements shall not otherwise be affected or modified this agreement.
Section 6. This Asreement may not be modified. altered or amended unless first approved
in writimu by the Cite and tile Count
Section 7. This :agreement contains the entire agreement between the parties regardimu the
matters described herein and. in executing it. the City and the Count} do not rely upon an)
statement. promise. or representation. whether oral or %%ritten. not expressed in this agreement.
IN WITNESS. the Count% and the Cite execute this agreement. which shall become eYf'ecti%c
oil the last date siuned below.
KING COLTITY CITY OF DENT
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Date: Date:
APPROVED :AS TO I-'OR�I:
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THOMAS C. I3R[:BAKER
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IKinc Count% PrOSCCLIIor
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Kent City Council Meeting
Date January 20, 1998
Category Consent Calendar
1. SUBJECT: TACOMA INTERTIE WATER SUPPLY PROJECT AGREEMENT -
AUTHORIZATION
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee, authorization for the Mayor to sign the Second
Supply Pipeline and Associated Components including the Howard
Hanson Storage Conceptual Agreement. This conceptual agreement
lays the basis for the detailed project agreement for the
Tacoma Intertie Water Supply Project.
3 . EXHIBITS: Public Works Committee minutes, Public Works
Director memorandum and Conceptual agreement
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. 3G
them for one single family residential assessment and when they re-subdivide or re-
develop to a higher density, they have will have to pay a latecomer charge for that
additional frontage. Wickstrom said we are recommending that Council proceed with
the formation of this LID.
Committee unanimously recommended adoption of a Resolution setting a public hearing
date on the formation of the L.I.D. for the 55 properties within the Big "K" Addition.
Mill Creek Relief Sewer Alternate Release System Agreement
Wickstrom stated that we have had overflow problems we had on the Mill Creek system
being at capacity; actually the downstream problems up in the hill have been pushed
down into the valley floor into the Metro system. Originally, the solution was a cross-
valley intertie on S.228th which tied into what Metro built as the Auburn Interceptor
but it was built in such a manner that it wouldn't function. An alternate solution to that
is to run a Metro trunk up the alignment of our S. 277th Corridor to intercept Soos
Creek Water 8t Sewer District's system and our Del Webb Pump Station, which were
not designed to go to the original Mill Creek Interceptor. They were only temporarily
designed for that function until the system reached capacity, which it has done.
Wickstrom explained that this is an agreement where, because of our road project, we
would be the lead agency and we would need to get the sewer built before we build the
road. Our share, which is to be split between Soos Creek Sewer &Water District in
Kent is One Million Dollars which is essentially the cost of that intertie on S. 228th that
we were obligated to build in a 1969 agreement with Metro. He stated that Metro will
pay the balance. We still need to negotiate with Soos Creek Sewer &z Water District for
their share of that cost. He stated that this agreement allows us to be lead agency and
get the project moving.
In response to Clark,Wickstrom said that Soos Creek needs this capacity and this would
be an adequate incentive for them to work out a negotiated settlement.
Committee unanimously recommended authorization for the Mayor to sign the
agreement subject to any changes that may be incorporated in the finalized agreement
upon concurrence therewith by the Public Works Director.
Tacoma Intertie Water Sup21T Project Agreement
Wickstrom stated that we had an agreement with Tacoma in 1985 to build this Second
Supply Pipeline. We have worked out a Memo of Understanding which really isn't
binding on either parties; it merely touches the premise on what will be included in the
final contract document. Wickstrom explained that we have worked hard during this
past year on getting the Memo of Understanding put together. He stated that in this
Memo of Understanding the issues are, first of all if Tacoma's project proceeds on
2
schedule, the earliest implementation would be the year 2004. Somewhere between
2000 and 2004 we will have a water supply. In the agreement, it also gives us an
opportunity to extend parts of the supply line, depending on the status of the Tacoma
project. It could be downsized to meet our needs if this project suddenly disappears and
no one was interested except Kent or Covington; it gives us an opportunity to tie into
the Tacoma system and take advantage of the water rights and permits that they have.
Under this Memo of Understanding, they would provide temporary water until the year
2011 and before that time,we could extend the system to the headworks and essentially
take water under the water rights. Wickstrom further explained that what's holding up
the project is the status of the Howard Hanson Dam Additional Storage project - it is
anticipated to be a federally funded project and the Feds have to build it. Right now the
EIS is out and they are proposing to go back to Congress to get allocated for funding.
It would then be a four year process to get implemented; we would have a share of that
project and Tacoma would proceed with the balance. If this doesn't get implemented,
in the Agreement there is an option that we can extend the pipe along the south, take
advantage of the permits that have been approved and the agreements that have been
executed and tie into the Tacoma system and get interim water and ultimately tie in and
get our share of the water.
Wickstrom explained that we have nothing to loose because Tacoma is the only project
that is permit-ready other than the Corps, which is an add-on element. The Corps is
critical in terms of keeping Tacoma's and Seattle's interest in the project. Without the
storage behind the Dam, we just get run of the river water which means you only get
winter water and we really need the summer water. He stated that there aren't any other
projects on the horizon that will be able to supply us with water in the near term which
is 2004.
Committee unanimously recommended that Council authorize the Mayor to sign the
Second Supply Pipeline and Associated Components including the Howard Hanson
Storage Conceptual Agreement.
ADDED ITEMS:
Meridian Firs Landslide - Status
Wickstrom stated that there are a conglomerate of systems of ownerships. Not just a
system built under a plat, which the County owned and maintained; an outlet thru a
private system which is the condominiums and into their facilities, an outlet down to
Soos Creek We have investigated this system in terms of what is publicly owned and
what the County has maintained and the detention system that was built is operational.
We are now checking the design capacity to see if it increased to reduce the downstream
flows so it wouldn't create a problem. We have notified the Meridian Firs representative
3
DEPARTMENT OF PUBLIC WORKS
January 7, 1998
TO: Public Works Committee
FROM: Don Wickstrom
RE: Tacoma Intertie Water Supply Project
Attached is the final version of the conceptual agreement for the above referenced
project. This conceptual agreement, while non-binding on the parties, lays the basis for
the detailed project agreement. The City's involvement in this project dates back to
1985 whereupon a formal contract was executed therefore. Since 1985 many changes
have occurred to the scope and intent of the project as a result of the permit process and
tribal settlement. A comparison summary is presented below.
1985 T9daX
Project Cost: $85,000,000 $200,000,000
Project Element: o Water Right (65 MGD Same
o Pipeline (33 Miles) Same
o Headworks Modification Same
o North Branch Wellfield Deleted
0 15 MGD Well Development Deleted
o Mitigation Tribal &King County Same
o Howard Hanson Dam
Spring Storage
(20,000 Acre Ft.)
o Seattle Intertie Pipeline
(8 Miles)
Kent's Share: o 4.62 MGD Year round 7.20 MGD
(2200 Acre Ft) Summer Peak
from July 1 - October
o $8 - 9,000,000 $22,000,000
1985 Today
Participants: o Tacoma Tacoma
o Kent Seattle
o Lakehaven Sewer S Water District Kent
o Water District #11 1 Lakehaven Sewer and
Water District
o Covington Water District Covington Water District
In 1985 no permits had been secured other than the Water Right. Today all permits
have been secured along with a settlement agreement with the Muckleshoot Indian
Tribe. Today the critical hurdle to the project is securing Federal approval and
participation ($25,000,000) in the Howard Hanson Dam Additional Storage Project.
Without said Storage Project, the Tacoma Supply Project doesn't provide enough benefit
to warrant the expense for either Seattle or Tacoma as the water supply becomes run of
the river water, for which in the Summer there is no water available due to minimum
stream flow requirements.
The Public Works Department continues to support this project despite the cost increase
because it is really the only game in town that in the near term brings on-line an
additional water supply source. In the City's Water Comprehensive Plan we have
identified this project and the development of our Impoundment Reservoir Project as our
only potential future water supply options. The State Department of Ecology, through
its position on the issuance of new groundwater water rights, have essentially eliminated
any opportunity to develop new groundwater sources and surface water sources have
been long closed to the issuance of new water rights.
Were this project to proceed as now envisioned, it wouldn't be on-line until 2004. While
we have initiated work on our Impoundment Reservoir Project, it is not anticipated to
be on-line until sometime after 2004. With respect to the capability of our existing
water sources,we anticipate a possible shortage sometime between 2000 and 2004. To
get through this period, we may have to impose mandatory conservation. However, an
important option contained in this conceptual agreement is that the City has a right to
extend at our own expense, portions of the Pipeline and Tacoma will provide up to 5
MGD (1,650 acre feet) of interim water supply upon connection. Were we to
implement this right it would carry us until our Impoundment Reservoir is built. Once
the Impoundment Reservoir is built, the Howard Hanson Dam Additional Storage
element of the Tacoma Supply Project is not a critical element to us. Thus, if it were
never funded and Seattle and Tacoma dropped out under its option, we could extend our
pipeline to Tacoma's intake facility and take our share of the water right. By doing so,
our ultimate projected water demands would be met. One unknown still out there is the
affect of listing the Puget Sound Coho on the Endangered Species list, which is
anticipated to occur in January. While the impact thereof could affect the Tacoma
project it could also affect our use of our existing source thus re-emphasizing our need
to develop an additional water supply.
Bottom line is, the Public Works Department recommends that Council authorize the
Mayor to sign the "Second Supply Pipeline and Associated Components including the
Howard Hanson Storage Conceptual Agreement".
ACTION: Committee recommends that Council authorize the Mayor to sign the
"Second Supply Pipeline and Associated Components including the
Howard Hanson Storage Conceptual Agreement".
M255.97
12/ 16/97
Second Supply Pipeline and Associated components
Including Howard Hanson Storage
0
CONCEPTUAL. AGREEMENT
Between
Participating South King county Regional
Water Association Member Utilities
And
Tacoma Public Utilities, water Division
December 16 , 1997
This Conceptual Agreement is a framework for updating the
contract dated July 29, 19e5 (1985 Contract) for participation in
the Second Supply Pipeline Project (Project) between the City of
Tacoma Department of Public Utilities (Tacoma) and the
participating members of the South King County Regional water
Association. The participating member utilities of the South
King County Regional Water Association are the City of Kent,
Covington water District , and Lakehaven Utility District (South
King County Utilities, or SKCU) . This Conceptual Agreement is
necessary to reflect changes to the Project and specific elements
of the Project not envisioned at the time of the 19a5 Contract.
It is the intent of Tacoma and SKCU that this Conceptual
Agreement, in conjunction with the provisions of the 1965
Contract, will serve as the basis for a Project Agreement which
will set forth in detail the specific terms and conditions under
which the parties will participate in the Project . The parties
1
hereto acknowledge and agree that nothing in this Conceptual
Agreement alters or affects the validity or enforceability of the
1985 Contract.
The Project Agreement will be a long-term agreement in which
Tacoma provides contractual rights to the Project elements set
out below in consideration of financial participation in the
Project by the SKCU members . The term of the Project Agreement
ahall be for the life of the Project _ Provisions to assure long
term Project operational and financial viability will be included
in the Project Agreement .
The following represents a conceptual agreement between the
SKCU members and Tacoma regarding the participation in the
Project as well as water storage at Howard Hanson Dam. For the
purpose of this Conceptual Agreement, the Project is composed of
the following elements:
The Second Diversion Water Right (up to 65 MCD) ;
° The Second Supply Pipeline, from Tacoma's Headvorks
treatment building to Tacoma ' s Pipeline 14 near
Portland Ave. Reservoir (approximately 33 miles with a
nominal capacity of 72 MOD) ;
° A share of the improvements at Tacoma's Headworks
diversion dam and intake (associated with the Second
Diversion water Right) ;
° The Seattle Intertie (approximately a miles) ;
° A share of the cost of 'the Tacoma mitigation
agreements;
2
The Howard Hanson Dam Additional Storage Project (up to
20, 000 acre-feet per year of municipal water supply
storage in Phase 1 and options to participate in Phase
II ) .
The foregoing elements are shown on Figure 1.
This Conceptual Agreement is predicated on the understanding
that Seattle Public utilities (Seattle) will participate in the
Project . If Seattle fails to participate, then Tacoma and SKCU
will take such actions as are necessary and appropriate under the
circumstances to complete the Project , taking into account
Seattle' s absence .
Each participant (Tacoma , Seattle , and each SKCU member)
will contribute capital , in the case of Seattle and Tacoma equal
to one-third of the capital costs of the Project and in the came
of each SKCU member equal to one-ninth of the capital coats of
the Project. Currently the capital costs of the Project are
forecast at $195 million ( in 1996 dollars) .
In return for the capital investments , each participant will
receive, except as otherwise set forth herein, the contractual
right of access to and use of an undivided share of all Project
facilities proportional to the capital investment made, either
one-third or one-ninth as appropriate. Further, each participant
will receive the contractual right to receive and use a
proportionate share of the Second Diversion water Right water
supply, including Water supplied by the Project (run of the river
and stored water) .
I
In the Project Agreement, Seattle will be granted the
ability to utilize the full capacity of the Seattle Intertie, and
each of the SKCU and Tacoma will be granted the ability to
utilize a proportionate share of the capacity of Project
facilities downstream of the Seattle Intertie, in the manner
described in the following paragraph . All of the foregoing use
shall be without charge. The rights described in this paragraph
are considered an essential element of this Conceptual Agreement.
Tacoma and the SKCU utilities shall each have the right to
use up to one-half of the one-third of the Project facilities
capacity downstream of the Seattle Intertis which could have
otherwise been utilized by Seattle. To the extent such capacity
is not being used, Tacoma or the SKCU utilities may use without
charge all of such unused capacity on a first come, first served
basis, unless and until its use is requested by Tacoma or a SKCU
utility. In such case, each utility' s use of such capacity shall
be limited to the amount of capacity it has a right to use.
Some Project participants may wish to retain their
contractual rights of access to and control of their
proportionate, undivided share of the Seattle Intertie. In that
event, the Project Agreement will limit any such participant' s
contractual rights of access to and control of Project facilities
downstream of the Seattle Intertie to such participant's
proportionate share thereof .
Except as set out above, each participant shall have the
contractual right to use for its own purposes its share of the
4
capacity of Project facilities, including without limitation
storage at the Howard Hanson Dam. To the extent a participant
wishes to make use of any unutilized capacity of Project
facilities of any other participant, including without limitation
storage at the Howard Hanson Dam, it may do so without charge.
Should a participant wish to make use of the capacity of Project
facilities of any other participant for which the owner of such
Project facilities has a use , the participant wishing to use such
Project facilities may not do so without the consent of the
owning participant.
Under completion and execution of the Project Agreement ,
each participating member of SKCU will agree, as a signatory to
the Project Agreement, to individually accept financial
responsibility for their share of Project costs . It is the
understanding of the parties that the Project Agreement will
incorporate the "take or pay" provisions of the 1995 Contract
which includes proportional sharing of Project costs and benefits
(Section 6) . The "take or pay" obligation to be incorporated
into the Project Agreement means the obligation of the Project
participants to pay their proportionate share of fixed capital
and fixed operations and maintenance (OtM) costs without regard
to the amount of Second Diversion water Right water taken or not
taken. The "take or pay" obligation will not apply to costs
which vary with the amount of Second Diversion water Right water
taken, such as variable O&M.
✓�� aC ___i 1GLr a
In the event that increased levels of water treatment are
required in the future, provisions similar to those in the 1985
Contract, Section a , will be included in the Project Agreement.
Capital coat and fixed O&M costs associated with water treatment
will be allocated based on estimated peak flow requirements of
each participant while variable O&M Costs will be based on the
volume of water used by each participant .
During Phase I operation of the !toward Hanson Dam Additional
Storage Project (Storage Project) , water available to
participants can be stored at the dam in proportion to their
share of the Project water between February 15 and June 30. In
most years total stored water will equal 20, 000 acre-feet if
Project participants commit the full amount of their allocation
of Second Diversion Water Right water to storage. Water consumed
by any participant during the spring refill period which prevents
20, 000 acre-feet per year of water from being placed in storage
will be accounted for as a use of that participant's share of
storage.
If the Storage Project proceeds to Phase II , the storage of
additional water for flow management and municipal supply, then
participants in the Project will be accorded the opportunity to
participate before Phase 11 is offered to other potential
parties. This participation in Phase ii will be up to the same
proportion as their participation in the Project . Each
participant shall have a right of first refusal to a portion of
the share of Phase II of any Project participant which has
6
decided to forego participation in Phase II . The share of Phase
Ii foregone shall be made available to the remaining Project
participants based upon their Project share , assuming that the
sum of their Project shares equal one-hundred percent of the
Project.
South King County Regional Water Association (SKCRWA)
members may develop or may be invited tc participate in
artificial recharge projects that could operate conjunctively
with the Project . In the event that a SKCU member develops such
a recharge project and invites other SKCU members to participate
in the recharge project , the SKCU member developing the recharge
project agrees to invite Tacoma to participate in the recharge
project. In the event that a SKCU member is invited to
participate in such a recharge project developed by a SKCRWA
member which is not a SKc1) member, the sKcu member so invited
agrees to request that the recharge project developer invite
Tacoma to participate in the recharge project .
Construction is scheduled to complete all Project components
as soon as possible, but in any event by 2004 , concurrent with '
the completion of the Storaqe Project. Specific Project elements
could be completed earlier, if the risk of earlier completion is
considered to be acceptable to the participants.
The SKCU parties have a potential need for water which may
require action be taken to secure a water supply in advance of
the Project schedule . The following sections set out the
provisions under which such actions would be taken.
r
Provisions por AURRIXIM water tQ_.CQYinggten water IIis riot as
city of to nwder Cett&in _C}M.2usataRo .es
The Covington Water District (Covington) and the City of
Kent (Kent) have identified a need for water deliveries in the
event that the Project, or certain portions of it, are delayed.
This section sets forth the circumstances under which such water
supply would be needed , and how the parties intend to supply it .
The Contingencies set forth below permit the construction of
facilities in Project right-of-way. If Kent/Covington should
exercise any such Contingencies, any facilities constructed
pursuant thereto shall be constructed in the Project right-of-waY
and in the Project alignment .
L�rlt Contingency - Tn the event that water Resources
Development Act (WRDA) authorization and appropriation for
initiating storage Project design has not been passed into law on
or before October 1 , 2000 , and completion of the Project is
delayed thereby, Covington and/or Kent may require the
commencement of design of that portion of the Project stretching
from a point approximately 9 , 000 feet west of the Headworks
Control Building to S. E. 304th Street (Kent/Covington Intertie)
by providing Tacoma written notice of their desire to commence
such design activity . such design work shall be for the full
Project capacity , and may be undertaken by either Tacoma or
Kent/Covington, as specified in the Project Agreement, and such
work shall be paid for by the party or parties which sent notice
to Tacoma pursuant to this Conceptual Agreement. The right of
a
J-._-:D-_:�7. 10-L" uJr -- u_'C J,I- __ . _I
Kent and Covington to send notice to Tacoma pursuant to this
First Contingency shall expire on the last day of 2001 .
Second Contingency - In the event that Kent and/or Covington
have given Tacoma notice pursuant to the first Contingency and
wROA authorization and appropriation for initiating Storage
Project design has not been passed into law on or before October
1 , 2002 , and completion of the Project is delayed thereby, Kent
and/or Covington may require the commencement of construction of
the 'Kent/Covington Intertie by providing Tacoma written notice of
their desire to begin such construction . Such construction work
may be undertaken by either Tacoma or Kent/Covington, as
specified in the Project Agreement . The Kent/Covington intertie
will be sized to provide capacity adequate to serve the needs of
the parties participating in the construction of this
Kent/Covington Intertie. The costs of constructing the
Kent/Covington Intertie will be apportioned among participating
parties based on the proportionate share of capacity in the
Kent/Covington Intertie that will be available to each
participating party . The right of Kent and Covington to send
notice to Tacoma pursuant to this second Contingency shall expire
on the last day of 2003 .
Third Contingency - In the event that Kent and/or Covington
have given notice to Tacoma pursuant to the First and Second
Contingencies, Kent and/or Covington may elect to extend the
Kent/Covington Intertie to the Project headworks by providing
written notice to Tacoma of such intention . Such construction
13
ib:��
work may be undertaken by either Tacoma or Kent/Covington as
specified in the Project Agreement . This extension will be sized
to provide capacity adequate to serve the needs of the parties
participating in the construction of this extension. The costs
of constructing the extension will be apportioned among
participating parties based on the proportionate share of
capacity in the extension that will be available to each
participating party. The right of Kent and Covington to send
notice to Tacoma pursuant to this Third contingency shall expire
on the last day of 2011 .
Fourth Contingency - In the event that Kent and/or Covington
have given notice to Tacoma pursuant to the First and Second
contingencies, Kent and/or Covington may elect to extend the
Kent/Covington intertie to the vicinity of 124th Street by
providing written notice to Tacoma of such intention. Such
construction work may be undertaken by either Tacoma or
Kent/Covington as specified in the Project Agreement. This
extension will be sized to provide capacity adequate to serve the
needs of the parties participating in the construction of this
extension. The costs of constructing the extension will be
apportioned among participating parties based on the
proportionate share of capacity in the extension that will be
available to each participating party . The right of Kent and
Covington to send notice to Tacoma pursuant to this Fourth
Contingency shall expire on the last day of 2016 .
10
continQanov Particilpa.tign
In the event that Kent and/or Covington exercise the First,
Second, Third or Fourth Contingencies, upon such exercise Kent
and/or Covington shall make a written offer of participation in
the activities to be undertaken pursuant to any such
Contingencies to Lakehaven and Tacoma . upon, receipt of such
written notice, Lakehaven and Tacoma shall notify Kent and/or
Covington whether they wish to so participate. Shouid Tacoma
and/or Lakehaven elect to participate in any of the
Contingencies, the party so electing shall pay their
proportionate share of the costs of implementing any such
Contingency.
Tacoma OQticn
Another party or parties may elect , pursuant to the
Contingencies Bet out herein, to construct the Kent/
Covington Intertis or the extension to the headworks or the
extension to 124th Street , with a capacity of less than the full
Project capacity . in that event , and In addition to the right to
participate in such activities, Tacoma may elect to require that
the facilities to be constructed ;be sized to full Project
capacity , and Tacoma shall be responsible for paying the
additional costs associated with increasing the capacity from
that planned by the participating parties to full Project
capacity.
11
JE 16-:99 16:26 wl- =F.' u[S Ill
Water IM2211
If Kent/Covington exercise their rights under the First and
Second Contingency, Tacoma agrees to provide to Kent/Covington
for the period commencing with the completion of the Kent/
Covington Intertie up to 10 MCD and up to a maximum of 3300 acre-
feet per year of water from Tacoma' s First Diversion Water Right.
Any water committed to Kent/Covington may be recalled by Tacoma
at any time after the year 2011 , by Tacoma providing Kent/
Covington written notice of such recall not less than three years
prior to the effective date of such recall _ In payment for such
water supply , Kent/Covington agree to pay to Tacoma an amount
equal to the O&M costs and the capital costs of wells operated
and developed to support this water supply to Kent/Covington, as
set forth in Figure 2 .
If Kent/Covington exercise their rights under the First ,
second and Third contingencies , and if the extension of the
Kent/Covington Intertie is built to the Project headworks, then
in that event on and after the last day of 2011 , Kent/Covington
may elect to take their proportionate snare (2/9) of the Water
available under the Second Diversion Water Right . In payment for
such water supply, Kent/Covington agree to pay the costs of
exercising the right to receive such water , including without
limitation the costs of the MIT Agreement , if any .
Credit for Imenditures
In the event that Kent/Covington exercise their rights under
the First , Second, Third or Fourth Contingencies, and the Project
12
VG--iC I G( W"ICr' ..__ _-- GC- D. i- - . .
is completed, Kent/Covington and :any other party participating in
any such Contingency shall receive as a credit against their
share of Project costs an amount equal to the monies paid by each
participant to implement those portions of the Contingencies
which are incorporated into the Project .
In the event that Tacoma exercises the Tacoma Option to
increase the capacity of the Kent/Covington Intertie and/or the
extension to the headuorks, and the Project is completed, Tacoma
shall receive as a credit against its share of Project costs an
amount equal to the monies paid by Tacoma to exercise the Tacoma
Option.
Ohm wad aunx CQst�
If the Kent/Covington Intertie and/or the extension to the
headworks are constructed pursuant to the Second and Third
Contingencies, fixed 03M costs for operating such facilities Will
be apportioned among the participating parties on a basis
proportionate to the capacity of such facilities which is
available to each participating party, without regard to the
amount of water taken or not taken. Variable OiM costs will be
apportioned based on the amount of water used by each
participating party.
If Rent/Covington, and other participating parties,
construct facilities pursuant to any of the foregoing
Contingencies, and such facilities are not incorporated into the
completed Project, Kent/Covington and the participating parties
shall make a payment to Tacoma to compensate for a share of the
13
costs incurred by Tacoma to procure permits, rights o1 waY,
easements and the Second Diversion Water Right. Tacoma,
Kent/Covington and other participating parties shall enter into
good faith negotiations to determine the amount of such payment-
1'4
Provision@ For supplying Rater to Lakehaven Utility District
Dnaer certain circuaatancea
Lakehaven utility District may need water delivery prior to
completion of the pipeline portion of the Project in 2001 , and
prior to completion of the Project in 2004 . The section sets
forth, among other matters, how the parties intend to supply it.
The Options set forth below permit construction of facilities in
the Project right-of-way . If Lakehaven should exercise such
options, any facilities constructed pursuant thereto shall be
constructed in the Project right-of-way and in the Project
alignment.
Tacoma will provide written notification to Lakehaven as
soon as practicable after determining: ( 1 ) that the pipeline
portion of the Project will be completed after 2001 ; (2) that the
entire Project will be completed .after 2004 .
Qption i
Upon receipt of the written notice or notices from Tacoma
described in the proceeding paragraph , Lakehaven shall have the
right to:
1 . By written notification to Tacoma , have Tacoma initiate
and complete engineering and design work necessary to
construct the mutually agreed upon facilities required
to provide early water delivery to Lakehaven.
2 . Upon the completion of the design and engineering work
described in subparagraph 1 , by written notification to
Tacoma, have Tacoma initiate and complete construction
15
of the facilities required to provide early water
delivery to Lakehaven, and supply water in amounts up
to 1 , 650 acre-feet per year , and at a rate up to 5 MGD.
The activities described in subparagraphs 1 and 2 above
shall be paid for by Lakehaven. Tacoma will utilize reasonable
efforts to expedite activities described in subparagraphs 1 and 2
above.
In the event that Tacoma and Lakehaven agree that the
development of groundwater supply from Tacoma sources is
necessary to meet the early delivery water requirements of
Lakehaven, the following conditions will apply :
1 . In payment for such groundwater supply from Tacoma
sources, Lakehaven agrees to pay Tacoma an amount equal
to the O&M costs and capital costs of wells operated
and developed to support this groundwater supply to
Lakenhaven, as set forth in Figure 2 .
2 . when Phase I of the Storage Project begins operation
and Project water is available to Lakehaven, this
supplemental groundwater supply will no longer be
available to Lakehaven except on an as available basis .
3 . Alternatively, a groundwater recharge project, such as
Lakehaven's Oasis Project , could serve in place of the
Storage Project . Implementation of such a groundwater
recharge project coupled with the availability of
Project water, would remove Tacoma 's groundwater
obligation except on an as available basis.
16
a . In any avant , any groundwater committed to Lakehaven
may be recalled by Tacoma at any time after the year
2011 , by Tacoma providing Lakehaven written notice of
such recall not less than three years prior to the
ettective date of such recall .
Qptiaa 1
if the Project has not been completed by the last day of
2010, on and after such date Lakehaven may elect to take its
proportionate share ( 1/9) of the water available under the Second
Diversion Water Right by way of diverting water from the Green
River in the vicinity c! Auburn. Lakehaven shall make such
election by providing written notice of such election to Tacoma .
In payment for such water supply, Lakehaven agrees to pay the
costs of exercising the right to receive such water , including
without limitation the costs of the MIT Agreement, it any.
Lakehaven shall make a written offer of participation in the
activities to be undertaken by Lakehaven pursuant to this
Option 2 to Tacoma , Kent and Covington . Upon receipt of such
written notice, Tacoma, Kent and Covington shall notify Lakehaven
whether they wish to so participate . Should Tacoma and/or
Lakehaven elect to participate in any of the Contingencies, the
party so electing shall pay their proportionate share of the
costs of implementing any such Contingency .
In the event that Lakehaven exercisers its rights under the
this Option 2 , and the Project is completed, Lakehaven and any
other party participating in any such Option 2 activities shall
1l
DEC-i6-_99% 15:29 wH EF: D:E iL' ZLc -
receive as a credit against its share of Project costs an amount
equal to the monies paid by each participant to implement those
portions of Option 2 which are incorporated into the Project.
If facilities are constructed pursuant to this Option 2 ,
fixed O&M costs for operating much facilities will be apportioned
among the participating parties on a basis proportionate to the
capacity of such facilities which is available to each
participating party, without regard to the amount of water taken
or not taken. Variable O&M costs will be apportioned based on
the amount of water used by each participating party.
If Lakehaven, and other participating parties, construct
facilities pursuant to this Option 2, and such facilities are not
incorporated into the completed Prc)ect , Lakehaven and the
participating parties shall make a payment to Tacoma to
compensate for a share of the costs incurred by Tacoma to procure
permits, rights of way, easements and the second Diversion water
Right. Tacoma, Lakehaven and other participating parties shall
enter into good faith negotiations to determine the amount of
such payment.
other xsttars
In the event that Lakehaven pursues piloting of artificial
recharge in the Mirror Lake or Redondo-Milton Channel aquifers,
Tacoma agrees to extend the Interim water Supply Agreement, dated
June 8, 1995 , for an additional four years ( from June 8, 1999
until June 8 , 2003) , on the condition that Lakehaven pays any
18
additional costs of water transmission or installation or
operating costs of any pumping facilities which may be required.
Tacoma Public Utilities City of Kent
By: _._ By: -
Mark Crisson Jim White
Director Mayor
Covington Water District
By:
President
Board of Commissioners
Lakehaven Utility District
By :
President
Board of Commissioners
Date
19
aCD LU
MO) f
o
i
w
co
7 � h
SDl6Z a6Ed:Z,gZk �'•ridLD:Z L61BliZt �99EZL6E5Zhl 11Vkid jN00Nfllfl HSliVW :Fo ;uag
ar
rm.WW camw Produse 3300 6MIS F m Grouedwayr in Sasrtlt Tasomtdmsl�¢
Assumptions: 1) For astLm"WS purpow aaab.d produ=s 1$00 gpm
2) Pumpint Period 1. 120 dyrs
3) Dr71ad wOU OWNS wd swats inns a 40 year wonomia sh
4) pymps, motor, dOwW aquipmsm mad WWmWY 8**=wd
Gas 25 yw economic liar
5) welt building ltas 50 7w OMOOnk Uh
6) Indman is 3%per year
7) disoourn fate is 6'K per year
(plant coM)
8B 4"in 1989 cost $93,020
aye inflation 199Q1996(7 yarn)
(1.03)7(93,020)•S 114.403
Annual cost 40 year life®6'!4 5 7,603
0.06646 (114,403)e
Pump,
factor, electrical dt telemety equip.is I cost S102,626
3%its WOD 1991.1996 (6 yoars)
(1.03)6(102.626)-S122,541
MtfuW cost 25 year We 0 6'Y. S 9,596
0,07623 (122,541)
yysH buildit(U.P.)in W cost S91,114
3%inflation 11185-1996(4 yarn)
w 5118,883
Manual cost 50 ysar fife®M i_7 542
0.063" (111,383)-
• Total"umned armful CAPrtal cost per wd1 S24,731
(dun not lcactude Iand or land rijlrts,w*M00:ial 900s,
an*c=sntal and perfnittiV costs or ftMA sdon
piping from weU to distribution system)
production
325,851 SAY& a bet
•795.5 am[wOweU
Number of wells needed- 3300 2CIM no
795.5 aces fm VWBB
4.15 nay 4 veh •4 S24 731)
• Tota1 estimated smtuel capital cog to produce 3300 acre fist/yar ($99,024
c
ae
m
N
Pay;.• 1 UI .
o_IOC2(7,573,029)a-5409,7011rr
bmiuboft
600. Somas of"y Oeoel
O.10t2 (237,330Y2'S 1 Z,f4Wyr
601.31 svxw of SuP*Wool
601,33 (S9,Si9 137,913)f2'$98,701
601.4 Wsty SUPPLY Cc6trW
O.IM(451,6W =524,433tyr
601.7 Fka Saviow
O.IM(4E9.914)2-526,50 *
603. )GI
O.1092(139,AM>7-=7.0491yr
610_ bukumm suprviri0n
O.1092(=,4ffA 0 SI.21W
611.4 MkdSWM W@b t SPMP
185.21312'M6071yr
612.0 Mile.MmhgMWM WOK SuPPly Plat
0.1052(2.31 ly2- $12W R63,474
-- --
NAMMUMSt
6W. SWWVWoe&Eeowedn OPWWM
0.IOt2(1i2,9'l4)fl 39.IKWYr
641. C2MiNk
0.1 W2(600,019)FZ '532.461/yr
64Z. OPM* t TfSKM 4
0.10t2 (524,403)f2 '329,3701yr
642.5 Flied(Tfm=mt)
0.10t2(36,36BY2-SIA M
642.7 Fluoride Av w Fla
0.10i2(1914E9)fZ SI,0541yr
643. 1 +s
0.1092(60,69CY2 53,29r/yr
650 Via'AL Fr4kwadft Maims==
Nag. 2 of 4
:O•Jk gun _R .,�_ ___ co- ,_ --
0.1082(46.088y2-S2.493Aw
632 Water 2rM0�epm Sgnipment Sff�
0.Im(2S 1002.913.63I/!r
6S2.14 Fhowe Mass moin"naoe
0.1092(5.3M7-SP VW
633. lmadaaewte wimWersome
0.1082(16,477}2�S89lIyr
304,67W
Water
560. SupwvW=&P.ROMWia8 OPenda►
O.IM2(320,664)f2 w S17,3481yr
661, Oporsdom
0.1082(235,034)12-S 12,71 W
60. miroelaaeate Operatioos
0.1082(40,62ey2- SZ,19Nyr
670. widwaWroe Supavielon&PBmeeiot
0.1082(10,039A-S5431yr
671. Maitnemoa TraaoOiaioQ
0.1082(34S,276A-St8,67Wff
672. Mahmeaaoe Stww
0.1092(20,S19y2-S1,11"
673. 114na1aeemai ldaln ou=
0.1081(37,967y2- $2,054/yr
611.3 Can of oroo ws
0,Im(95,781Y2 m 35.lgvyr
615.12 Bvidirg Se vk=
a1082(1,391,338)12-S7S,271lyr
Sl3s,:01ryr
Sw ee of SWOP S263,474
Wolff'11"arem 94.679
Trans. t Stmv 113.141
5493,zn
Taxes 491472
1,0374,I31 (409,701)- S195-424
Total E4om.eed adtM Demand
Cosh for 17 Wds S6M.696/Yr
Total for 4 weW 9 (689.696)- 816Z,046/yr
17
ToW EMMed AMW OAK;GPW COO sf
t.wb to podiws 3300 um Est for sosio No.2-9162,046+M.04•�.9�'
• WON"*a is am asml am dv=apitd am od dw M*ft of O&M oom am
a wiml wbobw or so wis as wMab P"NVW 1°•p"m Po'
Y36'C 'i UI r
TOTAL F.25
Kent City Council Meeting
Date January 20, 1998
Category Consent Calendar
1. SUBJECT: GLEN KARA - BILL OF SALE
2 . SUMMARY STATEMENT: As recommended by the Public Works
Director, authorization to accept the bill of sale for Glen
Kara submitted by Lakeridge Development, Inc. for continuous
operation and maintenance of 1,861 feet of sanitary sewers,
1, 380 feet of street improvements and 2,727 feet of storm sewer
improvements and release of bonds after the expiration period.
The project is located west of 100th Avenue SE & SE 222nd
Street.
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. 3H
r� [US rU
Q zDtTH`206TH
r W Y- V1
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m r x
e 206 FLW SE 208TH 9T —
r
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m p ^,PL S 211TH ST 1t o
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ST z
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k` ) 214 P w ¢ �TVTh i� �� z21V PL W ��^ 4TH ST x
M - n
m'2161 T ¢ oo c
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PROJECT LOCATION` a 5E ;� F ST —�
0- - 218 c m <
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218TH S' 210TH ST ¢TH PL
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224 PL'-,- 25TH S
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i i ¢ SE 231 ST 230 PL c 1� S,t•Q IS T x SE`1
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GLEN KARA
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cr z W ¢ ¢ S 242N0 ST
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Kent City Council Meeting
Date January 20 1998
Category Consent Calendar
1. SUBJECT: COUNTRY VIEW ESTATES DIVISION II - AMENDED BILL OF
SALE
2 . SUMMARY STATEMENT: As recommended by the Public Works
Director, authorization to accept the corrected bill of sale,
submitted by Shamrock Development Corporation for Country View
Estates Division II for continuous Operation and maintenance of
1600 feet of street improvements, and release of bonds after
the expiration period. The project is located at S.E 226th
Street & 100th Avenue S.E.
The bill of sale for Country View Estates II was accepted at
the January 6th Council meeting. It has been determined since
that time that street improvements were omitted from the bill
of sale.
3 . EXHIBITS: None
4 . RECOlXENDED 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. 3I
Kent City Council Meeting
Date January 20 1998
Category Consent Calendar
1. SUBJECT: KIWANIS TOT LOT #4 - ACCEPT AS COMPLETE
2 . SIIMMARY STATEMENT: Acceptance of Kiwanis Tot Lot #4
Renovation Project as complete, and release retainage to
Parkwood Services upon notification of state releases, as
recommended by staff.
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 January 20, 1998
Category Consent Calendar
1. SUBJECT: HUNTERS GROVE SANITARY SEWER - BILL OF SALE
2 . SUMMARY STATEMENT: As recommended by the Public Works
Director, authorization to accept the bill of sale for Hunters
Grove Sanitary Sewer submitted by New Concept Homes for
continuous operation and maintenance of 693 feet of sanitary
sewer improvements and release of bonds after the expiration
period. The project is located at 116th Avenue SE and SE 230th
Place.
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. 3K
I R W ola u — J _ u F Gt 1 2 N rE in ry c� m
222NO ST } _ SE 222NO ST - - 0 2IB y22 222'PL2 9 i M1 h4,
s 2 N SE 223RD ST% BrF o^ F S DR m Q„ 22 P2
eu
SE
SE 224TH ST ^ - •t'� 1231 PL a m m P 2230
22 PL
SE
UM PL- 25TH_ST
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225 P a 226TN. ....--' •- "\��Se 225TM
226TH 3T m ti"'�--Q and .�i �226 `J9 Sf
N _ a a _ PL W PROJECT LOCATION
o gE 2z7TN o m ( - ter, SE 227TM PL '^
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'BCT 2aklh St SE 228TH ST gE 228TH W SE 228TH PL SE 228TH PL ¢ ll \ �. 2
0
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♦� Q�' < 230 ST m '% 230TH T i� 230 ST m
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244 ST SE,244TH ST CLARK LAKE' •'
244 CT i\ I 5E 245TX
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247 PL �'�•� \'', m'
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252N0 PL EJ., 252N0 PL SE 252N0
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R Sls r
r
Kent City Council Meeting
Date January 20, 1998
Category Consent Calendar
1. SUBJECT: 262ND STREET WATER MAIN IMPROVEMENTS - ACCEPTANCE
2 . SUMMARY STATEMENT: As recommended by the Public Works
Director, accept as complete the 262nd Street Water Main
Improvements project and release of retainage to James Guess
Construction upon standard releases from the State, and release
of any liens. The original contract amount was $92 , 179 . 68.
The final construction cost was $81, 141.96.
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. 3L
�l
Kent City Council Meeting
Date January 20, 1998
Category Consent Calendar
1. SUBJECT: BENSON HIGHLANDS FINAL PLAT FSU-95-10 - SET MEETING
DATE
2 . SUMMARY STATEMENT: Set February 3 , 1998, as the date for a
public meeting to consider a final plat application by R.K.L.
Construction for the Benson Highlands Final Plat No. FSU-95-10.
The subdivision is 5.67 acres in size and is located at 11208
SE 244th Street. The City Council approved the Benson
Highlands preliminary plat on April 2, 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. 3M
/�/�
t� ��=Ln�Cf � l as.�'�
Kent City Council Meeting
Date January 20. 1998
Category Other Business
1. SUBJECT: ELECTION OF COUNCIL PRESIDENT
2 . SUIRMY STATEMENT: Pursuant to the City's Resolution
No. 1094, the City Council must elect its president, who shall
also serve as the City's Mayor Pro Tem, in January of this year
for a two-year term.
3 . EXHIBITS: None
4 . RECOMMENDED BY:
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCALIPERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . ITY COUNCIL ACTION: �6,
Councilmember move Councilmember seconds
r �
that serve as City Council President
for a two-year to until January, 2000.
DISCUSSION•
ACTION•
Council Agenda
Item No. 4A
,v; f
Kent City Council Meeting
Date January 20, 1998
Category Other Business
1. SUBJECT: COUNTRY CLUB NORTH DIVISION 2 FINAL PLAT FSU-97-6
2. SUMMARY STATEMENT: This application for the Country Club
North Division 2 Final Plat is an it-lot single family
residential final plat located east of 140th Avenue SE at SE
236th Street. The preliminary plat was approved with
conditions by the King County Hearing Examiner, and upon
annexation to the City, the preliminary plat came under Kent' s
jurisdiction.
3 . EXHIBITS: Staff memo; map; Hearing Examiner (King County Land
Use and Services Division File No. L96P0004) report; and King
County Ordinance No. 12527
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 D � moves Councilmember� _ seconded
to approve staff's recommendation for the Country Club North
Division 2 Final Plat according to King County Ordinance
No. 12527 and File No. L96P0004 , and authorize the Mayor to
sign the final plat mylar.
DISCUSSION•
ACTION.
Council Agenda
Item No. 4B
WTUA
CITY OF Z,o\L22 IT
Jim White, Mayor
Planning Department (206) 859-3390/FAX (206) 850-2544
James P. Harris, Planning Director
MEMORANDUM
January 20, 1998
MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS
FROM: JIM HARRIS, PLANNING DIRECTOR
SUBJECT: COUNTRY CLUB NORTH DIVISION 2 FINAL PLAT (# FSU-97-6)
On November 18, 1996, the King County Council approved the Country Club North Division')
Preliminary Subdivison (Land Use and Services Division File No. L96P0006), a 11-lot single
family residential plat. The plat is located at SE 236th Street and east of 140th Avenue NE.
Now that the plat is located in Kent, it requires final plat approval by the Kent City Council.
Consequently, an application for final plat approval was filed by Baima & Holmberg, Inc. on
November 26, 1997.
Pursuant to Section 12.04.400 of the Kent Subdivision Code, a meeting of City staff was held
on July 30, 1997 to review the Country Club North Division 2 final plat (# FSU-97-6). At this
meeting it was the decision of City staff that the proposed final plat was consistent with the
requirements of the Kent City Code (Subdivision Code) Section 12.04.400 (A) (1) and (2)
relative to overall density of the subdivision and the provision of adequate subdivision
improvements.
Staff recommends the City Council approve the Country Club North Division 2 final plat
No. FSU-97-6 according to the conditions referenced in the Land Use and Services Division
File No. L96P0004 and King County Ordinance No. 12527.
JPH/mp:c:fsu976fp.cc
cc: Fred N. Satterstrom, Planning Manager
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October 30, 1996
OFFICE OF THE HEARINg FxaMINER
KING COUNTY WASHINGTON
700 Central Building -
810 Third Avenue R}- ".- SV!_D
Seattle, Washington 98104
Telephone (206) 296-4660 OCT 3 01996
Facsimile (206) 296-1654
BAIPN.a hJ-NibthG INC.
REPORT AND RECOMMENDATION TO THE KING COUNTY COUNCIL.
SUBJECT: Department of Development and Environmental Services
File No. L96P0004
Proposed Ordinance No. 96-833
Preliminary Plat of
COUNTRY CLUB NORTH DIVISION 2
Location: Generally located east of 140th Avenue
Southeast, at Southeast 236th Street
Owner/Develoaer: William Goodwin
13721 255th Place
Kent, WA 98042
SUMMARY OF RECOMMENDATIONS:
Division's Preliminary: Approve, subject to conditions
Division's Final: Approve, subject to conditions
(modified)
Examiner: Approve, subject to conditions
, (modified)
PRELIMINARY MATTERS:
Application or petition submitted: January 26, 1996
Notice of complete application: January 26, 1996
Department Preliminary Report issued: October 14, 1996
EXAMINER PROCEEDINGS:
Hearing Opened: October 28, 1996
Hearing Closed: October 28, 1996
Participants at the proceedings and the exhibits offered and
entered are listed in the attached minutes. A verbatim recording
of the hearing is available in the Office of the King County
Hearing Examiner.
ISSUES ADDRESSED:
• Drainage
• Access
FINDINGS CONCLUSIONS & RECOMMENDATION: Having reviewed the
record in this matter, the Examiner now makes and enters the
following:
COUNTRY CLUB NORTH DIVISION 2 - L96P0004 Page - 2
FINDINGS:
1. General Information:
STR: 15-22-04
Location: Generally located east of 140th
Avenue Southeast, at Southeast
236th Street
Zoning: R-4P
Acreage: 2.92 acres
Number of Lots: 11
Typical Lot size: Ranges from approximately 5,500 to
7,320 square feet
Proposed Use: Single family detached residences
Sewage Disposal: Soos Creek Water & Sewer District
Water Supply: coos Creek Water & Sewer District
Fire District: Fire District #37 (Kent)
School District: Kent School District #415
Date of Application: January 26, 1996
2. The Applicant proposes to subdivide a 2.92 acre parcel into
11 single family residential building lots. Proposed lot
sizes range from approximately 5,500 to 7,320 square feet.
The proposed density of 3.76 dwelling units per acre is
within the density range authorized by the R-4
classification.
3. The Department of Development and Environmental Services
("DDES") recommends granting preliminary plat approval,
subject to 22 conditions of final plat approval, as
indicated on pages 7 through 10 of the DDES report to the
Hearing Examiner dated October 28, 1996, EXCEPT that
recommended Condition No. 5 is amended to require
construction and upgrading of public and private roads in
accordance with Ordinance No. 11187 (1993 King County Road
Standards) , NOT Ordinance No. 8041 (a previous and no longer
effective edition of the King County Road Standards) .
4. The Applicant accepts the Department's report and
recommendation entered in this record as Exhibit No. 2,
described in Finding No.3, above.
5. A neighboring property owner expresses concern regarding
possible drainage impacts which may result from the proposed
development. Presently, during extreme storm events, storm
drainage overtops 140th Avenue Southeast immediately north
of the subject property. The Applicant's conceptual
drainage plan calls for drainage discharge through that
problem area. However, the Applicant's conceptual drainage
plan (Exhibit No. 12) and the Department's recommended
condition of approval No. 8 recognize and address the
problem circumstances. The Applicant agrees to install a
catch basin which will collect storm waters and discharge
them through a culvert which already has sufficient
capacity. Thus, upon completion of the proposed
development, the drainage problem not only will not be
worsened, but also will be immensely improved.
6. The Applicant agrees to recommended Condition No. 9.B which
requires the proposed sidewalk on the south side of the
access road to be extended west approximately 60 feet
offsite in order to connect to the existing sidewalk radius
which wraps from 140th Avenue Southeast toward the subject
property.
7. An Environmental Impact Statement is not required. DDES
issued a threshold determination of nonsignificance ("DNS")
regarding this proposed plat on September 3, 1996. No
person or agency expressed concern or appealed that
COUNTRY CLUB NORTH DIVISION 2 - L96P0004 Page - 3
determination. Fifteen days later, the Determination became
effective. The Determination is based upon an environmental
review which concluded that the proposal would not cause
probable significant adverse impacts upon the environment.
7. On the Applicant's revised preliminary plat drawing (Exhibit
No. 7 or Attachment 1 of Exhibit No. 2) two separate tracts
are shown to provide access to proposed Lot Nos. 4 through
6. In its recommended Condition No. 13, DDES recommends
that Lot 4 be required to be redesigned, in order that the
access to all three lots may be combined. This change is
required, among other reasons, because the King County Road
Standards prohibits parallel placement of private driveways
whenever possible. A combined driveway is presumed more
safe. See KCRS drawing No. 3-006.
8. Except as noted above, the facts and analysis contained in
the Land Use Services Division Preliminary Report dated
October 28, 1996 (published October 14, 1996) are correct
and are incorporated here by reference. A copy of the Land
Use Services Division report will be attached to those
copies of the examiner's report which are submitted to the
King County Council.
CONCLUSIONS•
1. The drainage concerns raised by a neighboring property owner
are valid concerns. For that reason it is imperative that
the Department's recommended drainage control conditions be
adopted and that the Applicant's conceptual drainage plan be
implemented.
2. If approved subject to the conditions recommended below, the
proposed subdivision will comply with the goals and
objectives of the King County Comprehensive Plan, Soos Creek
Community Plan, Subdivision and Zoning Codes, and other
official land use controls and policies of King County.
3. If approved subject to the conditions recommended below,
this proposed subdivision will make appropriate provision
for the public health, safety and general welfare and for
open spaces, for drainage ways, streets, other public ways,
transit stops, potable water supply, sanitary wastes, parks
and recreations, playgrounds, schools and school grounds,
and safe walking conditions for students who only walk to
school; and it will serve the public use and interest.
4. The conditions for final plat approval recommended below are
in the public interest and are reasonable requirements to
mitigate the impacts of this development upon the
environment.
5. The dedications of land or easements within and adjacent to
the proposed plat, as recommended by the conditions for
final plat approval or as shown on the proposed preliminary
plat submitted by the applicant, are reasonably necessary as
a direct result of the development of this proposed plat.
RECOMMENDATIONS:
GRANT preliminary plat approval to the proposed plat of Country
Club North Division 2, File No. L96P0004, Proposed Ordinance
No. 96-833, as illustrated in the Applicant's revised preliminary
plat drawing dated June 6, 1996 (Exhibit No. 7 of this hearing
record) , SUBJECT to the modifications required by the 22
recommended conditions of final plat approval contained in the
Department of Development and Environmental Services preliminary
COUNTRY CLUB NORTH DIVISION ,2 - L96P0004 Page - 4
report to the Examiner dated October 28, 1996 (Exhibit No. 2) ,
and SUBJECT FURTHER to the following additional modification:
Recommended Condition No. 5, as stated on page 7 of the
Department's preliminary report to the Examiner (Exhibit No. 2)
is corrected to read as follows:
All construction and upgrading of public and private roads
shall be done in accordance with the King County Road
Standards established and adopted by Ordinance No. 11187
(1993) , as amended. 1
ORDERED this 30th day of October, 1996.
R. S. Titus, Deputy
King County Hearing Examiner
TRANSMITTED this 30th day of October, 1996, to the following
parties and interested persons:
William Goodwin
Gloria Heath
King Conservation District
Shupe Holmberg, Baima 6 Holmberg
John L. Scott Land Department
Kim Claussen, DDES/LUSD, Site Plan Review Section
Tom Koney, King County Council
Michaelene Manion, DDES/LUSD
Paulette Norman, KCDOT, Roads Transportation
Carol Rogers, DDES/LUSD, Manager's Office
Lisa Pringle, DDES/LUSD, Site Plan Review Section
Steven Townsend, DDES/LUSD
Bruce Whittaker, DDES/LUSD, Engineering Review Section
NOTICE OF RIGHT TO APPEAL
AND ADDITIONAL ACTION REQUIRED
In order to appeal the recommendation of the Examiner, written
notice of appeal must be filed with the Clerk of the King County
Council with a fee of $125.00 (check payable to King County
Office of Finance) November 13, 1996. If a notice of appeal is
filed, the original and 6 copies of a written appeal statement
specifying the basis for the appeal and argument in support of
the appeal must be filed with the Clerk of the King County
Council November 20. 1996. Appeal statements may refer only to
facts contained in the hearing record; new facts may not be
presented on appeal.
Filing requires actual delivery to the Office of the Clerk of the
Council, Room 403, King County Courthouse, prior to the close of
business (4:30 p.m.) on the date due. Prior mailing is not
sufficient if actual receipt by the Clerk does not occur within
the applicable time period. The Examiner does not have authority
to extend the time period unless the Office of the Clerk is not
open on the specified closing date, in which event delivery prior
to the close of business on the next business day is sufficient
to meet the filing requirement.
If a written notice of appeal and filing fee are not filed within
fourteen (14) calendar days of the date of this report, or if a
written appeal statement and argument are not filed within
twenty-one (21) calendar days of the date of this report, the
COUNTRY CLUB NORTH DIVISION 2 - L96P0004 Page - 5
Clerk of the Council shall place a proposed ordinance which
implements the Examiner's recommended action on the agenda of the
next available Council meeting. At that meeting, the Council may
adopt the Examiner's recommendation, may defer action, may refer
the matter to a Council committee, or may remand to the Examiner
for further hearing or further consideration.
Action of the Council Final. The action of the Council approving
or adopting a recommendation of the Examiner shall be final and
conclusive unless a proceeding for review pursuant to the Land
Use Petition Act is commenced by filing a land use petition in
the Superior Court for King County and serving all necessary
parties within twenty-one (21) days of the date on which the
Council passes an ordinance acting on this matter.
MINUTES OF THE OCTOBER 28, 1996, PUBLIC HEARING Obj DEPARTMENT OF
DEVELOPMENT AND ENVIRONMENTAL SERVICES FILE NO. L96P0004 - THE
PRELIMINARY PLAT OF COUNTRY CLUB NORTH DIVISION 2.
R. S. Titus was the Hearing Examiner in this matter.
Participating at the hearing were Kim Claussen, Bruce Whittaker
and Shupe Holmberg.
The following exhibits were offered and entered into the record:
Exhibit No. 1 Department of Development and Environmental
Services File No. L96P0004
Exhibit No. 2 Department of Development and Environmental
Services Preliminary Report to the King County
Hearing Examiner for the October 28, 1996
public hearing
Exhibit No. 3 Application, dated January 26, 1996
Exhibit No. 4 Environmental Checklist, dated January 26, 1996
Exhibit No. 5 Declaration of Non-Significance dated
September 3, 1996
Exhibit No. 6 Affidavit of Posting indicating September 27,
1996 as date of posting and October 18, 1996 as
date affidavit was received by DDES
Exhibit No. 7 Plat map dated June 6, 1996 (revision)
Exhibit No. 8 Land use map 643E & W
Exhibit No. 9 Assessor's Maps SW & SE 15-22-5
Exhibit No. 10 Geotech Study - Geotech Consultants, dated
June 4, 1996
Exhibit No. 11 Level 2 Drainage Analysis by Baima & Holmberg,
received June 6, 1996
Exhibit No. 12 Conceptual Drainage Plan, received June 6, 1996
Exhibit No. 13 Letter dated January 2, 1996 from Gloria Heath
to DDES
Exhibit No. 14 Road and Storm Drainage Plan
RST:daz
\plats\196p\196p0004.rpt
1
King County TYPE OF CERTIFICATE December 1,1995
Roads and Engineering Division ®ORIGINAL Certificate #00260
Department of O CONDITIONAL File Number:95-11-30-02
Public works ❑REPLACEMENT Expires:March 1,1996
Yeslcr Building
400 Yesler Way awns 400
Seattle.bc419B104-2CW
CERTIFICATE OF TRANSPORTATION CONCURRENCY
Pursuant to King County Ordinance 11617,this certificate confirms that the transportation Concurrency requirement
for your proposed development has been satisfied and the specific number of development units are reserved for the
specified period of time for the development project described below:
1. Applicant Name and Address: Shupe Holmberg,Baima and Holmberg
100 Front Street S,Issaquah,WA 98028-3817
2. Property Location:
a. Property Address: 140th Avenue SE,N of SE 240th
b. Development Name:Country Club North Division 2
c. Parcel Number:1522059060,1522059161
d. 1/16, 1/4,Section,Township,Range:SW,SE 15-22-05
3. Type of Develop Permit To Be Requested:Formal Plat
4. Proposed Land Use:Single Family Residential
5. Zone Location and Reserved Units:
a.Concurrency Zone:348 Community Planning Area:Soos Creek
i. Commercial Project-Number of Buildings: Total Square Feet:
ii. Multi-family-Number of Units:
iii. Single family-Number of Units: 11
6. This Certificate is subject to the Following General Conditions:
a. This Certificate of Concurrency runs with the land,therefore,it is transferable only to subsequent owners of
the same property,subject to the terms,conditions and expiration date listed herein. This Certificate of
Concurrency is not transferable to any other property and has no commercial value.
b. The expiration date can be extended under the same terms and conditions as the development permit issued
pursuant to this certificate,or to coincide with the expiration dale of subsequent development permit(s)
issued for the same property,use and size as described herein.
?. ❑ Specific conditions ire described on the reverse side.
This Certificate Expires: March 1, 1996
unless you apply for the development permit described in item 6,above,prior to that date. Prior to receiving a
development permit,in extension may be requested from the Department of Public Works. If you received the
development permit,this certificate will be extended as described in Condition b,above.
When you apply for a development permit with King County's Department of Development and Environmental Services
(DDES),please bring this original Certificate of Transportation Concurrency as part of the development application
pocknge. Copies of the certificate will not be accepted. If you have any questions,please call(206)296-8764.
William G.Hoffman,P.E.,Manager,Transports anning Section
Department of Public Works
King County,Washington
A%;i iV I Y ,YVfao=-
(Submit Application, Plot P and Other Required Documents in T licate) H/;-S
ATTACH A ROUTE/DIRECTION MAP FOR LOCATING THE PROPERTY HEALTH DEPT USE ONLY
REQUEST FOR SUBDIVISION SEATTLE-KING COUNTY DEPARTMENT OF PUBLIC HEALTH
PRE-APPLICATION REVIEW ENVIRONMENTAL HEALTH SERVICES
Complete the following and submit with the appropiale fee. •NO=AR
Fee...$120.00 plus $60.00 per lot- if on-site disposal or individual well THIS APPLICATION I:
Fee.,.$W-CU_public seer aril public rater REVIEW OF PROPO
�•"� SEWAGE DISPOSAL.
Check Appropiale Box: SUBDIVISION❑ SHORT SUBDIVISION❑
APPROXIMATE STREET ADDRESS 1 140thAve SE.& SE 236th St. J
NAME AND/OR NUMBER OF B.A.L.D.APPLICATION I Country Club North Div. 2 J
LEGAL DESCRIPTION I See attached
PARCELft 11 , 5,2,210, 5.-, 9, 1,6 ,0'l, 9161
NUMBER OF ACRES 21 t 9,2 I NUMBER OF LOTS I ,1 ,1 SMALLEST LOT SIZE L t 6 6,5 p I sq. H.
TO BE REVIEW D lr i0-9277 J
OWNER William Goodwin I / ADDRESS 1137 1 S) 255th P1. Kent 98042 1 PHONE
AGENT 13aima & Holmberg/ ADDRESS 1100 Front St South Issaquah J PHONE 1392-0750 J
98027
THE FOLLOWING INFORMATION MUST BE PROVIDED:
WATER SUPPLY:(Complete Section 1,2 or 3 below)
Section 1.M Existing Public Water Supply I Soos Creek Water & Sewer Distri of J
Attach Certificate of Water Availability (Name)
Section 2.❑ Proposed Public Water Supply I J
(Name)
❑ Declaration of Covenant Attached ❑ Recording# 1 1 1 1 1 1 1 1 1 1 I ,or
❑ To be recorded with final approval
❑ Restrictive Covenant(s) (if applicable) ❑ Recording# 1 l t 1 t l l l t I l ,or
Attached ❑ To be recorded with final approval
❑ Water Use Agreement Attached ❑ Recording# 1 1 1 1 r 1 1 1 1 1 1 I ,or
❑ To be recorded with final approval
❑ Waterline Easements Attached ❑ Recordingli 1 1 1 t , , r i , r , I ,or
❑ To be recorded with final approval
Section 3.❑ Individual Wells(Minimum lot size required for individual well is 5 acres)
❑ Adequate water availability to be demonstrated prior to final approval
❑ Wells to be installed prior to final approval
SFwAr DISPOSAI r(C=pie a sSDL ianJ,2_.DL.hBInw')
Section 1. 1 Existing Sewer System I Soos Creels Water & Sewer District I
Attach Certificate of Sewer Availability (Name)
Section 2.❑ Individual On-Site Sewage Systems
Attach Soil Log Descriptions including soil type designation;(Minimum 1 per lot)and
Plot Plan(to include lot lines,lot sizes,location of existing sewage system(s)and soil log holes)
Section 3.❑ Community/Larger On-Site Sewage System (Attach Preliminary Report)
I,hereby,cortily that the informall n given in t is application is a true and accurate representation of the existing conditions on this plat.
Signature Of GWA r/Agent ,r, 440< S Date r2/27/91
Name of Certified Designer (Please pilot) K.C.1.01
'Signature of Certified Designer Dale
APPROVED Q )/
❑ DISAPPROVED
Idaiol 1 � (S itarianl / la rW Stpo sal
COMMENTSICONDITIONS
RED'
JAN U 2 1996
Any person aggrieved by any decision or linal order of the Health Officer may make written application for appeal to the
ALDER SOIJARF
King County Board of Selvage Review. Appeals must be filed within sixty(60)days of receipt of the decision or order.
DISTRICT HEALTH CENTERS
EASTGATE NORTHSHORE NORTH ALDER SQUARE CENTRAL
14350 SE Eaottiata Way 10000 NE 145th St- 10501 Maridlan Ave.N. 1404 Central Ave.S.Ste 101 172.20th Ave.
Bellevue,WA 90007 Bothell,WA 90011 Seattle,WA 90133 Kent,WA 90032 Seattle,WA 90722
296-4932 - 296-9707 296-4705 290-4702 296.4632
RECEIVED
® ocr , s 1996
BAIMA 5 NOLMBERG INC.
DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES
LAND USE SERVICES DIVISION
KING COUNTY,WASHINGTON
PRELIMINARY REPORT TO THE HEARING EXAMINER
OCTOBER 28, 1996-PUBLIC HEARING AT 9:15 A.M.IN ROOM#2
3600- 136th Place Southeast
Bellevue,WA 98006-1400
Phone: (206)296-6640
PROPOSED PLAT OF COUNTRY CLUB NORTH DIV 2 FILE NO: L96P0004
PROPOSED ORDINANCE NO: 96-833
A. SiJMMARY OF PROPOSED ACTION:
This is a request for a subdivision of 2,92 acres into 1 1 lots for detached single-family dwellings.
The proposed density is 3.76 dwelling units per acre. The lot sizes range from approximately
5,500 to 7,320 square feet. See Attachment I for a copy of the proposed layout.
B. GENERAL INFORMATION:
Owner/Developer: William Goodwin
13721 255th Place
Kent, WA 98042
206-630-9277
Engineer: Baima&Holmberg, Inc.
100 Front Street South
Issaquah, WA 98027
206-392-0250
STR: 15-22-04
Location: Generally east of 140th Avenue Southeast, at Southeast 236th Street
Zoning: R-4 P
Acreage: 2.92 acres
Number of Lots: I I
Density: 3.76 dwelling units per acre
Typical Lot Size: Ranges from approximately 5,500 to 7,320 square feet
Proposed Use: Single-family detached residences
Sewage Disposal: Soos Creek Water& Sewer District
Water Supply: Soos Creek Water&Sewer District
Fire District: Fire District#37(Kent)
School District: Kent School District#415
Complete Application Date: January 26, 1996
SlatGpVL96P0004.rpt - I -
PROPOSED PLAT OF COUNTRY CLUB NORTH DIV. 2
FILE N0,L96P0004
C. HISTORY/BACKGROUND:
The Subdivision Technical Committee of King County has conducted an on-site examination of the
subject property and has discussed the proposed development with the applicant to clarify techni-
cal details of the application, and to determine the compatibility of this project with applicable
King County plans, codes, and other official documents regulating this development.
As a result of preliminary discussions,the applicant presented the Technical Committee with a
revised plat on June 6, 1996. The primary modifications included the redesign/relocation of the
drainage tract and recreation space.
D. THRESHOLD DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE:
Pursuant to the State Environmental Policy Act(SEPA),RCW 43.21 C,the responsible official of
the Environmental Division(ED)issued a threshold determination of non-significance(DNS)for
the proposed development on September 3, 1996. This determination was based on the review of
the environmental checklist and other pertinent documents, resulting in the conclusion that the
proposal would not cause probable significant adverse impacts on the environment. Therefore, an
environmental impact statement(EIS)was not required prior to proceeding with the review
process.
Agencies,affected Native American tribes and the public were offered the opportunity to comment
on or appeal the determination for fifteen days. The DNS was not appealed by any party, includ-
ing the applicant,and it has been incorporated as part of the applicant's proposal.
E. AGENCIES CONTACTED:
1. King County Natural Resources&Parks Division: The comments from this division have
been incorporated into this report.
2. King County Community Planning Division: No response.
3. King County Fire Protection Engineer: Fire protection engineering preliminary approval
has been granted as requested.
4. Seattle-King County Health Department: The comments from the Health Department have
been incorporated into this report.
5. Kent School District#415: The comments from the District have been incorporated into
this report.
6. Soos Creek Water& Sewer District: The comments from this district have been
incorporated into this report. —
7. Washington State Department of Ecology: No response.
8. Washington State Department of Fisheries: No response.
9. Washington State Department of Natural Resources: No response.
10. Washington State Department of Wildlife: No response.
11. Washington State Department of Transportation: No response.
12. King County Conservation District: No response
suffmV1.96P0004.rp -2-
PROPOSED PLAT OF COUNTRY CLUB NORTH DIV. 2
FILE NO. L96P0004
13. METRO: No response.
F. NATURAL ENVIRONMENT:
1. Topography: The majority of the site is generally slopes to the west,with slopes ranging
from approximately 10 to 20 percent. Along the east boundary of the site, the slopes are
40%and greater.
2. Soils: Two surfaces soils are found on this site per King County Soil Survey, 1973.
a. The majority of the site is classified AgC.
b. The eastern portion of the site(40% and greater slopes)is classified AkF.
AeC -Alderwood gravely, sandy loam; 6-15%slopes. Runoff is slow to medium
and the hazard of erosion is moderate. This soil has a moderate limitation for
foundations, due to a seasonally high water table and slope. It has a severe limita-
tion for septic tank filter fields due to very slow permeability in the substratum.
AkF-Alderwood and Kitsap soils;25-70%slopes. Runoff is rapid and the erosion
hazard is very severe. This soil type has a severe limitation for foundations and
septic tank filter fields due to slopes and high slippage potential.
A geotechnical report was prepared by Geotech Consultants,Inc. (dated June 4, 1996).
This report identified the soil types and provided recommendations for setbacks(65 feet
from the top of the bank)and construction techniques(i.e., foundations, etc.). The
geologist for DDES has reviewed the site and the geotechnical study and is in agreement
with the setbacks/buffers recommended in the report(50-foot buffer,with a 15-foot
building setback line).
3. Hydrography: According to the King County Sensitive Areas Folio, Soos Creek, a Class 2
stream with salmonids,lies east of the site. No mapped hydrographic features exist on this
site. The site lies within the Soos Creek sub-basin of the Green River drainage basin.
4. Vegetation: This site is primarily covered in pasture grasses. Scattered evergreen/
deciduous trees and brush occur in limited numbers.
5. Wildlife: Small birds and animals undoubtedly inhabit this site;however, their population
and species are limited due to nearby development. Larger species may visit this site on
occasion. No threatened or endangered species are known to exist on or near the property.
The Sensitive Areas Map Folio indicates on Map(s)No. 5 that the eastern portion of the
subject property is within and/or adjoins Seismic, Landslide and Erosion Hazard Areas.
G. NEIGHBORHOOD CHARACTERISTICS:
The property lies in southeast King County, east of the City of Kent. Properties to the west and
west/southwest have been developed(Jane's Place, Shamrock Park,The Village at Soos Creek)
with lots ranging in size from approximately 2,500 square feet to 1 acre. Parcels to the north-
northwest range in size from l acre to 10 acres. Soos Creek Park and associated trail adjoins the
east boundary of the site. The proposed plat of Country Club North(DDES File No. L95P0028),
which is currently in the review process, is located southwest(intersection of 140th Avenue SE/
SE 240th Street).
suffrpU 900004.E -3 -
PROPOSED PLAT OF COUNTRY CLUB NORTH DIV. 2
FILE NO.L96P0004
The site itself has been partially cleared with the development of the previous short plat. Country
Club North Division 2 consists of Lots 3 and 4 of a previously recorded short plat(DDES File
No. S92S0054).
H. SUBDIVISION DESIGN FEATURES:
1. Lot Pattern and Density: The proposed lot and street layout is in conformance with King
County Codes(i.e.,KCC 21A, 1993 King County Road Standards, etc.).
2. Internal Circulation: The proposed lots will be served by a minor access road from 140th
Avenue SE which ends in a cul-de-sac. Two lots : &6)are proposed to be served from a
private access tract,which will be owned and maintained by the future lot owners.
3. Roadway Section: The road(s)will be improved to urban standards in accordance with the
1993 King County Road Standards. The Subdivision Technical Committee recommends
that the proposed sidewalk on the south side of the access road be extended west
(approximately 60 feet)to connect with the existing sidewalk on 140th Avenue Southeast.
I. TRANSPORTATION PLANS:
1. Transportation Plans: The King County Transportation Plan indicates that SE 240th
Street,located south of the site, is designated as a principal arterial.
The King County Regional Trails Plan indicates that the Soos Creek Regional Trail and
Gary Grant Soos Creek Park adjoin the east boundary of the site. However, 40%and
greater slopes preclude access to the park from the proposed subdivision. The subject
subdivision is not in conflict with these plans, nor with the King County Nonmotorized
Transportation Plan.
2. Subdivision Access: The site will gain access from SE 240th Street, a principal arterial to
the south,via 140th Avenue Southeast.
3. Traffic Generation: It is expected that approximately 110 vehicle trips per day will be
generated with full development of the proposed subdivision. This calculation includes
service vehicles(i.e.,mail delivery,garbage pick-up, school bus)which may currently serve
this neighborhood, as well as work trips,shopping, etc.
4. Adequacy of Arterial Roads: This proposal has been reviewed under the criteria in King
County Code 14.70,Transportation Concurrency Management; 14.80,Intersection
Standards;and King County Code 14.75;Mitigation Payment System.
a. King County Code 14.70-Transportation Concurrency Management: The
Transportation Certificate of Concurrency dated December 1, 1995, indicates that
transportation improvements or strategies will be in place at the time of develop-
ment, or that a financial commitment is in place to complete the improvements or
strategies within six(6)years, according to RCW 36.70A.070(6)..
b. King County Code 14.80-Intersection Standards: The traffic generated by this
subdivision falls below the threshold requiring mitigation.
The existing arterial system will accommodate the increased traffic volume
generated by this proposal.
swrrpftD6P0004.Rr -4-
PROPOSED PLAT OF COUNTRY CLUB NORTH DIV. 2
FILE NO.L96P0004
C. King County Code 14.75-Mitigation Payment System: King County Code 14.75,
Mitigation Payment System(MPS), requires the payment of a traffic impact mitiga-
tion fee(MPS fee)and an administration fee for each single family residential lot or
unit created. MPS fees are determined by the zone in which the site is located.
This site is in Zone 348 per the MPS/Quartersection list. MPS fees may be paid at
the time of final plat recording,or deferred until building permits are issued. The
amount of the fee will be determined by the applicable fee ordinance at the time the
fee is collected.
J. PUBLIC SERVICES:
1. Schools: This proposal has been reviewed under RCW 58.17.110 and King County
Ordinance 10162(School Adequacy).
a. School Facilities: The subject subdivision will be served by Sunrise Elementary,
Madsen or Meridian Junior High, and Kentwood Senior High Schools,all located
within the Kent School District.
b. School Capacity: The Kent School Board has adopted capacity figures which
indicate their ability to accommodate additional students.
C. School Impact Fees: Ordinance 12148 requires that an impact fee of $3,675 per
lot be imposed to fund school system improvements to serve new development
within this district. Payment of this fee will be a condition of subdivision approval. -
d. School Access: The District has indicated that the future students from this sub-
division may be bussed to the elementary,junior and senior high schools. However,
the district anticipates that this will be re-evaluated in the future. Therefore, future
students may walk and/or be bussed.
Walkway conditions to the intersection of 140th Avenue SE and SE 240th Street
consist of a combination of sidewalk and gravel/grass shoulders(ranging in width
from approximately 5-8 feet). Note: The proposed plat of Country Club North
(DDES File No.L95POO28)is located at this intersection. Currently,urban
improvements are proposed along the frontage of County Club North. -
2. Parks and Recreation Space: The nearest community park is Gary Grant Soos Creek Park
and Regional Trail which is located adjacent to the east boundary of the site;however, due
to the excessive slopes(40%and greater), direct access from the plat to the park is not
proposed.
KCC 2IA.14 requires subdivisions in the UR and R zone classifications to either provide
on-site recreation space or pay a fee to the Parks Division for establishment and mainte-
nance of neighborhood parks. At this time,the applicant is proposing to provide suitable
recreation space. The Subdivision Technical Committee concurs with the applicant's
proposal.
KCC 21A.14.190 requires subdivisions to provide tot/children play areas within the
recreation space on-site. At this time, the applicant has not provided a proposal for
improvements of the recreation tract. The Subdivision Technical Committee has
recommended that a plan be submitted and approved by DDES and King County Parks
prior to engineering plan approval.
SUffr L96tr000a.,p - 5 -
PROPOSED PLAT OF COUNTRY CLUB NORTH DIV. 2
FILE NO. L96P0004
3. Fire Protection: The Certificate of Water Availability from Soos Creek Water and Sewer
District indicates that water is presently available to the site in sufficient quantity to satisfy
King County Fire Flow Standards.
Prior to final recording of the plat,the water service facilities must be reviewed and
approved per King County Fire Flow Standards.
K. UTILITIES:
1. Sewage Disposal: The applicant proposes to serve the subject subdivision by means of a
public sewer system managed by the Soos Creek Water and Sewer District.
A Certificate of Sewer Availability, dated December 18, 1995,indicates this sewer district's
capability to serve the proposed development. The Health Department has recommended
preliminary approval of this proposed method of sewage disposal. The Department of
Development and Environmental Services concurs with this recommendation.
2. Water Supply: The applicant proposes to serve the subject subdivision with a public water
supply and distribution system managed by the Soos Creek Water and Sewer District.
A Certificate of Water Availability, dated December 18, 1995, indicates this district's
capability to serve the proposed development. The Health Department has recommended
preliminary approval of this proposed method ,s water supply. The Department of Devel-
opment and Environmental Services concurs with the Health Department's
recommendation.
L. COMPREHENSIVE AND COMMUNITY PLAN:
1. Comprehensive Plan: This proposal is governed by the 1994 King County Comprehensive
Plan which designates this area as Urban The proposed subdivision is not in conflict with
the policies of the Comprehensive Plan.
2. Community Plans: The subject subdivision is located in the Soos Creek Community
Planning Area. The site is zoned R-4 P (four dwelling units per acre). The applicant has
proposed a density of 3.76 units per acre. The following P-suffix conditions have been
established for this site by the 1991 Soos Creek Community Plan:
a. Clearing and Grading: The amount of clearing and grading to occur on the site is
limited to road and utility construction to a percentage of the individual lot based
on the lot size.
b. Seasonal Clearing: Clearing and grading shall not be permitted between
November 1 and March 31,unless otherwise approved by DDES. Note: Certain
activities may be exempt from this restriction(ie. landscaping of single family
residences;emergencies, etc.), refer to pages 149-150 of the Soos Creek
Community Plan.
C. Significant Tree Retention: The applicant shall retain ten percent of the significant
trees on individual lots for single detached dwellings, if any portions of such lots
contains erosion hazard areas.
The P-suffix conditions are reflected in the recommended conditions. The subject
subdivision is not in conflict with the goals,guidelines, and policies of the Soos Creek
Community Plan.
suff,anasrooa.rpt - 6-
PROPOSED PLAT OF COUNTRY CLUB NORTH DIV.2
FILE NO. L96P0004
M. STATUTES/CODES:
If approved with the recommended conditions in this report,the proposed development will
comply with the requirements of the County and State Platting Codes and Statutes,and the lots in
the proposed subdivision will comply with the minimum dimensional requirements of the zone
district.
N. ANALYSIS:
The Subdivision Technical Committee has identified the following issues involved in the
preliminary review and recommendations of this proposal:
Access Tract/Lot 4: The applicant has currently proposed access to Lots 5 and 6, located in the
southeast corner, from a private access tract. The access to proposed Lot 4 is via a"panhandle"
which runs parallel to the private access tract. In order to avoid future conflicts between an
individual driveway and the access tract, the Subdivision Technical Committee recommends that
Lot 4 be redesigned to gain access from the private access tract. Note: Per the 1993 King County
Road Standards, this tract shall be redesigned as minor access road (KCRS 2.03-26 feet in width,
etc.). This redesign will eliminate potential conflicts between two parallel driveways(access tract
and individual driveway).
O. CONCLUSIONS:
The subject subdivision will comply with the goals and objectives of the King County
Comprehensive Plan and will comply with the requirements of the Subdivision and Zoning Codes
and other official land use controls of King County, based on the conditions for final plat approval.
P. RECOMMENDATIONS:
It is recommended that the subject subdivision, revised and received June 6, 1996, be granted
preliminary approval subject to the following conditions of final approval:
1. Compliance with all platting provisions of Title 19 of the King County Code.
2. All persons having an ownership interest in the subject property shall sign on the face of
the final plat a dedication which includes the language set forth in King County Council
Motion No. 5952.
3. The plat shall meet the minimum density of the R-4 zone classification. All lots shall meet
the minimum dimensional requirements of the R-4 zone classification or shall be as shown
on the face of the approved preliminary plat, whichever is larger. Minor revisions to the
plat which do not result in substantial changes may be approved at the discretion of the
Department of Development and Environmental Services.
4. The applicant must obtain final approval from the King County Health Department,
5. All construction and upgrading of public and private roads shall be done in accordance
with the King County Road Standards established and adopted by Ordinance No. left,as
amended. 111,57
6. The applicant must obtain the approval of the King County Fire Protection Engineer for
the adequacy of the fire hydrant,water main, and fire flow standards of Chapter I7.08 of
the King County Code. If all lots are 35,000 square feet in size or more, or if the
subdivision is outside an Urban Growth Area and is developed at a density no greater than
one residential building lot per five(5)acres, or a cluster development outside an Urban
suvryut96Po004spi -7-
PROPOSED PLAT OF COUNTRY CLUB NORTH DIV. 2
FILE NO.L96P0004
Growth Area with lots under 35,000 square feet in size and offsetting permanent open
space is developed at a density no greater than one residential building lot per five
(5)acres,the subdivision is exempt per KCC 17.08.030.
7. Final plat approval shall require full compliance with drainage provisions set forth in King
County Code 9.04 and the storm drainage requirements and guidelines as established by the
Surface Water Management Division. Compliance may result in reducing the number
and/or location of lots as shown on the preliminary approved plat. The following condi-
tions represent portions of the Code and requirements and shall apply to all plats.
a. Drainage plans and analysis shall comply with the 1990 King County Surface Water
Design Manual and updates which were adopted by Public Rule effective January 1,
1995. DDES approval of the drainage and roadway plans is required prior to any
construction.
b. Current standard plan notes and ESC notes, as established by DDES Engineering
Review, shall be shown on the engineering plans.
C. The following note shall be shown on the final recorded plat:
"All building downspouts, footing drains, and drains from all impervious surfaces
such as patios and driveways shall be connected to the permanent storm drain
outlet as shown on the approved construction drawings# on file with
DDES and/or the Department of Public Works. This plan shall be submitted with
the application of any building permit. All connections of the drains must be
constructed and approved prior to the final building inspection approval. For those
lots that are designated for individual lot infiltration systems, the systems shall be
constructed at the time of the building permit and shall comply with plans on file."
8. An existing drainage problem exists at the driveway adjoining the northwest corner of the
site. Drainage flowing north from the existing curb along the east side of 140th Avenue SE
flows across the road into the property at 23455 140th Avenue Southeast.
The proposed drainage system for this development shall be connected to the existing road
drainage system on the east side of 140th Avenue SE, so as not to exacerbate the above
problem.
9. The following road improvements are required for this subdivision to be designed and
constructed according to the 1993 King County Road Standards:
a. The internal access road shall be designed to the urban minor access road standard.
b. The proposed sidewalk on the south side of the access road shall be extended west
(approximately 60 feet)to connect to the existing sidewalk radius off 140th Avenue
Southeast.
10. All utilities within proposed rights-of-way must be included within a franchise approved by
the King County Council prior to final plat recording.
11. The applicant or subsequent owner shall comply with King County Code 14.75,Mitigation
Payment System(MPS),by paying the required MPS fee and administration fee as
determined by the applicable fee ordinance. The applicant has the option to either: (1)pay
the MPS fee at final plat recording, or(2)pay the MPS fee at the time of building permit
issuance. If the first option is chosen,the fee paid shall be the fee in effect at the time of
plat application and a note shall be placed on the face of the plat that reads, "All fees
SWrrrMU6P0o0I.rpi - 8 -
PROPOSED PLAT OF COUNTRY CLUB NORTH DIV.2
FILE NO.L96P0004
required by King County Code 14.75, Mitigation Payment System(NIPS),have been paid";
if the second option is chosen,the fee paid shall be the amount in effect as of the date of
building permit application.
12. Lots within this subdivision are subject to King County Ordinance 10162 and
Ordinance 12148,which imposed impact fees to fund school system improvements needed
to serve new development. As a condition of final approval,fifty percent(50%)of the
impact fees due for the plat shall be assessed and collected immediately prior to recording,
using the fee schedules in effect when the plat received final approval. The balance of the
assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected
prior to building permit issuance.
13. Lot 4 shall be redesigned,so access is via the private access tract.
14. Lots 4, 5, and 6 shall have undivided ownership of the Access Tract and be responsible for
its maintenance. This tract shall be 26 feet wide and improved with a 22-Foot-wide paved
surface and controlled drainage.
15. The planter islands(if any)within the cul-de-sacs shall be maintained by the abutting lot
owners. This shall be stated on the face of the final plat.
16. Determine the top of 40%and greater slopes by field survey. Provide a 50-foot buffer
from these slopes. The steep slopes and associated buffer shall be placed in a sensitive area
tract.
17. The following note shall be shown on the final engineering plan and recorded plat:
RESTRICTIONS FOR SENSITIVE AREA TRACTS AND SENSITIVE
AREAS AND BUFFERS
Dedication of a sensitive area tract/sensitive area and buffer conveys to the public a
beneficial interest in the land within the tract/sensitive area and buffer. This interest
includes the preservation of native vegetation for all purposes that benefit the public health,
safety and welfare, including control of surface water and erosion,maintenance of slope
stability, and protection of plant and animal habitat- The sensitive area tract/sensitive area
and buffer imposes upon all present and future owners and occupiers of the land subject to
the tract/sensitive area and buffer the obligation, enforceable on behalf of the public by
King County, to leave undisturbed all trees and other vegetation within the tract/sensitive
area and buffer. The vegetation within the tract/sensitive area and buffer may not be cut,
pruned,covered by fill, removed or damaged without approval in writing from the King
County Department of Development and Environmental Services or its successor agency,
unless otherwise provided by law.
The common boundary between the tract/sensitive area and buffer and the area of
development activity must be marked or otherwise flagged to the satisfaction of King
County prior to any clearing,grading,building construction or other development activity
on a lot subject to the sensitive area tract/sensitive area and buffer. The required marking
or flagging shall remain in place until all development proposal activities in the vicinity of
the sensitive area are completed.
No building foundations are allowed beyond the required 15-foot building setback line,
unless otherwise provided by law.
18. A 15-foot-wide building setback line(BSBL) from the edge of the sensitive area
buffer/tract shall be shown on the face of the final plat.
SWrmUL96P0004.gA -9 -
PROPOSED PLAT OF COUNTRY CLUB NORTH DIV.2
FILE NO.L96P0004
19. The proposed subdivision shall comply with the Sensitive Areas Ordinance as outlined in
KCC 21A.24. Prior to engineering plan approval, the applicant shall provide notice on title
as outlined in KCC 21A.24.170. Permanent survey marking,and signs as specified in
KCC 21A.24.160 shall also be addressed prior to commencing construction activities on
the site.
20. Suitable recreation space shall be provided, consistent with the requirements of
KCC 21A.14.180 and KCC 21A.14.190. A recreation space plan shall be reviewed and
approved by DDES and the King County Parks Division prior to engineering plan
approval.
21. A homeowners'association or other workable organization shall be established to the
satisfaction of DDES which provides for the ownership and continued maintenance of the
recreation and/or sensitive area tract.
22. The following conditions shall apply to implement the P-suffix conditions that apply to this
property:
a. Seasonal Clearing: Clearing and grading shall not be permitted between October 1
and March 31,unless otherwise approved by DDES (1991 Soos Creek Community
Plan, page 149-150).
b. Significant Tree Retention: The applicant shall demonstrate compliance with the P-
suffix conditions regarding significant tree retention prior to engineering plan
approval(1991 Soos Creek Community Plan, Pages 152-155).
C. Clearing and Grading: The applicant shall demonstrate compliance with P-suffix
condition regarding clearing and grading prior to engineering plan approval(1991
Soos Creek Community Plan, pages 148-149).
OTHER CONSIDERATIONS:
1. The subdivision shall conform to KCC 16.82 relating to grading on private property.
2. Development of the subject property may require registration with the Washington State
Department of Licensing,Real Estate Division.
3. Preliminary approval of this application does not limit the applicant's responsibility to
obtain any required permit or license from the State or other regulatory body. This may
include obtaining a forest practice permit from the Washington State Department of
Natural Resources for tree removal.
MC:KC:lm
TRANSMITTED TO PARTIES LISTED HEREAFTER:
King County Conservation District
Steven C. Townsend,P.E., Supervising Engineer,Land Use Inspection Section
Hearing Examiner's Office
Lisa Pringle, Supervisor, Site Plan Review Section
Kim Claussen,Planner II
Bruce Whittaker, Senior Engineer,Engineering Review Unit
- 10-
PROPOSED PLAT OF COUNTRY CLUB NORTH DIV. 2
FILE NO.L96P0004
Baima&Holmberg, Inc.
100 Front Street South, Issaquah, WA 98027
William Goodwin
13721 SE 255th Place,Kent, WA 98042
John L. Scott Land Dept.
3380 146th Place SE, Suite 450,Bellevue, WA 98007-6492
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Lend Use Services Divielon
36001061h Place southeast 4 nimen.sion Cafcu1CIt ohs
Bellevue,Washington 98006.1400 ' �. ..
PRELIMINARY SUBDIVISION WORKSHEET RELATING TO DENSITY AND DIMENSIONS
A great many ordinances play a role in tie creation of a subdivision within King County. Detemining the
allowable density, maximum,density, n,ininrun, density, and lot wield, on a piece or property can be confusing.
This worlsheel will assist you in correctly applying specific portions of the code and will be used to delenninc
if a proposed plat or short plat meets the density and dimensions provisions of die King County Zoning Code
(Title 21A). This worlshcct is prepared to assist applicants, and does not replace compliance wide adopted local,
state and federal laws.
Preapplicatiou conferences are recomnpendcd". These conferences ielp to clarify issues and answer questions.
Ticy lnay save you bo0i time and money by eliminating delays resulting from requests for additional infomra-
tion and revisions. You may call 296-6640 to rind out how to arrange for a preapplication conference.
DATE: Ill 9 /96 j? ,:.
Count Club North Div. 2 ME NO.:
i\Ah�OF PLAT: L'3'
COMPItEIIENSIVE PLAN LAND USE DESIGNATION:
Urban Full r'
i.
ZONING: R4P \ _
CO1,INMITY OR SUBAREA PLAN: Sous Creek
if more than one Connprehcmivc Plan Land Use designalion.or zone classification exists fondle=props j�sl,a\v
the boundary between d,c land uses or zones and die area wid,in each on die preliminary plat n -su+grc-`—
lot is divided by a zone boundary, transferring density across zones oil dal lot lnay be pennined subject to die
provisions of KCC 21 A,12.200.
Please complete only tilt apolicahlc portions of the font,.
(Note: An example is provided widi calculations shown in parenu,csis for illustrative purposes. )iI this exatnple
tic area of lot is 9.51 acres, l,as an Urban land use designation, is zoned R-1, contains a wetland, 'I'd is
providing the recreation space requirement on site.)
1. Square feet in arcs of lot: 127,180 (414,255 )
2. Square feet contained in sensitive areas and buffers that are required to remain undeveloped,
except submergcd lands as d:fined by KCC 21 A.06.1265: 13,592 ( 9.025 )
3. Square feet contained in submerged lands as dcrined by KCC 21A.06.1265: -0- ( 0)
4. Square feet on perinretcr of project site which will be required to he dedicated for public
rights-of-way.. -0- ( 13.200)
5. Square feel within site which is required to be dedicated for public rightof-\way in excess of
sixty feet (60') i0 widdl. (Only right-of-\\•ay beyond a sixty foot wide road sce(ion):
-0 r ( 0)
6. Square feu contained in stonimn(er control facilities other than facilities which arc completely
underground, including but not limited to, reteutioruldneution ponds, drainage swales and
setbacks from such ponds and s.walcs: 9030 ( 30,3•10)
7. Base Density in dwelling units/acrc (front KCC 21A.12.030- .040 tables): 4 DU/acre (4 DUhcrc)
S. Maximum Density in dwelling unitslacrc (from KCC 21A.12.030 able-only required if
requesting to use die density incentive andlor density transfer provisions of KCC 21A.34 and
21A:36): N/A (6 DU/acre )
9. On-site required recreation space proposed. (See KCC 21A.14,180 for on-site recreation space
requirement. King County has lie discretion to accept a (cc it, lien of open space Per
KCC 21A.14.185.) 4,290 ( 14.430)
DENSITY AND DIMENSION CALCULATIONS
1. Site Area(KCC 21A.06.1172):
71he site area is dhc square feet ill area of the lot less submerged lands as defined by KCC 21A.06.1265, and
less areas which are required to be dedicated on die Perimeter of a project site for public tights-of-way.
127,180square fat in lot Example: 414.256
-0- square feet in submerged land - 0
-0- square feet in perimeter rights-of-way, - 13.200
127 1
127,180 site nrcn ]it square feel, 401,056 square feet
2.92 site area in ncrts' 9.2069 acres
('Note: convert to acres by diving by 43,560 to complete additional calculations)
11. Allnwahlc Dwelling Units(KCC 21 A.12.070):
r—
' blie allowable number of dwelling units shall be calculated by multiplying Lite site area (in acres) by die
bae�ldegsity in dwelling wtils/acre(froth KCC 21A.12.030-.040 tables)
2. site area x 4 ' base density = 11.7 allowable duelling units
Example: 9.2QG9 1cres x 4 DU/acre - 36.8276 (' rounded to 37 allowable dwelling units)
(• Note: sec below for iufonnalion oar roun(1ing)
111. Required On-site Recreation Space (KCC 21 A.14.180):
This section must be completed only if die proposal is a residential development of more dhan four units in
die UR or R zones, or a mixed use devclopmem of more than four units and required recreation space is
being provided on site. King County has die disereliou to accept a fee in lieu of all or a portion of die
required recreation space per KCC 21A.14.185. 71te rectation space requirements shall be computed by —
multiplying the «creation space requirement per unit outlined in KCC 2IA.14.ISO in square feel by die
proposed number of dwelling units.
390 recreation space requirement per unit x 11 proposed number of dwelling units = 41290
recreation space requlrcinent
Exanhplc: 390 sq. ft. per unit x 37 proposed dwelling units = 14.430 sq. ft. of recreation space required
1V. Net Buildable Area (KCC'_IA.06.797):
This section is used for computing minimum density and must be completed only if die site is located in die
R4 dhrough R-48 zones and designated Urban by die Kiug County Comprehensive Plan. 71ic net buildable
area is Lite site area less die fullowing areas:
127,180 site area in square fat Exampic: 401,055
- '0- areas within a project site which are required to be dedicated 0
for public right-or-way in excess of sixty feet (60') of width
-13,592 sensitive areas and sensitive areas buffers that are required
to remain undeveloped(except submerged land) - 9,025
- 9,030 areas required for snonnwalcr control facilities -30,640
. 4,290 areas dedicated or rescn•cd as required on-site recreation space 14,430
(Deduct area within slomiwater control facility if requesting recreation
space credit as allowed by KCC 21A.14.180)
-o- rcgimal utility corridors 0
-0- otter areas, excluding setbacks, required by King County
100,268 to remain undcvclopcd 0
net buildable nrtst in square feel 346,760 sq. `..
2.302 ncl buildablc nrcn in ncres ' 7.9605 -
V. Minimum Urban Residential Density(KCC 21A 12.060):
The minimum density requirement only applies to properties designated Urban in die King County
Comprehensive Plan and located in die R-0 dtrougIt R48 Zones. Minimum density sbali be determined
by multiplying to base deruily in dwelling units per acre (from KCC 2oduet A. 030 table)
bytnic net ry
buildable area of die site in acres, and dien multiplying due resulting p bY tc
percentage in de KCC 21A.12.030.A table. gg
4 base density x 2.302 net buildable area x min.density % = min.dn•clli C units required
Example: 4 DUlacre z 7.9605 acres x 85%'= 27.06S7 (• rounded to 27 mill. dwelling units)
(• Note: see below for information on rounding)
J
VI. Maximum Dwelling Unites Allowed: N/A
This section should be completed only if due proposal includes application of residential density incentives
(KCC 21A.34)or transfer of density credit(KCC 21A.36). Maximum density shall be calculated by
multiplying die site area'(in acres)by die maximum density in dwelling units/acre(from
KCC 2 IA.12.030- .040 tables).
site area x maximwu density =
maximum dwelling units nllawed
Example: 9.2069 acres z G DU/acre = 55.2414 (• rounded to 5S maximum dwelling units)
(• Note: see below for information on rounding)
VII. Rounding:
Wlieu calculations result it,a fraction, the fraction shall be rounded to die nearest whole number as
follows:
1. Fractions of.50 or above shall be rounded up: and
2. Fractions below .50 shall be rounded down. (KCC 21A.12.070)
vlll. Minimum Lot Area For Ctmisutctittc
Except as provided for nonconfomiances in KCC 21A.32:
A. In die UR and R zones no construction shall be pemtitted on a lot dint contains an area of less
tian 2,500 square fen or that does not comply will,the applicable minimum lot widdi, except
for towaliouse developments or zero-lot-line subdivisions; and
p, in die A. F, or RA zones:
i. Construction shall not be penniued on a lot conainung less dian 5,000 square feet; and
2. Construction shall be limited to one dwelling unit and residential accessory uses for
lots containing greater dian S,000 square feet, but less than 12.500 square feet.
(KCC 21A.12.100)
IX. Lot Width:
1-01 widdis shall be measured by scaling a circle of die applicabic diuneter wid,iu die boundaries of the
lot as shown below, provided dat an access easement shall not be included within die circle. (See
KCC 2 IA.12.050),
07/03/1997 09:09 3913055 BAIMA H3LMBcK3 T14C PAGE- 02
P�Vehwer 14, 19_ Introduc-u by Jane Ha ue
2 Ord96.2.43 Proposed No. 96-833
3
4
5
6
7 Y-25,2 7
8 ORDINANCE No.
9
10
11 AN ORDINANCE concurring with the recommendation of
12 the Hearing Examiner to approve, subject to
13 conditions (modified) , the preliminary plat of
14 COUNTRY CLUB NORTH DIVISION 2, designated Land Use
15 Services Division File No. L96P0004.
16
17
18 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
19
20 This ordinance does hereby adopt and incorporate herein as
21 its findings and conclusions the findings and conclusions
_. 22 contained in the report of the hearing examiner dated October
23 30, 1996, which was filed with the clerk of the council on
24 November 14, 1996, to approve, subject to conditions
25 (modified) , the preliminary plat of Country Club North Division
26 2, designated land use services division file no. L96P0004, and
27 the council does hereby adopt as its action the
28 recommendation(s) contained in said report.
29 INTRODUCED AND READ for the first time this day of
30 19 /
31 PASSED by a vote of LI-o this day of `-n0610';14P11t,
32 19 9!O
34 33 KING COUNTY COUNCIL
35 KING COUNTY, WASHINGTON
36
37
38
39
40
41 Chai
42
43 ATT T:
44
45
46
47 Clerk o4he ouncil
Kent City Council Meeting
Date January 20, 1998
Category Other Business
1. SUBJECT: SOUND TRANSIT STATION LOCATION
2 . SUMMARY STATEMENT: The Planning Committee will meet on
January 20th, prior to the City Council meeting, to discuss the
preferred site location for the commuter rail station. The
Committee' s recommendation will be presented to the Council.
3 . EXHIBITS: None
4 . RECOMMENDED BY: Planning 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 A)? moveed Councilmember AZ I secondgj
that the City Council designates 1AA,,4Au14i ,/,��� as the pre-
ferred alternative Sound Transit Station site, and directs the
Mayor to notify the Regional Transit Authority of th ei ijzr0
preference.
� "
DISCUSSION:�1�//U�� /
ACTION: n_n
Council Agenda
Item No. 4C
Kent City Council Meeting
Date January 20 1998
Category Other Business
1. SUBJECT: REGIONAL TRANSIT AUTHORITY - INTERLOCAL AGREEMENT
2. SIIMMARY STATEMENT: At the request of the Regional Transit
Authority, staff has negotiated an Interlocal Agreement between
the RTA and the City which sets out the responsibilities of
each party with respect to the commuter rail station
development. The agreement further establishes a Technical
Advisory Committee and staff contacts.
3 . EXHIBITS: Interlocal agreement
4 . RECOMMENDED BY: operations Committee 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 ' movegj Councilmember coh secondspi
to authorize the Mayor to sign the interlocal agreement with
the Regional Transit Authority.
DISCUSSION: --17 n
ACTION:
Council Agenda
Item No. 4D
COMMUTER RAIL PROJECT INTERLOCAL AGREEMENT
THIS AGREEMENT (the "Agreement"), is made and entered into this day of
1997, by and between the CENTRAL PUGET SOUND REGIONAL
TRANSIT AUTHORITY and the CITY OF KENT.
I. RECITALS
WHEREAS, the Central Puget Sound Regional Transit Authority ("RTA") is a duiv
organized regional transit authority existing under Ch. 8 1.104 RCW and Ch. 8 1.112 RCW and has
all powers necessary to implement a high capacity transportation ("HCT") system: and
WHEREAS, the City of Kent("City") is a Municipal Corporation operating under Ch. 35A
RCW, and is responsible for administering state and local land use laws and development regulations
that will apply to the development of the Project. The City is also responsible for managing streets
and municipal utilities within its jurisdiction and for providing municipal services, such as public
safety; and
WHEREAS, on November 5, 1996, central Puget Sound area voters approved local funding
for Sound Move, the RTA's ten-vear regional transit plan. The plan includes three new types of
regional transportation -- light rail, Tacoma-to-Everett commuter rail, and a regional express
bus/HOV system--that will be integrated with local transit systems and use a single. regional fare
structure: and
WHEREAS,this Agreement specifically relates to development of a commuter rail station(s)
within the City of Kent together with any ancillary facilities, such as commuter parking, passenger
drop off zones. and bus. auto. bicvcle and pedestrian access facilities ("Project"): and
WHEREAS, the RTA intends to begin commuter rail services between Seattle and Tacoma
in late 1999 with service to North Pierce County and South King County, including the Ciro. The
RTA desires to ensure that the siting and design of the Proiect is coordinated with local plans for
land use and circulation in the vicinity of commuter rail stations. and
WHEREAS. the city desires to ensure that the siting, design and development of the Project
are compatible with existing and proposed land uses and transportation circulauon systems in the
City and are consistent with regional and local planning policies pursuant to the Growth
Management Act; and
WHEREAS, the RTA's objectives as they relate to development of this project include:
1
1. Committing to develop the Project and deliver services consistent with
regional services goals and within the budget and schedules adopted in Sound
Move.
2. Meeting the important budget and timing objectives.
;. Preparing objective environmental documents that are adequate to meet the
decision-making needs of the RTA, with input from the City, and other
affected agencies consistent with legal requirements.
4. Giving local jurisdictions an active role in project development decisions, to
provide for appropriate RTA Board decisions, consistent with and subject to
the requirements of the HCT legislation, commitments in Sound:Llove. and
RTA policies.
5. Obtaining extensive preapplication review of Project elements for land use
and building code issues, a well as for potential street. right-or-way, or
easement vacations.
6. To the extent allowable by law, obtaining expedited processing of necessary
permits and approvals, and, if necessary, street or other vacations and any
utilitv relocations.
7. Becoming familiar with City codes and procedures that relate to the Projects
construction, and minimize conflicts regarding permits and approvals.
8. Working with community stakeholders during the project environmental
review and planning process to receive their input.
9. Providing a meaningful and inclusive public process that involves all
interests in the development. construction and implementation of projects and
services in Sound.Move.
10. Complying with all federal funding requirements.
11. Providing information on the Project to address citizen inquiries and concerns
during the design and permitting process. and
WHEREAS. the Citv''s objectives as they relate to this project include:
1. Fulfilling its mission to enforce state and local land use laws, environmental
processes, building code, and other regulations.
L
�. Assisting RTA to timely respond to land use and construction-related code.
permit, and procedural requirements.
J. Ensuring that the relevant environmental documents are sufficient to meet the
City's needs for any necessary permits and approvals. consistent with legal
requirements.
4. Providing constructive input into design considerations through the Project
environmental review. TAC and planning processes.
5. Working with the RTA to address citizen concerns during project planning
and permitting; and
WHEREAS, in meeting each party's objectives stated herein, it is the desire of the parties to
cooperate together to:
I. Develop commuter rail station(s) and associated facilities that effectively and
efficiently serve the transportation needs of citizens in the region and the
City.
2. Obtain timely review of necessary permits and approvals.
J. Minimize conflicts regarding permit processing and approvals.and maximize
predictability in City permitting requirements.
5. Involve the community in environmental review and design decisions.
including support of Technical Advisory Committees ("TAC"), as set out in
Attachment C.
6. Integrate the Project development with existing infrastructure and
development. including other transit facilities, public facilities, private
facilities, utilities, and parking .and develop operational plans that minimize
project impacts.
7. Derive the maximum effectiveness out of the RTA investment by
implementing accessible and efficient facilities and services; including
adequate park-and-ride capacity, bus transfer facilities, and bicyclerpedestrian
access.
8. Work toward development of transit-oriented land use policies to attract and
shape development around transit facilities in ways that benefit both transit
users and the community; and
WHEREAS,the Parties intend to cooperate in a coordinated effort to expedite environmental
review, permit review, design development and construction of a commuter rail system that meets
the region's transportation needs;
NOW, THEREFORE, in consideration of the covenants and assurances set forth herein. it
is mutually agreed as follows:
II. AGREEMENT
A. Designated Representatives. To ensure effective intergovernmental cooperation and
efficient Project review, the RTA and the City will each designate a representative(s) responsible for
communications between the Parties (the "Designated Representative"). Each Parry's Designated
Representative is identified in Attachment A.
B. Coordination. Designated Representatives are responsible for assisting the parties
in achieving their objectives and coordinating the various governmental agency or department staff
and consultants assigned to the Project. For example, the City's Designated Representative will be
responsible for coordinating review and decision on the Project from and appropriate City
departments including those which have responsibility for staff support to the City's Hearing
Examiner, Land Use & Planning Board, and City Council and Committees. Similarly, the RTA's
Designated Representative will be responsible for coordinating input from the RTA's consultants and
subcontractors, working to ensure that the RTA provides timely and complete submittals, and
working to ensure that the RTA responds promptly to City request for additional information.
Coordination of department staff and consultants by the Designated Representatives includes the
resolution of disputes that may arise between departments and/or consultants reporting to a single
jurisdiction,and the development of review schedules that allow for simultaneous review by multipie
departments.
C. Designated Support Staff. Each Party will identify staff members within each area
of responsibility for various Project applications and approvals ("Support Staff'). This support star
identified in Attachment A. shall report and be responsible directly to their respective Designated
Representative and shall be responsible for coordinating their area of responsibility with the Project.
D. Project Development Team. Staff from the City's Planning, Public Works. and
other appropriate City departments will participate with the RTA's architecture and engineering
teams in the Technical Advisory Committee ("TAC") during the design and development process.
Membership of the TAC is set forth in Attachment B. The duties and responsibilities of the TAC
are set forth in Attachment C.
III. ENVIRONMENTAL REVIEW
A. The RTA will serve as the State Environmental Policv Act ("SEPA") lead agency for
state environmental review of the Project. The Federal Transit Administration ("FTA") ,,vill ser-;e
a
as the National Environmental Policy Act("NEPA") lead agency for federal environmental review.
The RTA has prepared a plan-level environmental impact statement supporting the adoption of
Sound Move. Additional environmental review of the Project will be provided using a combined
SEPA/NEPA approach.
B. The RTA will provide opportunities for community and other public input to the
environmental review process through the TAC and other public meetings.
C. For any significant adverse environmental impacts identified during environmental
review, the RTA and the City intend to work together through the TAC to develop and evaluate
appropriate mitigation measures, consistent with SEPA/NEPA and other adopted City regulations.
Any mitigation measures shall be reasonably related to the Project's impacts and consistent with
environmental laws.
D. The City will have the opportunity to comment during the environmental review
process as provided in the SEPA and NEPA Rules, as well as other applicable regulations.
E. To further facilitate the city's review,and to ensure that any environmental documents
will meet the City's decision-making needs for Project permits and approvals, the RTA will share
key preliminary documents and drafts with appropriate City staff. The city agrees to promptly
review documents received from the RTA. Arrangements for the review and comment of documents
will be made through the RTA's and City's Designated Representatives and shall be coordinated with
review by TAC.
F. Final site selection will be determined by the RTA Board upon completion of the
environmental review process.
G. The RTA will provide to the City a schedule of environmental review milestones to
maximize the opportunities for city and community input.
IV. PERMIT PROCESSING
A. Pre-Appiication Conferences. City and RTA representatives will hold pre-
appiication meetings to discuss permitting requirements and processes. At these meetings. the RTA
will schedule opportunities for appropriate staff to participate in the design effort.
B. Permit Applications. The appropriate City department will allow the RTA to subrnit
a Project permit application (or applications. see below) prior to the completion of environmental
review. The City will notify the RTA of the need for changes or additions to the appiication(s). as
they become apparent to the City during the environmental review. TAC, and design deveiopme^.t
processes. The RTA will provide changes or additions to the permit appiication(s) in a timer.
manner.
5
C. Parallel Processes. The RTA and the City will emphasize the use of parallel
processes in their respective roles in Project development. Appropriate City departments will timely
consider and review Project permit applications, including simultaneous review of a building permit
application(s). Building permits may be reviewed in phases to allow certain preliminary site work
to begin while other design work is still being completed. provided that applicable land use and
environmental requirements have been met. The City will assist the RTA in establishing the most
expeditious strategy for completing land use and building permit review.
D. Construction and Land Use Fees. Specific terms of fees and services pro\ided will
be as provided in the City's permit fee schedule and other City ordinances that impose review fees.
E. Design Review. The RTA is committed to developing a quality design for the
Project. City and public input regarding design will be received through the TAC process. The RTA
recognizes the City's interest in the quality of station area design because of the long-term impact
the Project will have in the community. The RTA will therefore work with the City to ensure that
the public, and other interest groups have an opportunity for input on the Project design through the
TAC process. The RTA recognizes that the City has a formal design review process as required by
ordinance.
V. STREET, RIGHT-OF-WAY, AND EASENVIENTS
The Parties anticipate that vacation of city streets; rights-of-way, or easements may be
necessary to provide appropriate site(s) for Project facilities. Expedited submittal and review of
vacation petitions will therefore be critical to keeping the project on schedule. The RTA will submit.
and the City will review pre-petition street vacation filings to expedite the review process. The City
and the RTA, will coordinate and facilitate expedited petition and pre-petition circulation through
City departments and others on the City's distribution list for street vacations.
NT. PROJECT SCHEDULE
The Parties acknowledge the importance of completing the project so that the Commuter Raii
line may begin service by December 1999. Accordingly, the Parties will work in good faith toward
the RTA's scheduled objectives and target dates. A preliminary schedule is set forth in Attachment
D to this Agreement.
VII. BUDGET & FUNDING
The adopted Sound Move budget includes $6 million for downtown commuter rail station
area development within the City of Kent. This budget amount covers all Project costs. including
administration, environmental review. staff costs. design. property acquisition and relocation costs.
in addition to construction, mitigationw
and contingencies for the downtown commute: rail station
site. The City recognizes that it is the RTA's objective to develop the Project within this budgeted
amount and agrees to assist the RTA in achieving this objective.
VIII. PUBLIC INVOLVEMENT
The RTA will manage public community involvement activities at all levels with the
cooperation and participation of the City as agreed. These activities include. but are not limited to:
1. the Technical Advisory Committee;
.. public meetings and hearings on environmental documents. as required: and
he progress of the station design.development.and construction.
ongoing updates on t
IY. DISPUTE RESOLUTION
The Designated Representatives shall use their best efforts to resolve disputes and issues
arising out of or related to the tasks covered by this Agreement. The Designated Representatives
shall communicate regularly, to discuss the status of the tasks to be performed and to resolve any
issues or disputes related to the successful performance of this Agreement. The Designated
Representatives will cooperate in providing staff support to facilitate the performance of this
Agreement and the resolution of any issues or disputes arising during the term of this Agreement.
Y. MISCELLANEOUS
A. This Agreement is effective when fully executed following approval by each Party's
respective governing body.
B. This Agreement. including its Recitals and Attachments. embodies the Parties' entire
agreement on the issues covered by it. except as supplemented or amended by subsequent written
agreements by the Parties. All prior negotiations and draft written agreements are mersed into and
superseded by this Agreement.
C. If any portion of this Agreement is found to be unenforceable by a court of competent
jurisdiction. the remaining terms and provisions unaffected thereby shall remain in full force and
effect. The laws of the State of Washington shall govern this Agreement.
7
REGIONAL TRANSIT AUTHORITY CITY OF KEPT
By: By:
Name: Name:
Title: Title:
Date: Date:
APPROVED AS TO FORM:
ROGER A. LUBOVICH
CITY ATTORNEY
P:`LAWCON RACT,COAUIUTER.AGR
ATTACHMENT A
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ATTACHMENT C
DRAFT of 10/17/97 1:19 PM
ATTACHMENT C
Technical Adviyory Committees (TACs)
Purpose:
The pug^ose of the Technical Advisory Committee (TAC) is .o involve the City, the
RTA, and abroad group of interested and active caizeas :n a collaborative process for the
design and development of the City's commuter rail station. The TAC is intended to
provide an cfcetive and;meaningful process for public and agency input so that the�� '
commuter rail station is a creation of the community :n concert with the RT.�, and ..mot .t
is dcveioped consistent with he schedule and budget objectives of the RTA.
i ne TAC is not intended to supplant standing committees of the City or to modiry t^e
City's land use review fur-ction. Rather, the TAC is intended to provide project-specific
focus for decision-making on station siting and design issues anc to hcip accelerate
permit review and processing by the (::ty. By providing an opportunity for early
involvement and decision:malting by all of the interested and affected parties, the review
and permitting processes can proceed more Quickly wits fewer delays.
Membership:
Tite T AC will be comprised of representat'.ves of community and business groups. City
staff, planning commission members and others as annropriate. City represcatatives
should include staff.- .rom ae,ai-,ments tha. will be 'nvOlvcd in the review and per n:t:rg
of station facilities. Such sta-.Might inciuce represe: atives rom the Mayors office.
City legislative body, planning cor.:mission. dcsizn commission, engineer in o anti
nianning cepartr eats. Cor�n^�uniry representanves should include af_'ected ne:giiI ood
groups and other interested rZrcucs. 5usiness -11 . re�resentattves should include
business community leaders or a Ttembe: :Lon the fecal chamber of commerce or similar
organization. staff i,om local transit service prOvicers should also pardcipate in the TAC
to assist in the coordination aFservices'oetwecn cOmmutcr rail and other transit. Use:
groups (if any). should also be represented.
TAC membership will ' e established by e City and e RTn at a aumbcr that can
effectively pe for i the TAC's required role and at the same time facilitate a f=and
effective design and imple ;teatation process. The RTA anticipates that be^Neer' 10 and
15 ocaple will serve on the TAC. iae City of Kc nt will provide the RTA with a.list of
su;gested TAC members for the RTA's ap;,rovai.
,AEMO;LANnUM()F AGRFZ-BENT FOR�'NTI:LC VERNMENTAL
COOPERATIC)N FOR��-ACJMn•TO•su�L CO,A.MUTER R 1L YKOJt{-
DRAFT of 10/17/97 1:19 Phi
Work to be Performed:
Under the leadership of the RTA and the City, the TAC will meet regularly to work on
siting, design, and constriction issues relating to the commuter rail station. Tasks will
include establishing design guidelines for station development, selecting a design team
for the station from the pool of design teams selected by the RTA, and "hosting° or
participating in the community involvement process during the design and
implementation stages of the Project. In TAC will besvolved in the review of
environmental documents prepared for the project.
th TAC will draw :_ m a pool of pre-qualified design teatrs by rccuesti--cr
As m d e
esigns,
proposals from a minimum of three pre-qualified design tc=s to irutiate h e deli;
process. The commuter -ail station design team selected will work with the TAC, the
local City staff, and the RT.� to ar ive gt a station design that will be identifiable as an
RTA facility yet tit into the surrounding urban fabric and the City's own vision of itself_
The RTA has a set of required elements for each commuter rail station. "i�e adapted
RTA budget for each.station allows for the minimum required transportation related
improvements. However, t'he City may seek other additional funding for additional
improvements. i nereforc the design program may entail .-nore than just the standard
platform, shelter, park-and-ride and bus connection elements.
Schedule:
The sc edule for the work of the TAC will be coordinated with the overall Project
schedule set out in the a grcemert between the RTA and the City. The RTA anticipates
that the TAC will work intensely durir-g -he first 6 months of its existence on cation
design issues, and that its warkioad will dCern 3S the °roiect moves into u
implementation stage.
Staffing.
Regular meetings will Occur at a convenient, accessible location in t:e City. Vfee is gs
will be held regularly on a schedule to be established in agree. ient with �`ie City and
TAC members.
MEMORANDUM OF ACRFF.MFN"r-oR^.`r=- GOVI ZNMENTAL ?age 1
('C)()PFRA7T0N rCR7t-iF 7A(:UMA-7C•SEA .._CCVMUrSK KAIL PROJFC.7
ATTACHMENT D
ATTACHMENT D
SCHEDULE OBJECTIVE TARGET DATE
Agreement on Expedited Permit Processing and October 1997
Environmental Review
Formation of Technical Advisory Committee October 1997
Designated Representatives Establish Agreements Called October 1997
For In Section 8
Preparation of Tacoma to Seattle Commuter Rail October to
Environmental Review Documents December 1997
Station Design December 1997
to July 1998
Environmental Documents Issued By RTA/FTA December 1997
FTA Approval of Environmental Review Documents February 1998
Construction Begins (as early as)
June 1998
Construction Complete!Shakedown Begins September 1999
Tacoma to Seattle Commuter Rail Service Commences December 19991
Kent City Council Meeting
Date January 20 1998
category Other Business
1. SUBJECT: LID 348 - INTERIM FINANCING
2 . SUMMARY STATEMENT: Interim financing for LID 348 in the
amount of $1,967 , 375 is needed to construct 64th Avenue South.
This amount will be financed internally until LID bonds are
sold by mid-1998 with interest to be charged at the State Pool
rate.
3 . g BITS: Memo from Finance Director
4 . RECOMMENDED BY: O erations 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 move Councilmember 6�hh secondej
to authorize the Mayor to approve interim financing for LID 348
in the amount of $1,967, 375 from the Street, Water, and
Sewerage Funds until bonds are sold in mid-1998 with interest
to be charged at the State Pool rate.
DISCUSSION:. -7
ACTION:_=/ / w
Council Agenda
Item No. 4E
Date: January 14, 1998
To: Mayor and Council Members
From: May Miller, Finance Director C�7
Subject: LID 348 Interim Financing
Authorization is requested to increase the amount of the internal financing on LID 348 from
$1,000,000 to $1,967,375. This is the amount of the budget needed to construct 64th Avenue
South from South 226th to South 216th including miscellaneous intersection improvements,
water main extensions, and sewer stub extensions to unserviced property. The city can save
issuance cost by utilizing internal funds from our own Street, Sewerage, and Water Capital Funds
until final costs are known and final LID rolls are established. The LID project will pay interest
at the State Pool rate of approximately 5.51%.
The Mayor currently has authority to authorize up to $1,000,000 internally for LIDS but we need
to request authorization for the Mayor to sign short term financing for approximately $1,967,375
until LID bonds are sold by mid-1998.
Council Action:
Authorization for the Mayor to approve internal financing for LID 348 for $1,967,375 from
Street, Water, and Sewerage Funds until bonds are sold in mid-1998 with interest to be charged
at the State Pool rate.
MM'Igd/98/counciUops0106.wpd
Kent City Council Meeting
Date January 20, 1998
Category Other Business
1. SUBJECT: 1997 COMPREHENSIVE PLAN AMENDMENTS & ZONING MAP
CHANGES
2. SUNKARY STATMENT: On November 24, 1997, the Land Use and
Planning Board held a public hearing to consider the proposed
1997 Comprehensive Plan Amendments and zoning map changes.
Eight applications were received by the Planning Department
prior to the September 1, 1997, deadline. Seven of these
applications involve changes to the Land Use Plan Map of the
Land Use Element, while one involves a text amendment to the
Capital Facilities Element. The Land Use and Planning Board is
recommending approval of five of the proposed amendments. One
application is recommended for denial, and another is forwarded
with staffs original recommendation because the Planning Board
was unable to pass a motion. The proposed Polygon Northwest
amendment was withdrawn by the applicant.
3 . EXHIBITS: Staff memo; Land Use and Planning Board minutes
11/24/97; Land Use and Planning Board minutes 11/24/97;
correspondence and maps
4 . RECOMMENDED BY: Land 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 j seconda4
fl B�FG
to adopt the Land Use and Planning Boards recommen ation on
the 1997 Comprehensive Plan amendments and zoning map changes
as modified by the City Council, and to direct the City
Attorney to prepare the necessary ordinance(s) .
DISCUSSION:
ACTION•
Council Agenda
Item No. 4F
CITY OF 1 Q� 11\J JS
- Jim White, Mayor
Planning Department (253) 859-3390/FAX(253) 850-?544
James P. Harris, Planning Director
PLANNING DEPARTMENT
MEMORANDUM
January 20, 1998
TO: MAYOR JIM WHITE, AND MEMBERS OF THE CITY COUNCIL
—FROM: MATTHEWS JACKSON, PLANNER/GIS COORDINATOR
SUBJECT: 9CPA-97-3 (A-H)/#CPZ-97-(1-7) - 1997 COMPREHENSIVE PLAN AND
ZONING AMENDMENTS
Attached is the Land Use and Planning Board's recommendation relating to the proposed 1997
amendments to the Kent Comprehensive Plan (#CPA-97-3 (A-H) and concomitant zoning
recommendations/4CPZ-97-(1-7). The Land Use and Planning Board conducted a public hearing
on this item on November 24. 1997 (see attached minutes).
As outlined in the attached staff report, the City received a total of eight proposed amendments to
the comprehensive plan. Seven of these requests involve changes to the Land Use Plan Map. The
proposed comprehensive plan amendments have been reviewed concurrently with corresponding
changes to the Kent zoning map.
The Land Use and Planning Board considered the following applications at their November 24th
public hearing. A summary of each application is provided below, followed by the Planning Board's
recommended action on amending the Land Use Plan Map and zoning map (see attachments A and
B).
Proposal A - Change to the Land Use Plan Map from Mixed Use to Industrial for property
located at 828 West Valley Highway (Anderson #CPA-97-3(A) and change in
zoning from GWC to MI/#CPZ-97-1)
The Planning Board is recommending that the applicant's property be redesignated
as Industrial in the comprehensive plan and M1 on the zoning map. The
recommended changes are as shown on the attached maps in attachments A and B.
0 111) %rI%L E sOUIH ; KEN_w.asHINGTON')NNu1, rl_I_ePHONI- ,';11 n,9-11011
1997 Comprehensive Plan and Zoning Amendments
January 20, 1998
Page 2
Proposal B - Change to the Land Use Plan Map from Low Density Multifamily to Mixed
Use for property located at 104th Avenue SE and SE 262nd Street (Sanders
#CPA-97-3(B) and change in zoning from MRG and O to CC/#CPZ-97-2)
The Planning Board is recommending that a portion of the applicant's property be
redesignated as Mixed Use in the Comprehensive Plan, and the entire property
rezoned to Community Commercial (CC) on the zoning map.
Proposal C - The applicant, Polygon Northwest, has withdrawn this application.
Proposal D - A change to the Land Use Plan Map from Commercial to Medium Density
Multifamily for the properties located west of Pacific Highway South, south
of Kent-Des Moines Road (Shulman #CPA-97-3(D) and change in zoning from
GC to MRM/#CPZ-97-4)
The Planning Board was unable to make a recommendation on this application.
However, a motion to deny this request failed to get enough votes. Staff
recommended a modified approval of this application to the Planning Board, as
detailed in the staff report to the Land Use & Planning Board dated November. 24,
1997 and attached herewith..
Proposal E - A change to the Land Use Plan Map from Single Family Residential (SF-6) to
Commercial for the property located at 11605 Kent-Kangley Road (T.M.
Investment#CPA-97-3(E) and change in zoning from SR-6 to NCC/#CPZ-97-)
The Planning Board is recommending that the applicant's property be redesignated
as Commercial in the comprehensive plan with the following condition: "that as a
condition of rezoning the .subject property commercial; the owner shall deed that
portion of the property necessary as public right-of-way for the widening and
improvement of 116th Avenue Southeast and Kent-Kangley Road as planned by the
City of Kent in conjunction with the South 2 7th Street Corridor Project." This
property would be rezoned to Neighborhood Convenience Commercial (NCC)on
the zoning map.
Proposal F - A change to the Land Use Plan Map from Single Family Residential (SF-3) to
Single Family Residential (SF-6) for the property located east of 132nd Avenue
Southeast between SE 276th Street and SE 282nd Street (Clasen/Dinsdale
#CPA-97-3(F) and change in zoning from SR-3 to SR-6/#CPZ-97-6)
1997 Comprehensive Plan and Zoning Amendments
January 20. 1998
Page 3
The Planning Board is recommending that the applicants' property be redesignated
as SF-6 in the comprehensive plan and SR-6, Single Family Residential, on the
zoning map.
Proposal G - A change to the Land Use Plan Map from Single Family Residential (SF-6) to
Commercial for the property located at the NW corner of Kent-Kangley Road
and 124th Avenue SE (Sinlada #CPA-97-3(G) and change in zoning from SR-6
to NCC/#CPZ-97-7)
The Planning Board is recommending that the proposed redesignation of the
applicant's property from SF-6 to Commercial be denied, and the zoning remain SR-
6, Single Family Residential.
Proposal H - Amendments to the Capital Facilities Element to update capital facilities
inventories, financial information, and project summaries (Kent Finance
Department #CPA-97-3(H)
The Planning Board is recommending that the Capital Facilities Element be amended
as outlined by the Finance Department.
Staff will be available at the January 20. 1998 City Council meeting to discuss the Planning Boards'
recommendations on these proposals and answer any questions about these applications.
,11J S.IPCIBLICIPLANN/NGICP.49'3CC.,VIEM
Attachments
cc: James P. Harris, Planning Director
Fred Satterstrom, Planning Manager
Kevin O'Neill, Senior Planner
Sarah Bradley. Planner
City of Kent - Planning Department
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APPLICATION NAME: Anderson
NUMBER: #CPA-97-3 (A) DATE: January 20, 1998
REQUEST: Comprehensive Plan Amendment LE_ ,�
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Recommendation:SF-6 to Commercial Plan boundary
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NUMBER: #CPA-97-3 (B) DATE: January 20, 1998
RPQUEST: Comprehensive Plan Amendment LEGEND
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NUMBER: #CPA-97-3 (D) DATE: January 20, 1998
REQUEST: Comprehensive Plan Amendment LEGEND A ;
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Recommendation:Commercial to Med. Density MF Plan boundary
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APPLICATION NAME: T.M. Investments
NUMBER: #CPA-97-3 (E) DATE: January 20, 1998
F QUEST: Comprehensive Plan Amendment LEGEND A
Application site N
Recommendation:SF-6 to Commercial Plan boundary
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NUMBER: #CPA-97-3 (G) DATE: January 20, 1998
P' QUEST: Comprehensive Plan Amendment LEGEND
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Recommendation:SF-6 to Commercial — Plan boundary
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APPLICATION NAME: Anderson
NUMBER: #CPZ-97-1 DATE: January 20, 1998
REQUEST: Comprehensive Plan Zoning LEgENQ
Application site
Recommendation:GWC to M1 Zoning boundary
City limits
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APPLICATION NAME: Sanders
NUMBER: #CPZ-97-2 DATE: January 20, 1998
RrQUEST: Comprehensive Plan Zoning LEGEND A
Application site
Recommendation:Office/MRG to CC Zoning boundary
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City of Kent - Planning Department
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APPLICATION NAME: Shulman
NUMBER: #CPZ-97-4 DATE: January 20, 1998
REQUEST: Comprehensive Plan Zoning LEIG END A
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Recommendation:General Commercial to MRM Zoning boundary
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APPLICATION NAME: T.M. Investments
NUMBER: #CPZ-97-5 DATE: January 20, 1998
R—QUEST: Comprehensive Plan Zoning LE END A
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?ecommendation:SR-6 to NCC __ Zoning boundary
City limits
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APPLICATION NAME: Sinkula
NUMBER: #CPZ-97-7 DATE: January 20, 1998
.QUEST: Comprehensive Plan Zoning LEGEND A
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Recommendation:SR-6 to NCC Zoning boundary
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CI TV OF
Jim White, Mayor
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Planning Department (253)859-3390/FAX(253) 850-1544
James P. Harris, Planning Director
LAND USE & PLANNING BOARD MINUTES
Public Hearing
November 24, 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 November 24. 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
Sharon Woodford
David Malik
LAND USE & PLANNING BOARD MEMBERS ABSENT:
Ron Hannon, excused
PLANNING STAFF MEMBERS PRESENT:
.lames Harris, Planning Director
Fred Satterstrom, Planning Manager
Kevin O'Neill, Senior Planner
Matthews Jackson. Planner/GIS Coordinator
Sarah Bradley, Planner
Pamela Mottram, Administrative Secretary
APPROVAL OF MINUTES_
Board member Tom Brotherton MOVED and Jerry Daman SECONDED a motion to approve the
October 27, 1997 minutes. The motion carved.
ADDED ITEMS TO THE AGENDA
None.
COMMUNICATIONS
None.
4ZC.4-99-8 WATER TREATMENT FACILITIES
4ZCA-97-9 CHURCHES IN THE.M-2 ZONE
1997 CO.MPREIIENSI1 E PLAN A AYENDMENTSCPA-97-3(A-II)ICPZ-97 41-7)
`0401,AVFNU[ SM 711 - KFNT.W\SHINGTON°180i2.S84' IT.LFPHONE i_- +„9-"
Land Use and Planning Board Minutes
November 24, 1997
Page 2
NOTICE OF UPCOMING MEETINGS
Planning Director Jim Harris announced that the City Council Planning Committee will meet at 3:30
p.m. on December 9, 1997 to discuss the Downtown Plan. He stated that a Land Use and Planning
Board meeting will not be held in December.
Tom Brotherton MOVED and Jerry Daman SECONDED a motion to open the Public Hearing.
Motion carried.
#ZCA 97 8 WATER TREATMENT FACILITIES - (F. Satterstrom)
Planning Manager Fred Satterstrom explained that the City of Kent needs to improve its water
quality by adding caustic soda to the public water supply. He stated that zoning requirements do not
allow for the addition of caustic soda to the water supply nor storage of large volumes of a hazardous
substance.
Mr. Satterstrom stated that current zoning at the sites is single family and office. The volume of
storage proposed by the Public Works department is only permitted in industrial zones and then by
conditional use permit. Mr. Satterstrom stated that the Planning staffs recommendation is to allow
water treatment facilities to be located by conditional use permit throughout the City.
Mr. Satterstrom explained the Planning staffs three alternatives as:
1) exception from the Zoning Code,
2) to create a special zoning district for public facilities, or
3) a conditional use permit.
Mr. Satterstrom stated that Planning staff recommends alternative #3 and that these types of water
facilities be considered as conditional use. A conditional use permit would require a public hearing
and notification of surrounding property owners.
Mr. Satterstrom stated that Planning staff recommends the following amendments:
1) Amending the definition of"Hazardous substance land use facility" (Section 15.02.178) of Kent
Zoning Code by adding the following words at the end "nor the use storage or handling of
hazardous substances in public water treatment facilities".
2)Amending the types of uses identified as general conditional uses in Section 15.08.030(B)(1)with
the following words:
Includes electrical substations, pumping or regulating devices for the transmission of water
(including public water treatment facilities), gas, steam, petroleum, etc., bus stops, transit stations.
#ZCA-97.8 WATER TREATMENT FACILITIES
#ZCA-97-9 CHURCHES IN THE M-2 ZONE
1997 COMPREHENSIVE PLAN AMENDMENTS CPA-9 7-3(A-H)1CPZ-97-(1-7)
Land Use and Planning Board Minutes
November 24, 1997
Page 3
etc. The words enclosed in parenthesis are added. Mr. Satterstrom explained by implementing this
change, these types of facilities would become conditional uses and deleted from the definition of
hazardous substance land uses.
City of Kent, Water Superintendent, Brad Lake explained that the City of Kent Water department
and water purveyors throughout the nation have been mandated to reduce the lead and copper uptake
of water systems into drinking water from household plumbing by adding sodium hydroxide to the
water. This would raise the pH level of the water and reduce corrosiveness. The 98th Avenue and
104th Avenue locations have been recommended as the best sites for locating the water treatment
facilities.
Brad Bell MOVED and Jerry Daman SECONDED a motion to open the Public Hearing. Motion
carried.
There was no public testimony on#ZCA-97-8 Water Treatment Facilities.
Brad Bell MOVED and Jerry Daman SECONDED a motion to close the Public Hearing. Motion
carried.
Tom Brotherton MOVED and Brad Bell SECONDED a motion to adopt Alternative #3 to amend
the definition of"hazardous substance land use facility" (Section 15.02.178.)and to amend the types
of uses identified as general conditional uses (Section 15.08.030 (13)(1)), and further recommend to
City Council to amend the Zoning Code to achieve staffs recommendation.
MOTION carried unanimously.
#ZCA 97 9 CHURCHES ' THE M-2 ZONE - (F. Satterstrom)
Mr. Satterstrom explained that this proposed regulatory review application was filed with the
Planning department in October by Johnny Williams of the Word of Praise Ministries. The specific
proposal is to allow churches in the M-2, manufacturing or limited industrial zone. At the present
time the zoning policies of the City of Kent allow churches in all commercial and residential zones
as a special permit use. Churches are allowed in CM- 2 zones. Commercial Manufacturing.
Mr. Satterstrom stated that the code amendment was changed to allow churches in the CM-2 zone
two years ago. At the current time throughout most of the industrially zoned land in the City of Kent
churches are not permitted. Mr. Satterstrom explained that this church is located on North Central
where the zoning is split. The building on the property along Central Avenue is commercially
zoned GC. The portion of the lot in the rear where two other buildings are located is zoned M2,
Limited Industrial. The church occupies a tenancy in part of the building that is M-2 zoned.
NZCA-97-8 WATER TREATWENT FACILITIES
NZCA-97-9 CHURCHES IN THEM-2 ZONE
997COMPREHENSIVEPLANAMENDMENTS CPA-97-3(A-H)ICPZ-9741-7)
Land Use and Planning Board Minutes
November 24, 1997
Page 4
Mr. Satterstrom reiterated that when the City contemplates changing zoning provisions to the M-2
zoning district, it relates to all M-2 zoning within the City of Kent.
Mr. Satterstrom stated that within the M-2 zoning district up to 25 %of a development may be used
for business service or industrial service type of uses which are not strictly industrial in nature. Mr.
Satterstrom stated that churches, by definition, are not one of these type of businesses under current
zoning policy. Mr. Satterstrom stated that staff recommends to the board that churches be added as
a special permit use in the M-2 zoning district. As a special permit use, it would be subject to some
restrictions in Section 15.08 of the Zoning Code, specifically in dealing with ingress,egress, site size
and parking.
Brad Bell MOVED and Jerry Daman SECONDED a motion to open the Public Hearing.
Motion carried.
There was no public testimony on#ZCA-97-9 Churches in the M-2 Zone.
Brad Bell MOVED and David Malik SECONDED a motion to close the Public Hearing.
Motion carried.
Brad Bell MOVED and David Malik SECONDED a motion to accept the staff s recommendation
to allow churches in the M2 zone as a special permit use. Motion carried.
1997 COMPREHENSIVE PLAN AMENDMENTS - (M. Jackson)
Planner Matthews Jackson explained that the Comprehensive Plan was adopted in 1995 pursuant to
the Washington State Growth Management Act. The Comprehensive Plan includes eleven elements
including land use, capital facilities, transportation and community design. Mr. Jackson stated that
one of the requirements is for the plan to remain intemally consistent as well as keeping the land use
map and the land use plan consistent with the zoning maps. By ordinance, the City is allowed to
update its Comprehensive Plan September 1st of each year excluding the declaration of an
emergency. He explained that discussion would follow on several amendment requests.
CP a 97 3(H) CITY OF KENT FINANCE DEPARTMENT
Finance Director, Mayene Miller explained that the amendment to the Capital Facilities Element of
the Comprehensive Plan consists primarily of wording and technical corrections, and spoke at
length about the requested changes. Ms. Miller stated prior to implementing Growth Management,
Capital Plan needs were adopted without considering financial requirements. Growth Management
assures that a plan is in place with a reasonable way to pay for capital facilities.
#ZCA-97.8 WATER TREATMENT FACILMES
#ZCA-97-9 CHURCHES IN THEM-2 ZONE
1997 COMPREHENSIVE PLAN AMENDMENTS CPA-97-3(A-H)1CPZ-97-(1-7)
Land Use and Planning Board Minutes
November 24, 1997
Page 5
Ms. Miller stated that the budget of one year ago was $181 million and the current budget is $200
million. She emphasized that the largest portion of expense and a major portion of funding to the
City is the Corridor and arterial projects. Ms. Miller said that the City has appropriated
approximately $18 million each for storm water and water supply distribution over the next six
vears. The cost for the corridors and street improvements is estimated at$17 million.
Brad Bell MOVED and Tom Brotherton SECONDED a motion to open the Public Hearing. Motion
carved.
There was no public testimony on CPA-97-3(H) City of Kent - Finance Department.
Brad Bell MOVED and David Malik SECONDED a motion to close the Public Hearing. Motion
carried.
Brad Bell MOVED and Tom Brotherton SECONDED a motion to approve staffs recommendation
for CPA-97-3(H) City of Kent Finance Department. Motion carried.
CPA 97 3(A)/CPZ 97 1 ANDERSON AMENDMENT
Planner Sarah Bradley stated that the applicant is requesting to change the land use from Mixed Use
and Gateway Commercial to a land use of Industrial and a proposed zoning designation of M-1,
Industrial Park. Ms. Bradley stated the property is located at 828 W. Valley Highway and consists
of 4.65 acres. It is currently occupied by a single family residence and an accessory building.
Properties to the north and east are zoned M-1 and are developed with industrial parks. A gem shop
and a self-storage facility are located adjacent to the property on the south and east, and are zoned
General Commercial. The property was originally zoned M-1 in 1977 and rezoned to Gateway
Commercial in 1990 for a 65,800 square foot commercial development.
Ms. Bradley explained that the Comprehensive Plan supports industrial land use, as the industrial
area is the core of Kent's employment base. The Planning staff recommend approval.
Brad Bell MOVED and David Malik SECONDED a motion to open the Public Hearing. Motion
carried.
Gary Volchok, 1420 5th Avenue, Suite 1700, Seattle, WA 98101 represents the Anderson in
their request to reverse the zoning of their property back to the original zoned Industrial status of
1977. Originally the owners felt their property would accommodate a commercial development.
Therefore, they rezoned the property to GWC, Gateway Commercial and the project never
transpired.
#ZCA-97-8 WATER TREAT.NENT FACILITIES
#ZCA-97-9 CHURCHES IN THE M-2 ZONE
1997 COMPREHENSIVE PLAN AMENDMENTS CPA-97-3(A-H)/CPZ-97-(1-7)
Land Use and Planning Board Minutes
November 24, 1997
Page 6
Mr. Volchok said the owners understand that GWC zoned property is not a development being
sought after by anybody along the West Valley Highway from Meeker Street north. Mr. Volchok
stated industrial zoning is located to the north and east and a gem shop to the south of the property.
A five lane road is located in front of the property with heavy traffic flow. Volchok explained that
an industrial development would decrease traffic flow. Mr. Volchok stated that industrial land
availability in the Kent Valley is scarce and this property is a highly sought after piece of land for
industrial uses. He stated that there is no wetlands on the property. Mr. Volchok stated he would
like to see the zoning change in order for development to proceed.
Mr. Jackson reiterated that we are considering amendments to the land use plan map as lone term
goals for the City, as well as changes to the zoning map in order to implement changes to the plan.
We are looking at non-project actions, not specific projects. Mr. Jackson explained that the City is
looking at the impacts of industrial vs. commercial development to the City's infrastructure as well
as single family and multifamily development. Mr. Jackson addressed citizen concern regarding
vacancy factors in the City of Kent.
Mr. Jackson addressed citizen concern regarding wetlands on the property. Any major development
on the site would require an environmental checklist. Through the environmental process, Planning
would investigate the need for a wetland delineation based on a wetlands inventory prepared by a
consulting firm in 1991. Mr. Jackson stated that to his knowledge there is no inventoried wetland
on this site.
Ms. Bradley responded to the wetland issue by indicating her research shows no wetland on that site.
She further stated that if an environmental checklist is submitted, the City could find the existence
of a wetland.
Brad Bell MOVED and Jerry Daman SECONDED a motion to close the Public Hearing. Motion
carried.
Brad Bell MOVED and Tom Brotherton SECONDED a motion to approve staff's recommendation
for CPA-97-3(A)/CPZ-97-1. Motion carried.
CPA 97 3(B)/CPZ 97 2 SANDERS AMENDMENT
Mr. Jackson stated that the applicant, Ruth Real Estate has applied for a reclassification on the land
use plan map on a 3.68 acre parcel located at 104th Avenue and 262nd Street as part of a greater
project to redevelop the adjacent Kent Hill Plaza Shopping Center. The current land use
designations for this lot are Mixed Use with restricted multifamily on the western half of the
property. The property has split zoning and split land use designation. The eastern portion is
designated for low density multifamily. The zoning on the western portion is designated Office and
NZCA-97-8 WATER TREATMENT FACILITIES
NZCA-97-9 CHURCHES IN THE M-2 ZONE
1997 COMPREHENSIVE PLAN AMENDMENTS CPA-97-3(A-H)/CPZ-97-(I-%)
Land Use and Planning Board Minutes
November 24, 1997
Page 7
Professional. Zoning on the eastern side is designated Garden Density Multifamily, 16 units per acre
maximum density. Mr. Jackson explained that the applicants are requesting that the entire parcel
be designated Mixed Use and the zoning designation as CC, Community Commercial.
Mr. Jackson stated that part of the land as well as a portion of Mill Creek is inventoried wetland.
There is limited potential for new development on the site. The location of the wetland on the
northern portion of that site would dictate how the site can be redeveloped. All wetlands as well as
50 foot buffers are set aside from development. The City's policy is no net loss of wetlands. Under
special circumstances, where a portion of the wetland is filled, a portion of wetland is created to
offset the encroachment. It will be the developer's responsibility to submit detailed information
regarding wetlands at the time of development.
Mr. Jackson spoke at length about the increase in traffic flow to the site stating that 104th is already
a major arterial in the City of Kent. He stated that 262nd and 264th to the south are low capacity
roads. Mr. Jackson stated there may be requirements for additional improvements to the right-of-
ways out there. One of the policies of the Comprehensive Plan is to encourage redevelopment of
older commercial areas. Mr. Jackson said that the City would like to see new development in this
area. Staff is recommending that the Board consider this for Mixed Use designation as well as
Community Commercial zoning with the stipulation that the City investigate environmental areas.
Brad Bell MOVED and Tom Brotherton SECONDED a motion to open the Public Hearing. Motion
carried.
Mr. Bill Ruth, 12410 S.E. 248th, Kent,WA. spoke in favor of Planning staff s recommendation
on this parcel. He has been involved with the Kent Hill Plaza Shopping Center since its inception
in 1981. He stated that portions of the shopping center have never been occupied. The Kent Hill
Plaza redevelopment is located from the portion of SE 260th to the south. From the Albertson store
north to Kent Kangley the buildings will remain intact. The proposal includes the demolition of
existing buildings (about 90,000 square feet) with the exception of the Virginia Mason Clinic
building located on the corner of 104th and 260th. The proposed usage would be set up as a single
big box user with 100,000 to 120,000 square foot area.
Brad Bell MOVED and Jerry Daman SECONDED a motion to close the Public Hearing. Motion
carried.
Brad Bell MOVED and Jerry Daman SECONDED a motion to approve staff s recommendation for
#CPA-97-3(B)/#CPZ-97-2. Motion carried.
#ZCA47-8 WATER TREATMENT FACILITIES
#ZCA-97-9 CHURCHES IN THEM-2 ZONE
997 COMPREHENSIVE PLAN AMENDMENTS CPA-97-3(A-H)/CPZ-97-(1-7)
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CP 97 3(Q/CPZ-97-3 POLYGON NORTHWEST AMENDMENT
Planning Director James Harris stated that Polygon Northwest had been withdrawn from the public
hearing.
CPA-97-3(D)/CPZ-97-4 SHULMAN AMENDMENT
Mr. Lynch submitted a letter from Transportation Planning and Engineering Inc. dated 11/6/97 as
exhibit#1 for the record. Chair Dowell submitted two letters 1) from the City of Des Moines dated
11/21/97 as exhibit#2 and 2) from Jack Lynch and Associates dated 11/7/97 as exhibit 93 for the
record.
Mr. Jackson stated that the applicant Mr. Lynch is requesting a designation on the land use plan of
Medium Density Multifamily and a zoning of MRM, Medium Density Multifamily at 23 unit per
acre maximum density. He explained that this land consists of five separate parcels totaling 7.5
acres. The property is located approximately 700' west of Pacific Highway South on the south side
of the Kent Des Moines Road. The existing Comprehensive Plan designation plan for the City of
Kent is Commercial and the corresponding zoning is GC, General Commercial.
Mr. Jackson explained that the property is located adjacent to the City of Des Moines. The site is
encumbered by wetlands as well as steep slopes. He stated that the elevation on the northeast portion
of this site is approximately 335 feet and approximately 285 feet on the western portion. The
wetland area as well as buffers will be set aside. He stated that the head waters of Massey Creek
flows into the City of Des Moines by way of a drainage system and could potentially require an
additional setback in addition to the setbacks and buffers required for the wetland areas.
Mr. Jackson stated that in 1995 this parcel received a revised Determination of Nonsignificance for
a review of a 32,000 + square foot commercial development to be constructed like the existing
Midway Crossing commercial project located to the southeast of this parcel. Mr. Jackson explained
that commercial development did not progress due to limited access and increased traffic generation
issues.
Mr. Jackson stated that two multifamily complexes exist in the City of Des Moines. One complex
is built at over 30 units per acre and the second complex consists of 40 units per acre. A single
family subdivision is located south of the subject property as well as a general variety of businesses.
The Seaview Apartments with 19 units per acre are located across Kent Des Moines Road. Mr.
Jackson explained that if MRM zoning is considered, Planning is looking at the potential for up to
190+units on the site based on a 23 unit per acre maximum density. Mr. Jackson further stated the
density is unrealistic for the site, due to its constraints. Mr. Jackson estimates that 40 to 50% of the
site will never be built on.
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An existing single family neighborhood.located to the south will be buffered by the existing
wetlands and the native growth located on the back half of that lot.
Mr. Jackson explained that development will occur along Kent Des Moines Road. The existing
multifamily developments are at a density which is much greater than what is being proposed here.
The nature of Kent-Des Moines Road as an arterial does not lend itself to lower density_
Mr. Jackson said that the City of Des Moines has applied land use designations to this property as
part of its' sphere of influence. He stated that City of Des Moines plans call for this site to be a
attached wall, single family townhouse development.
Mr. Jackson stated that the City of Kent's MRG zoning designation allows for a single family
residence or a duplex on a lot of 8,500 square feet. Mr. Jackson explained that MRG designation
is the most appropriate choice due to the amount of wetlands, consideration of neighboring land
uses, constraints applied to this property. He stated this would allow construction of up to 120 units.
Mr. Jackson said that Planning staff recommends MRG, Garden Density Multifamily, 16 units per
acre, with a low density multifamily designation. He said that this modifies the applicant's request
for medium density.
Brad Bell MOVED and Tom Brotherton SECONDED a motion to open the Public Hearing. Motion
carried.
Jack Lvnch, 1001 Northeast Boat Street, Seattle,WA represents property owner, Alex Shulman.
Mr. Lynch explained that this was only a preliminary concept for the 8.5 acre site. He stated that the
southern half of the site is designated as wetlands and the west 1.1 acres will be left as open space.
Buffers will be located along the southerly and westerly portion of the property.
Mr. Lynch stated that the City of Des Moines Comprehensive Plan still retains the area to the west
of the site as multifamily, 24 units per acre. If this site is developed with 130 units, density would
be in the range of 15 to 17 units per acre. Mr. Lynch suggested that the City of Kent retain MRM
zoning by means of considering a zoning limitation contract restricting development to a maximum
of 130 units. Mr. Lynch explained that he has been involved with the Cities of Des Moines and Sea
Tac in establishing common agreements limiting the size and type of development.
Board member Sharon Woodward questioned if the main access entrance would be located to the
east location would be for emergency access only.
west. Mr. Lynch responded affirmatively. The
Board member Tom Brotherton questioned Mr. Lynch about a study by the City of Des Moines
indicating high traffic impact to Highway 99 and 516, if a 132 unit complex was to be developed.
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Mr. Brotherton further inquired if the traffic studies were complete. Mr. Lynch explained that a
traffic analysis was completed in 1994 for the park proposal and he has requested that the report be
updated relative to the current development. The traffic analysis, submitted to the City of Kent
Planning department included two items: 1) the traffic generated from approximately 130 units
would be similar to a 32,000 square foot commercial development and 2) it recommended a left rum
pocket lane to provide access to the site from Pacific Highway South and to allow for flow through
traffic on the west.
Pat Dunham,23223 27th Avenue, Des Moines,WA submitted a letter dated 11/23/97 from herself
for the record as exhibit # 4. She stated that she resides in the Dell Rose Manor single family
dwellings located south of the proposed rezone. She met with several developers, the Planning
department, QFC and Kent Des Moines in 1991. She stated that this area was declared as the
headwaters of Massey Creek. She spoke in length about the sensitive environmental issues
connected with the natural springs flowing through the area. She stated that this is the only
undeveloped portion of land left for water retention and would like to see the streams preserved. She
would like the land to remain commercial.
Ms. Dunham asked how Kent will address drainage problems with the City of Des Moines since the
property is located in Kent. Mr. Hams responded by stating that the City of Kent works closely with
QFC and the Public Works department on wetlands and preservation of streams. Mr. Harris
indicated that Kent would work with Des Moines to save Massey Creek.
Patty Muldin, 1615 Kent-Des Moines Road,Kent,WA stated she lives on Kent-Des Moines Road
and is aware of the traffic problems. Ms. Muldin expressed her desire for single family residential
homes to be developed on Kent-Des Moines Road. She stated that she has witnessed some of the
damage that multifamily dwellings can do to impact Kent-Des Moines Road as well as Massey
Creek.
Brad Bell MOVED and David Malik SECONDED a motion to close the public hearing. Motion
carried.
Brad Bell MOVED and Jerry Daman SECONDED a motion to deny CPA-97-3(D)/CPZ-97-4 with
a three to three tie vote.
CPA 97 3(E)/CPZ-97 5 T M INVESTMENT AMENDMENT (K. O'Neill)
Board member David Malik excused himself from setting in on this item due to conflict of interest.
A letter dated March 5, 1991 from the Kent Kangley Association, Allied Commercial Group and
President of Lakeridge Development was submitted to the record as Exhibit#5.
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Senior Planner, Kevin O'Neill submitted a letter dated November 24, 1997 from Randy and Marcie
Judkins, landowners, to the record, as Exhibit 46.
Senior Planner Kevin ONeill stated that this application is a request to change the land use and
zoning designation from Single Family Residential/6 units per acre to Commercial with a zoning of
Neighborhood Community Commercial. The property consists of approximately two acres and is
located at 11605 Kent Kangley Road at the southeast comer of Kent Kangley Road and I I6th
Avenue Southeast. This is the northern terminus of the 277th corridor project. The parcel
immediately to the east is zoned NCC, Neighborhood Convenience Commercial. An apartment
project and three single family residences are located directly to the west. The Lindental Subdivision
is located to the south. A single family development is located to the east and north. A day care
center is located on the northwest comer of the intersection.
Mr. ONeill stated that parcels immediately to the south of the development are owned by the City
of Kent. He stated the City purchased those parcels for storm water retention as part of the 277th
Corridor project. Mr. O'Neill said the applicant is requesting NCC, Neighborhood Convenience
Commercial as this is a busy intersection and will become more congested upon completion of the
277th Street Corridor project.
Mr. O'Neill told the Board that in December 1993 the City Council passed a resolution that lands
adjacent to the corridor would remain zoned as single family to ensure that the Corridor project
would not be a means for promoting commercial or strip commercial development along the corridor
route.
City of Kent Engineer, Gary Gill stated that the City is currently involved in one of many design
phases for the corridor project and is anticipating moving forward on the right-of-way acquisition
portion of this project. He explained that a lane configuration would provide a double right turn lane
onto Kent Kangley Road from I I6th Avenue Southeast and a dual left turn lane heading southbound
from Kent Kangley onto I I6th. The design estimate would require an additional 31.5 feet for the
widening of 116th.
Mr. Gill spoke at length about access being a critical design review issue. He stated that access to
the site would be restricted to right turns only. He stated that Public Works has purchased all the
property to the north of Southeast 264th Place for stormwater retention facilities, and possibly a road
extension as an alternative means of access.
Mr. Gill stated that the Public Works department is recommending that deeding of the additional
right-of-way for the 277th Corridor project should be a required condition of the zoning upgrade if
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the land use change is approved. He said the Public Works department does not recommend
changing zoning from single family residential to commercial.
Vice Chair Brad Bell questioned what power the City Council's resolution holds. Mr. Harris stated
that a resolution is a legal decision with the power to implement a plan. In essence, it becomes law.
Further discussion ensued regarding the definition of resolutions and ordinances.
Chair Dowell questioned where the corridor project begins and how much of the corridor area is
involved in this request. Discussion took place defining the location of the corridor project,
including the portion of corridor pertaining to this request. Mr. Gill spoke in length about the
Growth Management Act. Mr. Gill voiced concern that if Single Family zoned property is rezoned
to commercial, the level of service standard the City is trying to achieve will be overturned. More
traffic will be generated, therefore, creating greater impact on existing arterials.
Mr. Bell asked for clarification on the trip generation concept. Mr. White defined trip generation
as - every land_ use has potential for vehicular flow to and from any future develonmen, Mr. White
stated that trip generation is a function of the type of development that is planned or currently active
on the site. "The Institute of Transportation Engineers Trip Generation Manual" is a compilation
of studies from all over the country on a number of different uses, taking into consideration the size
and types of activities related to those uses. Mr. White explained that this manual is referenced for
specific trip rates or traffic that is actually traveling to and from the property.
Transportation Engineer, Ed White spoke at length about trip generation impacts to the area.
Brad Bell asked Mr. White to clarify if trip generation to and from an area depends on the type of
use. Mr. White indicated that, as an example. at the time of development, Lake Meridian
Marketplace was near the eastern boundary of the City. Mr. White stated that a traffic study
indicated that the development would serve only the local neighborhood. He said a local survey
proved they were servicing an area in access of five miles.
Chair Dowell asked Mr. White if he could approximate the quantity of traffic traveling on Kent
Kanglev at the I I6th intersection. Ed White stated that Traffic Engineering is looking at between
25,000 to 30,000 vehicles per day on Kent Kangley and approximately 30,000 to 40,000 vehicles
per upon completion of the corridor.
Mr. White spoke in length regarding vehicular impact and congestion to the subject area.
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Brad Bell asked that when the corridor is completed, and the expected trip generation from both
arterials creates a highly congested intersection, would a permit still be issued. Mr. White explained
that the decision to accept or deny a proposal is based on other factors in addition to safety.
Ms. Woodford observed that when a permit is approved, more consideration is taken to the wetlands
than to safety. Mr. White stated that he felt it was more a function of what the City codes and
policies are at this point and he stated that more environmental concerns then safety concerns are
codified. Mr. White emphasized that safety is important and there are mechanisms available to
resolve those issues. Gary Gill stated that any development proposal submitted to the City is
scrutinized as to accessibility on that site. Mr. Gill explained that given the constraints of the
property, access will be located as far from the intersection as possible while restricting the number
of access points to right-in and right-out turns only, minimizing potential accidents. Discussion
ensued as to where to locate entrance points on the property.
Brad Bell asked about the amount of land available for development after the land for the corridor
was dedicated. Mr. Gill stated that about one-third of an acre will be used for the corridor out of an
original site of two acres.
Brad Bell MOVED and Tom Brotherton SECONDED a motion to open the public hearing. Motion
carried.
Martin Durkin Jr., 330 SW 43rd Street, Suite 357, Renton, WA represents Mr. John Titus. the
developer and co-owner of the property. He addressed three issues:
• The suitability of the property for commercial development and if Kent's Comprehensive Plan
will support that change.
• Does any prior agreement by the County Council, the Roads Division or the City of Kent
preclude the Planning Commission from recommending commercial zoning on this property.
• Can the Planning Commission recommend to the Council commercial zoning on this property
that would properly mitigate the concerns raised by the Planning Department and the Public
Works Department.
Mr. Durkin stated that the Planning staffs report indicates that this property is not suitable for
residential development, due to 40,000 cars traveling that route daily. Mr. Durkin stated that
commercial, industrial, multifamily development, recreation centers and other uses that generate
high levels of traffic should be located in designated activity centers around intersections of principal
and minor arterials, and around freeway interchanges. Mr. Durkin stated that this land is not a rural
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area and that it has been located on Kent Kangley the entire time. He stated that the road agreement
between the County and the City of Kent does not mention an agreement disallowing commercial
development on that property or any other property. Mr. Durkin said that the City Council adopted
Resolution: #1379 in December 1993. Section 4 states "the City Council anticipates.that in accord
with the City's East Hill Plan, it will designate single family zoning for property adjacent to or
affected by the corridor. " Mr. Durkin stated in 1995 the City Council accepted the annexation of the
Ramstead Property after the resolution was passed and the property to the east was given a
commercial designation. Mr. Durkin said this designation did not violate the resolution because the
City Council anticipated that under most circumstances, on most zoning decisions, they are going
to issue residential zoning. Mr. Durkin stated that commercial zoning will be issued where
warranted.
Mr. Durkin referred to the City's Comprehensive Plan, quoting from the Land Use Element Section;
Goal LU-12 , Policy LU-13.3 and LU-13.5. He stated that the land is located adjacent to a selective
He stated that gas stations, mini-marts and deli
right-of-way with adjoining commercial uses.
oriented facilities act as magnets and do not create high generations of traffic. He further stated that
commercial use on the property will not impact the level of service to the surrounding neighborhood.
Mr. Durkin spoke at length about the cost factors involved with the right-of-ways. He expressed
his opinion on driveway criteria for the area, including exploring joint use driveways.
Sharon Woodford asked Mr. Durkin if he was proposing a service station at this location. Mr.
Durkin answered affirmatively, stating that this type of development would have the lowest impact
in the area.
Mike Wineck, 1665 NW Sherwood Drive, Bremerton, WA is representing the applicant as a
professional traffic engineer. He stated that traffic would increase if commercial development is
placed on this property. He defined traffic as either a"primary" or a"passerby" type generator. He
cited primary facilities as bowling alleys, theaters, etc. where people travel specifically to that
location; whereas a"passerby generator is when you are already in the traffic stream looking for a
convenience store, gas station etc.
Mr. Wineck stated that as a commercial site, one of the approaches could be moved quite a distance
from the actual intersection and beyond the extra lanes for the turning movement. He explained that
in order to decrease traffic congestion at the site you must evaluate how much new traffic is
generated and where the complex is going to be placed on the property. Mr. Wineck explained that
a commercial site at this location will allow for better control in configuring the approaches. He said
that a commercial site located at an intersection lends itself to convenience store, high visibility type
commercial applications.
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Steven Parrott, 11735 Ridge Rim Trail, Port Orchard, WA a licensed professional engineer,
represents the property owner, Mr. Titus. He spoke of his concerns about homes located on Kent
Kangley with the high volume of traffic and no available front street parking. He reiterated that
commercial development will be the best choice from a safety standpoint. He spoke in length about
access options. Mr. Parrott stated that the owner is interested in developing this property in
concurrence with City input in order to control the type of developments and the type of traffic
generated by following the guidelines in the City of Kent design manuals. Mr. Parrott stated that
access control should be handled as a permit issue and is not applicable to a zoning issue.
Rich Hendrickson, 10611 SE 293rd Street,Auburn,WA asked Mr. Durkin for the current zoning
and lot size for the two lots located to the east of the property. Mr. Durkin stated that the property
is zoned SR-6 and the subject property combined with the commercial property to the east is 4.4
acres.
Board member Jerry Daman stepped down due to conflict of interest.
Dennis D'Ambrosio, 11619 SE 265th Place, Kent, WA is concerned about this property being
rezoned as commercial since he sees it as a pocket surrounded by single-family residents and one
multifamily residence area. He voiced concern that there were already a high number of
convenience stores and gas stations on Kent Kangley. He stated that the area would not benefit from
another facility of the same nature. He spoke about increased traffic congestion on I I6th. He stated
that the layout of the land would be benefit as a park and ride lot.
Brad Bell MOVED and Sharon Woodford SECONDED a motion to close the public hearing.
Motion carried.
Mr. O'Neill stated that City Council did not intend to have additional commercial development
along this stretch of the road.
Chair Dowell stated he was in favor of the applicant's request for Neighborhood Commercial in the
NCC zone with the provisions that they donate the right-of-way for the 277th Street corridor as a
condition of the recommendation with inclusion of right-tum only.
Mr. O'Neill stated that Planning staff does not recommend a change. Mr. O'Neill stated if the
decision is made to change the plan and zoning designation, a condition be added which states:
"that as a condition of rezoning the subject property, the owner shall deed that portion of the
property necessary as public right-of-way for the widening and improvement of 116th Avenue
Southeast and Kent Kangley Road as planned by the City of Kent in conjunction with the South
277th Street Corridor Project. "
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Mr. Dowell asked if the revision would include right turns only. Mr. O'Neill stated that right-in and
right-out is more of a design constraint. Mr. Bell stated that the only change he would make would
be "as a condition of rezoning the property to commercial...... " Mr. O'Neill concurred with Mr.
Bell's suggested change to the wording.
Brad Bell MOVED and Sharon Woodford SECONDED a motion to approve staff's recommendation
for CPA-97-3(E)/CPZ-97-5 with the amended word changes. Motion carried.
CPA 97 3(F)/CPZ 97 6 CLA - fDINSDALE AMENDMENT
Mr. Jackson submitted a letter dated November 21, 1997 from Stephany Bruell, Management
Consultants to the record.
Mr. Jackson stated this application includes four separate tax parcels totaling 53.5 acres. The
property is located west of 132nd between 282nd Street and SE 276th Street. The current land use
designations of this property are Single Family Residential/3 units per acre with a zoning map
designation of SR-3/3.71 units per acre. Mr. Jackson stated that to the south there is an area
designated as SF-1/1 unit per acre, a portion of property to the west is designated as SF-1/1 unit per
acre and SF-3/3 units per acre. The east, north and a portion of the west side is designated as SF-6/6
units per acre. The property to the north, a portion of the west and all of the east is designated as SR-
6/6.05 units per acre. Property to the south is zoned SR-1/1 unit per acre, single family residential.
Mr. Jackson discussed the wetland issues in connection with this property. He stated that Soos
Creek runs through the property and in 1996 the City of Kent adopted the Soos Creek Drainage
Basin Plan from the County. A creek can have either a 50 or 100 foot setback measured from the
ordinary high water mark. Wetlands typically have a 50 foot buffer. This is one of the larger
wetland oody's of land in the City. Mr. Jackson explained that the proposal is to change the zoning
to allow for Single Family Residential/6 units per acre and the zoning to SR-6 at 6.0 units per acre.
Approximately 27 of the 53 acres is developable.
Mr. Jackson stated that this area has been underserved with facilities. He explained that one reason
this area has not been developed to a higher density is the limitations on existing sewer and water
services. There is significant cost in extending these services to the edge of the City. Mr. Jackson
stated that there is no way to build cohesive connected development on this property based on
location of the wetlands. Mr. Jackson explained that the dry portion on the northeast corner is
accessible through the subdivision to the north which is developed at 6 units per acre under previous
county designations. The dry area on the west side would be accessible off of the existing 278th
artery. Mr. Jackson said that in considering the applicant's request for the higher density
designation, there is reluctance to rezone to multifamily.
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Mr. Jackson said that the City is mandated to accommodate a certain amount of growth through the
Growth Management Act. One of the ways is to allow for more flexibility for single family
development. Mr. Jackson explained that with SR-6 zoning you still have a.density of about 7200
square foot average lot size across the property. The subdivisions on West Hill, Scenic Hill and the
majority of the East Hill area are zoned SR-6. Mr. Jackson stated that SR-6 is the predominate
residential zoning in the City of Kent and a typical suburban, subdivision type zoning.
Mr. Jackson explained that one of the goals of the City is to develop properties at a density that is
conducive to providing urban services. Mr. Jackson explained that the staff has been using a
designation of four units per acre as a minimum to meet the criteria to provide those services. Even
at SR-6 zoning the 53.5 acres is likely to develop at over three units per acre. Planning staff feels
that SR-6 zoning is consistent with surrounding zoning. Mr. Jackson stated that increasing the
zoning may not be in the best interest of impacting the wetland by decreasing lots to 4,000 square
feet in a higher density situation for single family. SR-6 and a comprehensive plan designation of
SF-6 are consistent with development around this property. Mr. Jackson said that the wetland and
the creek will be buffered and preserved. Planning Staff recommends approval of the applicant's
request for SF-6 designation and SR-6 zoning based on this criteria.
Brad Bell MOVED and Tom Brotherton SECONDED a motion to open the public hearing. Motion
carried.
Mr.Terry Ferguson, 1910 64th Avenue West,Tacoma,WA represents the proponents. He stated
this parcel of land represents a proposed subdivision that stretches to 144th. Utilities are provided
by Soos Creek Sanitary Sewer. He stated that they are working with Soos Creek for a lift station to
service the basin and Water District 111. Mr. Ferguson stated that an accurate lot count is necessary
in order to implement infrastructure changes. He stated that this is the primary reason for the rezone
request.
Mr. Don Klassen, 13602 Southeast 282nd Street, Kent, WA asked Mr. Ferguson how access
would be provided to a specific portion of the property. Mr. Ferguson stated that the portion of
property under question is not part of the proposed development plans and that it will remain
undeveloped. Mr. Klassen questioned if access to the lower portion of the property would run
through 282nd Street. Mr. Ferguson answered affirmatively. Mr. Klassen asked that as a result of
these improvements by the developer, who incurs the cost of putting in the sewers and the roads.
Mr. Ferguson stated that the bulk of the infrastructure cost is borne by the developer. Mr. Klassen
questioned if the development and the proposed density would impact his adjoining property and
how this issue would be mitigated.
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Chair Dowell explained to Mr. Klassen that questions of mitigation have to be addressed by the
developer before the property can be developed. He stated that the Board will make a
recommendation to the Council as to the applicant's request for a zoning amendment and informed
Mr. Klassen that his questions, although pertinent, need to be addressed at a different time.
Mr. Jackson stated that this is a non-project action. He informed Mr. Klassen that as a neighboring
property owner he would be notified of any public hearings for a subdivision. Mr. Jackson stated
that Mr. Klassen would have opportunity to speak on conditions for future plat development on this
property.
Mr. Joel Kwakenat, 13639 Southeast 282nd Street, Kent, WA stated that he resides southwest
of the proposed rezone area. He stated that changing zoning from SF-6 to SF-1 is inconsistent
zoning and not fair to the residents still zoned SF-1- Water run-off from this developed area will
flow directly into the feeder stream, designated by the State to be a salmon bearing stream.
Chair Dowell explained to Mr. Kwakenat that his issues would be answered at the time of approval
for any development. Mr. Kwakenat expressed concern about encroachment to the wetlands and
how well the development would be controlled. He explained that on 282nd Street, the County's
improvement area ends with no deeded access to the southern portion of the property from the west.
Chair Dowell responded to the sensitive land issues by stating that the City is reputed to be strict on
sensitive areas.
Brad Bell MOVED and David Malik SECONDED a motion to close the public hearing. Motion
carried.
Brad Bell MOVED and Jerry Daman SECONDED a motion to recommend approval of staff s
recommendation for CPA-97-3(F)/CPZ-97-6. Motion carved.
CP 4 97 3(G)/CPZ 97 7 SINKULA AMENDMENT
Mr. O'Neill stated that this is a request to change the land use map designation from Single Family
Residential/6 units per acre to commercial and the zoning map designation from SR-6 to
Neighborhood Community Commercial. The property is located at the northwest corner of Kent
Kangley and 124th and is approximately 16.000 square feet in size.
Mr. O'Neill stated that this land was annexed into the City as part of the Meridian Area Annexation
and zoned in 1995 as R1-7200, now SR-6. The Comprehensive Plan designation assigned at that
time was SF-6. The area surrounding the parcel in question is zoned SR-6 with existing commercial
uses surrounding the area. Mr. O'Neill stated that many of the comprehensive plan policies that Mr.
Durkin cited are applicable to this request. The Comprehensive Plan promotes infrll of existing
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November 24, 1997
Page 19
commercial areas as opposed to establishing new ones. Mr. O'Neill said that Planning staff does not
recommend zoning only one parcel at an intersection for commercial use. Land use changes should
be completed on an area wide basis. Planning staff recommends denial.
Chair Dowell questioned Mr. O'Neill about the viability of rezoning such a small parcel. Mr.
O'Neill stated that the NCC, Neighborhood Convenience-Commercial District designation places
more constraints on development of small parcels. Mr. O'Neill concurred with Chair Dowell that
the property is sloped on the south side. He stated that this would not inhibit development. Chair
Dowell questioned if the surrounding commercial sites were "legal, nonconforming". Mr. O'Neill
stated that the sites would be considered"legal,nonconforming"only if they were legally established
to begin with. He stated that the sites would be "nonconforming" if zoning had changed since the
property was legally established.
Mr. O'Neill said that in his research he was not aware of a history of commercial zoning in the area
and that his research took him back prior to the Soos Creek zoning in the area. He determined that
the property had always been zoned as single family residential.
Brad Bell MOVED and Jerry Daman SECONDED a motion to open the public hearing. Motion
carried.
R.C. Lynn, 26414 124th Avenue Southeast, Kent, WA stated he has lived near the intersection
for seven years and is concerned about safety. He said that he has witnessed over 100 accidents per
year at this location. Mr. Lynn explained that the City has posted a notice to discourage people from
parking their cars in the vacant lot. He does not favor commercial zoning for this area.
Michael Harvey,26435 124th Avenue Southeast,Kent,WA stated that he resides directly behind
the proposed commercial site. He explained that a slope on the site would abut up to his property
line once it was graded. He stated that he would like to see the property remain single family
residential.
David Tilser,26462 124th Avenue Southeast,Kent, WA stated that he resides east of the property
on 2.1 acres. He feels the property is best suited for low density zoning, such as a doctor or dental
office. Mr. Tilser stated that the 124th street intersection needs to be considered during the
development of 116th street. His house overlooks the 124th street intersection and he has observed
three accidents per week at that location. Mr. Tilser said he recommends improvement
considerations for that intersection as well.
Brad Bell MOVED and Tom Brotherton SECONDED a motion to close the public hearing. Motion
carried.
RZCA-97-8 WATER TREAT,NENT FACILMES
#ZCA-97.9 CHURCHES IN THE M-2 ZONE
1997 COMPREHENSIVE PLAN AMENDMENTS CPA-97-3(A-H)/CPZ-9741-7)
Land Use and Planning Board Minutes
November_24, 1997
Page 20
Board member Brad Bell stated that it is impractical to develop a 16,000 square foot parcel of land
for commercial use and the adjoining property owners have voiced their objections.
Tom Brotherton MOVED and Brad Bell SECONDED a motion to accept staff's recommendation
to retain single family residential and deny CPA-97-3(G)/CPZ-97-7.
ELECTION OF OFFICERS
Chair Dowell opened the meeting for nominations.
Chair Dowell NOMINATED and David Malik SECONDED a motion to appoint Brad Bell to the
position of Chairman. Brad Bell accepted.
Brad Bell NOMINATED and David Malik SECONDED a motion to appoint Jerry Daman to the
position of Vice Chair. Jerry Daman declined.
David Malik NOMINATED and Tom Brotherton SECONDED a motion to appoint Sharon
Woodford to the position of Vice Chair. Sharon Woodford accepted.
Steve Dowell MOVED and David Malik SECONDED a motion for a unanimous ballot for the
positions of Chair and Vice Chair.
Mr. Harris thanked Mr. Brotherton for his tenure with the Land Use and Planning Board and wished
him well on his future endeavors.
ADJOURNMENT
Steve Dowell MOVED and Brad Bell SECONDED a motion to adjourn. Motion carried. The
meeting adjourned at 10:30 p.m.
Respectfully Submitted.
J P. Harris
cret ary
HZCA-97-8 WATER TREATMENT FACILMES
OZCA-97-9 CHURCHES IN THE M-2 ZONE
1997 COMPREHENSIVE PLAN AMENDMENTS CPA-97-3(A.H)/CPZ-97-(1-7)
CITY OF MJiSV IT
Jim White, Mayor
Planning Department (253) 859-3390/FAX(253) 850-2544
James P. Harris. Planning Director
MEMORANDUM
NOVEMBER 24, 1997
MEMO TO: STEVE DOWELL, CHAIR, AND MEMBERS OF THE LAND USE AND
PLANNING BOARD
FROM: MATTHEWS JACKSON, PLANNER/GIS COORDINATOR
SUBJECT: #CPA-97-3(A-H)/#CPZ-97-(1-7) - 1997 COMPREHENSIVE PLAN
AMENDMENTS
INTRODUCTION
In April, 1995, the Kent City Council adopted the Kent Comprehensive Plan which was prepared
and adopted under the provisions of the Washington State Growth Management Act (GMA). The
GMA requires that comprehensive plans combine land use, transportation, capital facilities, and
other elements in a way which is both internally consistent and consistent with plans from other
jurisdictions in the region. The GMA also requires that a city's development regulations
implement and be consistent with the plan.
The GMA authorizes and encourages jurisdictions to amend their comprehensive plans in order
to keep the plans current. The GMA establishes procedures for the amendment of plans, and
stipulates that plans can only be amended once a year unless an emergency is declared which
requires immediate action. Pursuant to the provisions in the GMA, the City Council adopted an
ordinance (Ordinance #3237) outlining procedures for the amendment of the City's plan. These
procedures are now outlined in Chapter 12.02 of the Kent City Code. The City's procedures
ordinance established September 1 of each calendar year as the deadline for applications to be
submitted to the Planning Department for proposed amendments to the plan.
1997 AMENDMENTS
As of September 1 of this year, the Planning Department received eight applications for
amendments to the comprehensive plan. Seven of these applications were initiated by private
property owners, and one application was initiated by the City. The proposed amendments are
summarized below:
:to 41h AVENUE SUCTII , KE]T.A XSHIxGTON 9SOZ2_<Roa r Tl.l.l.PHONI i 251,xs4-131)0
Subject: #CPA-97-3 (A-H) Comprehensive Plan Amendments
November 24, 1997
Page 2
A. A change to the Land Use Plan Map from Mixed Use to Industrial for the property
located at 828 West Valley Highway (Anderson).
B. A change to the Land Use Plan Map from Low Density Multifamily and Mixed
Use to Mixed Use for the property located at the northwest corner of the
intersection of 104th Avenue SE and SE 262nd Street. (Sanders).
C. A change to the Land Use Plan Map from Single Family Residential/3 units per
acre to Single Family Residential/6 units per acre for the property generally located
between South 216th Street and the Kent Highlands Landfill site, west of the Green
River. (Polygon Northwest).
D. A change to the Land Use Plan Map from Commercial to Medium Density
Multifamily for the property generally located 700 feet west of Pacific Highway
South on the south side of Kent-Des Moines Road (Shulman).
E. A change to the Land Use Plan Map from Single Family Residential/6 units per
acre to Commercial for the property located at 11605 Kent Kangley Road (T.M.
Investment).
F. A change to the Land Use Plan Map from Single Family Residential/3 units per
acre to Single Family residential/6 units per acre for the property generally located
west of 132nd Avenue SE between SE 282nd Street and SE 276th Street.
(Clasen/Dinsdale)
G. A change to the Land Use Plan Map from Single Family Residential/6 units per
acre to Commercial for the property located at the northwest corner of the
intersection of Kent Kangley Road and SE 124th Street. (Sinkula)
H. Amendments to the Capital Facilities Element (Kent Finance Department)
It should be noted that any proposed changes to the Land Use Plan Map will also be reviewed
concurrently with corresponding amendments to the zoning map.
This memorandum will present information about each proposed amendment. Maps have been
prepared, and are attached, for each area which would be affected by the proposed changes to the
Land Use Plan Map and zoning map (Attachment A). Each proposed amendment will be
analyzed, followed by a staff recommendation.
Subject: #tCPA-97-3 (A-H) Comprehensive Plan Amendments
November 24, 1997
Page 3
STANDARDS OF REVIEW
Section 12.02.050 of the Kent City Code outlines the standards of review which must be used by
staff and the City Council in analyzing any proposed comprehensive plan amendments. Proposed
amendments are to be examined based on the following criteria:
1. The amendment will not result in development that will adversely affect the public health,
safety, and general welfare;
2. The amendment is based upon new information that was not available at the time of
adoption of the comprehensive plan, or that circumstances have changed since the adoption
of the plan that warrant an amendment to the plan; and
3. The amendment is consistent with other goals and policies of the comprehensive plan, and
that the amendment will maintain concurrency between the land use, transportation, and
capital facilities elements of the plan.
The proposed plan amendments have been analyzed based on these criteria.
PROPOSED AMENDMENTS
Proposal A - Change in Land Use Plan Map and zoning for property located at 828 West
Valley Highway
Applicant: Gary Volchok (Anderson)
Existing Plan Designation: Mixed Use Proposed Plan Designation:
Industrial
Existing Zoning: GWC, Gateway Commercial Proposed Zoning:
M 1, Industrial Park
Background
The subject property consists of one tax lot which is approximately 4.65 acres in size. The
property is located at 828 West Valley Highway and currently has a land use designation of Mixed
Use, and a zoning designation of GWC, Gateway Commercial.
The property currently is occupied by a single family residence and accessory building. The site
generally is flat and appears to contain no wetlands. Properties to the north and east are zoned
M-1, and are developed with industrial parks. A gem shop and self storage facility are located
Subject: #CPA-97-3 (A-H) Comprehensive Plan Amendments
November 24, 1997
Page 4
adjacent to the site on the south and east, and are zoned General Commercial. The property
originally was zoned M-1 in 1977; it was rezoned to Gateway Commercial in 1990 (#RZ-90-7)
to allow construction of a 65,800 square foot commercial development, including a motel, office
space, restaurant, and retail space. The sale of the property and its subsequent development was
not executed.
Analysis
The Public Works Department states the existing GWC zoning designation has the potential to
generate a greater number of vehicle trips than does the proposed M-1 zoning designation.
Consequently, the impact on the City's transportation system should be less with the rezone from
GWC to M-1.
Based on the information from the applicant, an attempt has been made to market this site for a
commercial use, but it has been unsuccessful. The property abuts industrial zoning districts on
the north and east, and the properties already are developed as such. The Comprehensive Plan
states, ...existing and future development pattern and potential in this area is very important to
the economic health of the cornmunity." As the City develops its existing industrial land, there
is a growing need for additional industrial land. This property of almost five acres is adjacent
to already developed industrial land, and it would help to serve the need for future industrial
development.
Recommendation
The rezone to Gateway Commercial from industrial in 1990 was based on a proposed
development. The development never occurred, and the site is more compatible with the original
industrial zoning designation. This would be consistent with Comprehensive Plan Policy LU-
16.3, in that the industrial area is the core of employment in the City, and there is a growing need
for new areas for industrial development. Staff recommends that the proposed amendment be
approved.
Proposal B - Change in Land Use Plan Map and zoning map for property located at NE side
of 104th Avenue SE and SE 262nd Street
Applicant: Ruth Real Estate (Sanders)
Existing Plan Designation: LDMF/MU Proposed Plan Designation:
Mixed Use
Subject: #CPA-97-3 (A-H) Comprehensive Plan Amendments
November 24, 1997
Page 5
Existing Zoning: MRG/Office Proposed Zoning:
CC, Community Commercial ,
Background
The subject property consists of one tax lot and is approximately 3.68 acres in area. The lot has
split zoning, with the western half, fronting on 104th Avenue SE being zoned O, Professional
and Office, while the eastern half of the lot is zoned MRG, Garden Density Multifamily. The
area zoned Office has a land use designation of Mixed Use, and the area zoned MRG has a land
use designation of Low Density Multifamily.
The subject parcel is generally flat and appears to contain a significant wetland feature and a
branch of Mill Creek. The applicant states that this amendment would allow for the
redevelopment of the existing Kent Hill Plaza Shopping Center for use by a single big box user.
Properties to the north, which contain the Kent Hill Plaza Shopping Center, and to the west, are
zoned Community Commercial and have a land use designation of Mixed Use. Property to the
east is zoned MRG and has a Low Density Multifamily land use designation. Properties to the
south are zoned SR-8, Single Family Residential, and have a land use designation of SF-8, Single
Family Residential, 8 units per acre maximum density.
Analysis
The primary issue regarding the development of this site is the location of the creek and wetlands.
Any new development of this property will be greatly affected by the amount of critical areas
located on the site. A complete wetland delineation and mitigation plan will be required prior to
any improvements of the property. Although the site is approximately 3.68 acres in size, the
wetland delineation and establishment of buffers will determine how much development potential
the property has. The Public Works Department has commented that development of the site
would require a stream relocation plan that resulted in improved stream habitat conditions over
what presently exists.
The subject property is located on 104th Avenue SE which is classified as a minor arterial with
approximately 12,800 average daily vehicle trips. The proposed change in designations would
likely result in an increase in vehicle trips, although that number is unknown until the extent of
critical areas is determined.
Recommendation
Although the site appears to be encumbered by sensitive areas, the proposed change to a Mixed
Use land use designation and Community Commercial zoning is consistent with both the standards
Subject: #CPA-97-3 (A-H) Comprehensive Plan Amendments
November 24, 1997
Page 6
of review for a comprehensive plan amendment, and goals and policies of Kent's Comprehensive
Plan. Regardless of land use and zoning designations, development of this site will require the
delineation and buffering of existing wetlands consistent with the City's policy of no net loss.
Likewise, any relocation of the tributary to Mill Creek will have to improve upon present
conditions. The development of this site, as part of a larger redevelopment of the adjacent Kent
Hill Plaza Shopping Center, is consistent with both encouraging redevelopment of underutilized
commercial properties, and infill development where urban services are already available. Staff
recommends that the proposed amendment be approved.
Proposal C - Change in Land Use Plan Map and zoning map for property located west of
the Green River between South 216th Street and the Kent Highlands landfill
Applicant: Eric Wells (Polygon Northwest)
Existing Plan Designation: SF-3 Proposed Plan Designation:
Low Density Multifamily residential
Existing Zoning: SR-3 Proposed Zoning:
MRG, Garden Density Multifamily
residential, 16 units per acre
The applicants have requested a change in the land use and zoning designation for approximately
200 acres of property located adjacent to the Kent Highlands landfill. Due to the size of the
subject property and the potential scope of the proposed change, the City has not yet completed
environmental review for this application. Review of this proposed amendment by the Land Use
and Planning Board will therefore be undertaken at a future date.
Proposal D - A change in Land Use Plan Map and zoning map for the properties located
west of Pacific Highway South, south of Kent-Des Moines Road
Applicant: Jack Lynch (Shulman)
Existing Plan Designation: Commercial Proposed Plan Designation:
Medium Density Multifamily
Existing Zoning: GC, General Commercial Proposed Zoning:
MRM, Medium Density Multifamily,
23 units per acre maximum
Background
Subject: #CPA-97-3 (A-H) Comprehensive Plan Amendments
November 24, 1997
Page 7
The subject site consists of five tax parcels and covers an area of approximately 7.5 acres. The
site is currently zoned General Commercial and the land use designation is Commercial. The City
of Des Moines abuts the site on the north, west, and south. The area east of the subject property
is zoned General Commercial, and is developed with the Midway Crossing shopping center. A
residential subdivision is located to the south and southwest of the site, and approximately five
single family dwellings face the subject property. An apartment complex lies to the west of the
site, and three single family dwellings, a mobile home park and commercial uses lie to the north
across Kent-Des Moines Road.
On September 26, 1995, a Revised Determination of Nonsignificance (#ENV-94-8) was issued
for a proposed commercial development on this site. An office and commercial development of
two buildings totalling 32,250 square feet was proposed, and mitigating conditions were applied
to that application. The applicant has stated that they have been unable to market the property for
commercial or office development due to limited exposure, and this development has never
occurred.
Analysis
Significant slopes, an inventoried wetland, and the headwaters of Massey Creek are present on
this site. The elevation along Kent-Des Moines road, at the northwest corner of the property,
is 335 feet. This elevation dips downward to an elevation of 285 feet at the westerly boundary
of the property. Slopes of ten percent are found on the eastern edge of the property. The site is
currently vacant, and the applicant states that the developable portion of the site is located in the
north/northeast part of the property. The northern portion of the site fronts on Kent-Des Moines
Road. Due to the location of sensitive areas on this lot, all development is likely to occur along
the frontage of Kent-Des Moines Road. Although this area has less slope than other non-wetland
portions of the site, it is likely that substantial grade and fill will be required to accommodate new
development.
The Public Works Department has commented that development of this site with multifamily
residences would likely create less traffic than if it were developed with a commercial
development, as allowed under existing zoning standards. The amount of traffic generated by an
apartment development would depend on the total number and type of units constructed. The
applicant has stated that they are considering an 132 unit development for this property. A
preliminary estimate of the number of trips generated by this type of development by the
applicant's transportation consultant is similar to the number of trips anticipated by the previously
proposed office/commercial project. The amount of traffic generated by this site is a significant
concern due to limited access to Kent-Des Moines Road which currently has an average daily
traffic count of 30,000 vehicle per day.
Subject: #CPA-97-3 (A-H) Comprehensive Plan Amendments
November 24, 1997
Page 8
Prior to any development of this property, a detailed analysis of the wetlands, Massey Creek,
traffic circulation and improvements, and storm drainage will be required for approval.
Recommendation
The applicant states that locating housing adjacent to commercial development is consistent with
Comprehensive Plan Policies LU-9.1, LU-9.2, and TR-1.1. These policies support a variety of
high to medium density residential forms near activity centers which are located around
intersections of principal or minor arterials. The limiting factor on this site is sensitive areas
which will determine the amount of development which can occur. The buildable portion of this
lot is oriented in a manor which limits access to only the northwest corner of the site.
Commercial development, which is largely dependent on high visibility and easy access, is not
best suited for this site. Given its location adjacent to other intense forms of development, low
density residential development such as single family detached residences is impractical.
Multifamily development is a good alternative for this site given its constraints and context.
However, staff feels that a zoning designation of MRM, which allows up to 23 units per acre
maximum density, may be unrealistic for this property. A designation of MRG, which allows a
maximum density of 16 units per acre is more appropriate for this site.
Although the City has not formally approved a wetland delineation and/or mitigation plan for this
property, it appears that at least half of the land will be unavailable for development.
Development of up to 172 units under MRM densities and development standards is not possible
on this site. However, development of up to 120 units under MRG densities and standards is
possible and consistent with existing developments and plans for the area.
The Comprehensive Plan supports housing opportunities within close proximity to employment,
shopping, transit, and human and community services with policy LU-8.3. The City has tried to
encourage a range of housing forms while preserving existing single family residential
neighborhoods. The single family neighborhood located south of the subject property will be
buffered by the sensitive areas located on the southern half of the property. Although staff does
not feel that well designed multifamily development is incompatible with single family areas, the
preserved natural buffer created by the steep slopes, wetlands, and wetland buffers on the southern
half of the property will greatly limit the impact to the adjacent neighborhood.
Staff recommends that the proposed amendment be modified to redesignate the property Low
Density Multifamily residential in the comprehensive plan and MRG on the zoning map.
Proposal E - A change in Land Use Plan Map and zoning map for the property located at
11605 Kent-Kangley Road
Subject: #tCPA-97-3 (A-H) Comprehensive Plan Amendments
November 24, 1997
Page 11
neighborhoods. Use the conditional use permit or another process to evaluate proposals
on a case-by-case bases. Ensure that projects are pedestrian-oriented and developed with
minimum parking provisions.
The plan also contains goals and policies with regard to the coordination of land use and
transportation, including:
Goal TR-1 - Coordinate land use and transportation planning to meet the needs of the
City and the requirements of the Growth Management Act. Alternative flexible and
creative transportation options that minimize these requirements should also be allowed
in the planning process.
Policy TR-1.5 -Ensure consistency between land use and transportation plans so that land
use and adjacent transportation facilities are compatible.
The land use goals and policies make reference to encouraging commercial infill development in
existing commercial areas. While the parcel in question is in an urbanizing area, it is not in an
established commercial area, even though there is a commercial use located adjacent to the site.
Furthermore, the Public Works Department has commented that the proposed amendment will
potentially invalidate their previous work on providing adequate levels of service in the area, and
that subsequent development of commercial land uses may result in immitigable congestion at the
intersection of 116th Avenue SE and Kent Kangley. It should be noted that NCC zoning allows
uses which typically generate a great deal of traffic, such as food stores and gasoline service
stations.
Recommendation
As noted, one of the standards of review for reviewing changes to the plan is that a proposed
amendment will maintain concurrency between the land use, transportation, and capital facilities
elements of the plan. The Public Works Department has raised serious concerns as to whether
the proposed amendment could maintain concurrency between the land use and transportation
element, and has also expressed concern about the impacts on the intersection resulting from a
potential use which would generate a high volume of trips in and out of the site. In light of these
concerns, combined with the policy direction provided by the City Council in Resolution No.
1379, staff recommends denial of the applicant's request for a designation of neighborhood
commercial and NCC zoning. Should the Land Use Board and City Council decide to amend the
designation from single-family, staff recommends consideration of an office designation. Office
zoning has often been used as a "transitional" zoning designation between residential and
commercial uses, and office uses tend to generate fewer trips than the type of commercial uses
1<
Subject: #CPA-97-3 (A-H) Comprehensive Plan Amendments
November 24, 1997
Page 12
allowed in NCC. It should be made clear, however, that any subsequent development on the
parcel will have access to the site that is severely restricted.
Proposal F - A change in Land Use Plan Map and zoning map for property located west of
132nd Avenue Southeast between SE 276th Street and SE 282nd Street
Applicant: Charles K. Burridge (Clasen/Dinsdale)
Existing Plan Designation: SF-3, Single Family Proposed Plan Designation:
3 units per acre SF-6, Single Family, 6 units per acre
maximum
Existing Zoning: SR-3, Single Family Proposed Zoning:
3.71 units per acre maximum SR-6, 6.05 units per acre maximum
Bac ound
The subject property consists of four tax parcels and covers approximately 53.5 acres. The site
is currently zoned SR-3, Single Family Residential, 3.71 units per acre, and has a land use
designation of SF-3, Single Family Residential, three units per acre maximum density. The
applicant is requesting a land use designation of SF-6, Single Family Residential, six units per
acre maximum density, and a zoning of SR-6, Single Family Residential, 6.05 units per acre, in
order to subdivide and build single family detached residences. This area was annexed to the City
of Kent on January 1, 1996, at which time the present zoning and comprehensive plan land use
designations were established.
The subject property is currently vacant. The properties to the north and east are zoned SR-6, and
are developed with single family residences. Properties to the south and west are zoned SR-3 and
can be characterized as large lot single family residences.
Analysis
There are areas of low to moderate slope on the subject parcels, and a significant portion of the
property has been identified as wetlands. This wetland appears to sit in the center of the property,
and this will dictate how access is provided to any new development. The property lies in the
Soosette Creek sub-basin to Soos Creek. The Public Works Department has expressed concern
regarding increased densities within this sensitive drainage basin. However, any development will
require a detailed delineation and mitigation plan for the wetlands which will include appropriate
buffers. The city has a policy of no net loss of wetland area. The wetland would be preserved
and buffered under either existing or proposed zoning designations.
1
Subject: #CPA-97-3 (A-H) Comprehensive Plan Amendments
November 24, 1997
Page 15
Recommendation
This proposed amendment does not appear consistent with the goals and policies in the
comprehensive plan, in that it does not promote infill of an existing commercial area but seeks to
establish a new one. In addition, the City Council examined the land use and zoning pattern of
this area less than two years ago, and determined that this area should be designated as single-
family residential. Any evaluation of creating a commercial node at 124th Avenue SE and Kent
Kangley Road should be done on an area-wide basis, not be establishing commercial zoning on
one parcel. Therefore, staff recommends that the proposed amendment be denied.
Proposal H - Update of Capital Facilities Element
Applicant: City of Kent Finance Department
The Capital Facilities Element in the comprehensive plan which was adopted in 1995 contains a
great deal of information relating to inventories of existing capital facilities, estimated costs of
anticipated future facilities, and projected revenues to fund these facilities. These components of
the Capital Facilities Element are all required under the Growth Management Act (GMA). This
information now needs to be updated based on the growth of the city which occurred as a result
of the Meridian Valley and Del Mar annexations which became effective on July 1, 1997.
The City's Finance Department states that the current facilities inventory, capital project needs,
available financing, and levels of service need to be updated to reflect the growth due to
annexation.
Recommendation
Staff recommends that the Land Use Board recommend approval to the City Council of the
updates to the Capital Facilities Element as prepared by the Finance Department, and as shown
in Attachment C.
,SUMMARY OF RECOMMENDED ACTIONS
In summary' , staff recommends that the Land Use and Planning Board recommend the following
actions to the City Council for the eight proposed plan amendments:
Proposal A - Recommend APPROVAL that applicant's property be redesignated as Industrial
in the comprehensive plan and M1 on the zoning map
Subject: #/CPA-97-3 (A-H) Comprehensive Plan Amendments
November 24, 1997
Page 16
Proposal B - Recommend APPROVAL that the applicants' property be redesignated as Mixed
Use in the comprehensive plan and Community Commercial on the zoning map
Proposal C - No action at this time.
Proposal D - Recommend APPROVAL that the applicant's property be redesignated Low
Density Multifamily residential in the comprehensive plan and MRG on the zoning
map
Proposal E - Recommend that the applicants' request for Neighborhood Services and NCC
zoning be DENIED. If the Board considers new zoning, staff recommends
redesignating the property Commercial in the comprehensive plan and Professional
and Office on the zoning map
Proposal F - Recommend APPROVAL that the applicants' property be redesignated SF-6 in the
comprehensive plan and SR-6 on the zoning map
Proposal G - Recommend that the applicant's request for a Commercial plan designation and
NCC zoning be DENIED.
Proposal H - Recommend APPROVAL that the Capital Facilities Element be amended as
outlined by the Finance Department in Attachment C.
If you have any questions prior to the November 24th public hearing, please contact me at
(253) 859-4152.
mj/p/public/cpa97-3.mm3
Attachments
cc: James P. Harris, Planning Director
Fred Satterstrom, Planning Manager
Kevin O'Neill, Senior Planner
Sarah Bradley, Planner
Mayene Miller, Finance Director
Barbara Engstrom, CFP Analyst
Gary Gill, City Engineer
Ed White, Transportation Engineering Supervisor
Subject: #CPA-97-3 (A-H) Comprehensive Plan Amendments
November 24, 1997
Page 9
Applicant: Martin Durkan, Jr. (T.M. Investments)
Existing Plan Designation: SF-6, Single Family Proposed Plan Designation:
6 units per acre Commercial
Existing Zoning: SR-6, Single Family Residential Proposed Zoning:
6.05 units per acre NCC, Neighborhood Convenience
Commercial
Background
This property consists of 2.08 acres at the southeast comer of 116th Avenue SE and Kent-Kangley
Road. The parcel was brought into the City as part of the Ramstead/East Hill annexation area in
1994. In January, 1995, the City Council designated the property as R1-7.2 (now SR-6) on the
zoning map, as part of the Ramstead/East Hill annexation area initial zoning. In April of 1995,
when the City Council adopted the Kent Comprehensive Plan, the property was designated as
single family residential.
The property currently contains a single-family residence which appears to be vacant. The parcel
to the east is developed with a small convenience store which was zoned NCC (Neighborhood
Convenience Commercial) by the City Council as part of the Ramstead/East Hill initial annexation
zoning. Property to the west on the west side of 116th Avenue South is zoned MRG (Multi-family
residential, 16 units per acre) and is developed with an apartment project and three single-family
residences. Property to the south and north is designated SF-6 in the comprehensive plan and
zoned SR-6. The property to the south is the Lindental subdivision, which was recorded in 1991
and where homes are currently being constructed. The property to the north is also developed
with single-family residential uses. A child care center is located at the northwest corner of
116th Avenue SE and Kent-Kangley Road..
Analysis
The intersection of 116th Avenue SE and Kent-Kangley Road is the northern terminus of the
City's planned route for the 272nd/277th corridor, which will proceed south along 116th Avenue
SE. The corridor project will likely result in expanded traffic volumes at that intersection. The
applicant states that the parcel is not appropriate for residential development due to high traffic
volume associated at the intersection of 116th Avenue SE and Kent-Kangley Road. The applicant
also states that the proposed amendment meets the criteria for plan amendments, that there is new
site-specific information that was not available at the time that the plan was adopted, and that the
amendment is consistent with the goals and policies in the plan. The applicants cites policies LU-
12.3, LU-13.5, LU-13.6, TR-1.1, and TR-1.5.
Subject: #CPA-97-3 (A-H) Comprehensive Plan Amendments
November 24, 1997
Page 10
The City's 272nd/277th corridor project is intended to provide convenient access from East Hill
to the major north-south routes (Interstate 5 and State Route 167) which are located to the west.
The Public Works Department has expressed strong concerns about locating commercial land uses
anywhere along this corridor, since commercial land uses generate significantly higher traffic
volumes than the existing single-family designation would. When the corridor project was in the
planning phase, the City negotiated a road establishment agreement with King County that stated,
among other things, that the construction of the corridor would not be used as a justification for
redesignation of any abutting/adjoining property to a commercial use. In December, 1993. the
City Council passed Resolution No. 1379 (attached) stating that the Council anticipates that it
would designate lands adjacent to the corridor as single-family zoning, in accordance with
previous City and King County plans. The Public Works Department has also expressed strong
concerns about the parcel in questions, given the fact that the intersection of 116th Avenue SE and
Kent Kangley will be a key intersection on the corridor; the intersection is scheduled to have two
left-turn lanes proceeding southbound from Kent Kangley Road to 116th Avenue, and two right-
turn lanes proceeding eastbound from 116th Avenue SE to Kent Kangley Road. The net effect
will be that access to the site will be extremely limited, and it is anticipated that no left turns
would be permitted into the site from either street.
From a land use perspective, it is apparent why the applicant seeks a change to the existing
designations. The site in question is surrounded by different land uses; single family residential
to the south, multifamily residential to the west, and a commercial use to the east. This,
combined with the shape of the parcel, the fact that part of the parcel will he taken by the City for
intersection improvements, and that it will be at the intersection of two multi-lane arterials, make
the future desirability of single-family residential development questionable.
With regard to the City's comprehensive plan, the plan has several goals and policies with regard
I
o commercial land uses. These include the following:
Goal 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 LU-12.3 -Develop regulatory incentives to encourage inftll 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.
Policy LU-13.5 - Analyze the potential for development of "corner store", small-scale,
neighborhood-oriented shops adjacent to selected rights-of-way in higher-density
Subject: #CPA-97-3 (A-H) Comprehensive Plan Amendments
November 24, 1997
Page 13
The applicant estimates that approximately 27 acres of the total 53.5 acres is developable. Under
the existing SR-3 zoning standards, the gross expected yield of lots on 53.5 acres would be 198.
Using the applicants' estimation of developable land, the property could likely yield 100 lots. If
the property was rezoned to SR-6, the estimated yield on developable property would be 163 lots.
This is still less than the gross density allowed under SR-3 zoning, and works out to
approximately 3.05 units per acre over 53.5 total acres.
Two of the limiting factors on development in the vicinity of this proposed amendment are the
cost of extending sewer and water service, and limitations on vehicle access. Soos Creek Sewer
and Water would provide sanitary sewer service to the property, and water service would be
provided by Water District#111. Roads would have to be dedicated and improved to meet City
of Kent classifications and standards. The proposed amendment would likely result in a greater
number of trips to and from the property, although single family developments typically only
generate one pm peak hour trip per lot.
Recommendation
The City of Kent is on the urban side of King County's urban growth boundary, and is expected
to accommodate urban densities to preserve rural lands to the east. The county has used a density
standard of four units per acre as a minimum to support and pay for an urban level of
infrastructure and services. Although this site would still not develop to a gross density of four
units per acre under the proposed amendment, it would develop to an acceptable urban density in
light of its considerable environmental constraints. In addition, it would further the City
Council's goal of creating and promoting single family neighborhoods and home ownership
opportunities. Staff recommends approval of the proposed amendment.
Proposal G - A change in Land Use Plan Map and zoning map for the property located at
the NW corner of Kent-Kangley Road and 124th Avenue SE
Applicant: Tom Sinkula (Sinkula)
Existing Plan Designation: SF-6, Single Family Proposed Plan Designation:
6 units per acre maximum Commercial
Existing Zoning: SR-6, Single Family Proposed Zoning:
6.05 units per acre maximum NCC, Neighborhood Convenience
Commercial
1:
Subject: #CPA-97-3 (A-H) Comprehensive Plan Amendments
November 24, 1997
Page 14
BackLyround
The subject property consists of one tax parcel which is approximately 16,560 square feet in size.
The parcel is located at the northwest comer of 124th Avenue SE and Kent Kangley Road. The
property was brought into the City of Kent in January, 1996 as part of the Meridian annexation
area. In December, 1995, the City Council designated the property as R1-7.2 (now SR-6) on the
zoning map, as part of the Meridian annexation area initial zoning. The City Council also
amended the Kent Comprehensive Plan, which had been adopted in April, 1995, to designate the
property as SF-6 (single family residential, up to 6 units per acre).
The parcel is currently vacant. The properties adjacent to the subject parcel currently are
designated as single-family residential on the comprehensive plan and zoning traps. The property
is surrounded by low density single-family residential development to the north and east. The
parcel to the south is vacant, while the parcel on the southeast comer of the intersection is used
as the location of a roofing business. There do not appear to be any environmental constraints
on the site.
Analysis
As mentioned, the area adjacent to the subject parcel are planned and zoned for single family
residential use. This area was also designated as single family when it was in King County.
However, there are several businesses located in the area, which are nonconforming with regard
to zoning. This includes the roofing company which is located at the same intersection, a radiator
repair facility, and a stove and spa sales use. The applicant states that the amendment is justified
given the proximity to these existing uses, and the location of the site at the intersection of Kent
Kangley Road and 124th Avenue, which is a collector street. The applicant contends that small-
scale businesses should be located at the intersection of busy streets. The applicant also cites
Policy LU-13.5 in the City's comprehensive plan, which encourages analyzing the potential for
corner stores in high density areas.
As noted in the analysis of the proposed plan amendment at 116th Avenue SE and Kent Kangley
Road, the goals and policies in the plan promote the development and infill of commercial uses
in established commercial areas. There is a large commercial center at the intersection of 132nd
Avenue SE and Kent Kangley Road, which is less then one-half mile to the east of the subject
property. The proximity of this commercial area does not seem to warrant the creation of another
one at 124th Avenue SE. Furthermore, while some of the parcels in the proximity are developed
as commercial uses, the majority of surrounding parcels are developed as single-family residential
uses. The Public Works Department has also expressed concern about access to the site for a
commercial use, and the subsequent impact such a development would have on traffic congestion
at the corner of 124th Avenue and Kent Kangley.
Subject: /CPA-97-3 (A-H) Comprehensive Plan Amendments
November 24, 1997
Page 15
Recommendation
This proposed amendment does not appear consistent with the goals and policies in the
comprehensive plan, in that it does not promote infill of an existing commercial area but seeks to
establish a new one. In addition, the City Council examined the land use and zoning pattern of
this area less than two years ago, and determined that this area should be designated as single-
family residential. Any evaluation of creating a commercial node at 124th Avenue SE and Kent
Kangley Road should be done on an area-wide basis, not be establishing commercial zoning on
one parcel. Therefore, staff recommends that the proposed amendment be denied.
Proposal H - Update of Capital Facilities Element
Applicant: City of Kent Finance Department
The Capital Facilities Element in the comprehensive plan which was adopted in 1995 contains a
great deal of information relating to inventories of existing capital facilities, estimated costs of
anticipated future facilities, and projected revenues to fund these facilities. These components of
the Capital Facilities Element are all required under the Growth Management Act (GMA). This
information now needs to be updated based on the growth of the city which occurred as a result
of the Meridian Valley and Del Mar annexations which became effective on July 1, 1997.
The City's Finance Department states that the current facilities inventory, capital project needs,
available financing, and levels of service need to be updated to reflect the growth due to
annexation.
Recommendation
Staff recommends that the Land Use Board recommend approval to the City Council of the
updates to the Capital Facilities Element as prepared by the Finance Department, and as shown
in Attachment C.
SUMMARY OF RECOMMENDED ACTIONS
In summary, staff recommends that the Land Use and Planning Board recommend the following
actions to the City Council for the eight proposed plan amendments:
Proposal A - Recommend APPROVAL that applicant's property be redesignated as Industrial
in the comprehensive plan and M1 on the zoning map
Subject. #CPA-97-3 (A-H) Comprehensive Plan Amendments
November 24, 1997
Page 16
Proposal B - Recommend APPROVAL that the applicants' property be redesignated as Mixed
Use in the comprehensive plan and Community Commercial on the zoning map
Proposal C - No action at this time.
Proposal D - Recommend APPROVAL that the applicant's property be redesignated Low
Density Multifamily residential in the comprehensive plan and MRG on the zoning
map
Proposal E - Recommend that the applicants' request for Neighborhood Services and NCC
zoning be DENIED. If the Board considers new zoning, staff recommends
redesignating the property Commercial in the comprehensive plan and Professional
and Office on the zoning map
Proposal F - Recommend APPROVAL that the applicants' property be redesignated SF-6 in the
comprehensive plan and SR-6 on the zoning map
Proposal G - Recommend that the applicant's request for a Commercial plan designation and
NCC zoning be DENIED.
Proposal H - Recommend APPROVAL that the Capital Facilities Element be amended as
outlined by the Finance Department in Attachment C.
If you have any questions prior to the November 24th public hearing, please contact me at
(253) 859-4152.
mj/p/public/cpa97-3.mm3
Attachments
cc: James P. Harris, Planning Director
Fred Satterstrom, Planning Manager
Kevin O'Neill, Senior Planner
Sarah Bradley, Planner
Mayene Miller, Finance Director
Barbara Engstrom, CFP Analyst
Gary Gill, City Engineer
Ed White, Transportation Engineering Supervisor
t
LAND USE & PLANNING BOARD
EXHIBITS SUBMITTED AT -
11/24/97 PUBLIC HEARING
1. CPA-97-3(D)/CPZ-97-4 SHULMAN AMENDMENT
A. Letter from Transportation Planning and Engineering Inc. dated 11/6/97 (Exhibit 1)
B. Letter from The City of Des Moines dated 11/21/97(Exhibit 2)
C. Letter from Jack Lynch and Associates dated 11/7/97 (Exhibit 3)
D. Letter from Pat Dunham dated 11/23/97 (Exhibit 4)
2. CPA 97 3(E)/CPZ-97-5 T M INVESTMENT AMENDMENT
A. Letter from Kent Kangley Association, Allied Commercial Group and President of
Lakeridge Development dated 3/5/91 (Exhibit 5)
B. Letter from Randy and Marcie Judkins, landowners dated 11/24/97 (Exhibit 6)
3. CPA-97-3L1/CPZ-97-6 CLASEN/DINSDALE AMENDMENT
A. Letter from Stephany Bruell, Management Consultants dated 11/21/97 (Exhibit 7)
U:1 UPBE-WIBITS.WPD
TRANSPORTATION PLANNING & ENGINEERINGt INC.
C1U1 Q{ IVCNt)6 i WIT! 11U— IiFLLuVU F„ f115FI/NGiGN 9BUUi
TF,I,FPH0NE i4;_51 455.53N
cAi:BIULLE 11^51.n] I'.90
.�� »",.:.J."1 November 8, 1997
Mr. Max Shulman
ALASKA DISTRIBUTORS RECEIVED
4201 6th Ave. South NOV 0 7 1997
Soettle, WA_ 98108
CITY OF KENT
Re: Mldwey Site Apartment Use
PLANNING DEPARTMENT
Trip Generation Letter
Dear Mr. Shulman:
Per the request of Mr. Jack Lynch we have prepared this letter to ovaluutA the
traffic impact of ttte proposed 132 unit apartment project. The project site is located on
the south side of the Kent-Des Moines Fid. (SR $100 with its this tern pro
ape y line re the
approximately 350 ft. (107M) west of SA go. The pure
trip generation of the proposed 132 facility.tapartment project versus the previously proposed
32,250 sq. ft. offine and come
Tranaportgalon Planning and Engineering Inc. prepared This stud evaluated
nunulna 9tudv dated September 22, 1994 for the subject property, Y
the traffic Impact Of developing a 32,250 sq. ft. office and commercial facility. This facility
was estimated to generate 81 PM peak hour trips (14 entering and 67 exiting).
The trip Bunsration for the proposed 132 unit apartment project Is calculated using
the trip generation equation in the Institute of Transportation Engineers (ITE) Ida
Trig knoorllon 1991 08 132 unit apartment projaat will ent, Post 1973 (ITE and Use Code 22o). According to the
gene ate S2 PM peak hour trips (2
Trig c+enera ion fi
entering, 29 exiti119).
Comparing the PM peak flour trip generation of the previously proposed office and
commercial facility, and the currently proposed apartment project, shows both generating
vaaen0ally the same number of tripe, 81 vs. 82, However the entering/exiting trips are
significantly different. The apartment use has 52 enterinq vehicles vs. the 14 Identified for
tho offlco and commercial facility.
K033P071Y
Mr, Alex Shulman
ALASKA DISTRIBUTORS
November 8, 1997
Page ' 2 -
The Impact of the change in the ingreas^egresrt trip generation il �l pattern dY,was
The
reviewed using data contained In our =wMI'S ljgaual Fi use ata•$ "ion Turn
change in the trif pattern resulta.in the WSQOT �� A
Storage Guidellnosg criteria being met. Therefore left turn channelization at the site
driveway will likely be required by W8O0T. Sufficient pavement width should be evailnble
to accommodate the left turn channalization with construction of the street Improvements
Identified In the City of Konrs Environmental Checklist No. OENV94.8 for the Midway
Crossing proj�g�n or late September
September 28,s 22,1995. No other 1994 report occur.bstantive changes to Su.mm3r.�
And ,anc!ug
If you have any qusstlons please call me.
Very truly yours,
1A
v� AS TRANSPORTATION PLANNING
& ENGINEERING, INC
Mark J, Jacobs, P.E.
Senior Transportation Engineer
Savo uer If
MJJ:es
CC. Jack Lynam
Ko»297.ur
-Ojpu,�d Ck �u wk 1 z, i! `� i C pA — q-7-3 c�)
� Pz - q7- 4
d/ ge4 �4�,d�
• COMMUNITY DEVELOPMENT v
• 805 SOUTH 219TH STREET
- O DES MOINES,WASHINOTON 98198-6340
(208)878.8626 FAX:(20O)870-6544
c.
November 21, 1997
Matt Jackson
Planning Development
City of Kent
220 4th Avenue South
Kent, Washington 98032-5895
Re: Pro osed Shulman Comprehensive Plan Amendment and Zonin
an e; arce s - , - , - - an -0565
Dear Mr. Jackson:
Thank you for providing notification to the city of Des Moines for the above
proposal which is currently pending action before the city of Kent Planning Board
and subsequent to that, a final review and decision by the Kent City Council. The
city of Des Moines is very concerned about this proposal and its potential
detrimental impacts to the city. As you know, our cities share an irregular city
boundary along the west side of Pacific Highway South near the site proposed to
have its comprehensive plan designation and zoning changed. This boundary
irregularity has in the past created challenges for both cities to work in complete
concert with each other. Des Moines remains respectful of the Kent's
jurisdictional authority within its own corporate limits, but occasionally certain
actions or decisions present potentially serious environmental, policy, and land
use conflicts which require identification and consideration prior to processing
private development or land use requests. Such is the case of the
aforementioned Shulman land use plan and zone change request.
In a recent telephone conversation you explained to me that the city of Kent's
current land use plan map designates the site as Commercial and zoning is
General Commercial. The applicant, Mr. Alex Shulman, has requested that the
designation be changed to Medium Density Multi-Family Residential and zoning to
MRM, a zone that has a density allowance of 23 units per acre. You further
explained to me that the Kent planning staff is recommending that an alternative
designation (Low Density Residential) be approved instead. After further
discussion, you stated that there were two options to implement this
•%/v ��irwi�niw/ r(iY�
Shulman Amendment and Rezone
November 21, 1997
Page 2
recommended designation—the MRG zone (16 units per acre maximum) and the
MRD zone (equating to approximately 10 units per acre for multi-family residential
projects because of minimum lot size and subdivision requirements). It is my
understanding that the Kent Planning Department is recommending changing the
rcurrent General ecommended Commercial zoning to the MG
Residential designation zone to implement the staffs
The city of Des Moines is supportive of the Kent planning staffs recommendation
to designate the site as Low Density Residential instead of the requested Medium
Density Residential designation. However, we believe the MRD zone would be a
more appropriate zone to implement the recommended planned land use, not the
MRG zone. The MRG zone has a density allowance of 16 units per
h acres 1 which
may be appropriate under normal circumstances for property
developable and is juxtaposed to commercial and Idevel pment site.residential It has
The subject property, however, is anything but a typical
severe environmental development constraints and is no where near 100%
developable. Because of topography, wetlands and proximity to the headwaters
of Massey Creek, about 40% of the site is not suitable for development. The site
is a designated by Des Moines as an environmentally sensitive area, because of
its environmental characteristics and limited development potential. Also, Massey
Creek and the subject site is within a designated critical drainage basin which
experiences regular downstream flooding to a degree that public and private
property is a common occurrence, even under modest storm events. The
Massey Creek drainage basin is managed by the city of Des Moines.
Traffic is yet another factor that should be taken into consideration for this site.
The site potentially has limited sight distance because it is located along a curve
on the Kent-Des Moines Road. It also may be unaccessibie during peak hours
because of the failing level of service for the nearby SR-99/SR516 intersection
and the associated traffic back-up past the subject site. Trips from future
development of the subject site are certain to exacerbate these problems. There
is a direct correlation between project density and number of trips for residential
deelopmenbevcarefullytanalyzed anidting perhapsclim limited to in the minimizeecont coect ntributing ng to density should
traffic
problems in the area.
In addition to being inconsistent given the environmental limitations of the site and
affecting an already constrained traffic system in the surrounding area, the
recommended MRG zone would conflict with adopted planned ith n our"sphere
and use for the
site by the City of Des Moines. Because the subject property
of influence", it has been evaluated by the Des Moines City Council to determine
what the desired land use should be. Des Moines has designated this site as
Common Wall Single Family Residential having a maximum density of 12 units
per acre. Much effort has recently been expended by the city to carefully a createa
townhouse zone to implement this designation. The subject property ' prime
property for this use. The recommended MRG zone for the site would have an
equivalent net density of 28-30 units per acre after environmentally sensitive
areas are protected and removed from the development area. This is simply
beyond the site's carrying capacity: The effective density of the MRG zone also is
grossly inconsistent with Des Moines planning objectives. The density of the
MRG zone would be over twice the density of what is planned for in the city of Des
Moines Land Use Plan.
Shulman Amendment and Rezone
November 21, 1997
Page 3
e from
As mentioned,tto, Des Moines is ow Density Residential. We ortive of the land use wouldask that the City of Kent take
commercial
into consideration Des Moines' request that the MRD zone be used to implement
this land use. The justification for this Zone sometime ie is further n the nexorted yt year with the fact an
Kent will be developing a townhouse-type
achievable density in the neighborhood of 12 units per acre. The MRD zoning
would be a good interim zoning untile Moines time tould fullysupportiveimplmeof a�futu s new e
zoning. At a future point in time, D
rezone for the site to a zone generally comparable to the Des Moines townhouse
zone and its associated density of 12 units per acre. We believe that it would be
premature for the city of Kent to take action on this request, if it means adopting a
zone with a density greater than that provided for in the MRD zone.
Thank yo or your serious consideration of our comments. Please forward our
commeptsr to our
oYthe request as J processed.Councilnd loc a the
can be consideration and
(206) 870 6555.
s
Re
Robert Ruth,
Senior Planner
cc: City Manager
Community Development Director
Planning Manager
TC
Jhl '.I-. I_YI•h�l 1 �I'JU �:..,: :�-.JC;1/\ I lr.:., �C.CC ~J � �/ /
1(:)CJ'I N.E. 8100t St �1/�/Q7
WA 9841E ((( 66G
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f�lr-rnr iil f;7
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Cori vnurllty uavelopmertt
RECEIVED
NO VvIIIbcr 7 r 1997
N O V 0 7 1997
;�lr:luc�r anditm CITY OF KENT
01_ANNING DEPARTMENT
Jankqon
Lynch
tl<; CpA-97-3 (D) /GPZ-97-4 Shulman
The: f:n1.]cn�,Lru� i.nfox:nat-Jon is submitted for your considear�tiim
f 1: r rag�ar llh; Co the Shu]uian request:
1 . 132 Unit Multi-family Development Concept
l:hc dcvc;:l01:)1ncnt concept that I delivered to you on wcdncsday
rr .l ect;s trhat we believe is feasible fora the site. we cor:si der ec�
rtn cyt:i on with 170 units with a oombi.nat.i on of covered ( unCier:
t ho bui ] (11 nc.15) and surface parking. However, we decided that
the t�:af:fic i.mpact� with a 132 unit option were more rea;onr.lb].e
rand con.:i.titent with the commercial proposal that was the subject.
of t.iic r:cvi.scd MDNS i.ssu<:d by the City on September 26 , 1.995
ac:r. e parcel. that Is s t)le most west.er :l y ar.ea of Mz' .
Shulman ' nwnFrshi.p and Is In the City Of 17es Moines would bQ
is rs i ynt+t f_,( as a Nat:i.ve Growth ProtectionEa>c:ncnt or. si.mi 3-ar
<1c1signation. No development is proposer] for this area .
2. P,asis For, RequeRt :.,or, Change In ':Ihe !,and Use/Zoninrf
1)c : i.ynnt.ions Fynm ConitnerCi.al rj,u Mul t.1 -fami 1 y -
Mr' . •0,1:111 nlun has owned the property for over. :,even year.. . 1Ju1. .1 nq
th i ;; pe•r ; c,c3 , he has not been able to generate interest in
dEr.vE'tlopma,it. of: the propE%rty for commercial purposes, such ac
rct-.,, tl or office. The setting of the propc:-ty and lack Of
vjs:i })ility hnve been the reasons. Thcre is development i.nt(-:T- IFit.
::n lault:i.••tritnily housing because of the propertyyIs proximity
t.c) ccrvi cc:; and other residential development in the iminedi at c
vi c.i.ni.t.y.
i:evised Traffic Analysis -
'cransppr•Gation Planning and Engineering, Inc. (•rP&L:) reviewed
thn Ilrulti - family development concept in rciltItion to the earlier
i'UnIrICZ'Ci a] proposal that was the subject of the City ' s
Onv1 r.•oti:aclrlt.al determi nation( rNV -94-a ) . TP&L''s report is enc l n+ci.r1
,tghr� p.n1. dour. traffic generated by the two 1-jmpo9als would l)e
:I1mc.):;t identical but the directional flow would be different .
,1hc addit.io:ral mitigation caused by the multi-family lDrOPOSOl
TEL
Pd((C 2
turn lane at the site dz:iveway! would 1)c con,iutent w:ltli
u11ti.clation aoriditiona I19ted i.n ( 1Nv-94-Fi ) issued
C)Il :,,eptCClIbur 26 , 1995 .
Yl o>l! Q mp if add l tioizal information i... necdcd
c�: :. Alex Sf,ulman
November 23. 1997 < < l 2-1
Planning Department
City of Kent
220 S. Fourth Avenue
Kent. WA 98032
Gentlemen:
RE: City of Kent Land Use&Planning Board Notice of Public Hearing
Amendment to change the Land Use trap designation from Commercial
to Medium Density Multifamily and the Zoning trap designation from GC General
Commercial District to MRIvt- Medium Density Multifamily Residential District
Application Name: Shulman.Numbers: #CPA-97-3 (d)&#CPZ-97-3 (D)
It is only a simple rezone request but behind it lies a bigger controversy. This is the last retraining undeveloped
portion of property left of what comprises the headwaters of Massey Creek,a salmon spawning creek flowing directly
into Puget Sound—should it be developed at all?
The property has been declared a sensitive area by both the City of Kent and the City of Des Moines in an earlier
development.Midway Crossing, southeast of and adjoining the parcel above described and the Department of
Fisheries in a letter to the City of Kent dated February 1. 1991. The City of Des Moines has also been very active in
its studies of Massey Creek and has published several documents including implementing an "Environmentally
Sensitive Areas" Ordinance and the Comprehensive Flood Control Management Plan by the City of Des Moines
Department of Public Works.
It is ironic that the property falls within the City of Kent boundary when it is on the west and downhill side of I-5 and
Highway 99 and all the impact is felt by the residents and City of Des Moines. The City of Kent boundary, in fact, is
the perimeter of the property and parts of the developed Midway Crossing. All the property surrounding this area is
within the City of Des Moines.
Within the boundary of this property are both natural springs and runoff from the developed areas to the north.east
and south of the property. I have documented evidence from long-time residents surrounding this property that the
natural springs rum year-round and the nature of this property is mostly wetlands due to the numerous springs. I also
note that recent attempts to drain the property are evident, there is now a than-made channel dug in the center of the
property,giving evidence to this attempt. I also note that it was mostly unsuccessful as the springs are numerous and
in different areas of the described property.
I also can state that the county and both cities have held numerous meetings for environmentally sensitive arras
requesting ordinances to protect wetlands. I call on your department to see that these efforts are continued I ask that
this property be assessed by your department before any building permit is approved-
sincerely.Z�5
Pat Dunham
23223 27th Avenue South
Des Moines. WA 98198
cc: Department of Fisheries
Department of Ecology
City of Des Moines Mayor&Council
&Planning Department
Citv of Kent Mayor&Council
CPS -q7 _ 3 CE) C � Z - 97 -
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i� n�.�r 'yl _� I �- - uJP cs-,rlc_.�� ��c /,•IaJ 4.G Lam.
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K Pc� ,'✓e d �2- L. u d'
Randy and Marcie Judkins
26313 116th Ave. S.E.
Kent Wa. 98031-7891
ph# 253-854-2115
To: City of Kent ; Land Use and Planning Board
Re: Notice of Public Hearing ; considering a request
submitted by M.J. Durkan Inc. for T.M. Investment
to change land use map on following Application
Number and Amendment-CPA97-3(E)/(PZ97-5,
for said property at 11605 Kent Kangley Road.
The scope area of the requested Zoning Change from
SR-6,Single Family Resident to Neighborhood Convenience
Commercial is an area that will be heavily impacted by the
already proposed SE272/SE277th St. Corridor Project
as this is where the Corridor Project terminates at its
Northern end/with the Corridor intersecting at 116 th
Ave S.E. and Kent Kangley Road (SR516).
The existing area around the requested change area
is already SR-6,Single Family Res./6 units per acre,and the
impact that a change from this zoning to NCC,Neighborhood
Convenience Commercial would be extremely severe as this
area is already a highly congested area.
It is our recommendation (as it is the Staff) , to refuse
the zoning change and leave the said area as SR-6 zoning.
RECEIVED
NOV 2 4 1997 Ran y an Iarcie Judkins, do ers
CiTY OF KENT
PLANNING DEPAMMEN1
SHnC 206 324 163-1
P-q-7-b `ace cat
STEPHANY �h��
BRUELL
MANAGEMENT
CC) N,� ULTAN-I.S
November 21, 1997
James P. Harris
City of Kent Land Use and Planning Board
220 South Fourth Avenue
Kent, Washington 98032
Dear Mr. Harris:
This letter supports Mr. Charles K. Burridge's request for a
comprehensive plan amendment to change the land use map
designation from SF3 to SF6.
As a property owner in the area, I am in agreement with the zoning
changes proposed in the Clasen/Dinsdale Amendment. I urge you
to grant this request.
While prior commitments prevent my attending this hearing, I am
available by telephone for additional comments or questions.
Sincerely,
tep ny �11
�/ 101 East Pine
Seattle VA 98122
Phnn� ;206) 129-3411
Kent City Council Meeting
Date January 20, 1998
Category Other Business
1. SUBJECT: MERIDIAN WEST PRELIMINARY PLAT SU-96-2
2 . SUMXRRY STATEMENT: This date has been set to consider the
Hearing Examiner' s recommendation of approval of a modification
to a condition for the Meridian West Subdivision. This plat is
4 .86 acres in size and is located on the west side of 132nd
Avenue SE, north of SE 266th Street (26405 132nd Avenue SE) .
3 . EXHIBITS: Staff report, Hearing Examiner' s recommendation, 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 ACTION:
Councilmember moves, Councilmember seconds
to accept/modify/reject the findings o the Hearing Examiner,
and to adopt/reject/modify the Hear g Examiner' s recommenda-
tion of approval of the modified; ondition.
j
DISCUSSION•
ACTION•
Council Agenda
Item No. 4G
CITY OF7C MI iS
,Jim White. Mayor
Planning Department (206)859-3390JFAX(206) 850-2544
James P. Harris, Pianniu Director
PLANNING DEPARTMENT
(206) 859-3390
STAFF REPORT
FOR HEARING EXAMINER MEETING OF
MARCH 19, 1997 2:00 PM
FILE NO: MERIDIAN WEST #SU-96-2
APPLICANT: WALLY AND ANNE MSEITIF
REQUEST: A REQUEST TO SUBDIVIDE 4.86 ACRES INTO 25
SINGLE FAMILY LOTS
STAFF
REPRESENTATIVE: LINDA PHILLIPS, PLANNER
STAFF
RECOMMENDATION: APPROVAL WITH CONDITIONS
I. GENERAL INFORMATION
A. Description of the Proposal The proposal is to subdivide 4.86 acres into twenty-five
residential lots. The minimum lot size is 4000 square feet. The southwest comer of
the subdivision is reserved for a water detention tract, an existing wetland and new
wetland area, and a wetland buffer.
B. Location The propem,, is located ajacent to 132nd Avenue SE, between 263rd Street
and 266th Street.
C. Size of PrODerty The size of the property is 4.86 acres.
D. Zonin The property is zoned Single Family Residential (SR-8),4000 foot minimum
permitted lot size, 8 residences per acre maximum permitted density.
1
220-0/h AVE.So /KENT_'A ASH INGTON 9%03'_.S895/TELEPHONE 185q-1100/PAN n RSU?314
Staff Report
Meridian West
#SU-96-2
E. Land Use The present land use is single family residential. An existing dwellinc is
located on proposed Lot 5. Land use adjacent to the subject property and in the
general area is single family residential.
F. Histon'
1. Site History
The subject property is located in the Meridian annexation area, which was
annexed to the City on December 19. 1995.
A tentative plat meeting was held for this project on January 24, 1996.
Comments and conditions generated at the tentative plat meeting were
considered in review of the preliminary plat application.
II. ENVIRONMENTAL CONCERNS
A. Environmental Assessment
A final Mitigated Determination of Nonsignificance (#ENV-96-62) was issued for
the proposal on September 29, 1996.a copy of which is included in the file of record.
B. Significant Physical Features-Topography jai Hydrologv
1. Tgao raphy
The site slopes from north to south with an overall grade between the north
property line and proposed SE 264th Street of approximately 5%. The south
east comer of the property is relatively flat, and the southwest corner slopes
at an average 13 percent from SE 264th Street to the existing wetland area.
2. Trees
There are significant trees on site. A tree plan identifying all trees with a
caliper of six inches or greater is required prior to issuance of development
permits.
2
Staff Report
Meridian West
SU-96-2
3. Wetlands
The Department of Public Works has reviewed and approved a Wetland
Delineation Report for this site and the project plans reflect that approved
wetland boundary and buffer.
C. Significant Social Features
1. Street System
Access to 132nd Avenue SE and to SE 263rd Place is proposed to be
provided by a public street which would be 130th Avenue SE at the west
property line and SE 264th Street running east and west through the property-.
Two private access roads are proposed to provide access to 8 of the proposed
25 lots.
2. Water System
The proposed subdivision is served by Water District 111 facilities. An on-
site distribution system is required.
3. Sanitary Sewer System
A sanitary sewer line is available to serve the property.
4. Storm Water System
The Department of Public Works has reviewed the Preliminary Drainage Plan
and supporting calculations for the proposed plat and determined that the
Preliminary Drainage Plan will work and that the proposed drainage tract is
large enough to contain the required detention volume and stormwater
treatment facilities. Infiltration facilities are not required based on
information supplied by the Applicant.
5. LID'S
No local improvement districts exist at this time.
Staff Report
Meridian West
#SU-96-2
III. CONSUT rFD DEPARTh�ENTS AD AG N�C1ES
The following departments and agencies were advised of this application:
Chief of Staff City Clerk
City Administrator City Attorney
Director of Public Works Chief of Police
Parks and Recreation Director Fire Chief
Building Official
Midway Sewer District Water District 475
Kent Schood District King County Parks, Planning and Resource
Department
US West Communications Puget Sound Power and Light
Seattle-King County Health Dept. 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 E
A. COMPREHENSIVE PLAN
In 1995, the Kent City Council adopted the Kent Comprehensive Plan, which
represented a complete revision to the City's 1977 Comprehensive Plan. The 1995
plan was prepared under the provisions of the Washington State Growth
Management Act. The Comprehensive Plan,through its goals and policies,presents
a clear expression of the City's vision of growth for citizent, the development
community,and other public agencies. The plan is used by the Mayor,City Council,
Land Use and Planning Board, Hearing Examiner, and City departments to guide
decisions on amendments to the City's zoning code and other development
regulations, which must be consistent with the plan, and also guide decisions
regarding the funding and location of capital improvement projects. The Land Use
Element of the plan contains a Land Use Map, which designates the type and
intensity of land uses throughout the City. as well as inthe intire potential annexaton
area.
4
Staff Report
Meridian West
#SU-96-2
The Citv of Kent Comprehensive Plan is made up of eleven elements which contain
written goals and policies as well as a land use map.
1. LAND USE ELEMENT
a. Goal LU-9 Provide opportunities for a variety of housing types.
options, and densities throughout the City and the Potential
Annexation Area.
b. Goal LU-23 Protect and enhance water resources for multiple
benefits, including recreation, fish and wildlife resources and habitat.
flood protection, water supply, and open space.
C. Policy LU 23-1 Maintain the quantity and quality of wetlands via
current land use regulation and review; and increase the quality and
quantity of the City's wetlands resource base via incentives and
advance planning.
2. CAPITAL FACILITLa
a. Goal CFP-1 As the city of Kent continues to grow and develop.
ensure that an adequate supply and range of capital facilities are
available to provide satisfactory standards of public health, safety.
and quality of life.
3. HOUSING ELEMENT
a. Goal H-2 Provide sufficient, diverse, and affordable housing for the
existing and projected population of Kent.
4. ECONOMIC DEVELOPMENT ELEMENT
a. Goal ED-2 Maintain a strong policy toward balanced community
development
b. Policy ED 2.1 Encourage home ownership to foster stakeholders in
the community
5. COMPREHENSIVE PLAN MAP The Comprehensive Plan Map designates
the subject property as Single Family (SF-8). The proposed subdivision is
5
Staff Report
Meridian West
Y SU-96-2
Single Family Residential, and does not exceed the maximum permitted
density of eight residences per acre.
6. Planning Department Comment: The proposed subdivision as conditioned
is consistent with the above mentioned goals. objectives policies. and map
designations of the Comprehensive Plan.
B. STANDARDS FOR GRANTING A SUBDIVISION
1. Purpose of the City of Kent Subdivision code: To provide the 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
icrculation, utilities, and services) shall be taken into consideration; that
conformance with provisions set forth in the city of Kent Zoning Code and
Kent Comprehensive Plan shall be ensured.
2. Vehicle access Lots 4 and 5 areserved by a private access road. To reduce
the asphalt paving, the private access road length should be reduced to end
at the north edge of the existing driveway on Lot 5.
3. Fee in Lieu of Parks and Open Space Dedication The fee in lieu of land
dedication for parks and open space is determined by the method set forth in
Subdivision Code Section 12.04.490. The fee in lieu is held in a reserve
account and may only be expended to fund a capital improvement that has
been agreed upon by all parties to mitigate the identified, direct impact of the
development.
C. FEASIBILITY OF DEVELOPMENT ON PROPOSED LOTS
1. Development on all lots in the proposed subdivision is subject to Zoning
Code requirements for development in the SR-8, Single Family Residential
zoning district. All lots, as proposed, meet minimum lot size and width
requirements.
6
Staff Report
Meridian West
#SU-96-2
D. PROPOSED FINDINGS: The Planning Department has reviewed this application
in relation to the comprehensive Plan, present zoning, land use, street system. flood
control problems and comments from other departments and finds that:
1. The City-wide Comprehensive Plan Map designates the site as SF. Single
Family Residential, eight residential units per acre, maximum density. This
proposal is for 5.14 units per acre.
2. The site is presently zoned SR 8, Single Family Residential. The minimum
permitted lot size is 4,000 square feet. The area of each proposed lot is at
least 4000 square feet.
;. Land uses in the area are predominantly single family residential. The
proposed single family development is compatible with existing
development.
4. A mitigated Determination of Nonsignificance was issued for the plat on
September 29, 1996. The applicant and the City have satisfied the
requirements of the State Environmental Policies Act (SEPA). The applicant
must fulfill the required mitigating measures set forth in the Determination
of Nonsignificance.
5. The site slopes generally from north to south, and the lowest point is an
existing wetland at the southwest corner.
6. There are trees of six inch caliper and greater on the property.
7. Vehicle access to the property does not present constraints to the proposal.
8. Water and sewer service are available from Water District#111. Availability
of water and sewer service do not present constraints to development.
9. A preliminary storm drainage system has been approved by the Department
of Public Works, and the area set aside in the proposed plat is adequate for
storm water detention.
10. Subdivisions which consist of five lots or more are subject parks and open
space requirements of the Subdivision Code. The proposed subdivision
consists of 25 lots.
7
Staff Report
Meridian West
#SU-96-2
1 I. Upon reviewing the development plans/subdivision plat for the 'MERIDIAN
WEST' SUBDIVISION development, it has been determined that the
proposed development will cause incremental but cumulatively significant.
additional impacts to the regional and local transportation systems --
demonstrated, in part, as additional traffic congestion at the following
intersections:
132nd Avenue Southeast at Kent-Kangley Road [ SR 516 ]
132nd Avenue Southeast at Southeast 256th Street
124th Avenue Southeast at Kent-Kangley Road [ SR 516 ]
Additional incremental,but cumulatively significant, impacts will be created
to water quality, storm water detention and conveyance facilities, utilit}'
transmission facilities, sanitary sewerage and domestic water conveyance
systems.
Compliance with City of Kent's 'Public Works Ordinance' and the State of
Washington's Growth Management Act will require concurrent improvement
--or the execution of binding agreements by the subdivider with the City of
Kent, for participation in future improvement projects -- of roadway,
intersection and intersection signalization, storm water detention, treatment,
and conveyance, utility, sanitary sewerage, and domestic water, systems.
VII. STAFF RECOMMENDATION
Upon review of the merits of this request and the Code criteria for granting a preliminan-
subdivision, the City staff recommends APPROVAL of proposed MERIDIAN WEST
SUBDIVISION #SU-96-2 subject to the following conditions:
A. GENERAL CONDITIONS OF APPROVAL:
1. The subdivider shall implement all mitigation measures required by the
Determination of Nonsignificance for SEPA checklist#ENV-96-62 for the
MERIDIAN WEST Subdivision.
B. PRIOR TO RECORDATION OF THE SUBDIVISION:
1. The owner/subdivider shall provide a survey to be performed by a licensed
land surveyor of the subject property, 132nd Avenue Southeast, Southeast
264th Street, Southeast 263rd Street, and adjacent affected properties, and
9
Staff Report
Meridian West
#SU-96-2
shall clearly delineate the existing public right-of-wad. right-of-xva%
centerlines, property lines, paving limits. and other public and private
improvements.
2 The owner/subdivider shall execute an agreement to financially participate
in and pay a proportionate share in the cost of providing an off-site paved
walkway between the plat boundary and the Lake Meridian Elementary
School. Monies therefrom shall be deposited with the City prior to final plat
approval of this subdivision.
;. A Wetland Delineation Report for this site has been received. and approved.
A Wetland Mitigation Plan shall be submitted to Kent Public Works for
review and approval prior to recording final plat.
4. The wetland boundaries shown in the approved Wetland Mitigation Report
must be surveyed and marked with permanent survey monuments. The
survey shall be shown on the face of the final plat. A licensed professional
surveyor shall provide the survey which shows the wetland boundary. the
approved wetland buffers, the areas of each, and the legal description for the
Sensitive Area Tract for the Wetland. Copies of these maps will be included
in the approved Wetland Mitigation Report.
5. The entire approved,preserved and constructed wetland(s) and it's buffer(s),
and the 25 foot undisturbed creek buffer shall be permanently protected as a
separate Sensitive Area Tract dedicated to the City of Kent in accordance
with the Kent Wetland Management Code. The legal description for the
Sensitive Area Tract for the creek buffer shall be prepared by a licensed land
surveyor. The buffer areas shall be isolated from intrusion and/or disturbance
using landscaping, signs and/or other appropriate screens, as well as an
approved wildlife-passable fence. The following wording shall appear on the
face of the final plat:
SENSITIVE AREA TRACTS
DEDICATION OF A SENSITIVE AREA TRACT CONVEYS TO THE
PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE
TRACT. THIS INTEREST INCLUDES THE PRESERVATION OF
NATIVE VEGETATION FOR ALL PURPOSES THAT BENEFIT THE
PUBLIC HEALTH, SAFETY AND WELFARE, INCLUDING CONTROL
OF SURFACE WATER AND EROSION, MAINTENANCE OF SLOPE
9
Staff Report
Meridian West
#SU-96-2
STABILITY,VISUAL AND AURAL BUFFERING. AND PROTECTION
OF WATER QUALITY.PLANT ECOLOGY AND WILDLIFE HABITAT.
THE SENSITIVE AREA TRACT IMPOSES UPON ALL PRESENT AND
FUTURE OWNERS AND OCCUPIERS OF THE LAND SUBJECT TO
THE TRACT THE OBLIGATION. ENFORCEABLE ON BEHALF OF
THE PUBLIC BY THE CITY OF KENT, TO LEAVE UNDISTURBED
ALL TREES AND OTHER VEGETATION WITHIN THE TRACT. THE
VEGETATION WITHIN THE TRACT MAY NOT BE CUT. PRUNED,
COVERED BY FILL, REMOVED OR DAMAGED WITHOUT
APPROVAL IN WRITING FROM THE CITY OF KENT.
THE COMMON BOUNDARY BETWEEN THE TRACT AND THE AREA
OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE
FLAGGED TO THE SATISFACTION OF THE CITY OF KENT PRIOR
TO ANY CLEARING, GRADING, BUILDING CONSTRUCTION OR
OTHER DEVELOPMENT ACTIVITY. THE REQUIRED MARKING OR
FLAGGING SHALL REMAIN IN PLACE UNTIL ALL DEVELOPMENT
ACTIVITIES IN THE VICINITY OF THE SENSITIVE AREA TRACT
ARE COMPLETED.
NO BUILDING FOUNDATIONS, STRUCTURES, FILL OR
OBSTRUCTIONS (INCLUDING, BUT NOT LIMITED TO DECKS,
PATIOS, OUTBUILDINGS AND OVERHANGS) ARE ALLOWED
WITHIN 15 FEET OF THE SENSITIVE AREA TRACT BOUNDARY,
UNLESS OTHERWISE APPROVED BY THE CITY.
6. 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, which shall be
provided by the City of Kent. The sewer system shall be extended
from off-site, and shall be sized to serve all off-site properties within
the same service area. It appears that the sanitary sewer service within
the Stillwater Greens plat, to the north. is too shallow to serve the
subject property without extensive grading and filling. If this is the
case, then sewers will have to be extended from the system located
upon the west side of 132nd Avenue Southeast, approximately 1000
feet to the south of the subject property, or from the system located
along 128th Avenue Southeast -- requiring easements through
abutting properties to the south and west.This route could be severely
10
Staff Report
Meridian West
#SU-96-2
constrained by wetlands and a stream corridor. The owner,
subdivider's Engineer shall prepare a design engineering report for
review and approval by the City to determine the appropriate design
alternative to serve the subject property and the surrounding area.
The existing residence on the property shall be connected to the
public sewer system prior to the issuance of any permits upon the
plat. The existing septic system shall be'as-built', and shown upon the
approved engineering plans as "to be abandoned". The system shall
be abandoned in accordance with King County Health Department
rules and regulations.
b. A water system meeting domestic and fire flow requirements for all
lots. Water service to the subject property will be provided by Water
District Number 111. Contact the district for details on necessary
improvements.
C. A storm drainage system meeting the applicable standards for
conveyance, detention, and water quality treatment. The minimum
detention volume and release standards to be met for this project shall
be that for the Soos Creek Drainage Basin, or the City of Kent Hill
standards, whichever is more restrictive. The detention/retention
facility shall be an open pond with no side slope being steeper than
3 Horizontal :1 Vertical. The number of lots and/or lot configuration
may be required in order to provide the retention/detention facility in
a way that does not impact the adjacent wetland and wetland buffer.
i. Unless the owner/subdivider submits a drainage plan
significantly different than what was submitted with the
application for this subdivision, the owner/subdivider will be
required to make extensive off-site improvements. In
addition,the owner/subdivider will also have to obtain public
stormwater easements for the entire conveyance system
outside of existing City right-of-way or drainage easements.
ii. The final Drainage Plan will clearly identify the existing and
future capacity of each link in the drainage system for the
required downstream analysis. The downstream analysis for
this development will include an analysis for capacity,
erosion potential, and water quality from the points of
11
Staff Report
Meridian West
4SU-96-2
discharge from the subdivision site downstream a distance of
at least one-quarter mile, or to the point where storm�,yater
discharges through the maintained City of Kent Meridian
Meadows Detention Pond facility, whichever is further. The
owner/subdivider shall identify all reaches which do not have
the capacity :or the peak flow from the 100-year, 24-hour
design storm. In addition, should existing downstream
capacity be insufficient to convey the 25-year. 24-hour peak
flow rate,the owner/subdivider shall either provide necessary
off-site improvements (and wider 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. The downstream analysis shall clearly identify
any problems/impacts upon the existing detention facilities at
Springbrook detention/wetland facilities and. may require
level-pool routing to identify those impacts.
iii. Final Stormwater Drainage Plans for the plat will clearly
show the proposed conveyance route from the subdivision to
the City of Kent maintained Stormwater drainage system. and
the appropriate public easements that will be provided to use
this route. Legal descriptions for all easements shall be
prepared by a licensed land surveyor.
iv. A 25 foot wide undisturbed creek buffer is required from the
line of ordinary high water for the unnamed tributary which
discharges from the largest on-site wetland. Stormwater
management facilities shall not be permitted within this
buffer.
V. Roof downspouts for each house and garage shall be directed
to infiltration trenches meeting the requirements of the
Stormwater Management Manual for the Puget Sound Basin.
The following requirement shall be stated on the face of the
final plat:
12
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n1 the
Public
(I PI'7'^
• 1.C:1 i1, ,,;:�i.1:� ,:,.i 1.�..1 I:. I .:.;:�e� rr' IA I:lix shalI be
It P tell OTTII :1t3I:'laI-'e
'l;' -��7..eC ;.II�LI..'� IJt" -I I. >. Il•.!rLli" dli i11,Y,'L-1.1--'tTl.f:-alI storn7N4'ater'
11 ( :',rc_tnl::aor. Standard, to
DAL. I; `SL,I'lll,n'lIe'r 1"'.lnOlf yUaltTV-
•�:I:Y:I)iahl C 111 r'I.'�'�dl: ' i':11IL'll" �cIC_III:•, I Ilt i'r11�1'_! `niti rel�UlrelTlent
t�retreatment.
detention ponds, and
I.1C-l:n:.ntaI treatment
...,:I lle. �� .. _., _.. ,. ..._,.• h 1<i�, 1���, if�1r. 1.�enanment
I IC I 11;.11:1 1-1:: ,;�,itFun the approved
ilsenTrents for Nofiltranon
�.,L1:1 u.n' .> �i, '•�.il t �;: a ?^tahle 'I� meet this
�•.1,.,,rerr�l r
,ltir. Ilzt.l mii enl. within anN
r�hr 1.c, ._ � . II ❑,;. -,11'i r.o sr,all the,, encroach
hutrjcr floor, ttw south
Staff Report
Meridian West
OSU-96-2
e. The owner/subdivider shall grade for streets. utilities and for house
pads for all lots. Grading and Temporary Erosion/Sedimentation
Control Plans shall meet the requirements of the CitN of Kent
Construction Standards.
132nd Avenue Southeast is currently operating at level-of-service "F"
with segment traffic volumes near the intersection of Southeast 256th
Street where the roadway is only two lanes, exceeding 15.000
vehicles per day. South of the subdivision,near the intersection of SR
516,the daily traffic volumes along the three-lane section of roadway
exceed 20,000 vehicles per day.
f. The owner/subdivider shall construct a half-street widening/
improvement of 132nd Avenue Southeast across the entire frontage.
This widened street shall include an additional 14-foot wide strip,
dedicated to the City of Kent, across the entire property frontage,
for the widening and improvement of the west half of
132nd Avenue Southeast to City Standards for a Minor Arterial
roadway, augmented with bicycle lanes.
i. The paved half-street ( one half of a Minor Arterial roadway
plus a bicycle lane ) roadway width shall be a minimum of
29-feet as measured from the right-of-way centerline to the
face of curb or future roadway centerline as determined by
the City, based on survey required in prior conditions, and
shall include transitions to match the current pavement
widths adjacent to the subdivision as well as street lighting;
a 10-foot wide concrete sidewalk/bikeway along the
westerly side of 132nd Avenue Southeast; drainage
facilities; street channelization; utilities and appurtenances.
ii. In order to provide adequate safe access into the plat street,
mitigate the increased number of northbound left-turns
created by the subdivision of property, and the conflicts that
these trips will create with the existing traffic volumes and
high travel speeds on 132nd Avenue Southeast, these
improvements shall also include sufficient pavement to
provide a 12-foot wide northbound left-turn lane into the
subdivision as well as a 12-foot wide northbound through
14
Staff Report
Meridian West
#SU-96-2
lane on the easterly side of the roadway centerline across the
entire frontage of the subdivision; and necessary pavement
transitions to the existing portion of 132nd Avenue
Southeast to the north and south of the project. The
minimum storage and deceleration length for this turn lane
shall be 102 feet, not inclusive of a bay taper nor a
pavement transition designed to a 35 MPH design speed.
iii. In addition, the subdivider shall install "No Parkin!" signs
across the entire subdivision frontage on 132nd Avenue
Southeast.
iv. The construction of this lane shall include the
relocation/reconstruction of the adjoining drainage systems.
above-ground utilities, and street lighting systems along the
southerly shoulder of 132nd Avenue Southeast. as well as the
installation of appropriate street channelization.
These improvements shall also include the relocation of any/
all drainage catch basins, utilities, and appurtenances. The
edge of the existing pavement shall be saw-cut at least one (
l )foot ( more. at the sole discretion of the Director of Public
Works, based upon the condition of the existing roadway
pavement ) inside the face of the gutter. After the sawcut.
and removal of the pavement, a minimum four( 4 )-foot wide
section of the remaining pavement, adjoining the cut shall be
ground-down at least 1.5 inches. At the discretion of the
Director of Public Works, and depending upon the condition
of the existing roadway paving ( e.g. wheel-track rutting,
substandard crown, pavement/sub-base distress as
demonstrated by alligatoring or longitudinal cracking ) the
developer may be required to remove and replace/overlay
additional sections of the paving to provide a improved
roadway fronting the project.
After placement of the new structural section, the joint
between the new pavement and saw-cut line shall be sealed.
Finally, these owner/subdivider shall be responsible for a
minimum 1.5 inch deep ( after the pre-level course ) asphaltic
concrete overlay of the entire length of the roadway pavement
15
Staff Report
Meridian West
n SL'-96-2
through the widened area, as necessary. to provide a 29/'0
crown across the pavement; and, as necessary to meet Cite
Standards for roadway pavement section for a Minor Arterial
roadway.
Finally, the improvements shall include a relocation of the
any existing street lighting.
g. Construct the plat street ( 130th Avenue SE/SE 264th Street ) to Citv
Standards for a Residential Street.
i. The paved roadway width shall be a minimum of 32-feet as
measured from face of curb to face of curb, based on survey
required in prior conditions, and shall include an off-site
transition to match the current pavement widths along 130th
Avenue Southeast to the north of the subdivision as well as
street lighting; five [ 5 ]-foot wide concrete sidewalks along
the both sides of the plat street; drainage facilities: street
channelization; utilities and appurtenances.
ii. In conjunction with these improvements, and to not require
pedestrians to cross 130th Avenue Southeast at a mid-block
location, the owner subdivider shall extend the five-foot
wide sidewalk along 130th Avenue Southeast, northerly to
the intersection of Southeast 263rd Place.
The radius of the reverse horizontal curve located near the
mid-point of the subdivision does not meet the City
Standards for a Residential Street. In order to maintain
acceptable sight distance standards through this area, the
owner/subdivider shall install "No Parking Any Time" signs
across the entire frontage of Lot 18, and across the westerly
and southwesterly frontage of Lot 7.
iv. The curb returns at the intersection of the Southeast 264th
Street and 132nd Avenue Southeast shall be designed and
built per the City's "South 212th Street" -style design.
7. The owner/subdivider shall dedicate all necessary public right-of-way for the
improvements listed in Section A & B and provide all public and private
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Staff Report
Meridian West
4SU-96-2
easements necessary for the construction. operation and maintenance of the
required improvements identified in Section A R B. above.
a. Unless otherwise provided for in a previous deed. the owner
subdivider shall quit-claim deed and/or dedicate sufficient
right-of--way, across the entire property frontage, for the construction
of 132nd Avenue Southeast to City Standards for a Minor Arterial
Street, augmented with bicycle lanes street, minimum half-street
right-of-way width of 44 feet. This deed of right-of-way shall be
provided based upon the survey required, and performed b,, a
licensed land surveyor of the subject property. 132nd Avenue
Southeast,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 33-foot radius
curb returns tangent to the future curb lines on 132nd Avenue
Southeast [ at 29 feet west of right-of-way centerline ] and the plat
street.
b. The owner/subdivider shall dedicate sufficient right-of-way to
construct the plat street to City Standards for a Residential street,
minimum right-of-way 49 feet, and 35-foot radius curb returns at the
intersection of the plat street at 02nd Avenue Southeast.
C. The owner/subdivider shall grant two 26-foot wide access tracts, each
designed to City Standards for a Private Access Tract Roadway, as
shown upon the tentative map. In order to consolidate the access
along the plat street. permit the required use of barrier curb and
gutter, and maintain acceptable safety levels at the reversing
horizontal curve in the plat street, the access tract serving Lots 9 and
10 shall be revised to provide access to Lot 8, as well. Abutters'
access rights to Lot 18 shall be waived to restrict access to the
northerly frontage thereof, ONLY,along the plat street. Access to Lot
7 shall be limited to the frontage along SE 264th Street, and abutter's
access rights waived across all remaining frontage,thereof. Similarly,
access to Lots 8, 9, and 10 shall be provided for by means of a
Private Access Tract Roadway, and abutter's access rights waived
across the remaining frontage onto the plat street.
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Meridian West
#SU-96-2
d. The owner/subdivider shall waive abutter's access rights across the
entire subdivision frontage on 132nd Avenue Southeast.
e. Comply with the requirements of Water District #111 regarding
construction and extention of water lines.
f. The developer shall pay a fee-in-lieu of parks and open space
according to the requirements of Subdivision Code Section
12.04.490 prior to recording of the subdivision.
C. PRIOR TO THE ISS ANCE OF ANY DEVELOPMENT PERMITS ON ANY
LOT TAT THE *�'IZii�IAN WEST' SUBDIVISION r cU 96-02 1 THE OWNER/
SUBDIVIDER SHALL:
1. Construct the improvements noted in Sections A and B. above.
2. As-built Drainage Plans for the entire site shall be prepared by a
professional land surveyor and submitted to the City for review and
approval.
3. Submit a detailed tree plan to the Planning and Public Works Department
for concurrent review and approval.
KENT PLANNING DEPARTMENT
March 10, 1997
U:\CHRIS\SU962.RPT
18
CITY OF
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
Heanne Examiner
FINDINGS, CONCLUSIONS AND RECOMMENDATION
FILE NO: MERIDIAN WEST #SU-96-2
APPLICANT: Wally and Anne Mseitif
REQUEST: A request to subdivide 4.86 acres into 25 single family lots.
LOCATION: The property is located adjacent to 132nd Avenue SE, between 263rd and
266th Streets.
APPLICATION FILED: July 30, 1996
DETERMINATION OF
NONSIGNIFICANCE ISSUED: September 1'), 1996
MEETING DATE: March 19, 1997
RECOMMENDATION ISSUED: April 2, 1997
RECOMMENDATION: APPROVAL WITH CONDITIONS
STAFF REPRESENTATIVE: Fred N. Satterstrom, Planning Department
Linda Phillips, Planning Department
Gary Gill, Public Works Department
Frank Spanjer. Public Works Department
PUBLIC TESTIMONY: Jeff Mann, Apex, for applicant
Other
Tony Fuoco
Bob Mandich
George Webb
WRITTEN TESTIMONY: None
1
220 41h AVE.SO. !KENT W ASHINGTON 98032-5895/TELEPHONE (2061859-3300/FAX x 859-3334
Hearing Examiner Findings and Recommendation
Meridian West
4SU-96-2
EXHIBITS: 1. Hearing Examiner file containing, application, public
notice and staff report.
2. Letter to Hearing Examiner, dated March 10, 1997.
from homeowners at Stillwater Greens.
3. Final Mitigation Report, dated October 29. 1996,
prepared by Bredberg and Associates.
4.1-7: Photographs of site.
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 March 19, 1997, in the City of Kent Council Chambers. All present
were given an opportunity to testify and present evidence. The record is now closed and the
Hearings Examiner is required to issue Findings and Conclusions within 10 days of the close of the
record based on information provided to him.
FINDINGS
1. The owner of the property proposed for subdivision is Wally and Anne Mseitif of Kent.
Washington. Exhibit 1, Application. The applicant was represented at the public hearing by
Mr. Jeff Mann of Apex Engineering.
?. The property proposed for subdivision is located adjacent to 132nd Avenue SE, between
263rd Street and 266th Street. Exhibit 1, Staff Report.
3. The property is 4.86 acres. The applicant proposes twenty-five single family lots with the
smallest lot of 4000 square feet. The applicant submitted a site plan dated July 26, 1996, that
shows all lots in conformance with minimum lot size requirements. The proposed
subdivision would result in 24 buildable lots. An existing dwelling would remain on one of
the lots. Exhibit 1, Site Plan.
4. The property is zoned SR-8 with a 4,000 square foot minimum lot size. The Comprehensive
Plan Land Use Map designates the property as SF, Single Family Residential with eight
dwelling units per acre. Exhibit 1, Staff Report.
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Hearing Examiner Findings and Recommendation
Meridian West
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5. Land use all around the property proposed for subdivision is single family residential. Site
View; Exhibit 1, Staff Report.
6. There are several significant trees on the property. A tree plan identifying all trees with a
caliper of six inches or greater is required prior to issuance of development permits. Exhibit
1, Staff Report.
7. A wetland area is located on the south portion of the site. A Wetland Delineation Report was
received by the Planning Department and approved for the site. A Wetland Mitigation Plan
was also received by the Planning Department and approved. Exhibit 1, Staff Report,, Exhibit
43 A Final,Llitigation Report.
8. There has been substantial concern in the community that the density of the proposed
subdivision is too high. In particular the traffic impacts of the new development and the
increased demand at the schools (which are already at capacity) are of concern. Additional
concerns include: the new development may cause flooding due to stormwater runoff;
wildlife in the area may be adversely impacted; and 130th and SE 263rd Place, which is
currently a play area for children, may be adversely affected by the development. A citizen
representing the Stillwater Greens Homeowners read a letter outlining these concerns which
was signed by 36 individuals. Exhibit 2; Testimony of Mr. Fuoco. The City Engineer
responded that a mitigation fee is imposed to address the increase demand on the schools.
The City Engineer stated that SE 263rd Place was supposed to be a through street when the
Stillwater plat was approved, and that it cannot remain a dead-end street and play area. He
also noted that, as part of the conditions of the project, 132nd street would be improved by
the developer to the full extent possible -- any further improvements would need to be
performed by the city as part of the capital improvement plan. Testimony of Mr. Gill, City
Engineer. The City Planner also noted that the project was consistent with Comprehensive
Plan goals and that no threatened or endangered species are known to exist in the area.
Testimony of Ms. Phillips, Planner.
9. A significant concern associated with this project is the potential increase in stormwater
overflow. A neighbor who owns property to the west noted that stormwater overflow goes
into his property. The pond located on this neighbors property at the edge of the proposed
subdivision is full December through April and currently overflows occasionally. His
concern is that the pond will overflow even more often after the development is constructed.
He was also concerned with regard to sewage and was curious about how that was to be dealt
with. Another neighbor also had concerns about stormwater drainage. His concern was that
the runoff might contaminate of his Class B well. Testimony of Mr. Bob Mandich;
Testimony of Mr. George Webb; Exhibit 4.1-4.7
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Hearing Examiner Findings and Recommendation
Meridian West
4SU-96-2
10. The City Engineer noted that they were aware of the problem of flooding caused by
stormwater overflow, and he stated that a 70 %release rate was set to reduce the rate of flow
from existing conditions. This will be accomplished by controlling the flow rate allowed at
the gate of the detention pond. The stormwater plan must protect both Mr. Webb's well from
contamination and Mr. Mandich's pond from increased rates of overflow. TestimonY of
Mr. Gill, City Engineer.
11. Access from the site to 132nd Avenue SE and to SE 263rd would be provided by a public
street which would be 130th Avenue SE at the west property line and SE 264th Street
running east west through the property. Vehicle access to the property does not present
constraints to the proposal. Exhibit 1, Staff Report.
12. A water system and sanitary sewer system from Water District#111 can be extended to each
lot. Exhibit 1, Staff Report.
13. The environmental review for this application resulted in a conclusion by the City's
Responsible Official that the project has no probable significant adverse impacts on the
environment that cannot be mitigated. A final Mitigated Determination of Nonsignificance
(MDNS)was issued for the proposed subdivision on September 29th, 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, mitigation of impacts to wetland areas and dedication of land for utilities and
streets. Exhibit 1, MDNS.
14. Public notice of this application was given by posting, publication and mailing. Exhibit 1,
Affidavit of Harris.
15. At the public hearing on March 19,the Planning Department recommended approval of this
application subject to specific conditions. Exhibit 1, Staff Report.
CONCLUSIONS
Jurisdiction
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.
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Hearing Examiner Findings and Recommendation
Meridian West
#SU-96-2
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. 14.
Criteria for Decision
1. The recommendation of the Hearing Examiner must be supported by the evidence presented,
as stated in the Findings of Fact of this recommendation, and must be consistent with the
standards and criteria for review specified in state statutes and city ordinances. The standards
and criteria for review of preliminary plat applications are found in Chapter 12.04 of the
Kent City Code (KCC) and Chapter 58.17 of the Revised Code of Washington (RCW).
These review criteria include:
(a) KCC 12.04.020 which provides that the purpose of the city's subdivision regulations
is to:
provide rules, regulations, requirements, and standards for
subdividing land in the City of Kent, ensuring that the highest
feasible quality in subdivision will be attained; that the public health,
safety, general welfare, and aesthetics of the City of Kent shall be
promoted and protected; that orderly growth, development, and the
conservation,protection and proper use of land shall be ensured; that
proper provisions for all public facilities (including circulation,
utilities, and services) shall be made;that maximum advantage of site
characteristics shall be taken into consideration;and that conformance
with provisions set forth in the City of Kent Zoning Code and Kent
Comprehensive Plans shall be ensured.
(b) KCC 12.04.330 which specifies eight requirements that must be shown on the
preliminary plat map including appropriate names and dates,proposed platted property lines,
contours and elevations, proposed public service areas, square footage calculations for
developed and open space, dimensions of each lot, statements of soil type and drainage
conditions, a description of existing land cover, and a description of wildlife present.
(c) KCC 12.04.370 which requires a written statement from the Seattle-King County health
department as to the general adequacy of the proposed means of sewage disposal and water
supply.
(d) KCC 12.04.430 which provides for the protection of valuable, irreplaceable
environmental amenities so that urban development may be as compatible as possible with
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Hearing Examiner Findings and Recommendation
Meridian West
4SU-96-2
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."
Conclusion Based on Findings
1. 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, 7,10,11,12, 13, 14 & 15.
RECOMMENDATION
The Hearing Examiner recommends that this preliminary plat application be APPROVED subject
to the following conditions:
A. GEtMRAL CONDITIONS OF APPROVAL:
1. The subdivider shall implement all mitigation measures required by the
Determination of Nonsignificance for SEPA checklist #ENV-96-62 for the
MERIDIAN WEST Subdivision.
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Hearing Examiner Findings and Recommendation
Meridian West
#SU-96-2
B. PRIOR TO RECORDATION OF TEE SI DI_TLVVISION:
1. The owner/subdivider shall provide a survey to be performed by a licensed land
surveyor of the subject property, 132nd Avenue Southeast, Southeast 264th Street.
Southeast 263rd Street, and adjacent affected properties, and shall clearly delineate
the existing public right-of-way, right-of-way centerlines, property lines, paving
limits, and-other public and private improvements.
The owner/subdivider shall execute an agreement to financially participate in and pay
a proportionate share in the cost of providing an off-site paved walkway between the
plat boundary and the elementary school serving the plat area. Monies therefrom
shall be deposited with the City prior to final plat approval of this subdivision.
3. A Wetland Delineation Report for this site has been received, and approved. A
Wetland Mitigation Plan shall be submitted to Kent Public Works for review and
approval prior to recording final plat.
4. The wetland boundaries shown in the approved Wetland Mitigation Report must be
surveyed and marked with permanent survey monuments. The survey shall be shown
on the face of the final plat. A licensed professional surveyor shall provide the
survey which shows the wetland boundary, the approved wetland buffers, the areas
of each, and the legal description for the Sensitive Area Tract for the Wetland.
Copies of these maps will be included in the approved Wetland Mitigation Report.
5. The entire approved, preserved and constructed wetland(s) and it's buffer(s), and the
25 foot undisturbed creek buffer shall be permanently protected as a separate
Sensitive Area Tract dedicated to the City of Kent in accordance with the Kent
Wetland Manaeement Code. The legal description for the Sensitive Area Tract for
the creek buffer shall be prepared by a licensed land surveyor. The buffer areas shall
be isolated from intrusion and/or disturbance using landscaping, signs and/or other
appropriate screens, as well as an approved wildlife-passable fence. The following
wording shall appear on the face of the final plat:
SENSITIVE AREA TRACTS
DEDICATION OF A SENSITIVE AREA TRACT CONVEYS TO THE PUBLIC
A BENEFICIAL INTEREST IN THE LAND WITHIN THE TRACT. THIS
INTEREST INCLUDES THE PRESERVATION OF NATIVE VEGETATION FOR
ALL PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND
WELFARE, INCLUDING CONTROL OF SURFACE WATER AND EROSION,
MAINTENANCE OF SLOPE STABILITY,VISUAL AND AURAL BUFFERING,
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Hearing Examiner Findings and Recommendation
Meridian West
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AND PROTECTION OF WATER QUALITY, PLANT ECOLOGY AND
WILDLIFE HABITAT. THE SENSITIVE AREA TRACT IMPOSES UPON ALL
PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE LAND
SUBJECT TO THE TRACT THE OBLIGATION,ENFORCEABLE ON BEHALF
OF THE PUBLIC BY THE CITY OF KENT, TO LEAVE UNDISTURBED ALL
TREES AND OTHER VEGETATION WITHIN THE TRACT. THE
VEGETATION WITHIN THE TRACT MAY NOT BE CUT, PRUNED.
COVERED BY FILL, REMOVED OR DAMAGED WITHOUT APPROVAL IN
WRITING FROM THE CITY OF KENT.
THE COMMON BOUNDARY BETWEEN THE TRACT AND THE AREA OF
DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE FLAGGED
TO THE SATISFACTION OF THE CITY OF KENT PRIOR TO ANY
CLEARING, GRADING, BUILDING CONSTRUCTION OR OTHER
DEVELOPMENT ACTIVITY. THE REQUIRED MARKING OR FLAGGING
SHALL REMAIN IN PLACE UNTIL ALL DEVELOPMENT ACTIVITIES IN
THE VICINITY OF THE SENSITIVE AREA TRACT ARE COMPLETED.
NO BUILDING FOUNDATIONS, STRUCTURES, FILL OR OBSTRUCTIONS
(INCLUDING, BUT NOT LIMITED TO DECKS, PATIOS, OUTBUILDINGS
AND OVERHANGS)ARE ALLOWED WITHIN 15 FEET OF THE SENSITIVE
AREA TRACT BOUNDARY, UNLESS OTHERWISE APPROVED BY THE
CITY.
6. 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, which shall be provided by
the City of Kent. The sewer system shall be extended from off-site, and shall
be sized to serve all off-site properties within the same service area. It
appears that the sanitary sewer service within the Stillwater Greens plat, to
the north, is too shallow to serve the subject property without extensive
grading and filling. If this is the case, then sewers will have to be extended
from the system located upon the west side of 132nd Avenue Southeast,
approximately 1000 feet to the south of the subject property, or from the
system located along 128th Avenue Southeast--requiring easements through
abutting properties to the south and west. This route could be severely
constrained by wetlands and a stream corridor. The owner/ subdivider's
Engineer shall prepare a design engineering report for review and approval
by the City to determine the appropriate design alternative to serve the
subject property and the surrounding area.
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Hearing Examiner Findings and Recommendation
Meridian West
#SU-96-2
The existing residence on the property shall be connected to the public sewer
system prior to the issuance of any permits upon the plat. The existing septic
system shall be 'as-built', and shown upon the approved engineering plans as
"to be abandoned". The system shall be abandoned in accordance with King
County Health Department rules and regulations.
b. A water system meeting domestic and fire flow requirements for all lots.
Water service to the subject property will be provided by Water District
Number 111. Contact the district for details on necessary improvements.
C. A storm drainage system meeting the applicable standards for conveyance,
detention, and water quality treatment. The minimum detention volume and
release standards to be met for this project shall be that for the Soos Creek
Drainage Basin, or the City of Kent Hill standards, whichever is more
restrictive. The detention/retention facility shall be an open pond with no
side slope being steeper than 2 Horizontal :1 Vertical. The number of lots
and/or lot configuration may be required in order to provide the
retention/detention facility in a way that does not impact the adjacent wetland
and wetland buffer.
i Unless the owner/subdivider submits a drainage plan significantly
different than what was submitted with the application for this
subdivision,the owner/subdivider may be required to make extensive
off-site improvements. In addition, the owner/subdivider will also
have to obtain public stormwater easements for the entire conveyance
system outside of existing City right-of-way or drainage easements.
ii. The final Drainage Plan will clearly identify the existing and future
capacity of each link in the drainage system for the required
downstream analysis. The downstream analysis for this development
will include an analysis for capacity, erosion potential, and water
quality from the points of discharge from the subdivision site
downstream a distance of at least one-quarter mile, or to the point
where stormwater discharges through the maintained City of Kent
Meridian Meadows Detention Pond facility, whichever is further.
The owner/subdivider shall identify all reaches which do not have the
capacity for the peak flow from the 100-year, 24-hour design storm.
In addition, should existing downstream capacity be insufficient to
convey the 25-year, 24-hour peak flow rate, the owner/subdivider
shall either provide necessary off-site improvements (and wider
easements where necessary), OR further detain/retain stormwater and
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Hearing Examiner Findings and Recommendation
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#SU-96-2
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. The downstream
analysis shall clearly identify any problems/impacts upon the existing
detention facilities at Springbrook detention/wetland facilities and
may require level-pool routing to identify those impacts.
iii. Final Stormwater Drainage Plans for the plat will clearly show the
proposed conveyance route from the subdivision to the City of Kent
maintained Stormwater drainage system, and the appropriate public
easements that will be provided to use this route. Legal descriptions
for all easements shall be prepared by a licensed land surveyor.
iv. A 25 foot wide undisturbed creek buffer is required from the line of
ordinary high water for the unnamed tributary which discharges from
the largest on-site wetland. Stormwater management facilities shall
not be permitted within this buffer.
V. Roof downspouts for each house and garage shall be directed to
infiltration trenches meeting the requirements of the Stormwater
Management Manual for the Puget Sound Basin. The following
requirement shall be stated on the face of the final plat:
RESIDENCES CONSTRUCTED ON LOTS CREATED BY THIS
SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT
INFILTRATION TRENCH SYSTEMS PER DETAILS SHOWN ON
THE APPROVED STORMWATER PLANS AS A CONDITION OF
BUILDING PERMIT ISSUANCE.
vi. The stormwater plan shall make provisions to ensure continued
wetland hydrology.
vii. The owner/subdivider shall submit a Landscape Plan for within and
surrounding the retention/detention facility to the Kent Planning
Department and the Department of Public Works for concurrent
review and approval prior to approval of the Detailed Drainage Plans.
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Hearing Examiner Findings and Recommendation
Meridian West
#SU-96-2
viii. Surface water runoff along the edges of the plat shall be intercepted
and conveyed into the public storm drainage system to avoid adverse
off-site impacts.
ix. The final Stormwater Drainage Plan must include measures to protect
the Webb well from contamination by stormwater overflow and
measures to ensure that the Mandich poind does not overflow more
than presently is the case. The release rate from the property must be
lower than presently exists.
d. The owner/subdivider shall construct 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 constructed wetlands. Alternatives and experimental
treatment facilities will be evaluated on a case-by-case basis by the
Department of Public Works.
i. The stormwater treatment system shall be within the approved
retention/detention facility tract. Easements for biofiltration swales
across private lots will not be acceptable to meet this requirement.
ii. Stormwater treatment facilities shall not encroach within any
approved 25 foot wetland buffers, nor shall they encroach within the
25 foot undisturbed creek buffer along the south margin of the
proposed detention tract.
e. The owner/subdivider shall grade for streets, utilities and for house pads for
all lots. Grading and Temporary Erosion/Sedimentation Control Plans shall
meet the requirements of the City of Kent Construction Standards.
132nd Avenue Southeast is currently operating at level-of-service "F" with
segment traffic volumes near the intersection of Southeast 256th Street where
the roadway is only two lanes, exceeding 15,000 vehicles per day. South of
the subdivision, near the intersection of SR 516, the daily traffic volumes
along the three-lane section of roadway exceed 20,000 vehicles per day.
f. The owner/subdivider shall construct a half-street widening/ improvement
of 132nd Avenue Southeast across the entire frontage. This widened street
shall include an additional 14-foot wide strip, dedicated to the City of Kent,
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Hearing Examiner Findings and Recommendation
Meridian West
#SU-96-2
across the entire property frontage, for the widening and improvement of
the west half of 132nd Avenue Southeast to City Standards for a Minor
Arterial roadway, augmented with bicycle lanes.
i. The paved half-street ( one half of a Minor Arterial roadway plus
a bicycle lane ) roadway width shall be a minimum of 29-feet as
measured from the right-of-way centerline to the face of curb or
future roadway centerline as determined by the City, based on
survey required in prior conditions, and shall include transitions to
match the current pavement widths adjacent to the subdivision as
well as street lighting; a 10-foot wide concrete sidewalk/bikeway
along the westerly side of 132nd Avenue Southeast; drainage
facilities; street channelizatiom utilities and appurtenances.
ii. In order to provide adequate safe access into the plat street, mitigate
the increased number of northbound left-turns created by the
subdivision of property, and the conflicts that these trips will create
with the existing traffic volumes and high travel speeds on 132nd
Avenue Southeast, these improvements shall also include sufficient
pavement to provide a 12-foot wide northbound left-turn lane into
the subdivision as well as a 12-foot wide northbound through lane
on the easterly side of the roadway centerline across the entire
frontage of the subdivision; and necessary pavement transitions to
the existing portion of 132nd Avenue Southeast to the north and
south of the project. The minimum storage and deceleration length
for this turn lane shall be 102 feet, not inclusive of a bay taper nor
a pavement transition designed to a 35 MPH design speed.
iii. In addition, the subdivider shall install "No Parking" signs across
the entire subdivision frontage on 132nd Avenue Southeast.
iv. The construction of this lane shall include the
relocation/reconstruction of the adjoining drainage systems, above-
ground utilities, and street lighting systems along the southerly
shoulder of 132nd Avenue Southeast, as well as the installation of
appropriate street channelization.
These improvements shall also include the relocation of any/ all
drainage catch basins, utilities, and appurtenances. The edge of the
existing pavement shall be saw-cut at least one ( I ) foot ( more, at
the sole discretion of the Director of Public Works, based upon the
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Hearing Examiner Findings and Recommendation
Meridian West
9Sti-96-2
condition of the existing roadway pavement ) inside the face of the
gutter. After the sawcut, and removal of the pavement, a minimum
four(4 )-foot wide section of the remaining pavement, adjoining the
cut shall be ground-down at least 1.5 inches. At the discretion of the
Director of Public Works, and depending upon the condition of the
existing roadway paving ( e.g. wheel-track rutting, substandard
crown,pavement/sub-base distress as demonstrated by alligatonng or
longitudinal cracking )the developer may be required to remove and
replace/overlay additional sections of the paving to provide a
improved roadway fronting the project.
After placement of the new structural section, the joint between the
new pavement and saw-cut line shall be sealed. Finally. these
owner/subdivider shall be responsible for a minimum 1.5 inch deep
( after the pre-level course ) asphaltic concrete overlay of the entire
length of the roadway pavement through the widened area, as
necessary, to provide a 2% crown across the pavement; and, as
necessary to meet City Standards for roadway pavement section for
a Minor Arterial roadway.
Finally, the improvements shall include a relocation of the any
existing street lighting.
g. Construct the plat street ( 130th Avenue SE/SE 264th Street ) to City
Standards for a Residential Street.
i. The paved roadway width shall be a minimum of 32-feet as measured
from face of curb to face of curb, based on survey required in prior
conditions,and shall include an off-site transition to match the current
pavement widths along 130th Avenue Southeast to the north of the
subdivision as well as street lighting; five [ 5 ]-foot wide concrete
sidewalks along the both sides of the plat street; drainage facilities;
street channelization; utilities and appurtenances.
ii. In conjunction with these improvements, and to not require
pedestrians to cross 130th Avenue Southeast at a mid-block
location, the owner subdivider shall extend the five-foot wide
sidewalk along 130th Avenue Southeast, northerly to the
intersection of Southeast 263rd Place.
13
Hearing Examiner Findings and Recommendation
Meridian West
#SU-96-2
iii. The radius of the reverse horizontal curve located near the mid-
point of the subdivision does not meet the City Standards for a
Residential Street. In order to maintain acceptable sight distance
standards through this area, the owner/subdivider shall install "No
Parking Any Time signs across the entire frontage of Lot 18, and
across the westerly and southwesterly frontage of Lot 7.
iv. The curb returns at the intersection of the Southeast 264th Street and
I32nd Avenue Southeast shall be designed and built per the City's
"South 212th Street" -style design.
7. The owner/subdivider shall dedicate all necessary public right-of-way for the
improvements listed in Section A&B and provide all public and private easements
necessary for the construction, operation and maintenance of the required
improvements identified in Section A & B, above.
a. Unless otherwise provided for in a previous deed,the owner subdivider shall
quit-claim deed and/or dedicate sufficient right-of-way, across the entire
property frontage, for the construction of 132nd Avenue Southeast to City
Standards for a Minor Arterial Street, augmented with bicycle lanes street,
minimum half-street right-of-way width of 44 feet. This deed of right-of-way
shall be provided based upon the survey required, and performed by a
licensed land surveyor of the subject property, 132nd Avenue Southeast, 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 future curb
lines on 132nd Avenue Southeast (at 29 feet west of right-of-way centerline)
and the plat street.
b. The owner/subdivider shall dedicate sufficient right-of-way to construct the
plat street to City Standards for a Residential street, minimum right-of-way
49 feet, and 35-foot radius curb returns at the intersection of the plat street at
132nd Avenue Southeast.
C. The owner/subdivider shall grant two 26-foot wide access tracts, each
designed to City Standards for a Private Access Tract Roadway, as shown
upon the tentative map. In order to consolidate the access along the plat
street, permit the required use of barrier curb and gutter, and maintain
acceptable safety levels at the reversing horizontal curve in the plat street,
the access tract serving Lots 9 and 10 shall be revised to provide access to
14
Hearing Examiner Findings and Recommendation
Meridian West
#SU-96-?
Lot 8, as well. Abutters' access rights to Lot 18 shall be waived to restrict
access to the northerly frontage thereof, ONLY, along the plat street. Access
to Lot 7 shall be limited to the frontage along SE 264th Street. and abutter's
access rights waived across all remaining frontage,thereof. Similarly, access
to Lots 8,9, and 10 shall be provided for by means of a Private Access Tract
Roadway, and abutter's access rights waived across the remaining frontage
onto the plat street.
d. The owner/subdivider shall waive abutter's access rights across the entire
subdivision frontage on 132nd Avenue Southeast.
e. Comply with the requirements of Water District#111 regarding construction
and extention of water lines.
f. The developer shall pay a fee-in-lieu of parks and open space according to the
requirements of Subdivision Code Section 12.04.490 prior to recording of the
subdivision.
C. PRIOR TO THE ISSUANCE OF ANY D VELOPMENT PFFS✓IITS N ANY LOTS
THE t aMIAN WEST' SUBDIVISION ( SU 96-02 1 THE OWNER/ SUBDIVIDER
SHALL:
1. Construct the improvements noted in Sections A and B, above.
I "As-built" Drainage Plans for the entire site shall be prepared by a professional
land surveyor and submitted to the City for review and approval.
3. Submit a detailed tree plan to the Planning and Public Works Department for
concurrent review and approval.
Dated this 2nd day of April, 1997.
TI�ODORE PAUL HUNTER
Hearing Examiner
15
Hearing Examiner Findings and Recommendation
Meridian West
#SU-96-2
APPEALS FROM HEARING FX°MDTER RECOMMENDATION
ORDINANCE 3320 (excerpt): The action of the city council, approving, modifying. or rejecting
a recommendation or decision of the hearing examiner, shall be final and conclusive. unless within
twenty-one (21) calendar days of the city council action. an appeal is filed with the Superior Court.
16
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NUMBER: #SU-96-2 DATE: March 19, 1997
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Kent City Council Meeting
Date January 20. 1998
Category Bids
1. SUBJECT: INTERURBAN TRAIL SIGNALS
2. SUMMARY STATEMENT: The bid opening for this project was
held on December 30, 1997 , with four bids received. The low
bid was submitted by Signal Electric, Inc. in the amount of
$93 , 017 . The Engineer's estimate was $110,900. It is the
recommendation of the Public Works Director that the Interurban
Trail Signals contract be awarded to Signal Electric, Inc. for
the bid amount of $93 , 017 .
3 . EXHIBITS: Bid summary memorandum
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 move, Councilmember secondej
that the Interurban Trail Signals contract be awarded to Signal
Electric, Inc. for the bid amount of $93 , 017 .
DISCUSSION: � n
ACTION:_
Council Agenda
Item No. 5A
DEPARTMENT OF PUBLIC WORKS
January 20, 1998
TO: Mayor &City Council
FROM: Don Wickstromtu
RE: Interurban Trail Signals
Bid opening for this project was held on December 30, 1997 with 4 bids received.
The low bid was submitted by Signal Electric, Inc. in the amount of $93,017.00. The
Engineer's estimate was $110,900.00.
It is the recommendation of the Public Works Director that the Interurban Trail
Signals contract be awarded to Signal Electric, Inc. for the bid amount of $93,017.00.
BID SUMMARY
Signal Electric, Inc. 93,017.00
Transtech Electronic, Inc. 97,610.00
Totem Electric of Tacoma 112,990.00
Colvico, Inc. 115,744.00
Engineer's Estimate 110,900.00
MOTION:
Councilmember moves, Councilmember seconds that the
Interurban Trail Signals contract be awarded to Signal Electric, Inc. for the bid
amount of $93,017.00.
CONTINUED COMMUNICATIONS
A.
R E P O R T S
A. COUNCIL PRESIDENT
B. OPERATIONS COMMITTEE
C.� PUBLIC WORKS COMMITTEE -
D. PLANNING COMMITTEE
E. PUBLIC SAFETY COMMITTEE
F. PARKS COMMITTEE
G• ADMINISTRATIVE REPORTS
EBEUCITIVE SESSION - LABOR NEGOTIATIONS
PUBLIC WORKS COMMITTEE
January 7, 1998
PRESENT: Tim Clark Don Wickstrom
Connie Epperly Tom Brubaker
ABSENT: Judy Woods
1997 Asphalt Overlats - Acceptance
Wickstrom explained that this is before the Committee because the project is 22% over
the original contract amount, mainly because we added shoulder work to allow for
pedestrian walkways along 94th and 92nd Avenues.
Committee unanimously recommended that the 1997 Asphalt Overlay project be
accepted as complete.
Recycling Coordinator/Education - Dept of EcoloQv Grant Agreement
Wickstrom stated that we have received a grant to help fund our Conservation and
Recycling Program. The grant is for $83,305 and our local share is $55,537 which
comes out of our staff time already budgeted. These programs are administered by the
Public Works Department's Conservation Specialist.
Committee unanimously recommended authorization for the Mayor to sign the
Agreement and direct staff to accept the grant for the total amount of $83,305 and to
establish a budget for same.
Proposed I D - Big 'K Sanitary Sewers
Wickstrom stated that this LID is a retrofit of an area east of 124th Ave SE at
approximately SE 270th St. He said this is an existing residential development within
the City, annexed in the Meridian Annexation. This area has had a chronic history of
failing septic systems and therefore the property owners in the area have petitioned for
the installation of sanitary sewers. Wickstrom said there are some large properties as
well as small single family lots. To help ease the formation of the LID for those larger
properties he said we are proposing to contribute to the construction and then charge
1
them for one single family residential assessment and when they re-subdivide or re-
develop to a higher density, they have will have to pay a latecomer charge for that
additional frontage. Wickstrom said we are recommending that Council proceed with
the formation of this LID.
Committee unanimously recommended adoption of a Resolution setting a public hearing
date on the formation of the L.I.D. for the 55 properties within the Big "K" Addition.
Mill Creek Relief Sewer Alternate Release System Agreement
Wickstrom stated that we have had overflow problems we had on the Mill Creek system
being at capacity; actually the downstream problems up in the hill have been pushed
down into the valley floor into the Metro system. Originally, the solution was a cross-
valley intertie on S.228th which tied into what Metro built as the Auburn Interceptor
but it was built in such a manner that it wouldn't function. An alternate solution to that
is to run a Metro trunk up the alignment of our S. 277th Corridor to intercept Soos
Creek Water &Sewer District's system and our Del Webb Pump Station, which were
not designed to go to the original Mill Creek Interceptor. They were only temporarily
designed for that function until the system reached capacity, which it has done.
Wickstrom explained that this is an agreement where, because of our road project, we
would be the lead agency and we would need to get the sewer built before we build the
road. Our share, which is to be split between Soos Creek Sewer &_Water District in
Kent is One Million Dollars which is essentially the cost of that intertie on S. 228th that
we were obligated to build in a 1969 agreement with Metro. He stated that Metro will
pay the balance. We still need to negotiate with Soos Creek Sewer SZ Water District for
their share of that cost. He stated that this agreement allows us to be lead agency and
get the project moving.
In response to Clark, Wickstrom said that Soos Creek needs this capacity and this would
be an adequate incentive for them to work out a negotiated settlement.
Committee unanimously recommended authorization for the Mayor to sign the
agreement subject to any changes that may be incorporated in the finalized agreement
upon concurrence therewith by the Public Works Director.
Tacoma Intertie Water Supply Project Agreement
Wickstrom stated that we had an agreement with Tacoma in 1985 to build this Second
Supply Pipeline. We have worked out a Memo of Understanding which really isn't
binding on either parties; it merely touches the premise on what will be included in the
final contract document. Wickstrom explained that we have worked hard during this
past year on getting the Memo of Understanding put together. He stated that in this
Memo of Understanding the issues are, first of all if Tacoma's project proceeds on
2
schedule, the earliest implementation would be the year 2004. Somewhere between
2000 and 2004 we will have a water supply. In the agreement, it also gives us an
opportunity to extend parts of the supply line, depending on the status of the Tacoma
project. It could be downsized to meet our needs if this project suddenly disappears and
no one was interested except Kent or Covington; it gives us an opportunity to tie into
the Tacoma system and take advantage of the water rights and permits that they have.
Under this Memo of Understanding, they would provide temporary water until the year
2011 and before that time, we could extend the system to the headworks and essentially
take water under the water rights. Wickstrom further explained that what's holding up
the project is the status of the Howard Hanson Dam Additional Storage project - it is
anticipated to be a federally funded project and the Feds have to build it. Right now the
EIS is out and they are proposing to go back to Congress to get allocated for funding.
It would then be a four year process to get implemented; we would have a share of that
project and Tacoma would proceed with the balance. If this doesn't get implemented,
in the Agreement there is an option that we can extend the pipe along the south, take
advantage of the permits that have been approved and the agreements that have been
executed and tie into the Tacoma system and get interim water and ultimately tie in and
get our share of the water.
Wickstrom explained that we have nothing to loose because Tacoma is the only project
that is permit-ready other than the Corps, which is an add-on element. The Corps is
critical in terms of keeping Tacoma's and Seattle's interest in the project. Without the
storage behind the Dam, we just get run of the river water which means you only get
winter water and we really need the summer water. He stated that there aren't any other
projects on the horizon that will be able to supply us with water in the near term which
is 2004.
Committee unanimously recommended that Council authorize the Mayor to sign the
Second Supply Pipeline and Associated Components including the Howard Hanson
Storage Conceptual Agreement.
ADDED ITEMS:
Meridian Firs Landslide - Status
Wickstrom stated that there are a conglomerate of systems of ownerships. Not just a
system built under a plat, which the County owned and maintained; an outlet thru a
private system which is the condominiums and into their facilities, an outlet down to
Soos Creek We have investigated this system in terms of what is publicly owned and
what the County has maintained and the detention system that was built is operational.
We are now checking the design capacity to see if it increased to reduce the downstream
flows so it wouldn't create a problem. We have notified the Meridian Firs representative
3
of that. We have determined that there was no out of basin transfer of additional water.
The water has always flowed that way and now a development has occurred and they
didn't change the pattern of the water, they may have changed the volume. Unlike what
we do, Wickstrom said that the County allows these 'piece-meal' systems to go thru
where we would have said a public system needs to be implemented all the way thru.
After our investigation, we may be taking over a part of this and upgrading it.
In response to Clark, there was more of an erosion problem rather than a landslide
problem and the cost of maintaining that. Wickstrom emphasized that this is not a
safety issue.
S. 256th &29th Streets - Road Access
Connie Epperly asked if an emergency access gate could be installed at the apartments
on S. 256th St. Epperly stated that when the apartments were built, King Countv
stated they would block the road. There are 700 apartments going into a small
residential road. The road was blocked off; a fire occurred in the apartments and the fire
trucks could not get thru. King County removed the barriers and they have never been
replaced. Epperly stated that the neighborhood citizens worked with King County on
trying to find the original documents when the apartmen w-m built but were unable
to find any paperwork Epperly said that for fire pu' oses, Kent has the break-away
gates. Bond referred this issue to Brubaker; Brubaker stated he would need more facts
and we would also want a representative from the Fire Dept to discuss that since there
are disadvantages to those break-away gates. Also, he said this comes down to a policy
decision by Council. Brubaker's recommendation was to gather more information; get
input from the Fire Dept. Bond noted that the Fire Marshall's comment was to leave it
open. The streets in question are 5.256th &_29th. It was further recommended that
this item be taken to the Public Safety Committee.
Traffic Flow - R.T.A.
Ed White explained that the transportation staff was in the process of compiling their
information to do their own analysis for the commuter rail station. White displayed a
map for the Committee showing the 1996 traffic counts that were taken during the
month of October/November 1996. The purpose was to establish what the existing
traffic flows were and try to illustrate the current situation. White stated he has been
in contact with the consultant that does the traffic forecast modeling to come up with
a forecast of traffic in the next 5-10 years which will then enable us to look at impacts.
Clark stated that whichever station location is chosen, there will be a heavy impact on
Central Avenue. He stated there will be a concern with busses getting in and out of the
station and feels that at that point there will have to be one-way traffic. Clark asked how
many bus routes will be running at the peak hour and will the streets bear that load?
4
White stated that at this point we don't know. Metro is currently developing their 10
year plan and they could not confirm whether or not there will be more or fewer bus
routes than exist now. In response to Clarks question regarding Metro's EIS, White said
the EIS basically evaluates all of the options. It's not used to identify specific options.
Clark asked if more explicit data could be presented in writing as well as a visual, to the
next Planning Committee meeting.
Wickstrom noted that this information should be included in the environmental
document that the RTA has developed. However we are having to develop information
that they should have provided so that we could critique it. Essentially we are having to
develop the document and our critique will be that they did an inadequate job and they
cannot make a decision until they provide this information. Wickstrom suggested that
Council may have to say that as part of Council's recommendation, RTA has not
provided adequate information to do an evaluation and they need to do more before
they make a determination on the preferred site. Wickstrom stated that we will try to
get Council the information they want.
Brent McFall re-iterated what Wickstrom had stated and said that these are the
comments that we need to make on the Environmental Assessment that has just been
released by the RTA. McFall stated that his staff is now doing the analysis of that
document which was just received on Monday of this week (1/5). He noted there were
things we expected to see in the environmental document, however they are either not
in this document but may be there in a cursory manner.
Interlocal Agreement - RT A
McFall stated that RTA has requested that we enter into an inter-local agreement with
them regarding the commuter rail station project. They have provided us with a draft,
which we did not find acceptable; we re-drafted it and have negotiated this with the RTA
staff and would recommend that this is not something that is required for a project such
as this to proceed. He noted that RTA is seeking an agreement in principle with the City
that we will work cooperatively with them to expedite this project. McFall said it starts
with the premise that they have a mandate to begin providing commuter rail service no
later than December of 1999. McFall stated that this interlocal agreement simply states
some of the objectives of the RTA as well as mutual objectives between the City and
RTA. The City and the RTA will each provide a representative who is the key contact
person for each agency. Those two individuals will have the responsibility for
coordination of the RTA's activities with the City activities (staff positions). The City
is proposing to designate myself (McFall) as Director of Operations because of my
overview responsibilities of the City in working with a variety of different departments.
5
He noted that we will identify key staff people in each of the departments which might
be involved in any review of this process so that we have clear lines of authority and
responsibility to make this project happen as quickly as possible. The RTA as stated in
the agreement, is responsible for environmental review; they are the lead agency; they
will be responsible for mitigation of impacts;we intend to work together with them thru
this process. McFall also stated that we will work with them to develop a Technical
Advisory Committee which will be composed of citizens, business representatives, City
staff, to work with them on such elements as design, architecture engineering and
development and public process.
Committee unanimously recommended adoption of the Interlocal Agreement with the
RTA.
S. 272nd Corridor - Charlie Kiefer
Kiefer commented that the dust created by the construction being done on the corridor
project last summer was pretty bad. Kiefer suggested that the dust control be written
into future specifications. Wickstrom noted that this is normally written in the
contracts. He said he would look into this further.
Meeting adjourned: 4:30 p.m.
6