Loading...
HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 02/03/1998 City ofKent MeetingCityCouncil Agenda CITY OF � 4 Mayor Jim White Councilmembers Leona Orr, President Sandy Amodt Tim Clark Jim Bennett Connie Epperly Tom Brotherton Judy Woods February 3, 1998 Office of the City Clerk CiTY OF SUMMARY AGENDA KENT CITY COUNCIL MEETING February 3 , 1998 Council Chambers 7 : 00 p.m. MAYOR: Jim White COUNCILMEMBERS: Leona Orr, President Sandy Amodt Tom Brotherton Connie Epperly Jim Bennett Tim Clark Judy Woods CALL TO ORDER FLAG SALUTE ROLL CALL 1. PUBLIC COMMUNICATIONS A. Employee of the Month B. Natural Medicine Clinic Update C. Introduction of Mayor' s Appointees D. Washington Survey and Rating Bureau Report E. Legislative Update F. State of the City Address G . irR FROM OENNET"r 2 . PUBLIC HEARINGS None 3 . CONSENT CALENDAR A. Approval of Minutes B. Approval of Bills C. LID 350, Big "K" Sanitary Sewers - Resolution Setting Hearing Date D. S . 196th Street Corridor - West Leg - Condemnation Ordinance E. Drinking Driver Task Force - Appointment F. Human Services Commission - Appointment G. Mill Creek Drainage Improvement at Bowen Scarff - Acceptance H. 42nd & Reith Road Signal - Acceptance I. Allenbach IV - Set Meeting Date J. Pacific Heights - Set Meeting Date 4 . OTHER BUSINESS A. 1997 Comprehensive Plan Amendments & Zoning Map Changes - Ordinance (s) B. Personal Watercraft - Ordinance C. S . 188th Street Vacation D. Meridian West Preliminary Plat E. Benson Highlands Final Plat F. Lease Agreement with King County for Court Space - Authorization �• 6779Ak. KL PARK-N-AIDE 5 . BIDS H• l7l� 7V R774 C3oARI A. Russell Road Park Tree Removal 6 . CONTINUED COMMUNICATIONS 7 . REPORTS 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) Employee of the Month B) Natural Medicine Clinic Update C) Introduction of Mayor' s Appointees D) Washington Survey and Rating Bureau Report E) Legislative Update F) State of the City Address CONSENT CALENDAR 3 . City council Action: 11 Councilmember 1"?h/2 moves, Councilmember ZL 1-60110 seconds that Consent Calendar Items A through J be approved. Discussion :::4,n D Action 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of January 20, 1998. 3B. Approval of Bills. Approval of payment of the bills received through January 15 and paid on January 15, 1998, after auditing by the Operations Committee on January 20, 1998. Approval of checks issued for vouchers: Date Check Numbers Amount 1/14/98 194609-195090 $ 505, 757 . 56 1/15/98 195091-195167 1, 081 , 694 .99 $1, 587 , 442 . 55 _Approval of checks issued for payroll oll for January 1 through January 15 and paid on January 20, 1998 : Date Check Numbers Amount 1/20/98 Checks 224999-225362 $ 289, 128. 90 1/20/98 Advices 54062-54706 787 , 834 . 64 $1, 076,963 . 54 Council Agenda Item No. 3 A-B Kent, Washington January 20, 1998 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White. Present: Councilmembers Amodt, Brotherton, Clark, Epperly, and Orr, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Fire Chief Angelo, Public Works Director Wickstrom, Planning Director Harris, Parks Director Hodgson, Finance Director Miller, Employee Services Director Viseth, and Acting Information services Director Mulholland. Approximately 55 people were in attendance. Councilmembers Bennett and Woods were excused from the meeting. PUBLIC EMS Presentation. Chief Angelo noted that the COMMUNICATIONS Emergency Medical System (EMS) , commonly known as Medic One, is a combination of several pieces consisting of public involvement, Basic Life Support delivered by Fire Services, Advanced Life Support Services delivered by paramedics, and Regional Services. He explained that the actions between Fire Departments and Advanced Life Support providers is coordinated for quality control, certification, testing, and run review which all operate under the license of Dr. Murray. Angelo noted that the King County Emergency Medical Services Division of the King County Health Department assists in coordinating the full function of the EMS. Tom Hearne, Director of the King County Emergency Medical Services Division, gave the Council an overview of the Medic One System. He acknowledged the close relationship that the EMS Division has with the Medic One Program in south King County and noted that there are currently two paramedic units stationed at two Kent Fire Stations. Hearne explained that the November EMS Levy received 57% of the votes but that 60% passage was needed to validate it. He noted that the failure of the levy caused a huge fiscal crisis throughout King County, in Seattle, and the cities that receive services. He explained that the levy was first put on the ballot approxi- mately 20 years ago to provide a stable funding base for Medic One. He noted that in 1979 fire and paramedic services were provided based on the ability of local jurisdictions to give the service and not on a solid regional foundation. He noted that the EMS Levy has provided a reasonably uniform and solid service County-wide with all service personnel trained the same way, under the same doctor, and follow the same protocols. 1 Kent City Council Minutes January 20, 1998 PUBLIC Hearne noted that when the Levy failed in COMMUNICATIONS November, the system was obviously threatened and jurisdictions needed to decide how they were going to handle the crisis. He noted that the City of Seattle came up with enough funding reserves to carry their system forward for one year, and that the City of Kent also found reserves to defer costs so that they could offset the funding for the first six months of 1998. He explained that the EMS Division and the Regional Support Services have tried to balance the training and strategic initiatives with reducing costs to accomplish the same thing that everybody else is doing. Hearne noted that reducing costs will suffice for the first six months of 1998 but that Executive Ron Sims' plan is to put the levy back on the ballot in February. He explained that if the levy passes then funding will be supplied to the paramedics and Basic Life Support Services for the remainder of 1998 and to the Regional Services support for training, and medical program directors. He also noted that there will be some debt repayment over the next three years in an amount that will be approximately $4 ,000, o00.00 a year. He noted that the level of support service will take a little cut and will have some impact on the service as the next three years roll forward. He explained that there are no plans to add any new paramedic units in the next three years, but that they are looking forward to keeping the strategic initiatives go- ing in the 18-month strategic plan that preceded the proposal that was defeated in November. He further explained that the plan would try to decrease the rate of growth in paramedic calls through public education and by tweaking out dispatch protocols. Hearne noted that an EMS Advisory Committee has been formed to help look at efficiencies in EMS services and see how they fit in with the health plans. He noted that the calls from the fire departments and the paramedic providers has been unanimous to push forward with the strategic initiatives. He noted that King County has passed an ordinance which identifies a task force that will look at other possible ways of funding EMS, and that they will furnish a report in December, 1998 . 2 Kent City Council Minutes January 20, 1998 PUBLIC Jaycee Week. Mayor White read a proclamation COMMUNICATIONS declaring January 18-24 , 1998, as Jaycee Week in the City of Kent. He noted that the Kent Jaycees have been a vital part in the development of young leaders in the community for the past 52 years and have contributed to the betterment of the community through their involvement in various City programs. He encouraged all citi- zens to join in acknowledging the past and continuing service of the Jaycees. The Mayor then presented the proclamation to Gerry Lamar of the Kent Jaycees. Legislativ Laurent, Government Affairs Manager, provided each Councilmember with a summary of the legislative activity planned for the first two weeks of the 1998 Legislative Session. She pointed out that Water Rights, Watershed Planning and Protecting Fish has become a main concern and discussion at the State level because fish compete with cities for water supply. She noted that there is a great deal of interest in Counties taking the lead role with Watershed Planning which creates a concern for cities. She explained that Kent has been working closely with Tacoma on their Second Supply Project and on the City' s impoundment project to ensure Kent' s water supply in the near future so these concerns will be communicated to the legislators. Laurent also noted that Transportation Funding is the second concern. She noted that the House Majority Leadership and the Governor' s proposal have similarities with the key difference being how it is funded. She noted that the Governor is proposing a gas tax increase while the Majority Leadership proposes a shift of motor vehicle excise tax funding from the General Fund to the Transportation Fund. She noted that Kent' s key issues are to gain support for local trans- portation funding and to ensure that there is continued support for criminal justice funding which the City has derived from the motor vehicle excise tax funds in the past. She noted that Kent gains over $100, 000 a year from that program which provides significant support to Project Lighthouse. 3 Kent City Council Minutes January 20, 1998 PUBLIC Laurent noted that the third issue concerns COMMUNICATIONS Driving Under the Influence (DUI) , and that there are a number of bills moving very quickly through the Senate Law and Justice Committee which pro- vide stricter standards, increased penalties and give new tools to local government to enforce those who would drive under the influence. She noted that all of these majors have been reviewed carefully by the Drinking Driver Task Force and that their recommendations have been included in the Legislative Agenda adopted by the City Council last December. She noted that the Council will be informed of these issues. Report on 1997 Asia Pacific Trade Exchange. Barbara Ivanov, Executive Director of the Kent Chamber of Commerce, reminded the Council that International Trade is big business in Kent and that Kent's economy overall is about $7 .86 billion a year. She noted that about 10% of the economy is from direct export sales and she thanked the Mayor and Councilmembers for being so supportive and strong leaders. She noted that there is not another community in the State who has the support from the business community, the elected officials, the local school district, and community colleges which are aligned to promote international business for the community and citizens. Ivanov distributed two reports to the Council and explained that the large detailed one gives all of the deliverables accomplished in 1997 which are organized under three major categories. 1) To promote the Kent area and King County as a regional destination for two-way trade in import/ export, tourism, business, and to familiarize local companies through direct contact with international business. 2) To get trade smart. She noted that all of the efforts are directed toward helping small and medium sized companies in the Valley be successful, and to help them with the tools and knowledge needed to do well. She noted that the Chamber of Commerce executed and provided a series of seminars in 1997 using some local people who have already been there, walked the path and know what they're doing. 3) The Chamber of Commerce hosts the largest international business exchange in the State of Washington each Fall. She noted t:at the focus has been on processed food and that Food World 1997 was in every case a success. 4 Kent City Council Minutes January 20, 1998 PUBLIC John Ryan, President-Elect of the Kent Chamber of COMMUNICATIONS Commerce, noted that international business is a public/private partnership that is working. He noted that the Asia Pacific Trade Exchange has become a model which the King County Trade Board is looking at and trying to duplicate. He ex- pressed appreciation and thanks for all of the efforts. Ivanov noted that the three cornerstones of the program are in place in 1998 with learning more from the customer base. She noted that there will be a trade mission aligned with the City of Kent Sister City Relationship in Yangzhou and that business people will be brought there for some new business relationships while the new park is dedicated. She noted that the Chamber of Commerce trip is scheduled for early May (May 2-16) , if approved by May Miller, and that they will be in mainland China, Hong Kong, and Taiwan where the sister Chambers are located. Ivanov explained that the short report indicates what actually happened at Food World 197 and noted that those promises made were indeed ful- filled. She noted that the Chamber guarantees a U.S. or Kent Valley company will meet some quality, qualified buyers, traders while at the Food World exhibition. She noted that on an average, while at the Food World exhibition, traders have met between eight and ten new qualified international buyers. She noted that over 77% of the U.S. -Exhibitors felt that their expectations were met and/or exceeded and that they were very satisfied with the results. She noted that Food World ' 98 will be held November 8-10 at Emerald Downs and that it should be even bigger and better. February Learn. (ADDED BY COUNCILMEMBER BROTHERTON) Brotherton noted that the upcoming election is important to the citizens of Kent for both the Kent and Federal School District Levies and the EMS Levy. HE MOVED that the City urge each and every Kent resident to carefully study the issues and go to the polls on February 3rd. Clark seconded and the motion carried. Mayor White noted that citizens certainly have an obligation to study the issues and go to the polls. 5 Kent City Council Minutes January 20, 1998 CONSENT ORR MOVED that Consent Calendar Items A through CALENDAR N be approved. Clark seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Ann oval of Minutes. Approval of the minutes of the regular Council meeting of January 61 1998. HEALTH & (CONSENT CALENDAR - ITEM 3H) SANITATION Glen Kara. 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, as recommended by the Public Works Director. The project is located west of 100th Avenue S.E. & S.E. 222nd Street. (CONSENT CALENDAR - ITEM 3I) Country view Estates Division II 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 improve- ments, 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. 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. (CONSENT CALENDAR - ITEM 3K) Hunters Grove Sanitary Sewer. 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, as recommended by the Public Works Director. The project is located at 116th Avenue S.E. and S.E. 230th Place. SEWERS (CONSENT CALENDAR - ITEM 3C) LID 349 - S.E. 223rd St Sanitary Sewers. ADOPTION of Ordinance No. 3388 establishing the 6 Kent City Council Minutes January 20, 1998 SEWERS formation of LID 349 - S.E. 223rd St. Sanitary Sewers, as recommended by Council on January 61 1998. (CONSENT CALENDAR - ITEM 3F) Mill Creek Relief Sever Alternate Release System Agreement. 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, as recommended by the Public Works Committee. 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. WATER (CONSENT CALENDAR - ITEM 3G) Tacoma Intertie Water Supply Project Agreement. AUTHORIZATION for the Mayor to sign the Second supply Pipeline and Associated Components including the Howard Hanson Storage Conceptual Agreement, as recommended by the Public Works Committee. This conceptual agreement lays the basis for the detailed project agreement for the Tacoma Intertie Water Supply Project. (CONSENT CALENDAR - ITEM 3L) 262nd Street Water Main Improvements. 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, as recommended by the Public Works Director. The original contract amount was $92, 179 . 68. The final construction cost was $81, 141. 96. STREETS (CONSENT CALENDAR - ITEM 3D) 1997 Asphalt Overlays. 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 7 Kent City Council Minutes January 20, 1998 STREETS liens, as recommended by the Public Works Committee. 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. (OTHER BUSINESS - ITEM 4E) LID 348 - Interim Financing. 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. CLARK MOVED 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. STREET (PUBLIC HEARINGS - ITEM 2A) VACATION S. 188th St Street Vacation TV-97-3. 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 . Planning Director Harris pointed out the location of the street vacation and noted, for the record, that the Fire Department did respond to the re- quest for information since they are one of the prime departments that has input into a street vacation. Harris then read the following into the record: 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 their property. The existing right-of-way width is 301-condition #13 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 8 Kent City Council Minutes January 20, 1998 STREET 80th Avenue South, the developer is request- VACATION ing to vacate this portion of South 188th Street to obtain the additional property. " Harris explained that the applicants were led to believe a street vacation would be necessary if they wanted to proceed with their project. He noted that staff is recommending approval of this street vacation with five (5) conditions which were read into the record as follows: (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) ; (2) Either the City shall retain easements for utility purposes over, upon and under said 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; (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, etc. , that has existing facility within the right-of- way being vacated; (4) The applicant shall recon- struct the intersections of 80th Avenue South/ South 188th Street and 80th Place South/South 188th Street to eliminate access onto and off of 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; (5) 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 conjunc- tion with the issuance of any development permit on any abutting property of said vacated right- of-way. The Mayor opened the public hearing. John Ryan, Corporate Counsel for Toy Investments, Inc. d/b/a Toysmith, noted that his clients are in opposition to the street vacation. He noted that 9 Kent City Council Minutes January 20, 1998 STREET Toysmith's property is located due east of the VACATION subject property and their business fronts on 84th Avenue South with the rear entry on 80th Place. He noted that written comments have been submitted to Mr. Harris in the Planning Department and to the City Council regarding their opposition to this street vacation which were submitted today. He explained that their opposition is primarily based on traffic conges- tion and traffic flow. He noted that many of the employees and freight companies access 180th using the 188th cut through which is largely because of the traffic congestion at the north end of 80th Place South when it intersects with 80th Avenue South. Ryan noted that this street vacation will only aggravate the situation in the area, make freight movement inconvenient, and inconvenience the employees. He noted that the employees do not like to enter onto 84th Avenue South because the speeds are high and dangerous. Todd Timberlake, representative for Trammell Crow Company-Pacific Northwest Group A, noted that the property was purchased 5 or 6 years ago. He noted that there were two Determinations of Nonsignificance (DNS) issued in which one was for the bulk of the property to the north and one specifically for this ten acre parcel. He noted that there is an item in the DNS which states that subject to this process, the owner has the right to vacate that street. He noted that it was the applicant's understanding from the begin- ning that this street could be vacated and that it would not be an issue. He noted that the applicant has agreed to the five (5) conditions listed but that the bridge/culvert is substandard and if it had increased truck traffic, over time it might be an issue. He explained that Trammel Crow' s intent is to remove the culvert and open up Springbrook as requested in one of the condi- tions. He requested that they be given some time to respond to the opposition received since they received short notice on this item. ORR MOVED to close the public hearing. Clark seconded and the motion carried. City Attorney Lubovich pointed out that three documents have been submitted to the Council from Jack Nelson, Montoure Real Estate and John Ryan of Toysmith. ORR MOVED to make these three 10 Kent City Council Minutes January 20, 1998 STREET letters a part of the record. Epperly seconded VACATION and the motion carried. Upon Orr's question, Harris noted that this is a time-sensitive item from staff's viewpoint but that he wasn't sure about the applicant. Harris clarified for Orr that the Fire Department did not have a problem with this proposed street vacation. Upon the applicant's concurrence, ORR MOVED to table this item for two weeks. Clark seconded and the motion carried. Orr requested that this item come back on February 3rd under Other Business on the Agenda. Upon Clark's request, Mayor White asked staff to keep the Council apprised of the progress on this issue. PLATS (CONSENT CALENDAR - ITEM 3M) Benson Highlands Final Plat FSU-95-10. 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 S.E. 244th Street. The City Council approved the Benson Highlands preliminary plat on April 2, 1996. (OTHER BUSINESS - ITEM 4B) Country Club North Division 2 Final Plat FSU-97-6. 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 S.E. at S.E. 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. ORR MOVED 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. (OTHER BUSINESS - ITEM 4G) (REMOVED BY COUNCILMEMBER ORR) Meridian West Preliminary Plat SU-96-2. 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 11 Kent City Council Minutes January 20, 1998 PLATS size and is located on the west side of 132nd Avenue SE, north of S.E. 266th Street (26405 132nd Avenue SE) . Councilmember Orr explained that part of the reports did not make it into the packet, and that the Planning Department is requesting this item be brought back in two weeks with the full information included. There were no objections from the Council. COMPREHENSIVE (OTHER BUSINESS - ITEM 4F) PLAN 1997 Comprehensive Plan Amendments i Zoning may Changes. 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 staff' s original recommendation because the Planning Board was unable to pass a motion. The proposed Polygon Northwest amendment was withdrawn by the applicant. Matt Jackson, a Kent City Planner, noted that the Land Use and Planning Board' s -recommendation for 1997 Comprehensive Plan Amendments. He explained that he will go through each of the applications, note for the Council what each original request was for, show a map of each location, and state the Planning Board's recommendation. He noted that two pieces of information were left out of the Council's original packet. He then distri- buted to Council an attachment relating to CPA 97-3 (E) which is a copy of the resolution that Council passed regarding the commercial uses along the 277th Corridor, and a copy of the pro- posed changes to the Capital Facilities element for CPA-97-3 (H) . He explained that these revi- sions are from the Del Mar & Meridian Valley areas that were annexed into the City adding new facilities into the City's inventory. ORR MOVED 12 Kent City Council Minutes January 20, 1998 COMPREHENSIVE to make the two documents a part of the public PLAN record. Clark seconded and the motion carried. Jackson explained that eight requests were received for Comprehensive Plan Amendments this year. He noted that Proposal A - is the Anderson Amendment located at 828 West Valley Highway and that the site is approximately 4. 65 acres. He explained that the applicants are asking for a change in the Land Use Plan Map designation from mixed use to commercial; and a change in the zoning from gateway commercial to M-1 Industrial Park. Jackson noted that the Planning Board recommends approval of the applicant's request to extend the industrial to the south and rezone the shaded area on the map into the M-1 zone area so the neighboring zoning to the north is M-1. Proposal B - is the Sanders amendment located on the northwest corner of 104th Avenue S.E. and S.E. 262nd Street on East Hill. Jackson ex- plained that the shaded area on the map is one lot with a split zoning and split land use situation on it. He noted that the applicants are requesting to redesignate the area from low-density, multi-family, to mixed use with restricted multi-family, and to change the zoning on the entire parcel from Office in the front and Garden-Density, Multi-family on the back to Community Commercial. He noted that the Planning Board is recommending approval of this request. Proposal C - Jackson noted that this proposal was withdrawn by the applicants, Polygon Northwest. Proposal D - is the Shulman amendment with approximately 7. 5 acres and is located on the west of Pacific Highway South on the south side of the Kent-Des Moines Road. Jackson noted that even though the land is entirely surrounded by the City of Des Moines and the existing Compre- hensive Plan designation is commercial, the applicants are requesting medium-density, multi- family in order to do an apartment complex. He noted that the zoning will go from General Commercial to MRM-Medium-Density, Multi-Family. He explained that this item is coming before the Council without a Planning Board recommendation because it received a 3-3 vote at the Committee. He noted that staff' s original recommendation was 13 Kent City Council Minutes January 20, 1998 COMPREHENSIVE to modify the request and designate the property PLAN MRG which will allow 16 units per acre as opposed to the proposed 23 per acre based on the fact that the site is significantly constrained by steep slopes and that the proposed building area shown on their documentation would not allow the site to be built at what the applicants are requesting. He noted, however, that the MRG Density would be accepted. Proposal E - is from T.M. Investments and is located at 11605 Kent-Kangley Road at the south- east corner of Kent-Kangley and 116th. Jackson noted that this site is approximately 2.0 acres and the applicants are requesting a change in the Land Use Plan from SF-6 to Commercial, and a change in the zoning from SR-6 (6. 05 units per acre) single-family to Neighborhood Commercial Convenience. He noted that the Planning Board did recommend approval of the owners request. Proposal F - is the Clasen/Dinsdale amendment which is 53 . 5 acres and is located on the eastern edge of the City. Jackson noted that the request from the applicants is to change the land use designation from FS3-Single Family, 3 per acre, to FS-6 Single-Family, 6 per acre; and to change the zoning from SR-3 to SR-6. He noted that the Planning Board di-3 recommend approval of this application. Jaz: :son clarified for Clark that the subject property is located east of 132nd and the southern border is S.E. 282nd and approxi- mately S.E. 276th Street. He noted for Clark • that the zoning to the north and east of this proposal is currently zoned SR-6; on the western side is currently zoned SR-3 ; and a small portion on the south side is zoned SR-1 so there is a mixture of single-family. He clarified for Clark that the zoning to the north is SR61 to the south is SR-3 and south of that is SR-1. Proposal G - is the Sinkula amendments located at the northwest corner of Kent-Kangley Road and 124th Avenue SE. Jackson noted that the applicant is requesting a change from SF-6 to Commercial, and a change in the zoning from SR-6 to NCC Neighborhood Convenience Commercial. He noted that all of the neighboring designations are single-family 6 per acre, and that the Planning Board is recommending denial of this application. 14 Kent City Council Minutes January 20, 1998 COMPREHENSIVE Proposal H - is from the City of Kent Finance PLAN Department which is an update to the Capital Facilities Element due to the annexation of the Del Mar and Meridian Valley neighborhoods, and that it includes the updating of the facilities. Jackson clarified for Clark that staff and the Planning Board both recommend denial of the application for Proposal G. Upon Orr' s question, City Attorney Lubovich noted that she could make a separate motion for the one item that was not resolved by the Planning Board. ORR MOVED to adopt the Land Use and Planning Board' s recommendation on the 1997 Comprehensive Plan amendments, Items A B E F G & H and zoning map changes as approved by the City Council, and to direct the City Attorney to prepare the neces- sary ordinance(s) . Epperly seconded. Orr clarified for Clark that both the staff and the Planning Board' s recommendation for Proposal G is denial and that her motion is to accept their recommendation. She noted for Lubovich that Item D is not being included in her motion because it came without a recommendation from the Planning Board, and that Item C was not included because it was withdrawn. The motion then carried unanimously. ORR MOVED that Item D' s request be denied until such time as the City is able to look at its own condominium ordinance. Clark seconded and the motion carried. Orr explained that the City of Des Moines is proposing a similar type zoning with townhouses, and she expressed that it is important to have some further safeguards in place before changing any sort of multi-family designation. RECYCLING (CONSENT CALENDAR - ITEM 3E) Department of Ecology - Coordinated Prevention Grant. AUTHORIZATION for the Mayor to sign the Department of Ecology Grant Agreement and direct staff to accept the grant of $83 , 305 and esta- blish a budget for same, as recommended by the Public Works Committee. The Coordination Prevention Agreement specifies the responsibility of the City in working towards the expansion of existing programs as well as the 15 Kent City Council Minutes January 20, 1998 RECYCLING implementation of new waste reduction and re- cycling programs and educations. These programs are administered by our Conservation Specialist. PARKS & (CONSENT CALENDAR - ITEM 3J) RECREATION Kivania Tot Lot #4. ?CCEPTANCE of Kiwanis Tot Lot #4 Renovation Project as complete, and release retainage to Parkwood Services upon notification of state releases, as recommended by staff. TRANSPORTATION (OTHER BUSINESS - ITEM 4C) Sound Transit Station Location. The Planning Committee met 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. Orr noted that information was presented to the Planning Committee regarding traffic issues. She explained that the vote was 2-1 to recommend the south site, and that she was one of those sup- porting it. She expressed that it is in the best interest for the City and the downtown area that this site be chosen. She emphasized that even with council's recommendation, the Transit Authority still has the final decision. She noted that from all of the information presented both sites are very close in making the station work, but if for some reason during additional analysis the Transit Authority determines that the north site would be the better site, they have the right to make that decision. Clark noted that from the information provided the south site will be more expensive and create some problems that the City will have to cope with. He noted that the selection of either site will cause hardship for someone which makes it an even tougher decision. He noted that no one has successfully addressed his concern regarding the tremendous impact of traffic patterns parti- cularly at Smith and Central, and James and Central, if the southern site is selected. He noted that if the traffic flows begin to equate with what already exists plus additional buses, the peak hour traffic will be extremely difficult to maneuver. Clark further noted that the 16 Kent City Council Minutes January 20, 1998 TRANSPORTATION Economic Downtown Revitalization has always been one of the Council's modern objectives. He noted that the northern site would better serve the City for commuter traffic to give a greater flow in going to and from work and home. Epperly stated that she supports the southern site and that the majority of the Council would support parking structures in either site. She noted that if the transit station is :located in the north perhaps the North park area and ball fields will disappear with development and redevelopment. She explained that the south end needs some redevelopment and that is why she is supporting the south site. Brotherton noted that the major source of con- gestion now on Smith and James is the cross traffic and that adding a station close to that area will simply add to the congestion but not relieve it. He expressed his support for the south site mainly because of the traffic congestion and that the 277th Corridor will move traffic off of Smith and James. ORR MOVED that the City Council designate the south site as the preferred alternative Sound Transit Station site, and direct the Mayor to notify the Regional Transit Authority of their preference. Epperly seconded and the motion carried with Clark opposed. (OTHER BUSINESS - ITEM 4D) Regional Transit Authority - Interlocal Agreement. 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. CLARK MOVED to authorize the Mayor to sign the interlocal agreement with the Regional Transit Authority. Orr seconded and the motion carried. TRAFFIC (BIDS - ITEM 5A) CONTROL Interurban Trail Signals. The bid opening for this project was held on December 30, 1997, with four bids received. The low bid was submitted by 17 Kent City Council Minutes January 20, 1998 TRAFFIC Signal Electric, Inc. in the amount of $93 , 017 . CONTROL The Engineer's estimate was $110,900. It is the recommendation Of the Public Works Director that the Interurban Trail Signals contract be awarded , Inc. for the bid amount of to Signal Electric $93 , 017 . CLARK MOVED that the Interurban Trail Signals contract be awarded to Signal Electric, Inc. for the bid amount of $93 , 017 . Epperly seconded and the motion carried. COUNCIL (CONSENT CALENDAR - ITEM 3N) (ADDED BY COUNCILMEMBER CLARK) Council Absence. APPROVAL of an excused absence from tonight's meeting for Councilmembers Bennett and Woods who are unable to attend. (OTHER BUSINESS - ITEM 4A) Election of Council President. 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. EPPERLY MOVED to nominate Leona Orr for the next Council President. Amodt seconded and the motion carried with Clark opposed. Mayor White congratulated Mrs. Orr on her appointment. Council President Orr thanked her colleagues for their support. She noted that ,since two Councilmembers are ill and she has not had an opportunity to discuss committee assign- ments with each member, the assignments will probably be ready by the end of this week. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. 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 644 , 272.31 $2 , 342 , 568 . 03 18 Kent City Council Minutes January 20, 1998 FINANCE APPROVAL of payment of the bills received through December 31 and paid on December 31, 1997 , after auditing by the Operations Committee on January 6, 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 $ 878�940.21 762 REPORTS Public Works Committee. Clark requested and received permission from newly elected Council President Orr to go ahead with their scheduled meeting for tomorrow. Administrative Reports. McFall noted that there is a brief executive session scheduled to discuss labor negotiations but that there is no action anticipated. EXECUTIVE The meeting recessed into Executive Session at SESSION 8 : 10 P.M. ADJOURNMENT The meeting reconvened and adjourned at 8 :25 p.m. Donna Swaw Acting City Clerk 19 J Kent City Council Meeting Date February 3 , 1998 Category Consent Calendar 1. SUBJECT: LID 350, BIG "K" SANITARY SEWERS - RESOLUTION SETTING HEARING DATE 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, adoption of Resolution No. /.5 setting the hearing date for March 3 , 1998, to establish the formation of LID 350, Big K Sanitary Sewers - 124th Ave SE & SE 270th St. 3 . EXHIBITS: Public Works Committee minutes, Public Works Director memorandum, resolution 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS* 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3C \ 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. Recycling 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 C 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 6t 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 S=12ly Project Agreement Wickstrom stated that we had an agreement with Tacoma in 1985 to build this Second Supph 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 DEPARTMENT OF PUBLIC WORKS DECEMBER 19, 1997 TO: Public Works Committee FROM: Don Wickstrom Obj RE: Proposed L.I.D.: BIG 'K' SANITARY SEWER ( 124TH AVE. S.E. & S.E. 270TH ST.) The City received a petition for the installation of sanitary sewers in the vicinity of 124th Ave SE and SE 270th Street including the plat of Big 'K' 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 L.I.D formation. In June 1994 the City of Kent received the petition requesting the formation of a Local Improvement District (L.I.D.) for the installation and financing of sanitary sewers. The City developed a proposal, mailed information to all property owners involved and held an informational meeting August 17,1995. Property owners then completed a Questionnaire indicating their interests or disinterest in the proposal. At that time there was sufficient interest to proceed to the next step in the formation process. However, the project has been on hold. In order to service Big 'K' and the surrounding area, the sewer must be extended to the area and a new pump station constructed. The City has been in the planning and preliminary design phase for these improvements (East Hill Sanitary Sewer Interceptor). At this time, designs are being prepared and the necessary funding has been secured. Once construction is complete, the necessary sewer system construction to service the proposed L.I.D. can proceed. Therefore, now is the time for a final decision to be made regarding the L.I.D. formation. During November 1997, the City reviewed the proposal to confirm the L.I.D. boundary. Six property owners were contacted to confirm interest due to several new owners and revised assessments. The boundary was finalized as shown on the attached map. Through the questionnaire process 53.70% expressed interest,18.52% do not want the project, 1.85% stated they would support the majority of other owners and 25.93% did not respond. It is not known how many septic systems are technically in a state of failure, however, we understand that there are numerous septic problems in the area. Attached is a letter from the Seattle-King County Department of Public Health discussing the septic problems that exist, the difficulty in repairing these problems and recommending that sanitary sewers be installed 1 blgkpwc.wpd/MKV file 10,1170.4 as the most feasible and economical method for addressing the situation. One owner wants the sewer since she can no longer do laundry at home. Another owner purchased the property for a new church and is in need of sewer. A new owner is in favor since she was told by neighbors of the poor drainage and numerous septic system failures in the area. One owner against the sewer doesn't want development on the vacant lots on both sides of his property. The total project cost is estimated at $603,852. The preliminary assessment for per lot is $9,778.32. CITY FUNDING The Seattle-King County Department of Public Health is concerned with the problem of failing on-site sewage systems in the neighborhood and the related threat to health. They also recommended that sanitary sewers be installed due to the difficulty and expense of repairing on site septic systems. Therefore, the major goal of this project is to provide sanitary sewer service to each property involved to provide an alternative means of correcting existing septic failures and to prevent others from failing in the future. To accomplish this, each property involved will receive one residential sewer connection to service the existing house or to allow a house to be built on currently vacant property. Several of the properties are of sufficient size to allow further development in the future. This would result in the need for a higher level of service or more connections. If this happens, an additional share of the project cost should be paid. The Engineering Department proposes to fund the cost ($66,045) of the potential additional service that may be needed in the future. To receive reimbursement, a charge in lieu of assessment will be established which becomes payable should an increase in service level above one residential connection be required. This procedure minimizes the initial cost for these larger properties making it more feasible for the property owner to support the L.I.D., especially if they do not have development plans. However, should they have the need for increased service and are able to obtain the necessary development approvals, they will be required to pay an appropriate share at the time the additional service is obtained. In addition to the above funding, the City also owns one property in the L.I.D. and will pay the assessment should the L.I.D. be formed. ACTION REQUESTED Recommend adoption of the Resolution setting a public hearing date on the formation of the L.I.D. for the 55 properties shown on the attached map. Enclosures 2 bigkpwc.wpd1MKV file 10.1J70.4 r �\ cr 0 O G Z �°° J = 0 0 m 1 P to LJ W �P m M m ti C 0 h O "3" '3Ad Hlsti 0AF C� IL � o l 3"S 3^d Hl 0' Q Y W � N N �I L..—r. cr 0.�—�_ __�-�"__� N Z CL o CL 0 o a N \ 0 \ CITY or �5� Jim White, .Mayor December 19, 1997 RE: PROPOSED SANITARY SEWER L.I.D. BIG 'K' (124TH AVE SE 8c SE 270TH ST) Dear Property Owner Three years ago the City of Kent received a petition signed by 32 property owners expressing interest in the formation of a Local Improvement District (L.I.D.) for the installation and financing of sanitary sewers for your neighborhood. The City developed a proposal, mailed information to all property owners involved and held an informational meeting. Property owners then completed a questionnaire indicating their interests or disinterest in the proposal. At that time there was sufficient interest to proceed to the next step in the formation process. Questionnaire results are shown on the attachment. The project has been on hold. In order to service Big 'K' and the surrounding area, the sewer must be extended to the area and a new pump station constructed. The City has completed the planning and preliminary design phase for these improvements. At this time, designs are being prepared and the necessary funding has been secured. Once construction is complete, the necessary sewer system construction to service the proposed L.I.D. can proceed. Now is the time for a final decision to be made regarding the L.I.D formation. Therefore. the City will proceed with the L.I.D formation process durinc the first several months of 1998. The City reviewed the original proposal and has implemented several important assessment revisions as explained below. The City has determined that the preliminary estimated assessment amount per property for all properties is $9,778.32. This letter provides you with a project update. Also included is project information, maps. assessment information. payment scheduie and L.I.D information. Some of this is duplication of what you previously received but is included for your convenience. For new property owners which were not previously involved with this proposal in 1995. this information is new and should be reviewed. Should any of you have questions or comments, please call me at (253) 859-3383. I blgKpo3.wpd/MKV rile 70.5 _-0 J(h \%I1\I'I: SUI:TH KEN-r.uASHINGTOS"Xil Z: rELL'14I0\1- .`[li PROPOSEDIMPROVEMENTS The project consists of installing an 8 inch diameter sanitary sewer collection system complete with manholes as shown on the enclosed map. Side sewer stubs from the sewer main line to your property line or edge of easement are also included. In order to service your neighborhood, the sewer must be extended form the northwest. The City is planning such an extension. The extension will be a larger size 24 inch trunk main to service the proposed L.I.D. and other areas. The portion passing through the L.I.D. (along the low area north of SE 270th st.) is part of the L.I.D. proposal, however. only the cost of a standard minimum size 8" will be charged to the L.I.D. project. Also. the trunk main project will pay for the necessary easements, thereby further lowering the L.I.D. cost. CITY FUNDING The Seattle-King County Department of Public Health is concerned with the problem of failing on-site sewage systems in your neighborhood and the related threat to your health (see attached letter). They also recommended that sanitary sewers be installed due to the difficulty and expense of repairing on site septic systems. L.I.D. petitioners also expressed the need for sewers due the abundance of septic failures. Therefore, the major goal of this project is to provide sanitary sewer service to each property involved to provide an alternative means of correcting existing septic failures and to prevent others from failing in the future. To accomplish this, each property involved will receive one residential sewer connection to service the existing house or to allow a house to be built on currently vacant property. Several of the properties are of sufficient size to allow further development in the future. This would result in the need for a higher level of service or more connections. If this happens, an additional share of the project cost should be paid. The City proposes to fund the cost of the potential additional service that may be needed in the future. A charge in lieu of assessment will be established which becomes payable should an increase in service level above one residential connection be required. This procedure minimizes the initial cost for these larger properties making it more feasible for the property owner to support the L.I.D., especially if they do not have development plans. However should they have the need for increased service and are able to obtain the necessary development approvals, they will be required to pay an appropriate share at the time the additional service is obtained. In addition to the above funding, the City also owns one property in the L.I.D. and will pay the assessment should the L.I.D. be formed. bigKpo3.wpd/MKV file 70.5 ASSESSMENTS With the proposal and City funding as explained above, each property initially receives one residential connection. Therefore, since everybody receives the same service, the cost is spread evenly to all properties. The preliminary assessment per property is $9,778.32. In making this calculation the amount of L.I.D. and City funding involved must be determined. To make this determination, the total estimated project cost of $603,852 is distributed to all properties in the L.I.D. with a square footage factor to compensate for the larger subdividable properties. The results for all of the apparent undividable lots are averaged to determined the single connection lot charge. This amount is assessed to all properties regardless of size . The balance needed to fund the project is the amount of City funding and the potential amount to be collected in -ie future through the charge in lieu of assessment. The City funded amount is $66,045 and the L.I.D. total is $537,807,60. To obtain the above described distribution each parcel receives a base charge of$7.000. In addition, an area charge for the balance of the project total cost, is added to each property based on the number of square feet contained within the parcel or developable portion of the parcel for those that contain wetlands. Please note that for calculating the cost distribution as described above, the wetland area had to be determined. Therefore, we have completed an actual wetland study for the area and have an accurate field survey of the true wetland boundary. A 100 foot wetland buffer is required since the wetland involved is considered a Class 1 wetland. The remaining area outside of the wetland and buffer has been calculated and used for the cost distribution. SUPPORT FOR L.I.D. The attached list shows the questionnaire response indicating interest or disinterest previously submitted for your property in 1995. As explained in the attached L.I.D. information a minimum property owner support level of 40 percent (less than 60% protest) is required before the City Council can consider the L.I.D. formation. Also, Citv owned property is not considered in the percentage calculation. The original petition represented 59.26 percent and the questionnaire responses previously received represent 53.70 percent support. Should this level of support continue, this project could be approved. WATER MAIN CONSTRUCTION In conjunction with the sewer project, the City plans to reconstruct the water mains east of 124th Ave SE. The benefit of constructing both utilities at the same time is the opportunity 3 bigKpo3.wpd/MKV file 70.5 for sharing road restoration and repairing costs. For those locations where both utilities are to be constructed, the costs are split between the sewer L.I.D. and the City's water rebuild fund. MAILING LIST UPDATE Your name is shown on the King County tax rolls for a property within the L.I.D. boundary. If you are no longer the owner of the property, have a new address, or request that another party be listed, please let me know so the revisions or additions can be made to our mailing list. Should you have any questions or comments please call me at (253) 859-3383. My fax number is (253) 859-3559. 1 will be out of the office from December 20 through January 4. Very truly yours, �v p Merrill K. Vesper Design Engineer Enclosures CC Don Wickstrom. Director of PuChc Works l bigKpo3.wpd/MKV file 70.5 i PROPOSED LID BIG 'K' SANITARY SEWER 124TH AVE SE & SE 270TH ST. SAMPLE PAYMENT SCHEDULE i BASED ON: $9,778.32 ESTIMATED PRELIMINARY ASSESSMENT 10 YEARLY PAYMENTS 7 PERCENT INTEREST RATE i Year Starting Balance Principal Interest Ending Balance 1 9,778.32 977.83 684 a8 8,800.49 2 8,800.49 977.83 616.03 7.822.60" 3 7,822.66 97733 547 59 6,gaa,82 4 6,344.32 977.83 479.14 5,866.99 5 5,866.99 977.83 a10.69 4,889.16 6 4.889.16 9 7 7.33 342.24 3,911.33 3,911.33 977.83 273.79 2,933.50 8 2,932.50 977.83 205.34 1,955.66 9 1,955.0-6 977.83 136.90 977.83 10 977.83 977.83 68.a5 0 00) TOTAL 91778.32 3,764 65 1�354Z 77 i I NOTES. 1 The 7% interest is an estimated rate. The actual rate will be determined at the time of the bond sale based on the market at that time. 2. There will be no interest charge on payments made during the prepayment period. nts are made on time o avoid late charges. 3. Payment schedule assumes all payme a. The estimated preliminary assessment is subject:o change. The actual assessment amount and payment schedule will be in accordance with the finai assessment roll. A:\BIGKPAYM.WB1 PAGE 1 16.Oec-97 S (i) clty of Seattle Kling coaaay Vermen R.Rica W.,o. .nr•Lucke.Eracuuur Seattle-king County Department of Public Health Sharon Stewen Johnson,Acting Director April 5, 1995 NOTICE TO BIG "K" PLAT HOME OWNERS As a Big "K" Plat homeowner, you are no doubt familiar by now with your neighborhood problem of failing on-site sewage systems. Even if your own septic system has not surfaced on the ground or backed up into your house, the problem your neighbor is having down the street is a proximate threat to your family's health. Your neighbor's problem may no longer be fixed by the short term solution of digging more arainlines on his property. Reconstruction or re?air to existing drainfields is very difficult and expensive, especially with the new 1995 state code. Problems to repair septic systems in this area are compounded due to limited space, inadequate setbacks and poor soils. It is not unusual for you to be --xpe-encing problems now and for these probiems to steadily get worse. Your on-site septic system was designed as a short term disposal method which would someday be replaced by public sewers. In the early and mid 1960's when the Big "K" was platted, the design standards were less stringent. Many septic systems are at or near their twenty to thirty year life expectancy, depending on their use and maintenance. There is no economically feasible alternative to public sewers for tailed on-site systems. Cost of a septic system repair may be as high as S 10.000 to S I5.000, similar to the cost of hooking up to public sewers. If someone wishes to repair their septic system thev may still be required to hook to the sewer when public sewer becomes availabie. The Health Department has made recommendation -o the City tit Kent to extend sanirary sewers into the Big "K" Plat. To initiate that process, Big 'K" residents will be given the opportunity in the near future to sign a petition to show support for the formation of a Ubiity Local improvement District, (U.L.LD.). 50mC ui VUur IICIgiibG-z :':i c v ilit:iC'r:lj fOr ti:s :,:•r::. ,i you are concerned and wish to voluntee-, or `cave questions about procedure. please call Merrill Vesper, City Engineer, at 859-3381. As a future measure, the Health Department and the City of Kent will work together to meet, the needs of the community. If you have any questions or wish additional clarification or information on this matter please contact Paui Robinson, Senior Environmental Health Specialist at the Alder Square District Environmental Health Office. phone 296-1708. Monday through Thursday :30 AM to 9:30 ANI. Uder_-square Envlrenaenlal Health Servieee I uu I:entral kvr. �u,tr iul Ken,. Waan,n_,un IR0:62 i_un,_yin--t'uR„r_)n_uv,x, F 1\ Con,:•n.. in.i -nnmw on F1eCyClaq Paper' PROPOSED SANITARY SEWER LID BIG "K" (124TH AVE SE & SE 270TH ST) DECEMBER 10, 1997 Assessment Questionnaire No. Nacre Assessment Response 1* Dean & Sheely Conti 9,778.32 Yes 2* Dorothy Steel 9 778.32 No 3* Bryan Kriewald 9,778.32 Yes 4 Jerry D & Kim H. Muir 9,778.32 Yes 5* Rudolf Pojtinger 9.778.32 Yes 6* Christopher & Rebecca Howery 9,77S.32 Yes 7 Donna E. Young 9.773.32 No 8 Ver E. Walker 9,7 73.37 Yes 9* Royal K. Sturman, Jr. 9,773.32 No 10* Rosanne Marie Williamson 9.778.32 Yes 1 I Jer^ey R. Rooks 9,778.32 Yes 12 Rajesh & Reveka R. Kumar 9,778.32 Yes I3* Rajesh & Reveka R. Kumar 9.778.32 Yes 14 City of Kent 9,778,32 No Vote 1�* V. & Javonillo Constantino (Also ) 9.778.32 No Response 16* Rex Allen & Donna Wheeler 9.778.32 Yes I7 Gerard Otsuka 9,778.32 No Response 18* Veronica& Raymond McCaw 9,778.32 No 19* Frank Billington 9,778.32 No Response 20 Michael & Glenda Richardson 9,778.32 Yes 1 Anna, Stan and Leonid Kiforishin 9.77S.32 Yes ='* Donald & Karen McLaughiin 9.778.3^_ Yes 23* Dennis & Sandra Labelle 9.778.32 No Response 21 Debbie Howland 9.778.32 Yes Lisa M. Bouska 9,778.32 No Response 26 Dennis Hovland 9.718.32 No 27 Leonard H. Miller 9.773.32 No 28* The Mary S. Zacharias Trust 9.773.32 yes 29* David & Rennee .Maria Wilson 9.778.32 No 30* Jeffery & Shawn Nicholes 9.778.32 Yes 31 Martha M. Guerrero 9,778.32 No Response 32* Bret L. & Kassie Sherman 9,778.32 Yes * Bret L. & Kassie Sherman 9.773.32 Yes =� Arthur& Monica Hemdon 9,778,37 No Floyd & Loma Bangerter 9.778.32 Yes 36 Harry C. Howell 9,778.32 No 37* Richard W. Alcorn 9,77g.32 Yes 38* Alan K. Sohn 9,7 78.32 Yes** 39 Gerald & Mary Jo Perrin Yes 40* Jamie & Darcy Long 9,778.32 Majority** 41* Everett R. Martin 9,778.32 Yes 42 David Freeh 9,7 7 8.321 No Response 43 Wm. Ray & Leslie Matthews 9,778.32 No Response 44* Dallas B. Harms 9,778,32 Yes Assessment Questionnaire No. Name Assessment Resl2onse 45 Catherine E. Jordan 9,778.32 Majority** 46 Robert D. & Gerina M. Aarhus 9,778.32 No Response** 47* Paul T. & Gwen J. Butler 9,778.32 Majority 48 William H. Jr. & Catherine Coleman 9,778.3"_' Yes 49* Theodore & Deborah Clum 9,778.32 Yes 50 Nina & Aleksev Rodv,in 9,778.32 No Response** 51* Susan L. Cramer 9,778.32 Yes 52* Wavne & Tammy Fromel 9.778.32 Yes 53 Victor & Mary Woodin 9,778.32 Yes 54* Roberta L. Wenzel (Brooks) 9,778.32 No 55* V. & Javonillo Constantino (Also =15j 9,778.32 No Response LID Total S5 7,807.60 * Property Owner signed original petition in 1995 ** Indicated previous owners response to questionnaire. Kev for Ouestionnaire Response Yes - Please proceed with the LID formation. No - Please do not proceed with the LID formation. --Majority - I will support whatever the majority of the other property owners want. No Response - The property owner did not give input or return the questionnaire. LOCAL IMPROVEMENT DISTRICT (L.I.D.) FORMATION FOR THE INSTALLATION OF SANITARY SEWER The following information applies to the typical sanitary sewer project funded by a Local Improvement District. FINANCING UTILITY EXTENSIONS Utility extensions are installed and financed by either a developer extension or a Local Improvement District. For a developer extension, the property owner, usually a developer, directly finances the initial cost and installs the utilities needed to serve the development. There is a process available to obtain reimbursement from other properties that connect to the extension in the future. An L.I.D. is the method of choice where various properties in a neighborhood want the utility extension as all properties serviced by the extension share in the initial cost. This project is proposed to be funded by the L.I.D. method. If the L.I.D. formation is approved by the property owners, the City will design the project, hire a contractor for the construction, sell L.I.D. bonds to initially finance the project and will assess the property owners involved. The funds collected through the assessments are used to retire the bonds. The assessments are usually paid in yearly installments (1/10 of the principal plus interest on the unpaid balance) over a ten year period, or they can be paid in full with one payment. The interest rate is determined by the market at the time the L.I.D. bonds are sold to the public. Attached is an estimated payment schedule for the proposed project based on the estimated assessment and interest rate. BASIC L.I.D PROCESS The L.I.D. process consists of the following steps. 1. Property owners petition for an L.I.D. formation. 2. City prepares estimates and preliminary assessments. 3. Letters and meetings as needed with property owners to disperse information and determined level of interest of all property owners involved. 4. Proposal submitted to the Public Works committee of the City Council for authorization to proceed (if sufficient interest has been expressed by the property owners). 5. City Council passes Resolution of Intent (Intent to proceed and hold public hearing). 6. Public Hearing date set. 7. Public Hearing and assessment notices mailed by City Clerk. 8. Public Hearing at City Council meeting. 9. Protest received from property owners. 10. Final approval of Ordinance (if insufficient protest are received and City 1 lidinfo.wpd/MKV September 10. 1997 Council decides to approve L.I.D. formation). The following steps are taken once the L.I.D. is formed. 11. Topographic survey of project location. 12. Project design. 13. Right of way and permit acquisition. 14. Advertise for bids. 15. Award contract to low bidder. 16. Construction of project. 17. Final assessment hearing. 18. 30 day prepayment period. 19. Sale of L.I.D. bonds for balance of funds needed. 20. Payment of yearly assessments begin. If approved, the project will be placed on our list of projects for design and construction. Construction usually takes place the following year depending on permit and right of way issues involved. Following completion, a final assessment hearing is held. After n ri day prepayment period. L.I.D. bonds are sold for the balance of unccllected funds. The remainder of your assessment balance is paid over a 10 year period. The first yearly payment is due one year from that time. L.I.D. APPROVAL At the time of the formation public hearing if property owners with combined L.I.D. assessments representing 60 percent of the total assessment protest the L.I.D. formation, the L.I.D automatically fails. Should the protests received tally less than 60 percent, it will then be a City Council decision whether or not to approve the L.I.D. formation ordinance. Please note that if you support the L.I.D. formation you are not required to respond to the public hearing notice. However, it is recommended that you attend the hearing and voice your suppor,to counteract the protests received. Even with less than 60 percent protests, the City Council may reject the L.I.D. formation if they only hear protest. PROPOSED IMPROVEMENTS The typical sanitary sewer project consists of installing an 8 inch diameter sanitary sewer collection system complete with manholes. The proposed system layout for this project is shown on the enclosed map. Six inch diameter side sewer stubs from the main line to your property line at the street or edge of easement are also included. After installation, the trench area is restored. The roadway pavement will be replaced where removed and completely full width overlayed with asphalt pavement to complete the restoration. Note that the connection from your lidinfo.wpd/MKV Seotemoer to. 1997 property line to your house is not included in the construction or the assessment. The side sewer on private property and outside of City easements is the responsibility of the property owner to install separately from the L.I.D. You may wish to contract with the City's contractor for your side sewer installation. Since he is already working in the area, you may get a lower price. SIDE SEWERS The preliminary estimate is based upon individual side sewer stubs for each parcel. However, the Kent side sewer code allows the connection of two residences to one 6 inch side sewer at a common property line. This means that there is a potential for reducing the amount of side sewer construction required for the project and thereby reducing project costs and the L.I.D. assessments. During the design phase of the project, it will be determined where single stubs can be installed to serve two residences. Each property owner will have the opportunity to request the location of the side sewer stub to the property. If you and your neighbor can agree on a common stub location, the City will comply with the request where possible However. during the preliminar/ stage, the property owner desires regarding side sewer locations are not known, therefore one stub per house is assumed in estimating costs. FINAL ASSESSMENTS Following the construction of the project and determination of actual total project costs, a final assessment is calculated and a final assessment hearing is held. At this hearing, you may protest the amount of your assessment based on benefit (increase in property value) to ycur property derived from the sewer installation. This requires the submittal of a before and after real estate appraisal. To have a valid protest, the appraisal must show that the L.I.D assessment is greater than the benefit provided by the L.I D BENEFIT TO PROPERTIES When discussing L.I.D. projects, benefit received is an important issue since benefit is the basis for the L.I.D. assessment. Benefit is defined as the .ncrease in property value brought about as a direct result of the construction of the L.I.D project Sanitary sewer construction is considered to be a benefit to the properties receiving :he sewer service. Generally speaking, for two otherwise identical properties, the one with sewer wouid have a higher value or potential sale price. There a several reasons for this. With sewer in place, the cost of the sewer installation has been addressed so the potential of a future expense of installing sewers has been eliminated. Also the sewer is another improvement to the property which adds to the overall value as any other property or home improvement. 3 hchnfo.wpcVMKV Septemoer 10. 1997 You may ask, why is it an improvement or benefit if the property has a working septic system? The main consideration in this regard is the history of the general area. If numerous septic problems have occurred and numerous problems exist, it is more difficult to sell a property for a given price. With a history of problems, even though a given septic system is still functioning, there would be a concern over how much longer it will function. Also, problems at nearby neighbors houses can cause sewage and the related odors to appear on your property which would be a deterrent to a sale. So even though a residence currently has a functioning septic system, the installation of sanitary sewer in the neighborhood will boost or protect the property value and potential sale price. According to the Seattle-King County Department of Public Health, on site septic systems are considered as a short term disposal method which would someday be replace by public sewer Life expectancy of septic systems is in the range of 20 to 30 years, depending on use anc maintenance. Reconstruction or repair to existing drain fields is very difficult and expensive, especially with the latest state codes. Standards in the past were much less stringent. The costs for septic system repairs have been known to be as expensive as sewer installation with no guarantee on how long it will function. There is no economically feasible alternative to public sewer for failed on- site systems. An additional benefit to subdividable properties is the ability to subdivide and fully develop. Without the sewer, plats are not approved and building permits are not issued. This limits or reduces the value of the property. The installation of sewer will allow full development and will provide full value in accordance with the zoning in regard to the sewage issue. ANNEXATION COVENANT (For properties outside of the Kent city limits.) You will not be required to annex to the City prior to the L.I.D. 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, you will be counted as a "yes" vote anc 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 L.I.D. be formed, the City will send each property owner an official notice that the sanitary sewer service is available to your parcel and hdinfo.wpd/MKV September 10. 1997 is within 200 feet of your 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. Kent's monthly sewer charge is currently $24.24. In addition to Kent's charge, there is a METRO capacity charge. Each new sewer customer pays $7.00 per month per single family dwelling. The purpose of the METRO charge is to recover costs of constructing sewage treatment capacity necessary to serve new customer. This charge is billed directly by METRO every six months for a period of 15 years or at any time the balance can be paid at a discount. The side sewer installation from the right of way line to the house can be made by either a contractor or the property owner. Prior to starting construction, the owner or his agent must obtain a side sewer permit and execute an agreement/covenant to annex. Application for a side sewer permit is made at the Engineering Department. A copy of your deed or title report will be needed to prepare the covenant to annex. Permits are S25.00. At the time of hook up, you will be required to pump your septic tank and backfill it with an inert material such as gravel or crushed rock. Additional requirements and information regarding the type of pipe to use and other construction requirements can also be picked up at the Engineering Department (Kent Side Sewer Code). EASEMENT ACQUISITION Main line sewers outside of public right of way on private property require easements granted to the City. The properties involved will be appraised followed by negotiation between the City and owner. Final settlement can be direct payment to the owner or can be a credit towards the L.I.D. assessment for the property, thereby reducing the amount of the yearly payments FINANCIAL ASSISTANCE City of Kent Resolution No. 993 provides financial assistance for qualifying properties subject to L.I.D. assessments. The program is available for low income property owners who own subdividable property. The property owner coveys development rights for the property to the City. In return, the assessment is reduced to that of a single undividable lot. To qualify, your estimated assessment must be at least 1.5 times greater than the single lot assessment. You must also live on the property and meet the requirements for the low income designation. If you are interested in this program, please contact the Engineering Department for further details. 5 lidinfo.wpd/MKV September 10, 1997 CITY OF KENT, WASHINGTON RESOLUTION NO. _ A RESOLUTION of the City Council of the City of Kent, Washington, declaring its intention to order the construction of an 8" sanitary sewer system in and near the 'Big K" Addition of the City, with side sewer stubs and related improvements, and to create a local improvement district to assess the cost and expense of carrying out those improvements against the properties specially benefited thereby; and notifying all persons who desire to object to the improvements to appear and present their objections at a hearing before the City Council to be held on March 3, 1998. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, as follows: Section 1. It is the intention of the City Council of the City of Kent, Washington, to order the improvement of the properties within the area described in Exhibit A, attached hereto and by this reference made a part hereof, by the construction of an 8" sanitary sewer system in and near the 'Big K" Addition of the City, with side sewer stubs and related improvements, as more fully described in Exhibit B, attached hereto and by this reference made a part hereof. All of the foregoing improvements shall be in accordance with the plans and specifications therefor prepared by the Director of Public Works of the City and may be modified by the City as long as that modification does not affect the purpose of the improvements. Section 2. The total estimated cost and expense of the improvements is declared to be $603,852.00, and approximately $66,044.40 of that cost and expense shall be paid by the City and the balance thereof (approximately $537,807.60) shall be bome by and assessed against the property specially benefited by the improvements to be included in a local improvement district 032048401 to be established embracing as nearly as practicable all the property specially benefited by the improvements. Actual assessments may vary from estimated assessments as long as they do not exceed a figure equal to the increased true and fair value the improvements add to the property. Section 3. The City Clerk is authorized and directed to give notice of the adoption of this resolution and of the date, time and place fixed for the public hearing to each owner or reputed owner of any lot, tract, parcel of land or other property within the proposed local improvement district by mailing such notice at least 15 days before the date fixed for public hearing to the owner or reputed owner of the property as shown on the rolls of the King County Assessor at the address shown thereon, as required by law. The City Clerk also is authorized and directed to give notice of the adoption of this resolution and of the date, time and place fixed for the public hearing to each owner or reputed owner of any lot, tract, parcel of land or other property outside of the proposed local improvement district that is required by the Federal Housing Administration as a condition of loan qualification to be connected to the proposed improvements, by mailing such notice at least 15 days before the date fixed for the public hearing to the owner or reputed owner of the property as shown on the rolls of the County Assessor at the address shown thereon, as required by law. This resolution also shall be published in at least two consecutive issues of the official newspaper of the City, the date of the first publication to be at least 15 days prior to the date fixed for the public hearing. Section 4. All persons who may desire to comment in support of or object to the improvements are notified to appear and present those comments or objections at a hearing before the City Council to be held in the Council Chambers in the City Hall in Kent, Washington, at 7:00 p.m. on March 3, 1998, which time and place are fixed for hearing all 0320484.01 -2- matters relating to the improvements and all comments thereon or objections thereto and for determining the method of payment for the improvements. All persons who may desire to comment thereon or object thereto should appear and present their comments or objections at that hearing. Any person who may desire to file a written protest with the City Council may do so within 30 days after the date of passage of the ordinance ordering the improvements in the event the local improvement district is formed. The written protest should be signed by the property owner and should include the legal description of the property for which the protest is filed and that protest should be delivered to the City Clerk. Section 5. The City's Director of Public Works is directed to submit to the City Council on or prior to March 3, 1998, all data and information required by law to be submitted. Passed at a regular open public meeting by the City Council of the City of Kent, Washington, this 3rd day of February, 1998. Concurred in by the Mayor of the City of Kent this day of February, 1998. JIM WHITE, MAYOR ATTEST: DONNA SWAW, ACTING CITY CLERK APPROVED AS T6 FORM: FOS R P R SHE ELMAN PLLC Special Counsel and Bond Counsel 0320484.01 -3- EXHIBIT 'A' LID 350 BIG 'K' SANITARY SEWER (124TH AVENUE SE & SE 270TH STREET) BOUNDARY LEGAL DESCRIPTION The East half of the Southeast quarter of the Southwest quarter of Section 28 Township 22 North Range 5 East W.M. and that portion of the Southwest quarter of Southeast quarter in said Section lying southerly of Kent Kangley Highway except the west 470.00 feet thereof lying northerly of Big K Addition as recorded in Volume 67, page 66 in King County, Washington. Lmv98006 EXHIBIT 'B' LID 350 BIG 'K' SANITARY SEWER (124TH AVE. SE AND SE 270TH ST.) SANITARY SEWER IMPROVEMENTS The proposed project is the construction of an 8" sanitary sewer system with side sewer stubs to the right of way line or easement line for each of the » properties included in the L.I.D. boundary. The construction will include 8" sewer at the following locations: ON FROM TO 124th Ave. SE SE 272nd St. approx.250 ft north SE 270th St. 124th Ave. SE approx.660 ft west 125th Ave. SE SE 270th St. approx.470 ft south 126th Ave. SE SE 270th St. southwesterly to cul-de-sac SE 270th St. 125th Pl. SE approx. 390 feet southeasterly 125th Pl. SE SE 270th St. northeasterly to end Easement SE 270th St. approx. 300 approx. 140 feet northeasterly feet east of 124th Ave. SE SE 270th St. SE 270th St.approx.300 125th Ave. SE feet east of 124th Ave. SE Easement approx.250 feet north of approx. 1600 feet southeasterly SE 270th St. (Note: This last listed easement location will be constructed as a 24 inch diameter truck sewer. The L.I.D. will fund the cost for an 8 inch diameter sewer. The City will fund the cost to upsize the main to 24 inch as part of a separate trunk main project which will extend the sanitary sewer to the L.I.D location.) Also included is street and general restoration. 350impro.wpd/MKV December 18, 1997 file 70.4 I, DONNA SWAW, Acting City Clerk of the City of Kent, Washington, certify that the attached copy of Resolution No. is a true and correct copy of the original resolution adopted on the 3rd day of February, 1998, as that resolution appears on the Minute Book of the City. DATED this — day of February, 1998. Donna Swaw, Acting City Clerk 0320484.01 Kent City Council Meeting Date February 3 1998 Category Consent Calendar SUBJECT: S. 196TH STREET CORRIDOR - WEST LEG - CONDEMNATION ORDINANCE 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, adoption of Ordinance No. -3,389 authorizing �1 condemnation by eminent domain proceedings on the property along a portion of S. 196th Street Corridor, between the Corridor's western terminus at its intersection with Orillia Road and the intersection with West Valley Highway, should negotiations fail. 3 . EXHIBITS: Public Works Committee minutes, ordinance 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 21, 1998 PRESENT: Tim Clark Don Wickstrom Connie Epperly Tom Brubaker Tom Brotherton ABSENT: Judy Woods S 196th Street Corridor - West Leg Condemnation Ordinance Brubaker stated the following. The City is underway with the S. 196th Street Corridor project which is a street widening project of 196th St from East Valley Highway to West Valley Highway, continuing on across the Green River terminating at Orillia Road in the vicinity of S. 200th Street. Next year we intend to construct the portion of this Corridor between West Valley Highway and Orillia Road. We have obtained most of the property necessary to do this street project however, we haven't obtained all. If we are unable to reach a settlement and purchase the property from the effected property owners,we will have to go to court and exercise the City's eminent domain authority to condemn the property. Under State law, if we wish to or need to condemn thru eminent domain in court proceedings, the first step is the passage of an ordinance by the City s legislative body that authorizes the condemnation and finds that it will service the public use. We try our best to negotiate with property owners; sometimes we fail and we then need to move fast in order to get the right-of-entry onto the property before the construction season begins. One of the delaying factors in filing a lawsuit is getting the ordinance passed. Brubaker asked for authorization from the Committee, to prepare a condemnation ordinance for those remaining parcels. We may or may not take it to the next Council meeting because we may continue to negotiate; however we would like to have the authority thru the Committee to condemn the remaining parcels. Using a wall map, Brubaker showed where the City has obtained most of the road right-of-way required as well as those remaining parcels yet to be obtained. He stated that we hope to negotiate and settle with those property owners and not have to go to court. In response to Brotherton, Brubaker stated that we will negotiate as long as possible. Brubaker stated that the portion from West Valley Highway to Orillia Road will be completed this construction season by approximately January 1, 1999. The segment from West Valley Highway to East Valley Highway will probably take an additional three years. In response to Clark, Wickstrom stated that completion time is unknown the 196th Corridor, from Benson Highway thru to the west. Wickstrom stated that there should 1 be three lanes open along the S. 277th Corridor in about 2-1/2 years. In response to Brotherton, Wickstrom explained that the first phase of the 196th Corridor is from West Valley to Orillia Rd.; the second phase is from West Valley to East Valley Highway (84th Avenue). The third phase, which is in our Growth Management Plan as a concurrency requirement (we have to build it before 2010) from SR515 (Benson Highway) to East Valley Highway. Wickstrom explained that if we get our LID formed in the early part of this year, which is a major LID in the north end of the Industrial area to help finance the first two phases, we will be able to proceed with construction of the phase from the Green River Bridge to West Valley Highway. All we need is the right-of-way including a wetland mitigation site and a Corps permit; the County is paying for that portion from the Green River Bridge to Orillia Rd., which is already funded - that would be constructed in 1998. On that portion between the two highways, construction of the bridge should be 1999 which is a multi-year bridge project which puts it into 2000. Wickstrom noted that all these dates given are approximate. In response to Clark, Wickstrom explained that the 228th Corridor is in our Six Year Plan and the initial phase, which would be the environmental studies should start approximately 2001. This is also a concuirency project which has been identified in our Growth Management Plan. Committee unanimously recommended adoption of an ordinance authorizing condemnation proceedings on those properties along a portion of the S. 196th Street Corridor West Leg should negotiations fail. Meeting adjourned: 4:00 p.m. 2 ORDINANCE NO. AN ORDINANCE of the City of Kent. Washington, providing for the acquisition of certain properties and/or property rights in order to construct, extend, widen, improve, alter, maintain and reconstruct the City's South 196th Street Corridor between the Corridor's western terminus at its intersection with Orillia Road and the intersection with West Valley Highway: providing for the condemnation, appropriation, taking and damaging of such property rights as are necessary for that purpose: providing for the payment thereof out of the 196th Corridor Project Fund (Fund R-82); and directing the City Attorney to prosecute the appropriate legal proceedings, together with the authority to enter into settlements, stipulations or other agreements:all of said property located within King County, Washington. THE CITY COUNCIL OF THE CITY OF KENT. WASHINGTON, ORDAINS AS FOLLOWS: SECTION 1. After hearing the report of Citv staff, and after reviewing the planned improvements for the South 196th Street Corridor Project between the Corridor's western terminus at its intersection with Orillia Road and the intersection with West Valley Highway (the "Project"),the City Council finds and declares that the public convenience, use, health, safety and necessity demand that the City of Kent condemn, appropriate, take and damage portions of certain real property located in King County. Washington, in order to acquire the necessary property and/or property rights for the construction of the Project, including all necessary appurtenances. These parcels are legally described in Exhibit A, I attached and incorporated by this reference (the "Property"). The purposes for which this condemnation is authorized shall include, without limitation, all acts necessary to complete the construction, extension, improvement, widening, alteration, maintenance and reconstruction of the Project, including improvements for drainage, curbs and gutters. sidewalks, bicycle paths. landscaping, illumination. signal improvements, electrical facilities, utilities, utility adjustments and relocations. and any other street or municipal purposes that may become necessary from time to time on the Property. SECTION 2. The City authorizes the acquisition by condemnation of all or a part of the Property for the construction, extension, improvement.widening, alteration, maintenance and reconstruction of the Project, including acquisition of property and/or property rights, together with all necessary appurtenances and related work to make a complete improvement according to City standards. SECTION 3. The City shall condemn the Property only after just compensation has first been made or paid into court for the owner or owners in the manner prescribed by law. SECTION 4. The City shall pay for the entire cost of the acquisition by condemnation provided for in this ordinance through the City's "196th Street Corridor Project" fund(Fund R-82) or from any of the City s general funds, if necessary, as may be provided by law. SECTION 5. The City authorizes and directs the City Attorney to commence those proceedings provided by law that are necessary to condemn the Property. In commencing these condemnation procedures. the City Council authorizes the City Attorney to enter into settlements, stipulations or agreements in order to minimize damages, which settlements, stipulations or agreements may include, but not be limited to, the amount of just compensation to be paid, the size and dimensions of the property 1) condemned, and the acquisition of temporary construction easements and other property interests. SECTION 6. Any acts consistent with the authority and prior to the effective date of this ordinance are ratified and confirmed. SECTION 7. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision. section or portion of this ordinance. or the invalidity of the application thereof to any person or circumstances shall not affect the validity of the remainder of this ordinance. or the validity of its application to other persons or circumstances. SECTION 8. This ordinance. being the exer ' a power specifically delegated to the City legislative body, is not subjec referendum. and shall take effect and be in force five (5) days after public ' n of the attached summary, which is hereby approved. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH. CITY ATTORNEY 3 PASSED the day of 1998. APPROVED the_day of 1998. PUBLISHED the _day of 1998. I hereby certify that this is a true and correct copy of Ordinance No. passed by the City Council of the City of Kent. Washington, and approved by the Mayor of the City of Kent as hereon indicated. BRENDA JACOBER, CITY CLERK P:TA W\0RDINANC\CONDEM06.196 Order No. 155321 -13 A.L.T.A. COMMITMENT SCHEDULE A Page 2 The land referred to in this commitment is situated in the county of King, state of Washington, and described as follows: PARCEL A: Lot 2 of Southcenter Corporate Park Short Plat I , as described and delineated on City of Kent Resolution No. SPC-80-14 and recorded under King County Recording Number 8012110583; EXCEPT that portion thereof conveyed to the City of Kent, by Recording Number 8012090012 as delineated on said Short Plat. PARCEL B: All of Lot 3 and a portion of Lot 4, as shown upon that certain map entitled Southcenter Corporate Park Short Plat I , in the City of Kent, King County, State of Washington, as recorded under Recording Number 8012110583 , said portion of Lot 4, described as follows: Beginning at the most westerly corner of said Lot 4; thence along the northwesterly line of said Lot, north 31038' 31" east, 398.97 feet to a northwesterly corner of said Lot 4 and the southerly line of Lot 2 of said Southcenter Corporate Park Short Plat I; thence along the northeasterly line of said Lot 4 and the southerly line of said Lot 2, south 58021' 26" east, 45 . 98 feet to the most southerly corner of said Lot 2; thence parallel with said northwesterly line of Lot 4, south 31038' 31" west, 371.42 feet to the southerly line of said Lot 4; thence along said southerly line, north 89°18' 01" west, 53 . 61 feet to the point of beginning; EXCEPT that portion of Lot 3 as conveyed to the .City of Kent by Recording Number 8012090012 as delineated on said short plat. END OF SCHEDULE A Kent City Council Meeting Date February 3 , 1998 Category Consent Calendar 1. SUBJECT: DRINKING DRIVER TASK FORCE - APPOINTMENT 2 . SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Mary Lou Becvar to serve as a member of the Kent Drinking Driver Task Force. Ms. Becvar will replace Nancy Woo, and her appointment will continue until 1/1/2001. Ms. Becvar is a long time Kent resident and serves as the Executive Director of the Kent Food Bank. She has served as a member of the Kent Human Services Commission and has been very involved with the Kent Historical Society. She is a member of Kent Soroptimists and currently serves as Secretary of Kent Kiwanis. She will be a valuable addition to the Task Force. 3 . EXHIBITS: Memorandum from Mayor White 4 . RECOMMENDED BY: Mayor White (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION- ACTION• Council Agenda Item No. 3E MEMORANDUM TO: LEONA ORR, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: JIM WHITE, MAYOIt%Q DATE: JANUARY 27, 1999 SUBJECT: APPOINTMENT TO KENT DRINKING DRIVER TASK FORCE I have appointed Mary Lou Becvar to serve as a member of the Kent Drinking Driver Task Force. Ms. Becvar is a long time Kent resident and serves as the Executive Director of the Kent Food Bank. She has served as a member of the Kent Human Services Commission and has been very involved with the Kent Historical Society. She is a member of Kent Soroptimists and currently serves as Secretary of Kent Kiwanis. She will be a valuable addition to the Task Force. Ms. Becvar will replaceNancy Woo. Her appointment will continue until 1/1/2001. I submit this for your confirmation. JW:jb Kent City Council Meeting Date February 3 , 1998 Category Consent Calendar 1. SUBJECT: HUMAN SERVICES COMMISSION - APPOINTMENT 2 . SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Rev. Perry Rock to serve as a member of the Kent Human Services Commission. Rev. Rock will represent the religious category on the Commission. He is the Minister at Trinity Reformed Church in Kent where he has served for nine years. Rev. Rock will replace Janer Wilford, who resigned, and his appointment will continue until 1/1/2001. Rev. Rock and his family reside in Kent. He is a member of Kent Rotary and served on the Board of Directors for Kent Youth and Family Services. He currently serves on the Multi Cultural Task Force. 3 . EXHIBITS: Memorandum from Mayor White 4 . RECOMMENDED BY: Mayor White (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS, 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3F MEMORANDUM TO: LEONA ORR, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: JIM WHITE, MAYOR DATE: JANUARY 27, 1998 SUBJECT: APPOINTMENT TO KENT HUMAN SERVICES COMMISSION I have appointed Rev. Perry Rock to serve as a member of the Kent Human Services Commission. Rev. Rock will represent the religious category on the Commission. He is the Minister at Trinity Reformed Church in Kent where he has served for nine years. Rev. Rock and his family reside in Kent. He is a member of Kent Rotary and served on the Board of Directors for Kent Youth and Family Services. He currently serves on the Multi Cultural Task Force. Rev. Rock will replace Janer Wilford, who resigned. His appointment will continue until I/1/2001. I submit this for your confirmation. JW:jb Kent City Council Meeting Date February 3 . 1998 Category Consent Calendar 1. SUBJECT: MILL CREEK DRAINAGE IMPROVEMENT AT BOWEN SCARFF - ACCEPTANCE 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, accept as complete the Mill Creek Drainage Improvements @ Bowen Scarff project and release of retainage to R. L. Alia Company upon standard releases from the State, and release of any liens. The original contract amount was $415, 264 . 68. The final construction cost was $405, 352 . 11. 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. 3G Kent City Council Meeting Date February 3 , 1998 Category Consent Calendar 1. SUBJECT: 42ND & REITH ROAD SIGNAL - ACCEPTANCE 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, accept as complete the 42nd Ave. & Reith Road Signal Remodel project and release of retainage to The 'V' Company upon standard releases from the State, and release of any liens. The original contract amount was $20, 610. 00. The final construction cost was $20, 610. 00. 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. 3H Kent city council Meeting Date February 3 . 1998 Category Consent Calendar 1. SUBJECT: ALLENBACH IV SU-96-31 - SET MEETING DATE 2 . SUMMARY STATEMENT: Set February 17, 1998, as the date for a public meeting to consider a preliminary plat application by Baseline Engineering, Inc. for Allenbach IV. 3 . EXHIBITS: None 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 DISCUSSION• ACTION: - Council Agenda Item No. 3I Kent City Council Meeting Date February 3 . 1998 Category Consent Calendar 1. SUBJECT: PACIFIC HEIGHTS SU-96-22 - SET MEETING DATE 2 . SUMMARY STATEMENT: Set February 17 , 1998, as the date for a public meeting to consider a preliminary plat application by Joe Singh for Pacific Heights. 3 . EXHIBITS: None 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 DISCUSSION• ACTION• Council Agenda Item No. 3J Kent City Council Meeting Date February 3 . 1998 Category Other Business 1. SUBJECT: 1997 COMPREHENSIVE PLAN AMENDMENTS & ZONING MAP CHANGES - ORDINANCE(S) 2 . SUMMARY STATEMENT: Adoption of an ordinance relating to 1997 Comprehensive Plan Amendments CPA-97-3 (A) , CPA-97-3 (B) , CPA-97-3 (F) , CPA-97-3 (H) , and adoption of an ordinance relating to Zoning Map Changes CPZ-97-11 CPZ-97-21 and CPZ-97-6. These ordinances would amend the comprehensive plan' s land use map designations and the zoning map designations of parcels of property more specifically identified in the ordinances, as well as amend the Capital Facilities Element of the Comprehensive Plan. At the request of the applicant, items CPA-97-3 (E) and CPZ-97-5 relating to property located at 11605 Kent-Kangley Road, have been removed from these ordinances and will be submitted to the Council at a later date following fulfillment of a condition to rezone set forth in the Land Use and Planning Board recommenda- tions approved by the Council on January 20, 1998 . 3 . EXHIBITS: Ordinances 4 . RECOMMENDED BY: city Council (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACCTION: Councilmember & +lk moves, Councilmember6 hAJ seconds adoption of Ordinance No. ,�Q relating to 1997 Comprehensive Plan Amendments CPA-97-3 (A) , CPA-97-3 (B) , CPA-97-3 (F) , CPA-97-3 (H) and adoption of Ordinance No. 3.-J!�L relating to Zoning Map changes CPZ-97-1, CPZ-97-2 , and CPZ-97-61 do a� DISCUSSION:U� // U ACTION• Council Agenda Item No. 4A ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending the City of Kent Comprehensive Plan to change the plan's land use map designation on three (3) sites: (1) from Mixed Use to Industrial for property located at 828 West Valley Highway (#CPA-97-3(A)); (2) from Low Density Multifamily Residential to Mixed Use for property located at the northeast side of 104th Avenue SE and SE 262nd Street(4CPA-97-3(B); (3)from Single Family Residential (SF-3) to Single Family Residential (SF-6) for property located east of 132nd Ave SE between SE 282nd Street and SE 276th Street (#CPA-97-3(F)); and amending the Capital Facilities Element of the Comprehensive Plan (#CPA-97-3(H)). WHEREAS, the Washington State Growth Management Act ("GMA") requires internal consistency among comprehensive plan elements and the Zoning Map; and WHEREAS, to assure that comprehensive plans remain relevant and up to date,the GMA requires each jurisdiction to establish procedures whereby amendments to the plan are considered by the City Council (RCW 36.70A.130(2)), and limits amendments to once each year unless an emergence :gists: and WHEREAS, the City of Kent has established a procedure for amending the Comprehensive Plan set forth in Chapter 12.02 of the Kent City Code which sets a deadline of September 1st of each year for acceptance of comprehensive plan amendments; and WHEREAS. by September 1, 1997, the City received applications to amend the comprehensive plan's land use plan map designation. Three of those applications involve properties located at: (1) 828 West Valley Highway; (2) the northeast side of 104th Avenue SE and SE 262nd Street; and (3) east of 1�2nd Avenue SE between SE 282nd Street and SE 276th Street. and WHEREAS, the property at 828 West Valley Highway is currently designated Mixed Use and the applicant is requesting a plan designation of Industrial; and WHEREAS, the property on the northeast side of 104th Avenue SE and SE 262nd Street is currently designated Low Density Multifamily Residential and the applicant is requesting a plan designation of Mixed Use; and WHEREAS, the property east of 132nd Avenue SE between SE 282nd Street and SE 276th Street is currently designated Single Family Residential (SF-3) and the applicants are requesting a plan designation of Single Family Residential (SF-6); and WHEREAS, the City of Kent Finance Department has submitted proposed amendments to the Capital Facilities Element of the comprehensive plan to update capital facilities inventories, financial information. and project summaries. and WHEREAS, the staff presented the requested comprehensive plan amendments for consideration by the City of Kent's Land Use and Planning Board on November 24. 1997; and WHEREAS, the City of Kent Land Use and Planning Board held a public hearing on the proposed comprehensive plan amendments on November 24. 1997; and WHEREAS. the proposed amendments are consistent with the standards of review for comprehensive plan amendments outlined in Section 12.02.050 of the Kent City Code: and WHEREAS, the City of Kent Land Use and Planning Board took public testimony, reviewed the proposed comprehensive plan amendments, and moved to recommend the approval of the amendments of the comprehensive plan designations and Capital Facilities Element Amendments to the full City Council. and WHEREAS, on January 20, 1998. the City Council for the City of Kent approved the Land Use and Planning Board's recommendation on comprehensive plan amendment#CPA-97-3(B) to amend the comprehensive plan designation of property at the northeast side of 104th Avenue SE and SE 262nd Street from a plan designation of Low Density Multifamily Residential to a plan designation of Mixed Use; and WHEREAS.. on January 20. 1998, the City Council for the City of Kent approved the Land Use and Planning Board's recommendation on comprehensive plan amendment#CPA-97-3(F)to amend the comprehensive plan designation of property east of 132nd Avenue SE between SE 282nd Street and SE 276th Street from a plan designation of Single Family Residential (SF-3) to a plan designation of Single Family Residential (SF-6); and WHEREAS, on January 20, 1998. the City Council for the City of Kent approved the Land Use and Planning Board's recommendation on the Capital Facilities Element Amendment#CPA-97-3(H); NOW. THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT. WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION]. The City of Kent Comprehensive Plan adopted by Ordinance No. 3222, as subsequently amended, is hereby amended to establish new plan designations for the following parcels: A. For the property of approximately 4.65 acres located at 828 West Valley Highway, Kent, Washington from a plan designation of Mixed Use to Industrial as depicted in the map attached as Exhibit A and incorporated herein by this reference (#CPA-97-3(A)). B. For the property of approximately 3.68 acres located on the northeast side of 104th Avenue SE and SE 262nd Street. Kent. Washington, from a plan designation of Low Density Multifamily Residential to Mixed Use as depicted in the map attached hereto as Exhibit B and incorporated herein by this reference #(CPA-97- 3(B)). C. For the property of approximately 53.5 acres located east of L32nd Avenue SE between SE 282nd Street and SE 276th Street from a plan designation of Single Family Residential (SF-3) to Single Family Residential (SF-6) as depicted in the map attached as Exhibit D and incorporated herein by this reference (4CPA-97- 3(F)). SECTION 2. The Capital Facilities Element of the City of Kent Comprehensive Plan is hereby amended as set forth in Exhibit E. attached hereto and incorporated herein by this reference (4CPA-97-3(H)). 4 SECTION 3. - Severabilitv Clause. If any one or more sections. sub- sections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION4. -Effective Date. This Ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. JIM WHITE. MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED day of 1998. APPROVED day of 1998. PUBLISHED day of , 1998. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent. Washington. and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK V LA"\ORDMANC'.CPA97-;.ORD 5 city of Kent - Planning Department 3 S i W � J , Cr-- 3 II o - i "^ RTON ST . ) i I ---- ---- - - ' - \ \ --L'D APPLICATION NAME: Anderson EXHIBIT A NUMBER: #CPA-97-3 (A) DATE: February 3, 1998 REQUEST: Comprehensive Plan Amendment LE END A Application site MIXED USE TO INDUSTRIAL Plan boundary City limits City of Kent - Planning Department �DMF 8 . u -- eID j LDMF ul � ------ I �` ur CL_ j 17 D M 1 APPLICATION NAME: Sanders EXHIBIT B NUMBER: #CPA-97-3 (B) DATE: February 3, 1998 F...,.,QUEST: Comprehensive Plan Amendment LEGEND A Application site MM LOW DENSITY MULTIFAMILY TO MIXED USE Plan boundary City limits rrT-r-T*T 71 • MIT Lq Lc Alt L ey j „ru r I I r EXHIBIT E Date: November 10, 1997 To: Land Use & Planning Board Members From: Mayene Miller, Finance Director Subject: Proposed Changes to Capital Facilities Element of Kent Comprehensive Plan The following is a summary of the proposed changes to the Capital Facilities Element of the City of Kent Comprehensive Plan. Introduction / Background and Analysis The only change proposed on pages 8-1 thru 8-6 is to update the six year plan period from 1997 -2002 to 1998 - 2003. Current Facilities Inventory Corrections Facility The contract with the Federal Marshall's Office no longer provides 20 beds for Federal prisoners. The contract has been revised to provide beds on an intermittent basis only. Fire and Emergency Services No Changes Police/Fire Training Center No Changes City Administrative Office - General Government No Changes City Administrative Offices - Police Headquarters No Changes City Maintenance Facilities No Changes Parks and Recreation Facilities The City of Kent inventory of park land is now 125.4 acres of neighborhood park land and 942.3 acres of community park land. This is a decrease of 51.6 acres, primarily due to an acreage adjustment for Interurban Trail, which was over stated by 61.1 acres. The decrease is offset by additional land purchases. Some parks were also reclassified from neighborhood to community. Golf Courses No Changes Sanitary Sewer Facilities No Changes Stormwater Management Facilities The total drainage area has increased from 25.42 square miles to 28 square miles. Water Supply, Distribution, and Storage Facilities No Changes Transportation Facilities The City's current road system inventory is 642 lane miles and is divided into four major categories of roads. The approximate breakdown is 32.1 lane miles of principal arterials, 96.3 lane miles of minor arterials, 96.3 lane miles of collector arterials and 417.3 lane miles of local road. In the past, the inventory listed in the comprehensive plan has shown land miles. The change to lane miles was done to reflect the inventory method used by Public Works. The pedestrian transportation inventory will be updated when the physical inventory is completed in t998. The following maps are currently being revised to show the above inventory changes: Figure 8.1 Public Services and Facilities Figure 8.2 Sewer System Figure 8.3 Storm Drainage Service Area Figure 8.4 Water System Figure 10.1 Parks and Recreation Facilities (Parks Element) Figure 10.2 Existing Trails (Parks Element) Analysis of Impacts Tables 8.1 and 8.2 in the Analysis of Impacts section (pages 8-13 and 8-14) are updated to reflect the 1998 - 2003 Capital Facilities Plan. Total project costs have increased from $181,516,000 for 1997 - 2002 to $200.898,000 for 1998 - 2003. Level of Service Consequences of the CFP The levels of service on page 8-15 are currently being evaluated. Capital Facilities Goals and Policies Police CFP-6.2 on page 8-26 is corrected to show that sanitary sewer and water services can be provided either by the City of Kent or Districts after annexation. EXHIBIT E Date: November 10, 1997 To: Land Use & Planning Board Members From: Mayene Miller, Finance Director Subject: Proposed Changes to Capital Facilities Element of Kent Comprehensive Plan The following is a summary of the proposed changes to the Capital Facilities Element of the City of Kent Comprehensive Plan. Introduction /Background and Analysis The only change proposed on pages 8-1 thru 8-6 is to update the six year plan period from 1997 -2002 to 1998 - 2003. Current Facilities Inventory Corrections Facility The contract with the Federal Marshall's Office no longer provides 20 beds for Federal prisoners. The contract has been revised to provide beds on an intermittent basis only. Fire and Emergency Services No Changes Police/Fire Training Center No Changes City Administrative Office - General Government No Changes City Administrative Offices - Police Headquarters No Changes City Maintenance Facilities No Changes Parks and Recreation Facilities The City of Kent inventory of park land is now 125.4 acres of neighborhood park land and 942.3 acres of community park land. This is a decrease of 51.6 acres, primarily due to an acreage adjustment for Interurban Trail, which was over stated by 61.1 acres. The decrease is offset by additional land purchases. Some parks were also reclassified from neighborhood to community. Golf Courses No Changes Sanitary Sewer Facilities No Changes Stormwater Management Facilities The total drainage area has increased from 25.42 square miles to 28 square miles. Water Supply, Distribution, and Storage Facilities No Changes Transportation Facilities The City's current road system inventory is 642 lane miles and is divided into four major categories of roads. The approximate breakdown is 32.1 lane miles of principal arterials, 96.3 lane miles of minor arterials, 96.3 lane miles of collector arterials and 417.3 lane miles of local road. In the past, the inventory listed in the comprehensive plan has shown land miles. The change to lane miles was done to reflect the inventory method used by Public Works. The pedestrian transportation inventory will be updated when the physical inventory is completed in 1998. The following maps are currently being revised to show the above inventory changes: Figure 8.1 Public Services and Facilities Figure 8.2 Sewer System Figure 8.3 Storm Drainage Service Area Figure 8.4 Water System Figure 10.1 Parks and Recreation Facilities (Parks Element) Figure 10.2 Existing Trails (Parks Element) Analysis of Impacts Tables 8.1 and 8.2 in the Analysis of Impacts section (pages 8-13 and 8-14) are updated to reflect the 1998 - 2003 Capital Facilities Plan. Total project costs have increased from $181,516,000 for 1997 - 2002 to $200,898,000 for 1998 - 2003. Level of Service Consequences of the CFP The levels of service on page 8-15 are currently being evaluated. Capital Facilities Goals and Policies Police CFP-6.2 on page 8-26 is corrected to show that sanitary sewer and water services can be provided either by the City of Kent or Districts after annexation. CHAPTER EIGHT CAPITAL FACILITIES ELEMEAT CHAPTER EIGHT CAPITAL FACILITIES ELEMENT INTRODUCTION The capital facilities element contains a summary of the Capital Facilities Plan (CFP) for the City of Kent. The element consists of the following information: (1) statements of requirements, level-of-service (LOS) standards, guidelines, and criteria that are used to develop and implement the CFP; (2) inventories of existing facilities; (3) maps showing the locations of existing facilities; and (4) a list of proposed capital projects, including a financing plan, future operating costs, and reconciliation of project capacity and LOS standards. The complete CFP and supporting documents are available for review at the City of Kent Planning Department. The CFP is a required element of the City's comprehensive plan, mandated by the Washington State Growth Management Act (GMA). The GMA requires cities and counties to approve and maintain a CFP which includes requirements for specific types of capital facilities, LOS standards, financial feasibility, and assurance that adequate facilities will be provided as development occurs. As required by the GMA, the CFP is a 6-year plan for capital improvements that support the City's current and future population and employment growth. It contains LOS standards for each public facility, and requires that new development is served by adequate facilities. The CFP also contains broad goals and specific policies that guide and implement the provision of adequate public facilities. The capital facilities element is the element that makes real the rest of the comprehensive plan. By establishing LOS as the basis for providing capital facilities and for achieving concurrency, the CFP determines the quality of life in the community. The requirement to fully finance the CFP provides a reality check on the vision set forth in the comprehensive plan. The capacity of capital facilities that are provided in the CFP affects the size and configuration of the urban growth area. The purpose of the CFP is to use sound fiscal policies to provide adequate public facilities in a manner consistent with the land use element and at a time concurrent with KENT COMPREHENSIVE PLAN 8-1 CAPITAL FACILITIES ELEMENT CHAPTER EIGHT (or prior to) the impacts of development. These capital facilities propose to achieve and maintain adopted standards for LOS in order to maintain the quality of life for existing and future development. The plan fulfills the GMA requirement for facilities planning; but, in addition, the plan serves as a base for good city management and establishes eligibility for grants and loans. It provides coordination among the City's many plans for capital improvements, including other elements of the comprehensive plan, master plans of departmental service providers, and facilities plans of the state, the region. and adjacent local jurisdictions. Requirements of the Growth Management Act The GMA requires the CFP to identify public facilities that willbe required during the six years following adoption of the new plan (1999 through . The CFP must include the location and cost of the facilities, and the sources of revenue that will be used to fund the facilities. The CFP must be financially feasible; in other words, dependable revenue sources must equal or exceed anticipated costs. If the costs exceed the revenue, the City must reduce its level of service, reduce costs, or modify the land use element to bring development into balance with available or affordable facilities. Other requirements of the GMA mandate forecasts of future needs for capital facilities and the use of standards for levels of service of facility capacity as the basis for public facilities contained in the. CFP [see RCW 36.70A.020 (12)]. As a result, public facilities in the CFP must be based on quantifiable, objective measures of capacity, such as traffic- volume capacity per mile of road and acres of park per capita. One of the goals of the GMA is to have capital facilities in place concurrent with development. This concept is known as concurrency (also called "adequate public facilities"). In the City of Kent, concurrency requires 1) facilities which serve the development to be in place at the time of development (or for some types of facilities, a financial commitment to be made to provide the facilities within a specified period of time) and 2) facilities which serve the development to have sufficient capacity to serve the development without decreasing LOS below minimum standards adopted in the CFP. The GMA requires concurrency for transportation facilities. The GMA also requires all other public facilities to be "adequate" [see RCW 19.27.097, 36.70A.020, 36.70A.030, and 58.17.1101. Concurrency management procedures will be developed to ensure that sufficient public facility capacity is available for each proposed development. 8- KENT COMPREHENSIVE PLAN- Revision #1 (10197) CHAPTER EIGHT CAPITAL FACILITIES ELEMEAT After the CFP is completed and adopted as pan of the comprehensive plan, the City must adopt development regulations to implement the plan. The development regulations will provide detailed regulations and procedures for implementing the requirements of the plan. Each year, the City must update the CFP. The annual update will be completed before the City's budget is adopted in order to incorporate into the budget the capital improvements from the updated CFP. BACKGROUND AND ANALYSIS LOS (SCENARIO-DRIVEN) METHOD OF ANALYSIS Explanation of Levels of Service Levels of service usually are quantifiable measures of the amount of public facilities that are provided to the community. Levels of service also may measure the quality of some public facilities. Typically, measures of LOS are expressed as ratios of facility capacity to demand (i.e., actual or potential users). The following chart lists examples of LOS measures for some capital facilities. Type of Capital Facility Sample LOS Measures Corrections Beds per 1,000 population Fire and Rescue Average response time Hospitals Beds per 1,000 population Law Enforcement Officers per 1,000 population Library Collection size per capita Building square feet per capita Parks Acres per 1,000 population Roads and Streets Ratio of actual volume to design capacity Schools Square feet per student Sewer Gallons per customer per day KENT COMPREHENSIVE PLAN g.j CAPITAL FACILITIES ELEMtNf CHAPTER EIGHT Effluent quality Solid Waste Tons (or cubic yards) per capita or per customer Surface Water & River Levees Design storm (i.e., 100-year storm) Runoff water quality Transit Ridership Water Gallons per customer per day Water quality Each of these LOS measures needs one additional piece of information: the specific quantity that measures the current or proposed LOS. For example, the standard for parks might be 5 acres per 1,000 population; but the current LOS may be 2.68 acres per 1,000, which is less than the standard. In order to make use of the LOS method, the City selects the way in which it will measure each facility (i.e., acres, gallons, etc.). It also identifies the amount of the current and proposed LOS standard for each measurement. There are other ways to measure the LOS of many of these capital facilities. The examples in the previous chart are provided to give greater depth to the following discussion of the use of LOS as a method for determining the City's need for capital facilities. Method for Using Levels of Service The LOS method answers two questions in order to develop a financially-feasible CFP. The GMA requires the CFP to be based on standards for service levels that are measurable and financially feasible for the six fiscal years following adoption of the plan. The CFP must meet the City's capital needs for the fiscal years 19}7 through 2%2. 19`S DM3 The two questions that must be answered in order to meet the GMA requirements are: (1) What is the quantity of public facilities that will be required by the end of the 6th year (i.e., 2%2- )? 2(�3 (2) Is it financially feasible to provide the quantity of facilities that are required by the end of the 6th year (i.e., 2-992)? '30d--� g_q KENT COMPREHENSIVE PLAN- Revision #1 (10197) CHAPTER EIGHT CAPITAL FACILITIES ELEMEAT The answer to each question can be calculated by using objective data and formulas. Each type of public facility is examined separately (i.e., roads are examined separately from parks). The costs of all the types of facilities then are added together in order to determine the overall financial feasibility of the CFP. A detailed explanation of the formulas used is contained in the Capital Facilities Plan. One of the CFP support documents, Capital Facilities Requirements, contains the results of the use of this method. Setting the Standards for Levels of Service Because the need for capital facilities is determined largely by the adopted LOS, the key to influencine the CFP is to influence the selection of the LOS standards. LOS standards are measures of the quality of life of the community. The standards should be based on the community's vision of its future and its values. Traditional approaches to capital facilities planning rely on technical experts (i.e., staff and consultants) to determine the need for capital improvements. In the scenario-driven approach, these experts play an important advisory role, but they do not control the determination. Their role is to define and implement a process for the review of various scenarios, to analyze data, and to make suggestions based on technical considerations. The final, legal authority to establish the LOS rests with the City Council because the City Council enacts the LOS standards that reflect the community's vision. The City Council's decision should be influenced by recommendations of the 1) Planning Commission; 2) providers of public facilities (i.e., local government departments, special districts, private utilities, the State of Washington, tribal governments, etc.); 3) formal advisory groups that make recommendations to the providers of public facilities (i.e., community planning groups); 4) the general public through individual citizens and community civic, business, and issue-based organizations that make their views known or are sought through sampling techniques. The scenario-driven approach to developing the LOS standards provides decision-makers and anyone else who wishes to participate with a clear statement of the outcomes of various LOS for each type of public facility. This approach reduces the tendency for decisions to be controlled by expert staff or consultants, opens up the decision-making process to the public and advisory groups, and places the decisions before the City Council. KENT COMPREHENSIVE PLAN S-S CAPITAL, FACILITIES ELEMEn! CHAPTER EIGHT Selection of a specific LOS to be the "adopted standard" was accomplished by a 12-step process: - (1) The "current" (1993), actual LOS were calculated. (2) Departmental service providers were given national standards or guidelines and examples of LOS from other local governments. (3) Departmental service providers researched local standards from City studies, master plans, ordinances, and development regulations. (4) Departmental service providers recommended a standard for the City of Kent's CFP. (5) The first draft of Capital Facilities Requirements forecasted needed capacity and approximate costs of two LOS scenarios (e.g., the 1993 actual LOS and the department's recommended LOS). (6) The City Council reviewed and commented on the first draft of Cagital Facilities Requirements. (7) The Operations department prepared a follow-up Capital Facilities evel of Service/Cost 0 to ions report which identified five alternative LOS options, or scenarios, to forecast the amount of capital facilities that would be most appropriate for the City of Kent during the 6-year growth period 1994-1999. This report complements Capital Facilities Reouirements, which was reviewed with the City Council November 30, 1993, and not only identifies LOS options but also includes specific recommendations from the Operations department. (8) The City Council reviewed and commented on Capital Facilities evel of Service/Cost Options and indicated their preferences for LOS and noncapacity capital projects to be included in the first draft of the CFP. (9) Departmental service providers prepared specific capital improvements projects and estimates of related maintenance and operating costs to support the City Council's preferred LOS and noncapacity projects. (10) The first-draft CFP was prepared using the City Council's preferred LOS and noncapacity projects. The LOS in the first-draft CFP served as the basis for capital projects, their costs, and a financing plan necessary to pay for the costs. (11) The draft CFP was reviewed/discussed during City Council and Planning Commission workshop(s) prior to formal reading/hearing of the CFP by the City Council. (12) The City Council formally adopted LOS as part of the CFP. 8-6 KENT COMPREHENSIVE PLAN- Revision #1 (10/97) CHAPTER EIGHT CAPITAL FACILITIES ELEMENT Every year, as required by the Growth Management Act, department service providers reassess land use issues, level of service standards. and projected revenues to determine what changes, if any are needed. CURRENT FACILITIES INVENTORIES CORRECTIONAL FACILITY The Kent Correction Center is managed by the Kent Police Department. The current inventory of the Correctional Facility totals 130 beds. The Center is located at 1201 Central in the City. An intergovernmental contract with the Federal Marshall's Office currently allows the City to provide - bsds -�or l= xoSLpr�sc sxs a+;\ The geographic location of the Correctional Facility is found on Figure 8.1. I h�zx► t FIRE AND EMERGENCY SERVICES The Kent Fire Department is responsible for delivering fire protection and emergency medical services to the City, and to the geographic area within King County fire District #37. The City owns six (6) fire stations: Station 71 (south); Station 72 (east), Station 73 (west); Station 74 (east); Station 75 (east); and Station 76 (north). Each station is equipped with at least one fire/aid unit which consists of a pumper truck with emergency medical service/rescue equipment and manpower, and each station has a future capacity for three units. The table below lists each station, fire/aid units in service, total capacity, and average response time: Name of Station Fire/Aid Units in Service Total Capacity (Bays) Location Station 71 1 3 South Station 72 2 3 East Station 73 1 3 West Station 74 1* 3 East Station 75 1 3 East Station 76 1 3 North *Ladder Truck King County Fire District #37 owns one fire station: Station 77 (Kentridge), with one fire/aid unit in service and capacity for two. KENT COMPREHENSIVE PLAN- Revision ""1 (10/97) 8-7 CAPITAL FACILITIES ELEML,,T CHAPTER EIGHT The geographic locations of the Fire and Emergency Services facilities are found on Figure 8.1. POLICE/FIRE TRAINING CENTER The Police/Fire Training Center is located on East Hill at 24611 116th Avenue SE. The Center, housed in an 8,000 square foot building, provides audio and visual equipment and other facilities fof in-service training for City of Kent police officers and fire fighters. Instruction is conducted by Kent Police and Fire Department personnel, and by nationally known instructors from organizations such as the International Association of Police Chiefs and the State Fire Service. In addition to providing a facility for training City of Kent personnel, the training center also accommodates a satellite training program sponsored by the Washington State Criminal Justice Training Commission. The geographic locations of the police/fire training facilities are found on Figure 8.1. CITY ADMINISTRATIVE OFFICES - GENERAL GOVERNMENT The City of Kent Operations Department manages several facilities and buildings necessary to the administrative and maintenance functions of the City. These include City Hall and the City Council Chambers, the Centennial Center. the Municipal Court facility, and City maintenance shops. The table below lists the name, location and capacity of each facility: NAME LOCATION CAP t;CITY (Squat:- Feet) City Hall 220 4th Avenue South 3 3,100 Centennial Center 400 West Gowe 71,949 Municipal Court 302 West Gowe 4,251 The geographic locations of the City administrative facilities are found on Figure 8.1. 8-8 KENT COMPREHENSIVE PLAN-Revision NI (10197) CHAPTER EIGHT CAPITAL FACILITIES ELEMEA7 CITY ADMINISTRATION OFFICES - POLICE HEADQUARTERS The inventory of City administrative offices for the Police Department headquarters totals 18,000 square feet, and is located at 232 4th Avenue South in downtown Kent. The geographic location of the Police Headquarters is found on Figure 8.1. CITY MAINTENANCE FACILITIES The total area of city government maintenance facilities totals 22,558 square feet. and includes the Public Works maintenance shops (17,173 squart feet) and Park and Recreation Department maintenance shops (5,385 square feet). The Police Vehicle Storage facilin, (3,600 square feet), which is an open, uncovered vard is not included in this inventory. The geographic location of the City Maintenance facilities is found on Figure 8.1 PARKS AND RECREATION FACILITIES 94a.3 The City of Kent owns and manages ,47.2 acres of neighborhood park land and 972-6 acres of community park land within the current City limits. King County owns 0.5 acres. Within the unincorporated Urban Growth Area (UGA) of Kent, King county owns 720.3 acres of park land. The Park and Recreation Department manages a wide variety of facilities located on park land, including the Senior Center, Kent Commons, Special Populations Resource Center, play fields, and trails. A detailed inventory of current parks and recreation facilities is contained in the Comprehensive Park and Recreation Plan. The geographic locations of the parks and recreational facilities are found on Figures 10.1 and 10.2 of the parks element. GOLF COURSES The inventory of current City golf courses includes the following: NAME LOCATION CAPACITY (HOLES) Par 3 Golf Course 2030 West Meeker 9 18 Hole Golf Course 2019 West Meeker 18 KENT COMPREHENSIVE PLAN- Revision #1 (10197) 8-9 CHAPTER EIGHT CAPITAL FACILITIES ELEMENT The geographic locations of the golf course facilities are found on Figure 10.1 of the parks element. SANITARY SEWER FACILITIES The sewer service area of the City of Kent encompasses 23 square miles, and includes most of the incorporated City, as well as adjacent franchise areas within unincorporated King County. Since the existing collection system already serves most of the City's service area. expansion of this system will occur almdst entirely by infill development, which will be accomplished primarily through developer extensions and local improvement districts. In is sized based on existing standards which will carry general, the existing sewer system peak flows which will be generated by the service area for ultimate development. However. the City of Kent Comprehensive Sewerage Plan has identified various undersized lines. as well as others that require rehabilitation. A complete inventory of Sanitary Sewer facilities is found in the City of Kent Comprehensive Sewerage Plan. The Municipality of Metropolitan Seattle (Metro) has assumed the responsibility for interception, treatment, and disposal of wastewater from the City of Kent and its neighboring cornmunities. Therefore, the City does not incur any direct capacity-related capital facilities requirements or costs for sanitary sewer treatment. The voluminous inventory of current Sanitary Sewer facilities is on file with the City's Department of Public Works. The geographic locations of the sanitary sewer facilities are found on Figure 8.2. STORMWATER MANAGEMENT FACILITIES The City of Kent lies primarily within the Green River Watershed, which encompasses 480 square miles and the total drainage area of the City is 2-r.-4-2- square miles which includes most of the incorporated city, as well as the adjacent franchise areas within unincorporated King County. The eight major watershed areas include (1) Green River; (2) Lake Fenwick; (3) Midway; (4) Mill Creek (Kent); (5) Mill Creek (Auburn); (6) Mullen Slew; (7) Springbrook-Garrison Creek; (8) Star Lake. The City has operated a stormwater utility since 1981 as a means of financing the construction, operation. and maintenance of the surface water management program. Conveyance systems in both the "hillside" and "valley" areas must convey at minimum the 25 year storm event. The 5-10 KENT COMPREHENSIVE PLAN- Revision #1 (10197) CHAPTER EIGHT CAPIT;tL FACILITIES ELEME.%7 standards include requirements to provide water quality control recommended by the "State Department of Ecology Stormwater Management Manual". The voluminous inventory of current stormwater management facilities is on file with the City's Department of Public Works. The geographic locations of the stormwater management facilities are found on Figure 8.3. WATER SUPPLY, DISTRIBUTION; AND STORAGE FACILITIES The water service area of the City encompasses 27 square miles. This area includes most of the incorporated City, as well as adjacent franchise areas within unincorporated King County. To the east, the service area boundary coincides with the boundary of Water District No. 111 and Soos Creek Sewer and Water District. To the north, the service area boundary coincides with the mutual Kent/Renton and Kent/Tukwila city limits. To the west, it coincides with Highline Water District's boundary, and to the south, the City's service area boundary coincides with the City of Auburn, and Federal Way Sewer and Water District. The principal sources of water supply for the City's water system are Kent Springs and Clark Springs. During high demand periods, the capacity of these two sources is exceeded, and supplemental well facilities are activated. These sources are adequate to meet peak day demands; however, during an extreme dry/hot spell, the City purchases water from adjacent purveyors. Water system interties are presently available with Highline Water District, Tukwila, and Renton during such emergency situations; however, these sources are not considered to be dependable for meeting long-term demand requirements. A new open storage reservoir is proposed to be located on a site near 124th Avenue SE and SE 304th Street. The City also plans a future intertie with Tacoma's pipeline 5 project. The water distribution system exists throughout most of the City's service area. Expansion will take place almost entirely through infill development, which will be accomplished primarily through developer extensions. Most of the remaining projects in the City's most recent water system Plan consist primarily of water main replacements and upsizing in older portions of the system. A Comprehensive Water System Plan update is required by the Washington State Department of Social and Health Services (DSHS) every five years. The City's most recent Water System Plan (completed in 1988 and amended in 1990) has been approved by DSHS. This plan was completed in conjunction with the Critical Water Supply Plan for the South King County area. An update of the Comprehensive Water System Plan is scheduled in 1997. A detailed inventory of current water system facilities, KENT COMPREHENSIVE PLAN- Revision #1 (10197) 3-11 CAPITAL FACILITIES ELEMENT CHAPTER EIGHT and City water rights records are on file with the City's Department of Public Works. The voluminous inventory of current stormwater management facilities is on file with the City's Department of Public Works. The geographic locations of water distribution facilities are found on Figure 8.4. TRANSPORTATION FACILITIES (,4a The City's road system current inventor yTsiTa-Tt PV'WtAW o�mat�e�l� totalY� miles for four major categories of roads; �@ Prmctpa�7 arterials; ` #�� �s 37.1 Laru-r .-ILZ of minor arterials; 94.4 ffiiies of collector arterials, and t& of local roa s. There 9v-3 La,.Q_rr�:1�S t1�.3 lo>�rv.11cs are nine bridges in Kent. In 1993, transportation networks for pedestrians include: Widened shoulder 19.35 miles Gravel Paths 28.31 miles Asphalt sidewalks 4.69 miles Concrete sidewalks 108.56 miles Pathways 21.01 miles The pedestrian transportation inventory will be updated after a physical inventory 9 th iq a atio or :r .,brad. 1S The geographic locations of major transportation facilities are found on Figure 9.1 of the transportation element. PUBLIC EDUCATION FACILITIES Most of Kent's residential areas are served by the Kent School District. the Renton School District serves students from an area of Kent near the north City limits, and Kent students from a section of the West Hill of Kent attend Federal Way Schools. Detailed inventories of school district capital facilities are contained in the capital facilities plan of each school district. The capital facilities plans of the Kent and Federal Way School Districts have been adopted as part of the City's Capital Facilities Element. The geographic locations of schools in Kent are found on Figure 8.1. PUBLIC LIBRARY FACILITIES The City of Kent is served by the Kin; County Library system in the Kent Library building at 212 2nd Avenue West, which was built in 1992. Detailed information regarding the King County Library System is contained in the King County Library System, The Year 2000 Plan, September 1992. The geographic location of the Kent Library building is found on Figure 8.1. S : KENT COMPREHENSIVE PLAN- Revision #1 (10197) CHAPTER EIGHT CAPITAL FACILITIES ELEMENT ANALYSIS OF IMPACTS The following section outlines the capital costs, financing, and levels of service for the public facilities which are provided by the City of Kent. This same information for the Kent and Federal Way School districts is available in the districts' capital facilities plans, which have been adopted by reference as part of the Capital Facilities Element. CAPITAL COSTS Table 8.1 1997 - 2002 Capital Facilities Plan Project Cost Statistics (In 000's) SUMMARY NON UTILITY PROJECTS TRANSPORTATION 1997 1998 1999 2000 2001 2002 TOTAL Corridors 13,393 13,529 13,163 3,085 5,479 1,180 49,828 Arterials 3,188 2,863 5,962 108 109 2,457 14,687 Intersection Improvements 55 350 149 554 Other Improvements 1.294 1,030 757 848 879 1.530 6.338 SUBTOTAL TRANSPORTATION 17,930 17,771 19,883 4,189 6,467 5,167 71,408 PUBLIC SAFETY Correctional Facility 118 25 143 Fire and Emergency Services 2,985 601 721 521 496 496 5,820 Police / Fire Training Center Police Administrative Offices SUBTOTAL PUBLIC SAFETY 3,103 626 721 521 496 496 5,963 PARKS AND RECREATION Neighborhood Park Recreational Land Community Park Recreational Land 1,200 1.200 Neighborhood Recreational Facilities 1,185 495 735 910 210 210 3,745 Community Recreational Facilities 1,069 4,857 30,220 295 479 295 37,215 Golf Complex 100 350 350 800 SUBTOTAL PARKS AND REC 2,354 5,702 32,505 1,205 689 505 42.960 GENERAL GOVERNMENT Information Services / Automation 6.072 6,072 Government Facilities - Buildings / Mtc 2,310 150 8,290 150 1,650 250 12,800 Other 127 55 59 62 66 70 439 SUBTOTAL GENERAL GOVERNMENT 8,509 205 8,349 212 1,716 320 19,311 TOTAL NON UTILITY PROJECTS 31,896 24,304 61,458 6,127 9,368 6,488 139,642 UTILITY PROJECTS Sanitary Sewer 2,813 1,259 5.589 281 291 303 10.536 Stormwater Management 5,941 4,669 3.154 949 460 478 15,651 Water Supply & Distribution 1320 -11 625 375 286 897 1,184 15,687 TOTAL UTILITY PROJECTS 10,074 17,553 9,118 1.516 1,648 1,965 4I,874 TOTAL CAPITAL PROJECTS 41,970 41,858 70,576 7,643 11,016 8,453 181,516 KENT COMPREHENSIVE PLAN- Revision #1 (10/97) S-1 S CAPITAL FACILITIES ELEMENT CHAPTER EIGHT FINANCING The revenue sources that are available to the City of Kent for capital facilities include taxes, fees and charges, and grants. Some sources of revenue for capital facilities can also be used for operating costs. A comprehensive list of revenue sources and a discussion of limitations on.the use of each revenue source is contained in the Capital Facilities Plan. Existing City revenues are not forecast, nor are they diverted to capital expenditures from maintenance and operations. The financing plan for these capital improvements includes the revenues listed in the pie chart below. The chart lists the major categories of Capital Improvement Projects (CIP) revenue sources and the amount contributed by each source. Table 8.2 City of Kent, Washington A- Capital Facilities Plan Z'0' a' p 03 REVENUES BY SOURCE AD- 1997-2002 CiP Revenues 10.457 5.8% Golf&Utility Fees 25.014 13.8% Sale of Property/Misc 2.721 1.5% Transportation 23.528 13.0% LIDS 15.693 8.6% =t Bonds&Grants 104.103 57.3% TOTAL REVENUE: SI81,516 TOTAL REVENUES (in 000's) Detailed project lists and financing plans are contained in the Capital Facilities Plan. 8-14 KENT COMPREHENSIVE PLAN- Revision #1 (10197) ANALYSIS OF IMPACTS CAPITAL COSTS ® D d Table 8.1 1998 - 2003 CAPITAL FACILITIES PLAN PROJECT COST STATISTICS (In Thousands) SUMMARY 1998 1999 2000 2001 2062 2003 TOTAL NON UTILITY PROJECTS TRANSPORTATION Corridors 15,820 19,250 7.420 600 1,200 1,500 45,790 Arterials 7,569 4,050 690 609 7,272 500 20,690 Intersection Improvements 750 650 450 1,300 0 250 3,400 Other Improvements 1,760 972 1.070 1.008 1,467 1.447 7.724 SUBTOTAL TRANSPORTATION 25,899 24,922 9,630 3.517 9,939 3,697 77,604 PUBLIC SAFETY Corrections Facility 0 0 25 0 0 0 25 Police Administration 80 110 0 0 0 0 190 Fire and Emergency Services 425 4,138 521 496 496 496 6.572 SUBTOTAL PUBLIC SAFETY 505 4,248 546 496 496 496 6,787 PARKS AND RECREATION Neighborhood Parks-Land 830 0 0 0 0 0 830 Community Parks-Land 2,015 1,675 1.200 0 0 250 5,140 Neighborhood Parks-Facilities 675 2.222 415 285 368 275 4,240 Community Parks-Facilities 2,931 5.427 16,459 472 2.309 1,292 28,890 SUBTOTAL PARKS AND RECREATION 6,451 9,324 1&074 757 2,677 1,817 39,100 GENERAL GOVERNMENT Facilities 4,350 2,613 7,368 4,860 523 362 20,076 Other 8.549 5,189 1,483 218 219 222 15.880 SUBTOTAL GENERAL GOVERNMENT 12,899 7,802 8,851 5,078 742 584 35,956 TOTAL NON UTILITY PROJECTS 45,754 46,296 37,101 9,848 13,854 6,594 159,447 UTILITY PROJECTS Sanitary Sewer 1,534 2,270 281 291 303 315 4,994 Stormwater Management 6,745 4,339 3,665 1,752 893 684 18,078 Water Supply&Distribution 2,426 1,677 7,542 3,615 1,915 1,204 18,379 TOTAL UTILITY PROJECTS 10,705 8,286 11,488 5,658 3,111 2,203 41,451 TOTAL CAPITAL PROJECTS 56,459 54,582 48,589 15,506 16,965 8,797 200,898 Table 8.2 Mm CITY OF KENT, WASHINGTON CAPITAL FACILITIES PLAN (In Thousands) REVENUES BY SOURCE 1998 - 2003 CIP Revenues Grants $14,241 7.1% $38,809 19.3% Street Revenues $22,285 11.1% LID's Utility Revenues $17,425 8.7% $21,084 10.5% Other $8,537 4.2% Bond Issues $78,517 39.1% TOTAL REVENUES: $200,898 CHAPTER EIGHT :APITAL FACIITTIES ELEMEM' LEVEL OF SERVICE CONSEQUENCES OF THE CFP faciiitics- � 1 s SQY�i C ll_ O_cLC i Y�i 3 our¢ Facility LOS Units 1993 LO CFP LOS Fire/Emergency Services Units/1,000 pop. 6..696 0.096 Neighborhood Rec. Facilities Investment/Capita S2 $151.52 Community Rec. Facilities Investment/Capita $496-26 $496.26 Sanitary Sewer Per DOE and METRO Regulations Stormwater Management Per State Regulations/King County Stds. Transportation N/A Water System Per DSHS Regulations/King County Stds Tha•-lo v7 f cP,•. ' f .1•.,. �n�-.:__ c .1. .n t, a 1 s �. n>^n. T1iG$L • ✓ 1JV✓ eFp T /ls City Maintenance Facilities Sq. Ft./1,000 pop. 539.9 625.0 The 19=1 of 8@4,w Ge fer the f n_.-._-_S faeilities will be d -- d (''if f the FD- -Fseili� PRAP65£D Correctional Facility Beds/1,000 pop. S71-i' 2.70 Police/Fire Training Center Sq. Ft./Employee _32-5• 28.3 City Admin. Offices Sq. Ft./1,000 pop. 1 $ 1,325.0 - General Government City Admin. Offices Sq. Ft./1,000 pop. 43t:-T 396.0 - Police Headquarters Neighborhood Park/ Acres/1,000 pop. a759- 2.53 Recreational Land Community Park/ Acres/1,000 pop. +8.80 18.19 Recreational Land Golf Courses Holes/1,000 pop. 8:651- 0.56 KE'NT COMPREHENSIVE PLAN 8-15 CAPITAL FACILITIES EL& rI CHAPTER EIGHT CAPITAL FACILITIES GOALS AND POLICIES 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. Goal CFP-2 - Encourage and support patterns of growth and development which are consistent with the City's Comprehensive Plan by concentrating capital facilities spending in those areas where growth is desired. Goal CFP-3 - Define types of public facilities, establish standards for levels of service for each type of public facility, and in coordination with the Comprehensive Plan Land Use Element, determine what capital improvements are needed in order to achieve and maintain the standards for existing and future populations, and to repair or replace existing public facilities. As growth and additional development occur in the City and adjacent growth areas, consistently reassess land use, update the capital facilities data, and use these data as a basis for making financial decisions regarding capital facilities investment. Identify alternatives to spending and establish priorities. Policy CFP-3.1 - Establish and maintain definitions of terms which apply throughout this Capital Facilities Plan and related documents. Place the definitions in the introduction to the Capital Facilities Plan and update them as necessary. Policy CFP-3.2 - The capital facilities provided within the City of Kent are defined in the introduction and categorized below as A., B., and C. facilities. Establish standards for levels of service for Categories A and B public facilities, and coordinate with providers of Category C public facilities. Apply the standards for Category A and B facilities and coordinate Category C facilities as follows: (i) Category A: Capital facilities owned or operated by the City of Kent. Apply the standards for levels of service of each type of public facility in Category A to development permits issued by the City (as set forth in the City's Concurrency Ordinance) after the adoption of the Comprehensive Plan, the City's annual budget beginning with the 1995 fiscal year, the City's Capital Improvements Program beginning with the 1995 fiscal year, and other elements of this Comprehensive Plan. 8_16 KENT COMPREHENSIVE PLAN CHAPTER EIGHT CAPITAL FACLII7ES ELEMENT Category B.• Capital facilities owned or operated by the Ciry of Kent, but not subject to requirements for concurrency. Apply the standards for levels of service of each type of public facility in Category B to the City's annual budget beginning with the 1995 fiscal year, the City's Capital Improvements Program beginning with the 1995 fiscal year, and other elements of this Comprehensive Plan. The standards for levels of service in Category B are for planning purposes only, and shall not apply to development permits issued by the City. Category C: Capital facilities owned or operated by federal, state, county, independent district, and private organizations. Coordinate levels of service and capacity with other entities who provide capital facilities within the City, such as libraries, Washington State Department of Transportation, school districts, and transit service providers. Policy CFP-3.3 - Provide standards for levels of service according to the following: (i) Category A Public Facilities Transportation facilities: Sanitary Sewer: State DOE and Metro Regulations Stormwater Management: State Regulations and King County Standards Water: DSHS Regulations and King County Standards Category B Public Facilities Fire and Emergency Services: 0.096 fire aid units per 1,000 population Law Enforcement: Correctional facility: 2.70 beds per 1,000 population Parks: Neighborhood Park/Recreational Land: 2.53 acres per 1,000 population Community Park/Recreational Land: 18.19 acres per 1,000 population Neighborhood Recreational Facilities: $151.52 investment per capita KENT COMPREHENSIVE PLAN 8-17 CAPITAL FACILITIES ELEM_ T CHAPTER EIGHT Community Recreational Facilities: $496.26 investment per capita Golf Courses: 0.56 holes per 1,000 population City Administrative Offices: City Hall: 1,325 square feet per 1,000 population Police Headquarters: 396 square feet per 1,000 population City Maintenance Facilities: 625 square feet per 1,000 population City Training Facilities: Police/Fire training center: 28.3 square feet per employee Policy CFP-3.4 - Determine the needed quantity of capital improvements as follows: The quantity of capital improvements needed to eliminate existing deficiencies and to meet the needs of future growth shall be determined for each public facility by the following calculation: Q = (S x D) - I. Where Q is the quantity of capital improvements needed, S is the standard for level of service, D is the demand, such as the population, and I is the inventory of existing facilities. Use the calculation for existing demand in order to determine existing deficiencies. Use the calculation for projected demand in order to determine needs of future growth. Policy CFP-3.5 - Consider the standards for levels of service to be the exclusive determinant of need for a capital improvement except in the following circumstances: (i) Repair, remodeling, renovation, and replacement of obsolete or worn-out facilities shall be determined by the City Council upon the recommendation of the Mayor. (ii) Capital improvements that provide levels of service in excess of the standards adopted in this Comprehensive Plan may be constructed or acquired at any time as long as the following conditions are met: (a) The capital improvement does not make financially infeasible any other capital improvement that is needed to 8-18 KENT COMPREHENSIVE PLAN CHAPTER EIGHT CAPITAL FACLIT7ES ELEMENT achieve or maintain the standards for levels of service adopted in this Comprehensive Plan, and (b) The capital improvement does not contradict, limit, or substantially change the goals or policies of any element of this Comprehensive Plan, and (c) The capital improvement meets one of the following conditions: The excess capacity is an integral part of a capital improvement that is needed to achieve or maintain standards for levels of service (i.e., the minimum capacity of a capital project is larger than the capacity required to provide the level of service), or The excess capacity provides economies of scale making it less expensive than a comparable amount of capacity if acquired at a later date, or ... The asset acquired is land that is environmentally sensitive, or designated by the City as necessary for conservation or recreation, or .... The excess capacity is pan of a capital project financed by general obligation bonds approved by referendum. Policy CFP-3.6 - Encourage non-capital alternatives to achieve and maintain the adopted standard for level of service. Non-capital alternatives, which use programs, strategies, or methods other than traditional "brick and mortar" capital facilities to provide the level of service standards, may include, but are not limited to the following: (1) programs that reduce or eliminate the need for the capital facility; (2) programs that provide a non-capital substitute for the capital facility; (3) programs that reduce the demand for a capital facility or the service it provides; (4)programs that use alternative methods to provide levels of service; (5)programs that use existing facilities more efficiently in order to reduce the need for additional facilities. Policy UP-3.7 - Include in the "CFP Projects and Financing Plan" contained in the Capital Facilities Plan any capital improvement that is determined to be needed as a result of any of the factors listed in Policy CFP-3.5. Approve all such capital improvements in the same manner as the capital improvements that are determined to be needed according to the quantitative analysis described in Policy CFP-3.4. KENT COMPREHENSIVE PLAN 8-19 CAPITAL FACILII7ES ELEML. . CHAPTER EIGHT Policy CFP-3.8 - Assign relative priorities among capital improvements projects as follows: (i) Priorities Among Types of Public Facilities. Legal restrictions on the use of many revenue sources limit the extent to which types of facilities compete for priority with other types of facilities because they do not compete for the same revenues. All capital improvements that are necessary for achieving and maintaining a standard for levels of service adopted in this Comprehensive Plan are included in the financially feasible "CFP Projects and Financing Plan" contained in the Capital Facilities Plan. The relative priorities among types of public facilities (i.e., roads, sanitary sewer, etc.) were established by adjusting the standards for levels of service and the available revenues until the resulting public facilities needs became financially feasible. Repeat this process with each update of the Capital Facilities Plan, thus allowing for changes in priorities among rypes of public facilities. (ii) Priorities of capital improvements within a type of public facility. Evaluate and consider capital improvements within a type of public facility using the following criteria and order of priority. Establish the final priority of all capital facility improvements using the following criteria as general guidelines. Use any revenue source that cannot be used for a high priority facility by beginning with the highest priority for which the revenue can be expended legally. (a) Reconstruction, rehabilitation, remodeling, renovation, or replacement of obsolete or worn-out facilities that contribute to achieving or maintaining standards for levels of service adopted in this Comprehensive Plan. (b) New or expanded facilities that reduce or eliminate deficiencies in levels of service for existing demand. (c) New public facilities, and improvements to existing public facilities, that eliminate public hazards if such hazards were not otherwise eliminated by facility improvements prioritized according to (a) or (b), above. (d) New or expanded facilities that provide the adopted levels of service for new development and redevelopment during the next six fiscal years, as updated by the annual review of the Capital Facilities Plan. The City may acquire land or right of way in advance of the need to develop a facility for new development. Ensure that the location of facilities constructed pursuant to this policy conform to the Land Use 8-20 KENT COMPREHENSIVE PLAN CHAPTER EIGH7 CAPITAL FAC=IES ELEMEA7 Element, and that specific project locations serve projected growth areas within the allowable land use categories. (e) Capacity of public facilities to serve anticipated new development and applicants for development permits shall be addressed in the Ciry's concurrency ordinance. 09 Improvements to existing facilities, and new facilities that significantly reduce the operating cost of providing a service or facility, or otherwise mitigate impacts of public facilities on future operating budgets. (g) New facilities that exceed the adopted levels of service for new growth during the next six fiscal years by either Providing excess public facility capacity that is needed by future growth beyond the next six fiscal years, or Providing higher-quality public facilities than are contemplated in the City's normal design criteria for such facilities. (h) Facilities not described in policies (a) through (g) above, but which the City is obligated to complete, provided that such obligation is evidenced by a written agreement the City executed prior to the adoption of this Comprehensive Plan. (iii) Evaluate all facilities scheduled for construction or improvement in accordance with this policy in order to identify any plans of state or local governments or districts that affect, or will be affected by, the Ciry's proposed capital improvement. (iv) Include in the project evaluation additional criteria that are unique to each rype of public facility, as described in other elements of this Comprehensive Plan. Goal CFP4 - To ensure financial feasibility, provide needed public facilities that the City has the ability to fund, or that the City has the authority to require others to provide. Policy CFP4.1 - In the estimated costs of all needed capital improvements, do not exceed conservative estimates of revenues from sources that are available to the City pursuant to current statutes, and which have not been rejected by KENT COMPREHENSIVE PLAN 8-21 CAPITAL FACILITIES ELEM. t" CHAPTER EIGHT referendum, if a referendum is required to enact a source of revenue. Conservative estimates need not be the most pessimistic estimate, but cannot exceed the most likely estimate. Revenues for transportation improvements or strategies must be "financial commitments" as required by the Growth Management Act. Policy CFP4.2 - Pay for the costs of needed capital improvements in the following manner: (i) Existing development shall pay for the capital improvements that reduce or eliminate existing deficiencies and for some or all of the replacement of obsolete or worn-our facilities. Existing development may pay a portion of the cost of capital improvements needed by future development. Payments may take the form of user fees, charges for services, special assessments, and taxes. (ii) Future development shall pay its fair share of the capital improvements needed to address the impact of such development. Transportation impact fees, water, sewer, storm water infrastructure fees, and the fee in lieu of parks shall continue as established "fair share" payments. Upon completion of construction, "future"development becomes "existing"development and shall pay the costs of the replacement of obsolete or worn-out facilities as described above. Payments may take the form of, but are not limited to, voluntary contributions for the benefit of any public facility, mitigation payments, impact fees, capacity fees, dedications of land, provision of public facilities, public/private partnerships, voluntary funding agreements, future payments of user fees, charges for services, special assessments, and taxes. Future development shall not pay impact fees for the portion of any public facility that reduces or eliminates existing deficiencies. (iii) Both existing and future development may have part of their costs paid by grants, entitlements, or public facilities from other levels of government and independent districts. Policy CFP4.3 - Finance capital improvements and manage debt as follows: (i) Finance capital improvements from City enterprise funds by: (a) Debt to be repaid by user fees and charges and/or connection or capacity fees for enterprise services, or 8-22 KENT COMPREHENSIVE PLAN CHAPTER EIGHT CAPITAL FACILITIES ELEMENT (b) Current assets (i.e., reserves, equity or surpluses, and current revenue, including grants, loans, donations and interlocal agreements), or (c) A combination of debt and current assets. (ii) Finance capital improvements by non-enterprise funds from either current assets (i.e., current revenue, fund equity and reserves), debt, or a combination thereof. Consider in the financing decisions which funding source (current assets, debt, or both) will be a) most cost effective, b) consistent with prudent asset and liability management, c) appropriate to the useful life of the project(s) to be financed, and d) the most efficient use of the City's ability to borrow funds. (iii) Do not use debt financing to provide more capacity than is needed within the "CFP Projects and Financing Plan"for non-enterprise public facilities unless one of the conditions of Policy CFP- 3.5(ii)(c) is met. Policy CFP-4.4 - Do not provide a public facility, nor accept the provision of a public facility by others, if the City or other provider is unable to pay for any planned subsequent annual operating and maintenance costs of the facility. Policy CFP4.5 - In the event that sources of revenue listed in the "CFP Projects and Financing Plan" require voter approval in a local referendum that has not been held, and a referendum is not held, or is held and is not successful, revise this Comprehensive Plan at the next annual amendment to adjust for the lack of such revenues, in any of the following ways: (i) Reduce the level of service for one or more public facilities; (ii) Increase the use of other sources of revenue; (iii) Decrease the cost, and therefore the quality of some types of public facilities while retaining the quantity of the facilities that is inherent in the standard for level of service; (iv) Decrease the demand for and subsequent use of capital facilities, (v) A combination of the above alternatives. Policy CFP4.6 - Condition all development permits issued by the City which require capital improvements that will be financed by sources of revenue which have not been approved or implemented (such as future debt requiring referenda) KENT COMPREHENSIVE PLAN 8-23 CAPITAL FACILITIES ELEM...,T CHAPTER EIGHT on the approval or implementation of the indicated revenue sources, or the substitution of a comparable amount of revenue from existing sources. Goal CFP-5 - Provide adequate public facilities by constructing needed capital improvements which (I) repair or replace obsolete or worn-out facilities, (2) eliminate existing deficiencies, and (3) meet the needs of future development and redevelopment caused by previously-issued and new development permits. The City's ability to provide needed improvements will be demonstrated by maintaining a financially feasible "CFP Projects and Financing Plan" in the Capital Facilities Plan. Policy CFP-5.1 - Provide, or arrange for others to provide, the capital improvements listed in the "CFP Projects and Financing Plan" portion of the Capital Facilities Plan. The capital improvements projects may be modified as follows: (i) Pursuant to the Growth Management Act, the "CFP Projects and Financing Plan" may be amended one time during any calendar year. Coordinate the annual update with the annual budget process. (ii) The "CFP Projects and Financing Ran" may be adjusted by ordinance not deemed to be an amendment to the Comprehensive Plan for corrections, updates, and mrs i fccations concerning costs; revenue sources; acceptance of facia. �s pursuant to dedications which are consistent with the plan; or :he date of construction (so long as it is completed within the 6-year period) of any facility enumerated in the "CFP Projects and Financing Plan. " (iii) Any act, or failure to act, that causes any project listed in the "CFP Projects and Financing Plan" of this Comprehensive Plan to be scheduled for completion in a fiscal year later than the fiscal year indicated in the "CFP Projects and Financing Plan" shall be effective only if the act causing the delay is subject to one of the following: (a) Accelerate within, or add to the "CFP Projects and Financing Plan" those projects providing capacity equal to, or greater than the delayed project, in order to provide capacity of public facilities in the fiscal year at least equal to the capacity scheduled prior to the act which delayed the subject project. (b) For those projects which are subject to concurrency requirements and which are authorized by development 8-24 KEN'COMPREHENSIVE PLAN CHAPTER EIGHT CAPITAL FACIIlITES ELEMENT permits which were issued conditionalh, subject to the concurrent availability of public facility capacity provided by the delayed project, restrict them to the allowable amount and schedule of development which can be provided without the incomplete project. (c) Amend the Comprehensive Plan (during the allowable annual amendment) to temporarily reduce the adopted standard for the level of service for public facilities until the fiscal year in which the delayed project is scheduled to be completed. Policy CFP-5.2 - Include in the capital appropriations of the City's annual budget all the capital improvements projects listed in the "CFP Projects and Financing Plan"for expenditure during the appropriate fiscal year, except that the City may omit from its annual budget any capital improvements for which a binding agreement has been executed with another parry to provide the same project in the same fiscal year. Also include in the capital appropriations of its annual budget additional public facility projects that conform to Policy CFP- 3.5(4) and Policy CFP-3.8(ii)0). Policy CFP-5.3 - Adopt a concurrency ordinance to ensure that adequate facilities, as determined by the City, are available to serve new growth and development. Policy CFP-5.4 - Determine the availability of public facilities by verifying that the City has in place binding financial commitments to complete the necessary public facilities or strategies within six years, provided that: (i) The six year "CFP Projects and Financing Plan" is financially feasible. (ii) The City uses a realistic, financially feasible funding system based on revenue sources available according to laws adopted at the time the CFP is adopted. NO The six year "CFP Projects and Financing Plan" in this Comprehensive Plan demonstrates that the actual construction of the roads and mass transit facilities are scheduled to commence in or before the fourth year of the six year "CFP Projects and Financing Plan. " (iv) The six year "CFP Projects and Financing Plan" includes both necessary facilities to maintain the adopted level-of-service standards to serve the new development proposed to be permitted KENT COMPREHENSIVE PLAN 8-25 CHAPTER EIGHT CAPITAL FACQ.,ITIEs ELEMf—.f and the necessary facilities required to eliminate existing deficiencies. Goal CFP-6 - Provide adequate public facilities to urban growth areas. Policy CFP-6.1 - Ensure levels of service for public facilities in the urban growth area are consistent, and where possible, identical for the City of Kent and the unincorporated portion of the Kent Urban Growth Area (see Policy CFP-3.3). Policy CFP-6.2 - Declare the primary providers of public facilities and services in the unincorporated portion of the Kent Urban Growth Area to be: Public Facility Before Annexation After Anon a. Fire Protection and Districts City of Kent emergency medical services b. Law Enforcement King County City of Kent c. Library Library District Library District d. Parks & Recreation King County Ciry of Kent e. Local roads, sidewalks, King County City of Kent lighting f. State roads Washington State Washington State g. Sanity sewer Districts City of Kent a r ��S�`c h. Schools Districts Districts i. Solid waste disposal King County King County j. Storm Water King County City of Kent k. Transit King County King County 1. Water Districts City of Kent ar ��5 'l�—� m. General government King County City of Kent offices Policy CFP-6.3 - Make providers of public facilities responsible for paying for their facilities. Providers may use sources of revenue that require users of facilities to pay for a portion of the cost of the facilities. As provided by law, some providers may require new development to pay impact fees and/or mitigation payments for a portion of the cost of public facilities. (i) Use Policy CFP-4.2 as the guideline for assigning responsibility for paying for public facilities in the Kent Urban Growth Area. (ii) Coordinate with King County and other providers of public facilities regarding collection of fees from development in their respective jurisdictions for impacts on public facilities in other jurisdictions. KENT COMPREHENSIVE PLAN 8-26 CHAPTER EIGHJ CAPITAL FACILITIES ELEMENT Policy CFP-6.4 - When possible, enter into agreements with King Counn• and other providers of public facilities to coordinate planning for and development of the Kent Urban Growth Area, including implementation and enforcement of Policies CFP-6.1 - 6.3. Policy CFP-6.5 - The City shall adopt the capital facilities plans of the Kent and Federal Way School Districts by reference as part of this Capital Facilities Element. The City will review these plans on an annual basis to assess the districts' enrollment projections, levels of service, capacity, and financing plan. Goal CFP-7 - Implement the Capital Facilities Plan in a manner that coordinates and is consistent with the plans and policies of other elements of the City Comprehensive Plan, Countywide Planning Policies, the Growth Management Act of the State of Washington, and, where possible, the plans and policies of other regional entities. adjacent counties, and municipalities. Policy CFP-7.1 - Manage the land development process to ensure that all development receives public facility levels of service equal to, or greater than the standards adopted in Police CFP-3.3 by implementing the "CFP Projects and Financing Plan" contained in the Capital Facilities Plan, and by using the fiscal resources provided for in Goal CFP-4 and its supporting policies. (i) Ensure that all Category A and B public facility capital improvements are consistent for planning purposes with the adopted land use map and the goals and policies of other elements of this Comprehensive Plan. Ensure that the location of, and level of service provided by projects in the "CFP Projects and Financing Plan" maintain adopted standards for levels of service for existing and future development in a manner and location consistent with the Land Use Element of this Comprehensive Plan. Integrate the City's land use planning and decisions with its planning and decisions for public facility capital improvements by developing, adopting, and using the programs listed in the "Implementation Programs" section of the Capital Facilities Plan. (Note: Plans to implement the Comprehensive Plan elements, including a proposed concurrency ordinance, will be presented to the Planning Commission at a later date.) Policy CFP-7.2 - Ensure that implementation of the Capital Facilities Plan is consistent with the requirements of the adopted Countywide Planning Policies. Goal CFP-8 - The City shall participate in a cooperative interjurisdicrional process to determine siting of essential public facilities of a county-wide, regional, or state-wide nature. Policy CFP-8.1 - Proposals for siting essential public facilities within the City of Kent or within the City's growth boundary shall be reviewed for consistency with the City's Comprehensive Plan during the initial stages of the proposal process. KENT COMPREHENSIVE PLAN- Revision #1 (10/97) E-27 CAPITAL FACILITIES ELEMENT CHAPTER EIGHT Policy CFP-8.2 - When warranted by the special character of the essential facility, the City shall apply the regulations and criteria of Kent Zoning Code Section 15.04.200, Special use combining district, to applications for siting such facilities to insure adequate review, including public participation. Conditions of approval, including design conditions, conditions, shall be imposed upon such uses in the interest of the welfare of the City and the protection of the environment. Policv CFP-8.3 - In the principally permitted or conditional use sections of the Zoning code, the City shall establish, as appropriate, locations and development standards for e.- :ial public facilities which do not warrant consideration through the special use bining district regulations. Such facilities shall include but not be limited to small inpatient facilities and group homes. Goal CFP-9 - The City shall participate in a cooperative interjurisdictional process to resolve issues of mitigation for any disproportionate financial burden which may fall on the jurisdiction which becomes the site of a facility of a state-wide, regional or counnl-wide nature. 8-28 KENT COMPREHENSIVE PLAN ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending the Kent Zoning Map to change the zoning designations of three (3) properties: (1) from Gateway Commercial (GWC) to Industrial Park (Ml) on the zoning map for property located at 828 West Valley Highway (#CPZ-97-1); (2) from Garden Density Multifamily Residential (MRG) to Community Commercial (CC) on the zoning map for property located on the northeast side of 104th Avenue SE and SE 262nd Street (#CPZ-97-2); and (3) from Single Family Residential (SF-3)to Single Family Residential (SF-6) on the zoning map for property located east of 132nd Avenue SE between SE 282nd Street and SE 276th Street (#CPZ- 97-6). WHEREAS, pursuant to the Washington Growth Management Act(GMA) the City of Kent accepts applications for comprehensive plan amendments once each year: and WHEREAS, the City of Kent received applications to amend the comprehensive plan's land use plan map designations. Three of those applications involve properties requesting amendments as follows: (1) from Mixed Use to Industrial for property located at 828 West Valley Highway; (2) from Low Density Multifamily Residential to Mixed Use for property located on the northeast side of 104th Avenue SE and SE 262nd Street; (3) from Single Family Residential (SF-3) to Single Family Residential (SF-6) for property located east of 132nd Avenue SE between SE 282nd Street and SE 276th Street, and to correspondingly amend the zoning map designation of said parcels which applications were received in Kent. Washington, by the deadline of September 1, 1997; and WHEREAS,the City of Kent Land Use and Planning Board held a public hearing on the proposed comprehensive plan and zoning map amendments on November 24, 1997; and WHEREAS,the City of Kent Land Use and Planning Board reviewed the proposed amendments, took public testimony and moved to recommend approval of comprehensive plan amendments 4CPA-97-3(A),#CPA-97-3(B), #CPA-97-3(F) and the corresponding zoning map amendments 4CPZ-97-1, 4CPZ-97-2, and #CPZ-97-6 to the full City Council; and WHEREAS, on January 20, 1998, the Kent City Council approved the comprehensive plan amendments from a plan designation of Mixed Use to Industrial for property located at 828 West Valley Highway and the corresponding zoning map amendment to Industrial Park (M1); from Low Density Multifamily Residential to Mixed Use for property located on the northeast side of 104th Avenue SE and SE 262nd Street and the corresponding zoning map amendment to Community Commercial (CC); and from Single Family Residential (SF-1) to Single Family Residential (SF-6) for property located east of 132nd Avenue SE between SE 282nd Street and SE 276th Street and the corresponding zoning map amendment to Single Family Residential (SF-6); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON. DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City of Kent Zoning Map is hereby amended to establish a new zoning map designation for the property of approximately 4,61 acres 2 located at 828 West Valley Highway from Gateway Commercial (GWC) to Industrial Park (M1) and as depicted in the attached Exhibit A and incorporated herein by this reference (#CPZ-97-1). SECTION 2. The City of Kent Zoning Map is hereby amended to establish a new zoning map designation for the property of approximately 3.68 acres located on the northeast side of 104th Avenue SE and SE 262nd Street from Garden Density Multifamily Residential (MRG) and Professional and Office (0) to Community Commercial (CC) and as depicted in the attached Exhibit B and incorporated herein by this reference (#CPZ-97-2). SECTION 3. The City of Kent "Zoning Map is hereby amended to establish a new zoning map designation for the property of approximately 53.5 acres located east of 132nd Avenue SE between SE 282nd Street and SE 276th Street from Single Family Residential (SF-3) to Single Family Residential (SF-6) and as depicted in the attached Exhibit D and incorporated herein by this reference (#CPZ-97-6). SECTION 4.- Severability Clause. If any one or more sections, sub- sections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION S. - Effective Date. This Ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER. CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED day of 11998. APPROVED day of 1998. PUBLISHED day of , 1998. 1 hereby certify that this is a true copy of Ordinance No. , passed by the Citv Council of the City of Kent. Washington. and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P:\LAWNORD MANC\CPZ97-3.ORD 4 City of Kent - Planning Department 3 -- Lu jJ J i Cr GC M� RR M RTON ST . 1 ----------- I --' I I i -----I --I �\ --M 3 1 I� I I I 1 � G �^ I I I \ I r I it APPLICATION NAME: Anderson EXHIBIT A NUMBER: #CPZ-97-1 DATE: February 3, 1998 F _. QUEST: Comprehensive Plan Zoning LEGEND ,� Application site N GATEWAY COMMERCIAL TO INDUSTRIAL PARK (M1 ) Zoning boundary City limits City of Kent - Planning Department L-JT i _a LLJ "URG C ri ^ Q E5 []Q c1cC C s � r n' Q h LLI -34 MR 0 APPLICATION NAME: Sanders EXHIBIT B NUMBER: #CPZ-97-2 DATE: February 3, 1998 REQUEST: Comprehensive Plan Zoning LEGEND A Application site N OFFICE & MRG TO COMMUNITY COMMERCIAL Zoning boundary City limits rT LdCQcr rz" °v S i iti -r Y Y 1"y "dyyYr '• y r u o • LIT r Kent City Council Meeting Date February 3 , 1998 Category Other Business 1. SUBJECT: PERSONAL WATERCRAFT - ORDINANCE 2 . SUMMARY STATEMENT: On May 6, 1997 , Council adopted Ordinance No. 3348 regulating the operation of personal water- craft on Lake Meridian. As part of its motion, the Council directed that the regulations contained in the ordinance be reviewed after September 15, 1997 . The Public Safety Committee, after having considered the matter, directed that an ordinance be prepared to allow personal watercraft to be operated on Lake Meridian, with the same restrictions through- out the year as placed on personal watercraft from May 16th through September 15th. The proposed amendment, would allow personal watercraft to operate at speeds in excess of eight miles per hour between the hours of 12 : 00 noon and 6: 00 p.m. on even number days of the calendar throughout the year. This matter was deferred from the December 9 , 1997 Council meeting. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Public Safety Committee voted to _submit this item to the full council without a recommendation (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 [fin _seconds the adoption of Ordinance No. 3385 relating to the operation of personal watercraft on Lake Meridian. DISCUSSION• ACTION• CC/&&C,�4 ouncil Agenda Item No. 4B ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 4.06 of the Kent City Code relating to the operation of personal watercraft on Lake Meridian. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON.DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 4.06.200(C)of the Kent City code is hereby amended as follows: Sec. 4.06.200. Lake Meridian -Motor powered vessel restrictions - water skiing and personal watercraft operation. I A. Generallv. The following rules and regulations are adopted for the use of motor-powered vessels on Lake Meridian: l. It is unlawful to use or operate any vessel powered by motor power on Lake Meridian, except that vessels with the following engines will be permitted: a. Water-cooled outboard engines of stock manufacture or stock manufactured inboard engines with outboard drive units (inboard/outboards) which vent all exhaust gases through the lower drive unit in conjunction with cooling water and/or vent at a point on the drive unit which is under water at all times; or watercooled direct drive inboard 1 - PERSONAL WATERCRAFT - REGULATIONS engines equipped with a muffler or silencer of sufficient size and capacity. to effectively muffle and reduce noise similar to that of outboards and inboard/outboards. This includes both propeller and jet propulsion watercraft. b. Air-cooled outboard or inboard engines of stock manufacture rated by the manufacturer at ten horsepower or less. C. Electric fishing trolling motors. ?. No vessel shall operate in excess of eight miles per hour after 6:00 p.m. until the hour of 9:00 a.m. and not in excess of thirty-five miles per hour from 9:00 a.m. to 6:00 p.m. 3. Vessels exceeding speeds of eight miles per hour shall remain at i least two hundred feet from the shoreline and one hundred feet from other vessels and swimmers and shall proceed around the lake in a counterclockwise direction. 4. All vessels operating on Lake Meridian shall carry United States Coast Guard approved personal flotation devices in good condition for each person in the vessel. 5. Motor-powered vessels operating after sundown shall be equipped with and have lit proper running lights. 6. The anchorage or moorage of unoccupied vessels is prohibited except when tied to a pier or dock with the permission of the owner of the pier or dock. 7. No remote controlled vessels powered by internal combustion engines shall operate before 9:00 a.m. or after 6:00 p.m. 8. Skin diving is prohibited except as necessary for public employees and their agents or other authorized personnel to perform their duties or in the case of an emergency. - PERSONAL WATERCRAFT - REGULATIONS B. Waterskiing. The following regulations apply to all water skiing activities as defined in RCW 88.12.010(22) including,but not limited to. being towed behind a vessel on skis. an aquaplane. kneeboard. tube. or similar deice: v 1. Water skiing on the lake at speeds up to and including eight miles Per hour is permitted any time between dawn and dusk. 2. Water skiing on the lake at speeds over eight miles per hour shall be limited to the hours of 9:00 a.m. to 6:00 p.m. i 3. It is unlawful to water ski within three hundred feet of shore except as follows: a. from privately owned shoreline, water skiers may start at and return to shore by means of the most expeditious route; b. from City owned shoreline, water skiers may start or return (deep water start) from a distance of 200 feet or greater from shore but are prohibited from starting or stopping within 200 feet of shore. For purposes of this provision, City owned shoreline includes the swimming beach and boat launching areas of the park. For purposes of starting at and returning to shore as authorized herein, water skiers may temporarily exceed the speed limit of eight miles per hour. 4. All persons in vessels towing persons on water skis.. tubes. surfboards. or similar contrivance shall remain seated at all times. 5. All operators of vessels having in tow or otherwise assisting a person on water skis, tubes. surfboards or similar contrivance shall comply with Section 4.06.060_ 6. Regulations stated in this subsection shall not apply to vessels used in water ski tournaments. competitions. expositions. or trials therefore. which have been duly authorized by the City. C. Personal Watercraft. In addition to RCW 88.12.145 adopted in Section 4.06.020, the following regulations shall apply to personal watercraft. 3 - PERSONAL WATERCRAFT - RL-GULATIONS 1. Personal Watercraft may be operated on the lake at speeds up to and including eight (8) miles per hour any day except during hours of darkness. 2. Personal Watercraft may be operated on the lake at speeds in excess of eight (8) miles per hour only as follows: a. ; tween the hours of 12:00 noon and 6:00 p.m.; and b. on even numbered days of the calendar throughout the vear; SECTION 3. - SeverahihU If any one or more sections. subsections, or sentences of this Ordinance are held to be unconstitutional or invalid. such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 4. - Elective Date. This Ordinance shall take effect and be in force thirty (30) days from the time of its final approval and passage as provided by law. JIM WHITE. MAYOR ATTEST: BRENDA JACOBER. CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY 4 - PERSONAL WATERCRAFT - REGULATIONS PASSED: day of . 1997. APPROVED: day of 1997. PUBLISHED: day of 1997. I hereby certify that this is a true copy of Ordinance No passed by the City Council of the City of Kent. Washington. and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER. CITY CLERK p:IaN%mdinancAjetsO.ord III it i I 5 - PERSONAL WATERCRAFT - REGULATION Kent City Council Meeting Date February 3 . 1998 Category Other Business 1. SUBJECT: S. 188TH STREET VACATION STV-97-3 2 . SUMMARY STATEMENT: A public hearing was held on January 20, 1998, 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. This street vacation was continued to February 3 , under Other Business, to give the applicant time to contact adjacent property owners. 3 . EXHIBITS: Public Works Director memorandum, staff report and map 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, Councilmembe seconds OhfiJ� to approve/disapprove/modify the Pla ng Director' s recom- mendation of approval with conditi s as supplemented by the Public Works Director memorandu of 1/29/98 on the application Q� to vacate a portion of S. 18 Street right-of-way located ry_yD�` between 80th Place South d 80th Avenue South, as referenced in Resolution No. 1502 and to direct the City Attorney to a prepare the necess ordinance upon compliance with the conditions of a oval. DISCUSSION• ACTION: — Council Agenda Item No. 4C DEPARTMENT OF PUBLIC WORKS January 29, 1998 TO: Mayor &CityCouncil FROM: Don Wic' tr om, Director of Public Works ks RE: S. 188th Street Vacation STV-97-3 At last Council meeting, three letters (copies attached) were received regarding subject street vacation. Since that meeting I instructed the petitioner to meet with at least Toysmith to try and resolve their concerns. As of the date of this letter, I have no new information thereon. To assist you in your final decision, I have reviewed each letter and my comments thereon are as follows. Montoure Real Estate Corporation letter. COMMENTS: 1) The property abuts the street proposed to be vacated. 2) The letter is not against the street vacation but who should be responsible for complying with the conditions. As such, this is a matter between the abutting property owners. If the vacation were approved as conditioned and the abutting owners could not come to terms thereon, the vacation would die for lack of compliance with the conditions. RECOMMENDATION: No change in conditions. Drainage District #1 letter. COMMENTS: The Drainage District is not objecting to the vacation, only that they be given access easements to Springbrook Creek and drainage easements rights per the actual channel. The Public Works Department recommends that an additional condition be added to address same. RECOMMENDATION: Add the following condition to the granting of the vacation. The abutting property owners either grant an easement or authorize the City to grant an easement to any public utility such as Drainage District #1, etc., that have existing facilities with the right-of-way being vacated, including any access easements to and from 80th Avenue SL 80th Place to their facilities. Tg4mith letter. COMMENTS: Theis is a legitimate request to keep the street open for public use due to their use thereof. Council needs to weigh this against the abutting property owner's request to vacate same. The attached map denotes the road system in the area. S. 188th Street is strictly a local access street. Primarily, local access streets are for the benefit of the abutting property owner. In this case because it ties 80th Avenue to 80th Place, there is some secondary benefit to the surrounding properties. When the petitioner sought a development permit in 1992, the Public Works Department, thru SEPA, denoted that the developer shall either fully improve S. 188th Street or seek a vacation thereof for which the Public Works Department could support. Six years has passed and Toysmith has now developed. Ir. 1992 the Public Works Department advised the developer (now petitioner) that Council has the final say on approval or denial of a street vacation and no one can predict what input will surface at a Public Hearing or what the final outcome may be. RECOMMENDATIONS: None a� MONTOURE REAL ESTATE CORPORATION Commercial-Development-Partnerships 21620 84 SO., KENT, WA 98031 TELEPHONE (206) 872.8728 JAN ? � �? 1-20-98 CITY K ¢T TO; City of Kent Council Members RE - Vacating a portion of South 188th St . , STV97-3 FROM: Group Nine Limited Partnership, adjcent property owner on South 188th Street . Howard H. Montoure, General Partner. Group Nine is the owner of approximately 449 feet on South 188th Street, Kent, WA. After reviewing the application the following conditions must be met for Group Nine agreement to vacate South 188th Street . 1) Applicant shall pay the City of Kent compensation for 449 ft . x 15 ft . or 6, 735 sq. ft . of South 188th Street Said property shall be deeded to Group Nine along with a 5 ft . easement, thereby allowing us 20 ft . for fire truck lane use. 2) Applicant shall pay all cost for Springbrook Creek culvert and any other mitigated fees . Sincerely, Group Nine Partnership Howard H. Montoure, General Partner L S'1' JOHN E. NELSON ATTORNEY AT LAW 'C 601 WEST GOWE KENT, WASHINGTON 98032-5745 (253) 854-7200 • Fax (253)854-8960 January 20, 1998 The Honorable Jim White, Mayor Kent City Council Members City of Kent Kent, WA Comment From Drainage District Number One Re: Application to Vacate a Portion of South 188`h Street STV 97-3 Honorable Mayor and Council Members: I write this letter as attorney for Drainage District Number One, owner of Springbrook Creek in the area of the above-referenced proposed vacation. The District has historically used South 188`h Street for access between 80`h Avenue South and 80`h Place South. The proposed vacation would eliminate this access from public ownership (Kent) and potentially pose a problem for future maintenance of the channel in that area. From the District's sole interest in maintaining access to Springbrook Creek, it submits the following comments. The District wishes to express its desire that, in the event the vacation is approved, access to Springbrook Creek by the City of Kent and Drainage District Number One be preserved over the traditional route of South 1881h Street. Such access should be sufficient to permit any maintenance or construction, which might be necessary or desirable. The District's preference would be for the access to be in the form of easements, as suggested in the conditions of the Report and Recommendation of the Planning Department (1/20/98). The District suggests that the access grant run jointly to the City of Kent and the District or, alternatively, provides ample assurance to the District of the future availability of this access. The District would second the recommendations in the conditions for improvement of the culvert on Springbrook Creek, should it not be permanently removed. Any activity involving the culvert will require the approval of the District as owner of the channel of Springbrook. I wish to thank you for the opportunity to present these views on behalf of Drainage District Number One, and urge your favorable consideration of the District's requests. rs very truly, J elson JEN:ab Cc: DD91 A DMSION OF TOY INVESTMENTS.INC. January19, 1998 1 ' 2) J.,�t : : City of Kent CITY C= KENT James P. Hams, Planning Director CITY CLE-K 220 40'Ave. S. Kent WA 98031 Re: 188"' St. STV 97-3 Dear Mr. Harris: Thank you for sending us a copy of your recommendation for the street vacation application proposed by Pacific Northwest Group A clo Trammel Crow. Toy Investments Inc. dba Toysmith owns property east of the subject property and south east of the proposed vacation on South 188"' Street. If I read the street vacation proposal properly, it is my understanding that the entirety South 188" Street between 80"1 Ave South and 80'h Place South will be vacated and closed. This is unacceptable and we vigorously opposed approval of the vacation. As opposed to many businesses in the vicinity, we own our building. This represents a very significant investment for a company that started in a garage nearly fifteen years ago. Toysmith purchased its property and constructed a new facility one year ago on the site now known as 18915 84h Ave. South in large measure because of the access provided by the adjacent roads, including direct access to 801' Ave. So. In fact, the costly improvements we were required to make to 80' place So. as a condition of obtaining our permits were necessitated in some part by the traffic coming over from 80"'Ave. So. via S. 188"' St. We have always counted on having direct access to 80"' Ave So. without having to drive North to 1800 or South to 192nd. We are a wholesaler of toys and gifts, the bulk of which are imported from Asia. To say our business is dependent on truck traffic would be an understatement. Given the state of congestion on 840 Ave S. at the intersection of 180 1h , one of the only viable altemative routes is 80'Ave. S. EIiminating the only east/west corridor near our business not only has a direct negative impact on our business, it seems to be contrary to the goal of eliminating traffic congestion on already crowded main thoroughfares. If you drive north on 80'h Place So. to the intersection with 80"' Ave so. after 3:30 p.m. you can see what I am talking about. You cannot get onto 180'h Ave So. because the turn lane to go west on to 180'h is backed up six to seven trucks deep from the intersection. Unless a truck driver takes pity on you and lets you in, you cannot go west on 1801h. Closing 1881h will only aggravate the problems existing at an already constricted intersection On a personal note, I am also President elect of the Kent Chamber of Commerce. One of the Chamber's primary initiatives is to find solutions for the freight mobility problems the entire 18915 - 84th Avenue South Kent, WA 98032 U.S.A. • January 19, 1998 • Page 2 A 77F7DIVISION OF TOY INVESTMENTS.INC. valley is experiencing. We have formed a freight mobility task force to address a myriad of problems, not the least of which is the shortage of unencumbered east/west corridors. This proposal to eliminate an east west corridor that directly serves our business, is harmful to our company at its worst and shortsighted for freig-, mobility considerations at its best. Recently we leased some additional warehouse space in the business park located at the south end of 80' Ave. So. near Hexcel. Access to this site via 188"' for our employees and our freight companies was the primary consideration in selecting this site. Closing 188" will effectively eliminate our primary source of access to our other facility for the sole purpose, we surmise, of providing the applicant with the ability to build on a larger unified parcel. We believe the City should give greater consideration to the needs of businesses that already generate taxes and employment in the City, not those that may at some point in the future. Furthermore, if 188"' is closed, it would appear that the traffic flows onto 801" Place So. generated by the applicants property will increase. Again, we believe this will create additional congestion on 800 Place So., thereby causing our freight companies unnecessary delays and creating dangerous traffic conditions. For the forgoing reasons Toy Investments Inc. opposes the vacation of 1880 Ave. So. as proposed under S1V 97-3. In addition we request that we be notified of all actions and proceedings related to this matter. If you have any questions, please feel free to contact me. Sincerely, J. HN k- Nrpoel 18915 - 84th Avenue South Kent,WA 98032 U.S.A. �. 'IZAA fannl'AC6-AXIA Fnx- l2531395-3306 m 0 64 AV S NI OLYMPIC AV S N cpscpo� w VALLEY,............ 07Y S 1! LI-Ey Hr ........... ....................... 72 AV S m AV 5 ,IV S UP RR omo ...... 0 94 5 71 AV O 0 titi 8 80 AV 5 0 AV S ORKSDRL BI AV 5 E VALLEY Hy 04 AV S LIND ...................... 17ALLEy py 92 AV 5 93 PL Ermly.. 95 ev 5 C, 0 3p 1 1. . .1—, 81 as AV SN 94 PL 5 NOgROOK ------ TALBOT RD as NY so 96 AV 5y 96 AV 5 L 00 Cl i3 AV go AV V$ PL 5 9 PI I101 v SE 101 AV SE T, I CT 3, to it 103 RV SE 102 PL 5E Z- u ix I V 5E 103 PL SE LN-1 i L-— log AV SE PL 104 PI SF tp 105 AV SE AU h cry PL 106 AV SE A A to AV qF AV 5e to Z 106 PL S PL m 107 AV E are H 108 AV SE too M m .2, CT 110 IL % CITY OF 1QJLJ1 1 L] i Jim White, Mayor Planning Department (253) 859-33901FAX(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-wav width is 30' -condition#13 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, —0Ith:U'F.ACE SOUTH i KENT.WAsHiN(;Fo\')rill''_ rELLPHONE ,2a11sa'i-v;w) 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: l. 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). 2. Either the City shall retain easements for utility purposes over, upon and under said 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. J. 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. 4. The applicant shall reconstruct the intersections of 80th Avenue South/South 188th 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. 5. 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 %%!` % ! PROPOSED STREET VACATION All; / A���. ET 1 ./�� 1 S. 188TH STREET smumnswu . i I/ ------------------------------------------- r / J -... SOUTH 188TH STREET AREA PROPOSED TO BE VACATED ( a , O d� 2530cn i00 _ 1 1 I _ 1 1 Kent City Council Meeting Date February 3 . 1998 Category Other Business 1. SUBJECT: MERIDIAN WEST PRELIMINARY PLAT 2 . SUMMARY 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: Original staff report dated 3/19/97; Hearing Examiner's recommendation of 4/2/97; Hearing Examiner's recommendation dated 12/17/97 on proposed change of condition, and proposed covenant 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 Ak moves, Councilmember � IL seconds to accept/modify/reject the findings of the Hearing Examiner, and to djo /reject/modify the Hearing Examiner's recommenda- tion of approval of the modified condition. DISCUSSION• `�A ACTION' Council Agenda Item No. 4D CITY O; Li� U Jim White. N'IaN Pianning Department (206)859-3390/FAX(206) 850-2544 James P. Barris.Pianning Director PLANNING DEPARTMENT (206) 859-3390 STAFF REPORT FOR HEARING EXAMINER MEETING OF MARCH 19, 1997 2:00 PM FILE NO:: MERIDIAN WEST 4SU-96-2 APPLICAL\TT: WALLY AND ANNE MSEITIF RFOUEST: A REQUEST TO SUBDIVIDE 4.86 ACRES INTO 25 SINGLE FAMILY LOTS STAFF RFPRES NTATIVE: 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 corner of the subdivision is reserved for a water detention tract. an existing wetland and new wetland area, and a wetland buffer. B. Location The property is located ajacent to 132nd Avenue SE, between 263rd Street and 266th Street. C. Size of Property The size of the property is 4.86 acres. D. Zoning The property is zoned Single Family Residential(SR-8),4000 foot minimum permitted lot size, 8 residences per acre maximum permitted density. 1 22041n AVE.SO.. I RENT.%ASH I]GTON 9601'-SSQS'TELEPHONE FA\&gtu-:a4 Staff Report Meridian West fSU-96-2 E. Land Use The present land use is single family residential. An existing dwelling is located on proposed Lot 5. Land use adjacent to the subject property and in the general area is single family residential. F, History 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 Januan, 24. 1996. Comments and conditions generated at the tentative plat meeting were considered in review of the preliminary plat application. 11, ENVIRONMENTAL (`(1T�T('F A. Fnvironmentai_ 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 Topozr by and Hydrology 1. Topo�ra�hy 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 comer 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 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. Si}nificant Social Features 1. Street Svstem 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 propem'. Two private access roads are proposed to provide access to 8 of the proposed 25 lots. 2. Water Svstem The proposed subdivision is served by Water District 111 facilities. An on- site distribution system is required. 3. Sanitary Sewer Svstem A sanitary sewer line is available to serve the property. 4 c*QT.n 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. LIM No local improvement districts exist at this time. Staff Report Meridian West rSU-96-2 III. CONSULTED DFPARTP��NTS AD AGFN IF 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 Midwav 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. PI ANNING DEPA TMFNT REVIEW A COMPREHENSIVE PLAN In 1995, the Kent City Council adopted the Kent Comprehensive Plan, which represented a complete revision to the City's 1977 Comprehensive Plan. The 1995 plan was prepared under the provisions of the Washington State Growth Management Act. The Comprehensive Plan,through its goals and policies,presents a clear expression of the City's vision of growth for 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 v.Tinen goals and policies as well as a land use map. 1 T �I.TTI T TCF FT FMENT a. Goal LU-9 Provide opportunities for a variety of housim, 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. CAPITA FL ACILITIF 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. unUSING ELF a. Goal H-2 Provide sufficient. diverse, and affordable housing for the existing and projected population of Kent. 4. N"ivii^ ,rV>rT nvT�tFNT ELEMET a. Goal ED-2 Maintain a strong police toward balanced community development b. Policy ED 2.1 Encourage home ownership to foster stakeholders in the community 5. COMP PT AN MAP The Comprehensive Plan Map designates the subject property as Single Family (SF-8). The proposed subdivision is 5 Staff Report Meridian West 0SU-96-2 Single Family Residential, and does not exceed the maximum permitted density of eight residences per acre. 6 of nnina 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 SUBDTVISION 1. Purpose of the City of Kent Subdivision code: To provide the rules. regulations requirements, and standards for subdividing land in the cite of Kent, ensuring that the highest feasible quality in subdivision will be attained; that the public health, safet),, 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. FFASIBILITy 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 r SU-96-2 D. PROPOSED FTNDINGS• 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 Familv Residential, eight residential units per acre, maximum densit" . 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. 3. 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 existine wetland at the southwest comer. 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 4111. 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 fSl:-96-2 11. Upon reviewing the development plans/subdivision plat for the 'MERIDIAN WEST' SUBDIVISION development, it has been determined that the incremental but cumulative) fi signicant proposed development will cause . additional impacts to the regional and local transportation systems -- demonstrated, in part, as additional traffic congestion at the following intersections: 132nd Avenue S utheast at Kent-Kanglev Road [ SR _5 16 ] 132nd Avenue 6outheast 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. utility 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 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. c raFF RFCOMMFNDATION Upon review of the merits of this request and the Code criteria for granting a preliminary subdivision, the City staff recommends APPROVAL of proposed MERIDIAN WEST SUBDIVISION #SU-96-2 subject to the following conditions: AGENED AT r )NDITIONS 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. PRTnR TO RECORDATION OF TH cUMVISION: 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, 8 Staff Report Meridian West r SU-96-2 shall clearhv delineate the existing public right-of-wad. right-of-xva% centerlines, propem� 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. 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 Management Code. The legal description for the Sensitive Area Tract for the creek buffer shall be prepared by a licensed land survevor. 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. COMMONTHE BOUNDARY BETWEENTHE TRACT AND F AREA O DEVELOPMENT ACTIVITY MUS 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. appears that the sanitary sewer service within the Stillwater Greens -)iat, 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 propem, or from the system located along 128th Avenue Southeast -- requiring easements through abutting properties to the south and west.This route could be seve• 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 I I I. 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 A 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 #SU-96-2 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 detainiretain 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 Citv 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 Staff Report Meridian West #SL'-96-2 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 hvdrologv. 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. 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. d. The ownerisubdivider 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. 13 Staff Report Meridian West SU-96-2 e. The owner/subdivider shall grade for streets. utilities and for house pads for all lots. Grading and Temporary ErosiorL Sedimentation Control Plans shall meet the requirements of the Cite of Kent Construction Standards. 132nd Avenue Southeast is currently operating at level-of-service with segment traffic volumes near the intersection of Southeast _'56th 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 throug 14 Staff Repon 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 Parking" signs across the entire subdivision frontage on 132nd Avenue Southeast. iv. The construction of this lane shall include the reiocation/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 ( 1 ) 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 lenth of the roadwaX navemenr 15 Staff Report Meridian West "St'-96-2 throvoh the widened area, as necessary. to provide a �0 , crown across the pavement: and. as necessary' to meet Cit" 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 SESE 264th Street ) to Cite 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 Citv'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 priv, 16 Staff Report Meridian West #SU-96 easements necessary for the construction. operation and maintenance of the required improvements identified in Section A L B. above. a. Unless otherwise provided for in a previous deed. the oxyner 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-wav 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 3 5-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 ownerisubdivider 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. 17 Staff Report Meridian West rSU-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. pRTOR TO TE1E IccUANCE OF ANY DEFT nPMENT PERMITS O ANY LOT •V Tvz ITi1'QmIAN WEST' SUBDIVISION ( SL196 02 1. THE OWNER! ct IBDTVIDER 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 is CITY OF ZiV Jim White, Mayo: Planning Department (206) 859-3390/FAX(206) 850-2544 lames P. Harris-Planning Director OFFICE OF THE LAND USE HEARING EXA T1,;ER (206) 859-3390 Tneodore P. Hunter Heann_e Examiner FINDINGS, CONCLUSIONS AND RECOMMENDATION FIL NO: MERIDIAN WEST OSU-96-2 APPLICANT: Wally and Anne Mseitif EZOUEST: 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 LU-TIFJ2: September 13, 1996 MEETING DATE: March 19, 1997 RECOMMENnJATION 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 "041h AVE.SO.. I KENT.WASHINGTON 98037. W/TELEPHONE f106185Q-33W l FA\•89Q-333- Hearing Examiner Findings and Recommendation Meridian West 4�SU-96-2 F�'HIBITS: 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. 2. The property proposed for subdivision is located adjacent to 132nd Avenue SE, between 263rd Street and 266th Street. Exhibit 1, Staff Report. ;. 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. 2 Hearing Examine: Findings and Recommendation Meridian West nSli-96 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 n3 A Final Mitigation 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. Hearing Examiner Findings and Recommendation Meridian West OSU-96-2 10. The City Engineer noted that they were aware of the problem of flooding caused b,. stormwater overflow, and he stated that a 70%release rate was set to reduce the rate of floe from existing conditions. This will be accomplished by controlling the flout 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, Ciry 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 4111 can be extended to each lot. Exhibit 1, Staff Report. 11. 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 su'r °ct to specific conditions. Exhibit 1, Staff Report. CONCLUSIONS 3uri sdiction 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. 4 Hearing Examiner Findings and Recommendation Meridian West nSL�-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 IZ.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 5 Hearing Examiner Findings and Recommendation Meridian West rSU-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 sanitan, 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. GENERAL CONDITIONS OF APPROVAL: 1. The subdivider shall implement all mitigation measures required by the Determination of Nonsignifrcance for SEPA checklist #ENV-96-62 for the MERIDIAN WEST Subdivision. 6 Hearing Examiner Findings and Recommendation Meridian West #SU-96-2 B. pRIO TO RF,CORDATION OF ct>RnMSION: 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 pa} 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 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 STABILITY,VISUAL AND AURAL BUFFERING, 7 Hearing Examine:Findings and Recommendation Meridian West #SU-96-2 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. 6 Hearing Examiner Findings and Recommendation Meridian West f 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 mans as to be abandoned". The system shall be abandoned in accordance with Ding 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 9 Hearing Examiner Findings and Recommendation Meridian West 4SU-96-'_ 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 problemsiimpacts 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. 10 Hearing Examiner Findings and Recommendation Meridian West 4SU-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 li2nd Avenue Southeast across the entire frontage. This widened street shall include an additional 14-foot wide strip, dedicated to the City of Kent, 11 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 sidewallc/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 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 ( 1 ) foot ( more. at the sole discretion of the Director of Public Works, based upon the 12 Hearing Examiner Findings and Recommendation Meridian West rSl-96-'_ 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 p the entire length of the roadway Davement 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 SESE 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 4SU-96-2 The radius of the reverse horizontal curve located near the mid- point of the subdivision does not meet the Ciry 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 Cirv'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-96-2 Lot 8, as well. Abutters' access rights to Lot 18 shall be along the waived io restrict st ict ss access to the northerly frontage thereof, ONLY, 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 TM111 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. ANY „zIrnr npxxvNT PvTwTTS ILT_ON ANY G 1N .. C� ..,�.t., cTmntSrlctnN r ctT 96-0� 1. THE OWNER/ SUBDIVIDER THE �n I1)I AN Tv w 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. Dated this 2nd day of April, 1997. THEODORE PAUL HUNTER Hearing Examiner 15 Nearing Examiner Findings and Recommendation Meridian west APPEALS FROM HEARING EXAMINER RECOMMENDATION ORDINANCE 3320 (excerot): The action of the city council, approving, modifying. or reiectinc 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 Cour:. 16 city of Kent - Planning Department 1fP 1� SE a i55 Pt I � W N �W I,I SE 257 CT SP �5 I> CD r, c 256 7 c 256 f SE 2S9 S 59 J n259 i� 350 ^ ^ SE 260 ST L W ^ W SE 261 ST 4 17 > s � P V SE 261 a m e 261 L �Ly�Et PF%1 = \26i & 1 �(262 PL PL an<, ✓�, N E ,� E 239 .i0• SE 264 ST si a SE 65 ST =" PRIV. uWi uWi 6 T W '� T 5 W T_ fry N '¢ SE 29' 7 � sf SE fs 260 N `o asJ PRIV. rows ee 270 ST `T u 5 �4 S7 272 ST Cr. ro L2 SE 2T2 ST ' Ss 271 P ti u •t,9 J 0 L APPLICATION NAME: Meridian West NUMBER: #SU-96-2 DATE: March 19, 1997 REQUEST: Preliminary Plat LE END Application site Vicinity Map '--� Railroad tracks P.,T,.1.9-r-� City limits r 9 zr pq Is r `09 I I,c ;�.•: tin N n i y . B, in l .. d LSL£L coo, ol? ZW �� �� .J• i.l �I ZLO �W �• : N0Y v sw o3e- wilt / - ) �\Lit C14I Lu III i a 2 M43 09 Zia , Qq 1 � l' YC • .. T N JW - 1 \ 'per •• ,: ! :. < O (7 Do N lle xCL o z �n� lu z cCO)a ( O W� / / " off. +. c z L o ui 001 F ,ocz �T ff • �bl o O.aN ""J• B y I �$ �6 � � k� kti�/ P (D I G m Wo � l City of Kent - Planning Department I, I rl I� f S.E. 263RD l ,T b I PTE 20 ` II pp,�W)GF f.f..lEltf N I 70 i... 7; I 731 I 74 i 7S i 76 i ,77 ?2 i T � ! Ti r MtO.pgtp S10.M ORl�W4GC L NG BWLOIN.I r I W ptlFs6 �To (�E RfWWGO R 5 ! I tl III I�� u B5's1 55' i I• .w 14 �� -12 11 10 /9 f RF 5C ay. I 0 0 @ ..,✓" f�4�oeF/. _/IIFOER. N �W 2) _ . � N�•57 a w^�o=' .L——._ —!4--�k_c�uu cM w f I .i�/I —MRF onto EL15TwG y/ETLMID c 11))q.F APPLICATION NAME: Meridian West NUMBER: #SU-96-2 DATE: March 19, 1997 REQUEST: Preliminary Plat LE END A Application site Site Plan City of Kent - Planning Department I n 1 \ li 771 \ M - Li o❑ I �1 APPLICATION NAME: Meridian West NUMBER: #SU-96-2 DATE: March 19, 1997 REQUEST: Preliminary Plat LEGEND Application site Zoning/Topography Zoning boundary ,-v-r-r-r� City limits CITY OF JW011 V L1 Jim White, Mayor Planning Department (253)859-3390/FAX(253) 850-2544 James P. Harris, Planning Director OFFICE OF THE LAND USE HEARING EXAMINER (253) 859-3390 Theodore P. Hunter Hearing Examiner FINDINGS. CONCLUSIONS AND RECOMMENDATION FILE NO: MERIDIAN WEST #SU-96-2 APPLICANT: Wally and Anne Mseitif REOUEST: A public hearing to consider the underlined portion of the following condition only: B6.c.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. " This proposal was heard on March 19, 1997, and the Hearing Examiner issued Findings and Recommendation on April 2, 1997. The Kent City Council approved the proposal on June 3, 1997. 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 13, 1996 MEETING DATE ON CONDITION CHANGE ONLY: December 17, 1997 RECOMMENDATION ISSUED FOR CONDITION CHANGE ONLY: January 2, 1998 RECOMMENDATION: APPROVAL 1 "u-411 vA'ENCE Sol'TH r KENT.v1:ASHIN(�ToN TELEI'HONF Hearing Examiner Findings and Recommendation Meridian West #SU-96-2 STAFF REPRESENTATIVE: Linda Phillips, Planning Department Laurie Evezich, Law Department Gary Gill, Public Works Department Frank Spanjer, Public Works Department PUBLIC TESTIMONY: Mel Daley, representing applicant Wally Mseitif, applicant Other Bob Mandich EXHIBITS: March 19 1997 Hearin¢ E h' its 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. December 17 1997 Hearing E ibits IA. Mailing list showing notification of surrounding property owners. 2A. Letter dated October 15, 1997 to James P. Hams from Wally Mseitif. 3A. Letter to Theodore Paul Hunter from Wally Mseitif dated December 10, 1997 with attachments. 4A. Copy of proposed Meridian West Plat Covenant. 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. mmaLa 1. The application for preliminary plat approval of Meridian West was heard by the Hearing Examiner on March 19, 1997,and approved by the City Council on June 3, 1997. Condition 2 Hearing Examiner Findings and Recommendation Meridian West 4SU-96-2 136ci of that approval required the owner/subdivider to "obtain public storm water easements for the entire conveyance system outside of existing City right-of-way or drainage easements." Exhibit 1, Hearing Examiner Decision. The applicant for the Meridian Wet plat was represented at the hearing on this request by Mr. Mel Daley. The applicant requests an amendment to this condition. Testimony of Mr. Mseitif&Mr. Daley. The City supports the request for an amendment to this condition based upon impossibility of performance. Testimony of Ms. Evezich. 2. The drainage analysis completed for the preliminary plat indicates that a stormwater easement would be necessary over property owned by Robert A and Carol J Mandich. Exhibit 1, Staff Report; Exhibit 2A. Mr. Mandich has refused to grant an easement over his property for stormwater conveyance purposes. Exhibit 4A, Attachment B. The applicant has considered alternate routes that would not involve the property owned by Mr. Mandich but these are not acceptable to the City. Exhibit 3A, Memorandum of Mr. Mseitif. 3. The City Attorney's Office has prepared a proposed Covenant to address the applicant's and Mandich's concerns. The Covenant would require the applicant to set aside the sum of $5,000 in a bank account for a period of ten years. The monies would be paid out in the event damages are incurred to the Mandich property or pond as a result of stormwater impacts from the Meridian West development. After the ten year period, any remaining funds would be returned to the applicant. Exhibit 4A. The applicant consents to this Covenant. Testimony of Mr. Mseitif. 4. It is not likely that the pond on the Mandich property will experience any negative impact from stormwater runoff due to the development of the Meridian West plat. The rate of release of any stormwater from the plat is expected to decrease due to stormwater drainage improvements. The stream course on the property would likely handle any additional runoff, if any, without causing an expansion of the wetland area. Testimony of Mr. Gary Gill. CONCLUSIONS The proposed modification of plat conditions by a Covenant which would allow the plat development to proceed is a reasonable method of accomplishing compliance with a condition of approval. The drainage system for the plat has been designed to decrease the rate of flow over the Mandich property. Thus, there should be no negative impacts on the pond or the property owned by Mandich. The alleged negative impacts to the Mandich property are mere speculation by Mr. Mandich. No engineering analysis was offered at the hearing in support of claims of negative impacts. Even if negative impacts should occur due to some unforeseen circumstance, the fund set aside in compliance with the proposed Covenant would be adequate to protect the property interests of Mr. Mandich. Therefore, the proposed modification should be approved. Findings of Fact No. 1,2,3, & 4. 3 Hearing Examiner Findings and Recommendation Meridian West 4SU-96-2 DEURM The proposed modification to the conditions of approval for this plat is APPROVED. The Covenant as described in Exhibit 4A shall be allowed to meet the condition described in Condition B6ci of the decision on this plat as approved by the Council. Dated this 2nd day of January, 1998. -P0�jmm� ?Ct'Xj 4�Am, THEODORE PAUL HUNTER Hearing Examiner 4 /t�jV Brenda Jacober, City Clerk CITY OF KENT 220 - 4th Avenue South Kent WA 98032-5894 (206) 859-3300 Grantor(s): 1. Walid Mseitif 2. Annette Mseitif Grantee(s): 1. City of Kent Legal Description: 1. Abbreviated form: N '/2 of E 'h of N `/2 of NE '/4 of SE '/4 of Sec 28 Twp 22 N R 5E Willamette Meridian in King County, Washington, except county road. Assessor's Property Tax Parcel Account Number(s): 282205-0107-01 MERIDIAN WEST PLAT COVENANT Recitals WHEREAS, on March 19, 1997, the Kent Hearing Examiner held a public hearing to consider an application known as the Meridian West plat(file no. SU-96-2),to subdivide 4.56 acres into 25 single-family lots; and WHEREAS,during the hearing,the Hearing Examiner considered the application, exhibits, staff report, and testimony and after due consideration of all evidence presented and an unaccompanied personal inspection of the property and surrounding area prior to the hearing, the Kent Hearing Examiner entered findings and conclusions in support of a decision approving the preliminary plat application subject to conditions (a copy of the Hearing Examiner's decision is attached as Exhibit A and incorporated herein by this reference); and WHEREAS,one of the Hearing Examiner's conditions of subdivision approval required"the owner/subdivider to obtain public storm water easements for the entire conveyance system outside of existing City right-of-way or drainage easements;" and WHEREAS, under Art I Section 11 of the Washington State Constitution, the City of Kent has police power authority to condition approval of land development to mitigate impacts for the public health safety and welfare of its citizens and has additional authority to require stormwater easements under Ch.43.21C RCW, Ch. 58.17 RCW,and Kent City Code Chapters 11.03 and 12.04; and WHEREAS,the owner/subdivider has substantially complied with the previously described condition except that Robert A. and Carol J. Mandich have refused,in writing,to grant a stormwater easement (a copy of said letter is attached as Exhibit B and incorporated herein by this reference); and WHEREAS, at the time of the preliminary plat hearing neither the City nor the owner/subdivider knew or had reason to believe that obtaining a stormwater easement from the Mandichs would become a legal impossibility; and WHEREAS,the inability to obtain a stormwater easement presents a substantial change in the circumstances surrounding the preliminary plat's review and recommendation for Condition No. 6(c)(iv); and WHEREAS,Mr.Mandich testified regarding his concerns about storm drainage and possible changes to storm drainage,but did not testify that he would not allow a survey or decline to convey a stormwater easement; and WHEREAS, in the absence of a survey to obtain stormwater measurements, the owner/subdivider has agreed to propose a reasonable cost estimate to address estimated impacts to the Mandich pond, and to enter into a covenant to apply the estimated mitigation funds to the Mandich pond;NOW, THEREFORE, The parties to this covenant do hereby agree as follows: Covenant Meridian West and Walid and Annette Mseitif owner/subdividers of the 4.86 acres located adjacent to 132nd Avenue SE between SE 263rd and 266th Street and known as the Meridian West preliminary plat declare the following covenants, conditions, and reservations as established to all of the property in said subdivision. This plat and declaration are made subject to the following restrictions and covenants which run with the land and shall be binding on all parties and all persons claiming under them. If the parties hereto or any of them or their heirs or assigns shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning any real property in said development, subdivision, or the City of Kent,to prosecute any proceedings at law 2 or in equity, against the person or persons either to prevent him or them from so doing or to recover damages for such violation. Invalidation of any of these Covenants by judgment or court order shall in no way affect any of the other conditions of preliminary plat approval which shall remain in full force and effect. 1. The City of Kent will allow the Meridian West preliminary plat to proceed prior to obtaining a stormwater easement from the Mandich property, yrovi& that if the owner of the Mandich property does later agree to grant a stormwater easement prior to the sale of the last lot of the Meridian West plat, the owner/subdivider will obtain such stormwater easement at its sole expense and in a manner consistent with City of Kent standards. 2. The owner/subdivider agrees to immediately set aside the sum of$5,000 in an escrow account for a period of ten years to be paid out in the event damages are incurred to the Mandich pond or the Mandich property as a result of stormwater impacts from the Meridian West development. 3. The escrow account will be established at a local bank and on a form approved by the City of Kent. 4. At the end of the aforementioned ten-year period,the funds,or any remaining portion thereof, will be returned to the owner/subdivider if no damages have occurred on the Mandich property as a result of the Meridian West plat development. 5. The owner/subdivider agrees that this covenant is directed only to Condition No. 6(c)(iv)of the Hearing Examiner's decision approving the preliminary plat of Meridian West dated April 2, 1997, and that all other existing conditions remain in full force and effect. 6. The parties to this covenant agree that any ambiguities contained in this document shall not be construed against the drafter. DATED this day of 1997. WALID MSEITIF CITY OF KENT By: Dated: GARY GILL, CITY ENGINEER Dated: 3 ANNETTE MSEITIF Dated: STATE OF WASHINGTON ) ) ss. COUNTY OF K I N G ) I certify that I know or have satisfactory evidence that is the person who appeared before me,and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the_ of the City of Kent to be the free and voluntary act of such City for the uses and purposes mentioned in the instrument. DATED: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires STATE OF WASHINGTON ) ) ss. COUNTY OF K I N G ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in the instrument. DATED: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires 4 STATE OF WASHINGTON ) ) ss. COUNTY OF K I N G ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in the instrument. DATED: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires / / PILAW TILESI028 MOVENANT.W PD 5 CITY OF LQ LTC-*? L] m p Jim White,Mayor Planning Department (206)859-3390/FAX(206)850-2544 James P.Harris,Planning Director OFFICE OF THE LAND USE HEARING EXAMINER (206)859-3390 Theodore P.Hunter Hearing Examiner FINDINGS, CONCLUSIONS AND RECOMMENDATION FILE NO: MERIDIAN WEST #SU-96-2 APPLICANT: Wally and Anne Mseitif REOUEST: 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 13, 1996 MEETING DATE: March 19, 1997 RECOMMENDATION ISSUED: April2, 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 to Tony Fuoco Bob Mandich George Webb WRITTEN TESTIMONY: None EXHIBIT P5� Hearing Examiner Findings and Recommendation Meridian West NSU-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 I. 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. 2. 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 ], Staff Report. P I Hearing Examiner Findings and Recommendation Meridian West #SU-96-2 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 #3 A Final Mitigation 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.i. z Hearing Examiner Findings and Recommendation Meridian West #SU-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 I. 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. P� � Hearing Examiner Findings and Recommendation Meridian West 9SU-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 Hearing Examiner Findings and Recommendation Meridian West #SU-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. GENERAL CONDITIONS OF APPROVAL: 1. The subdivider shall implement all mitigation measures required by the Determination of Nonsignifrcance for SEPA checklist 9ENV-96-62 for the MERIDIAN WEST Subdivision. poi b Hearing Examiner Findings and Recommendation Meridian West #SU-96-2 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 shall clearly delineate the existing public right-of-way, right-of-way 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 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 wedand(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 STABILITY,VISUAL AND AURAL BUFFERING, ?g -1 Hearing Examiner Findings and Recommendation Meridian West #SU-96-2 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 WITHN 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: r, 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 112nd 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. Pg 8 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 FJ Hearing Examiner Findings and Recommendation Meridian West #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. �� 1 D Hearing Examiner Findings and Recommendation Meridian West 9SU-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 poiad 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, Pg �'� 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 132ud 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 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 ( 1 ) foot( more, at the sole discretion of the Director of Public Works, based upon the ?� 12. Hearing Examiner Findings and Recommendation Meridian West #SU-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 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 Qf the entire length of the roadway aavement 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 SENSE 264th Street ) to City Standards for a Residential Street. i. The paved roadway width shall be a minimum of'2-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. PO 13 Hearing Examiner Findings and Recommendation Meridian Nest 4SU-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 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 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 Pg 1A- Hearing Examiner Findings and Recommendation Meridian West #SU-96-2 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 9111 regarding construction and extension 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 DEVELOPMENT PERMITS ON ANY LOT IN THE rn ERIDIAN NVEST' SUBDMSION (SU 96-02) THE OWNER/SUBDIVIDER SHALL: i. 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. Dated this 2nd day of April, 1997. THEODORE PAUL HUNTER Hearing Examiner .FA 15 Hearing Examiner Findings and Recommendation Meridian West #SU-96-2 APPEALS ER QM HEARING EXAMINER RECOMMENDATION ORDINANCE 3320 fexcemtl: 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. 12852 SE 265th St. Kent, WA 98031 August 22, 1997 Laurie Evezich COPY RECEIVEI-' Assistant City Attorney AUG 2k1997 City of Kent 220 4th Ave. So. Kent, WA 98032-5895 h (tt l;iC�f HiiUfney Dear Ms. Evezich: Thank you for your letter of August 18, 1997 . Our response to the situation is: 1 We do not plan to allow a survey crew onto our property. 2 We do not plan to allow a stormwater drainage easement for the proposed Meridian West development on our property. 3 We do not plan to allow a sanitary sewer system easement for the proposed Meridian West development on our property. 4 We have written Mr. Mseitif to ask him for any communication to be in writing so there is no misunderstanding by either party. Sincerely, Robert A. Mandich EXHIBIT Kent City Council Meeting Date February 3 . 1998 Category Other Business 1. SUBJECT: BENSON HIGHLANDS FINAL PLAT FSU-95-10 2 . SUMMARY STATEMENT: This is an application for the Benson Highlands Final Plat FSU-95-10. The subject subdivision contains 13 lots on 3 .79 acres and is located at 11208 SE 244th Street. 3 . EXHIBITS: Application for final plat and approved conditions of the final plat and Planning Director memorandum 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, Council ber seconds (1 to approve the staffs recommend ion of approval with Jlr conditions for the Benson Hi ands Final Plat FSU-95-101 and authorize the Mayor to sig he final plat mylar. s•is DISCUSSION rA N ACTION. Council Agenda Item No. 4E Appbcauon Fee:S 7c511 0) //tt�..n Acreage FCC f�b 0•U" P PLANNING DEPARTMENT other Fees. o R 4 7� ' Phone (253) 859-3390 TOTAL FEE. �0 DEC_1 n 199? y /D, CITY OF KEN1 TREASURY APPLICATION FOR APPROVAL I AL OF A FINALl not be P LONG SUBDIVISION (incomplete eth FxiR ncct!`F ILCF.(1NLY SUBDIVISION NAME AND NUMBER: 130AISO�V /.11&144ANLRS Sa- 95-/0 ACCEPTED BY: _ _— DATE CONSIDERED COMPLETE: APPLICANT pr FAsE COMPLETE APPLICANT: R• X. L• CO/US7RUGT/D/V MAILING ADDRESS: 1137 2 Z A"' AYE. E BEATTCE m-A ZIP Q ��- TELEPHONE: BUSINESS: 700.010 _ OTHER- FAX NUMBER: 72b'D!!o5 STATUS OF APPLICANT(i.e.: owner, agent, engineer, etc.),- LEGAL OWNER(S): maAg 4130ve ZIP MAILING ADDRESS: TELEPHONE: BUSINESS: OTHER: FAX NUMBER: LICENSED LAND SURVEYOR: 3-A%1 I7 B,QBcocK MAILING ADDRESS: 250 W lLK6S AV46 BREIC9TO•V WA ZIP 360.792•$875 36a 79Z--A�SB TELEPHONE: BUSINESS:ZS5.838-611$ OTHER: FAX NUMBER: DATE PRELIMINARY SUBDIVISION APPROVED BY CITY COUNCIL: LOCATION: NE%4 SEC Zo -2ZN R5EL✓M Z SE 244*NS7 IMPROVEMENTS ARE: BONDED: OFF9/TE CONSTRUCTED: ON9/TE TOTAL ACREAGE PLATTED: 5.67 AG• NUMBER OF LOTS: /3 AREA OF SMALLEST LOT: O. Z 2 AG _ AVERAGE LOT AREA: p 43 16 EXISTING ZONING: Al-M.�SRr-- --REQUIRED MINIMUM LOT SIZE: 9 9GI•FT. The undersigned property owners,under penally of perjury,each state that we are all of the legal owners of the property described in Exhibit A which is attache)as page_of this application,and designate .7'itY SA t3cocK to act as our agent with respect to this application. We also certify that the above information is true and correct to the best or our knowledge. SIGNA' (S)OF OyElj$ DATE 77 PI tPUUL10F0RMSkFINA1.PLA FRM CITY OF ZQ�1Ln'J��f 1_S Jim White, Mayor Planning Department (253) 859-3390/F1X(253) 850-2544 James P. Harris, Planning Director KENT PLANNING DEPARTMENT MEMORANDUM January 29, 1998 MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR RE: BENSON HIGHLANDS FINAL PLAT #FSU-95-10 On April 2, 1996. the City Council approved the Benson Highlands preliminary subdivision #SU--95-10, a 13-lot single-family residential plat. The site is approximately 3.79 acres in size and is located at 11208 SE 244th Street. Eighteen conditions were part of the Council's approval. The applicant has not complied with the conditions as listed below and has made an application for a final plat. Staff recommends approval of this application. CONDITIONS OF APPROVAL A. Prior to recordation of the BENSON HIGHLANDS subdivision: 1. The subdivider/developer shall implement all mitigation measures required by any Determination of Non-Significance for the SEPA checklist for the 'BENSON HIGHLANDS' Subdivision. See DNS issued for 4ENV-95-20. 2. The subdivider/ developer shall execute an environmental mitigation agreement to participate in,and pay a fair share of the construction costs of the City's South 272nd/ 277th Street Corridor Project. The minimum benefit to the subdivider/developer is estimated at$13,884 based upon 13 PM peak hour trips and the capacity of the South 272nd/ 277th Street Corridor. The final benefit value will be based on the number of lots approved on the final plat map multiplied times $1068 ( in 1986 dollars ) and as adjusted for inflation. 3. The subdivider/ developer shall provide engineering drawings for review and approval by the City, and either construct or bond for the following: 1101ih AVI!N[ E SOUTH / KENT,WASHINGTON 99032-580 TELISPHONE ('-57)q:q_;ZUu Memo: Jim White and City Council Members Re: Benson Highlands #FSU-95-10 January 29, 1998 Page 2 a) A gravity sanitary sewer system to serve all lots. The sewer system shall be extended to Southeast 244th Street and along the entire plat frontage thereon, and shall be sized to serve all off-site properties within the same service area. b) A water system meeting domestic and fire flow requirements for all lots. The system shall be looped to connect the water main on 112th Avenue Southeast with the Southeast 244th Street water main. c) A 32-foot wide paved roadway; concrete curbs and gutters; five foot wide concrete sidewalks along both sides of the plat street; street lighting; landscaping; drainage facilities; street channelization; utilities and appurtenances, and cul-de-sac turnaround on the plat street, per City Standards. This shall include a minimum 49-foot right-of-way along the roadway and a minimum 51.5-foot (at right-of-way line -- 45-foot at curb line) radius in the cul-de-sac turnaround, 25-foot radius curb returns, with five 5 foot wide concrete sidewalks and three 3 foot wide utility strips, 35-foot radius curb returns with five-foot wide concrete sidewalks, at the intersection of the plat street and Southeast 244th Street. d) A half street widening/ improvement of Southeast 244th Street across the entire subdivision frontage to City Standards for a Residential Collector roadway, including in front of the existing two homes on Southeast 244th Street. The paved half-street roadway width shall be 18 feet, and shall also include street lighting; sidewalks; drainage facilities; street channelization; utilities and appurtenances. NOTE: This is a change from the SEPA conditions, since SE 244th Street was not designated as a bicycle route in the City's Comprehensive Transportation Plan. These improvements shall also include sufficient pavement to provide a 12-foot wide eastbound lane on the southerly side of the roadway centerline, across the entire frontage of the subdivision; and necessary pavement transitions to the existing pavement to the east and west of the subdivision. In addition,the subdivider/developer shall install "No Parking" signs across the entire subdivision frontage on Southeast 244th Street. Finally, these improvements shall include a overlay of the existing roadway pavement, as necessary, to provide a 2%crown across the pavement; and, as necessary to meet City Standards for roadway pavement section for a Residential Collector roadway. Memo: Jim White and City Council Members Re: Benson Highlands 9FSU-95-10 January 29, 1998 Page 3 e) A minimum 6-foot wide gravel walkway along the northerly side of SE 244th Street; between the westerly subdivision boundary and 109th Place SE. f) A six foot wide paved walkway with graded gravel shoulders and with an approved crossing over Garrison Creek, connecting Road 'A' with 112th Avenue Southeast. 4. The subdivider/developer shall grant a ten-foot wide easement for public pedestrian access across the westerly side of the panhandle of Lot 10, and across Tract 'A', to provide for public access from Road'A' to 112th Avenue SE The subdivider/developer shall execute a signal participation covenant for the future installation of a traffic signalization system at the intersection of Southeast 244th Street and 104th Avenue Southeast. 5. The approved and preserved, and/or enhanced or created wetland(s) and its (their) buffer(s) shall be permanently protected as a separate sensitive area tract in accordance with the Kent Wetland Management Code. This tract shall be consistent with the wetland map contained within the Wetland Delineation Report and/ or Wetland mitigation plan, as appropriate. The buffer areas shall be isolated from intrusion and/or disturbance using landscaping, or other appropriate screens, as well as an approved fence. The fifty foot wetland buffer (NGPE) shall be included in Tract A and shown as such on the plat mylar. 6. Before, during, and after construction, fences and signs approved by the Department of Public Works shall be placed at the wetland buffer edge to protect the wetlands and their buffers, and to inform and educate the owners and the public about the value of wetlands. 7. A wetland mitigation bond shall be deposited by the subdivider/ developer with the City, prior to any work within the wetland area. The amount of this mitigation bond shall be 125%of the approved estimated cost for the construction, and maintenance for three years, plus an additional 10% of the total cost to cover inflation and administrative review. 8. A fifteen foot wide building setback line should be shown for each applicable lot as determined by the Public Works Director. Fill slopes in this setback shall not exceed 3:1 Memo: Jim White and City Council Members Re: Benson Highlands #FSU-95-10 January 29, 1998 Page 5 the final plat map, as shall be a permanent 50-foot wide sensitive area easement to be provided along each side of the creek, where it passes through this subdivision. 11. A Tract B shall be created for the public stormwater detention/infiltration and treatment system. Only conveyance and biofiltration facilities are to be permitted within the existing and accepted wetland buffers. New conveyance facilities, detention and treatment ponds will not be permitted within the existing wetlands or wetland buffer areas. 12. The subdivider/developer shall execute a Declaration of Stormwater Facility Maintenance Covenant prepared by the City's Public Works Department -- Property Management Section, prior to the issuance of any development permit. I I Lots 7, 8, 9, 10, and Tract B shall required a wooden rail fence along the wetland buffer edge. a minimum of two sensitive area/wetland signs per lot shall be installed or attached to the fence. 14. To mitigate for potential impacts to stormwater runoff quantity, the developer shall construct an above-ground on-site detention system in accordance with Kent Construction Standards for"Hill" development. Since this subdivision will discharge directly into Upper Garrison Creek a major waterway within the City of Kent, the following stormwater requirements for this subdivision are more restrictive than would otherwise be required by the Kent Construction Standards. a) An infiltration system is the preferred detention/ retention alternative, and shall be required unless proven infeasible by the developer's Engineer. b) Should infiltration prove infeasible for retention/ detention, the new storm drainage detention system shall be an open detention pond. c) Roof downspouts shall be directed to infiltration areas or trenches to allow water to infiltrate into the ground and recharge the wetland. Stub-outs will be provided for directing overflow into an approved conveyance system. 15. To mitigate for the potential impacts to stormwater quality, the developer shall construct an above-ground stormwater treatment system in accordance with Kent Construction Standards. Because this development will discharges directly into Upper Garrison Creek, stormwater treatment for this development is restricted to the following options in order of preference: infiltration after pretreatment (preferred), Memo: Jim White and City Council Members Re: Benson Highlands 4FSU-95-10 January 29, 1998 Page 6 wetpond, constructed wetland, biofiltration swale, or any combination of the preceding options acceptable to the Public Works Department. 16. A five foot wide drainage easement shall be conveyed to the City for the Garrison Creek conveyance channel in the northwest comer. Channel improvements, as designed by the Kent Public Works Department, shall be constructed by the applicant/developer. 17. The developer shall submit detailed Grading and Temporary Erosion and Sedimentation Control Plans to the City Public Works Department for review and approval prior to any on-site work. Design of temporary erosion controls shall be in accordance with Kent Construction Standards. 18. To prevent or minimize water pollution after construction, the site design shall incorporate Best Management Practices, or BMPs, wherever practicable. BMPs are specific structures or actions intended to prevent pollution at the source. Examples of BMPs include storm drain stenciling, covered storage areas, periodic sweeping of materials off of pavement surfaces before they can wash down into the storm drain, and trash bins with impervious lids. 19. Dedicate five percent(5%) of the total plat area being developed as open space park land or pay a voluntary fee in lieu of dedication as set forth in Ordinance No. 2975. B. Prior to issuance of a development permit on any lot in the BENSON HIGHLANDS subdivision: 1. The subdivider/developer shall construct the improvements noted in Section A, above. 2. A tree plan for the general site, for the roadway, and for all individual lots showing all trees six inches in diameter or greater, and their relationship to any proposed structure, must be approved by the Kent Planning Department prior to approval and construction of the final roadway design and prior to the issuance of a development permit for any lot. No trees of six inch caliper or greater shall be removed from any lot except to a tree plan approved by the Kent Planning Department. ch:fsu951 o.mem BENSON HIOHLANDS PION OF THE NORTHEAST QUARTER OF SECTION 20, TWP. 22 N., RGE. 5 E., CITY OF KENT, KING COUNTY, WASHINGTON MESI LINE 0. ME$NMw(ST QJIRRR —OF ME NORTHEAST DUARTER CE ME I— NDRMEAST DUARTER OF SECTION 20 o l o l 159,17 S pp'a6'26'' 452.96 .I 1 49796 _ r8 R 4 TRACT 'A' 6C. SENSINK AREA TRACT DEDICATED TO CITY Jw J� FOR WETLAND h BUFFERS ta�FM `O05 s ro 6�Ji61w. � cS t wETt.1ND - TRACT 'B' FOR STORY DETENTAON UntmE6 b ACCESS I J 3j h1J 50 2' .3. C S 6e3 ^'2 JTY OF .I PA J J1.3. 23 21 "1 60'1e'01' w S 57-56 TM- E TJ Np9L.0�w 9 `6 Jz 50> 1 65.26' 10 o 66'540j. 30.95 3.61' ,aSJr, F —EMI$IIND M cT, CIOas.3e ner C6 •e c9 ajOST s6 C12 S ee'9'54' E C) TSD 9: II N6 W 12i 633'N Ct] 22.21' eo •. e 6 n as ACT-S- C14 I C1 C2 n z CURV LOT LINE - L'-91-9 I o 12 I o CS N >6 a3,3,-w NRNE RA 69• Ct 1 ip. 2: S C2 5 C] -. c Q C5 5 5 Nee'.557w C. CS 5 n3.pY 3 C6 a o r s ce C9t2 13 a 25 25 4 ,�e ��f _ C" T u1 z uzIO T s 97.99' ]]Dr Al Ct.I 9.94 II' 135,00 N 66'4552' 112.'2 ' W S e!'.5'52-E colJJ S66'.5'52TE 151 72' I zZis' o . ' NDIIM LINE T •a_ i556 25.E6' n Ott ST RENTT LOT LINE p AOJUSNENT N0.L-91-16 z o = 1 I c I 2 g „ 1 - 25 25-112 - - R - 25�00'02 u• I C, BOW 56 z i 1a 9A R - 25.00' . 39.33 t - ]9.11' I L 25.06 10100' 25.06, 75.e4' 5 e9'a5'52- E S fip'45'52' E 151.69' c o I ]II 69 S.E. 244 th STREET x Kent City Council Meeting Date February 3 , 1998 Category Other Business 1. SUBJECT: LEASE AGREEMENT WITH KING COUNTY FOR COURT SPACE - AUTHORIZATION 2 . SUMMARY STATEMENT: Staff has negotiated a lease agreement with King County for 4 , 600 sq. ft. in the Aukeen Court building. The space will be used for Kent Municipal Court, and will be for five years beginning July 1, 1998 at $15 per sq. ft. per year, full service. Kent will make improvements to parking and furnishings which will be funded by the planned 1998 Councilmanic bond issue. 3 . EXHIBITS: Lease agreement and capital improvement detail 4 . RECOMMENDED BY: Staff (Lease will be presented to Operations Committee at its February 3 meeting) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $69 000 annual lease payment $545 000 capital improvements SOURCE OF FUNDS: General Fund Councilmanic Bonds 7. CITY COUNCIL ACTION: Councilmember 4!2z2A, moves, Councilmember/16q�� seconds (1) to authorize the Mayor to sign the lease agreement with King County for court space, subject to final approval of the City Attorney; (2) to establish the budget of $545, 000 for Capital Improvements identified in the proposed lease; and (3) to declare the Council' s intent to include these capital expenditures in the planned 1998 Councilmanic bond issue. DISCUSSION• - Ytp ACTION. A�nls�l Council Agenda Item No. 4F LEASE This Lease is entered into on the date fully executed below, by and between KING COUNTY, a political subdivision of the State of Washington ("Lessor"), and THE CITY OF KENT, a municipal corporation organized under Ch. 35A RCW ("Lessee"). 1. PREMISES. Lessor hereby leases to Lessee and Lessee hereby leases from Lessor that certain space ("Premises") containing approximately 4,200 square feet of floor area as set forth in Attachment A. plus use of all common areas in that building commonly known as the Aukeen District Court. For purposes of lease payments,the square footage shall be 4,200 plus a load factor of ten percent (10%) for a total of 4,600 square feet. The Premises constitute a portion of the building located at 1210 S. Central, Kent, Washington. 2. PAYIIENT. Lessee shall pay Lessor$5,750.00 per month(based on the annual rate of$15 per square foot for 4,600 square feet) except for lease credits as provided for in Sections 6 and 7 below. 3. LEASE TERM. This lease shall be for a five (5) year term and shall commence on July 1, 1998, and shall end on June 30,2003, unless otherwise terminated as provided for herein. 4. USE OF PREMISES. The Premises will be utilized by Lessee for the purpose of operating a municipal court and related ancillary uses, however, such use will be limited to City of Kent matters only. 5. SERVICES. Lessor shall provide a full service lease to Lessee under this lease agreement. Lessor shall provide all utilities to the premises, maintenance, custodial services, and security as is currently provided the Aukeen District Court at no cost to Lessee other than the lease payments provided for herein. Lessee shall install and maintain its own telephone and data systems at its own cost and expense. 6. FURNITURE. City shall purchase and install furniture for court clerk staff of both the City of Kent and Aukeen District Court as shown in Attachment B subject to prior approval of the Aukeen District court administrator. Furniture purchased by the City for use by Aukeen District Court personnel shall be the property of Lessor. Existing clerk furniture owned by King County shall be retained by King County. The existing furniture has been appraised for current value in the amount of S25,069 22 as set forth in Attachment E, and said amount shall be credited against the City's lease payments, as they become due, commencing with the beginning of the lease term until said amount is fully credited_ 7. CONSTRUCTION OF PARKING. City shall, within one year of occupancy, construct Phase I of additional parking consisting of approximately 21 spaces pursuant to plans similar to Attachments C and D. At the conclusion of one year, the parties shall meet and confer as to the need for additional parking. If it is mutually determined that more parking is needed, the City shall construct Phase II of additional parking pursuant to plans similar to Attachments C and D up to a maximum of 51 spaces. Parking spaces are to be constructed on both City of Kent and King County owned property. As consideration for the City's addition of value to county property for construction of Phase I additional parking,the City shall receive credit for 12 months lease payments which will be applied upon completion of construction of Phase I and after lease credits in paragraph 6. As consideration for the City's addition of value to county property for construction of Phase II additional parking, if constructed, the City shall receive a credit for an additional 12 months which will be applied upon completion of construction of Phase II and after credits for Phase I. 8. TERMINATION FOR DEFAULT. In the event a party is in default of this Lease following thirty (30) days prior written notice to cure said default, the party not in default may by reason of such default terminate this agreement by written notice to the defaulting party or pursue any remedy allowed by law. 9. INDEMNIFICATION. Lessor and Lessee agree that as to all third-parry claims, actions, or causes of action of whatsoever kind or nature made or asserted against either or both of them and arising out of the use of the premises under this agreement, each will be liable to the other to the extent of each party's fault and shall indemnify the other for such amount. As to all such third- party claims, actions, or causes of action which are a consequence of the sole fault of a party to this agreement, such party shall have the duty to defend, save, and hold the other harmless, and upon failure to do so, shall pay reasonable fees, costs, and expenses incurred by the other party to this Lease in defense of any such third-party claims or actions. 10. NOTICES. All notices to be given hereunder shall be in writing and shall be personally delivered, mailed, or sent by facsimile and addressed to the party at their respective mailing addresses as follows: To Lessor at: King County Property Services Division Attn: Tim Clancy, Leasing Supervisor King County Administration Building 500 Fourth Avenue, Room 500 Seattle Washington 98104 To Lessee at: City of Kent Attn: Facilities Manager 220 Fourth Avenue South Kent Washington 98032 IN WITNESS WHEREOF, the parties hereto have executed this Lease on the date fully executed as set forth below. LESSOR: LESSEE: KING COUNTY, WASHINGTON CITY OF KENT Bv_ : By: DAVID PREUGSCHAT, Manager JIM WHITE. Mayor Property Services Division Date: Date: AUKEEN DISTRICT COURT By: JUDGE JIM CAYCE Date: APPROVED AS TO FORM: APPROVED AS TO FORM: DENNIS McMAHON ROGER A. LUBOVICH Deputy Prosecuting Attorney Kent City Attorney P:LAWNCONTR Acrxrvacoux.Len �uiC� 0� +;gip �'lav�r 1 1997 City of Kent `, L,� Memorandum To: Y Brent McFall CC: Charlie Lindsey Margaret Yetter From: Michael Sigsbee W-v Date: July 31 , 1997 Subject: Square Footages at Aukeen The following represent possible leased areas and their corresponding square footages for the Aukeen District Court: Courtroom 1250 Courtroom 1250 Clerical 760 Front Counter .64 Judge's Office 192 Commissioner's Office 192 Court Administrator 120 Prosecutor's Office 80 Z%�- 3908 sq ft This information is based on preliminary discussions with City of Kent Court Administrator and Aukeen District d storage space noStrator an does common areas.not reflect any consideration for share 9 i .a ` f L v _ o� Y V� �II I _ < O c t � � O V o la .o I I I = -- -- - -77- -- -- --4--- I n $€ :S all °c 47 i R I Of - 3 CM2 -- s lzm a V • w M i � ,1 Y�• O J-! it �r•-., a a r'--f r wM � ra - g « I I a °.J L a{ i 2 lip i t II I s 1 : I j � I �_ _ricl 1:-ro' 911�I�7 BRODERICK ARCHITECTS September 19, 1997 Mr. Mike Sigsbee City of Kent Facilities 220 4th Avenue South Kent, Washington 98032 RE: Akeen District Court Parking Expansion Dear Mike, pursuant to our meeting and subsequent conversations concerning the Akeen District Court Parking Expansion,I have established some preliminary budget numbers based on the attached sketch. Please note from the sketch that I have moved the entrance from South 259th Street to the far eastem edge of the King County owned property. This adjustment allowed for a much more comfortable interface with the existing circulation pattern at the shared parking lot between the court and the jail. Furthermore, the placement of the new access drive to the east leaves a lot of flexibility in developing the comer lot, Phase II of future paring expansion, and the potential Akeen District Court Expansion. I hope this does not present any major political nightmares. PHASE I Site Work $8,700.00 Asphalt and Gravel $43,500.00 200.00 Curbing and Concrete 8 � Site Drainage(connecting to existing) $14,000.00 1 -7-1 Landscaping(immediate area only) $20,000.00 a J Contingency 10% $9,440.00 WSST S8,930,00 QQQ Total $112,770.00 1 PHASE II Site Work S6,000.00 Asphalt and Gravel $54,00.00 T 1 Curbing and Concrete S6,400.00 1 O ��l Site Drainage (connecting to existing) S14,000.00 Landscaping(immediate area only) S7,500.00 ��Q, O O Contingency 10% $8790.00 WSST $8,315.00 Total S 105,000.00 LANDSCAPING CORNER LOT Combination lawn, shrubs and trees w/ irrigation $36,125.00 These estimates are for budget analysis only and are based on established square foot cost. Please cony..-..- me if you have any questions or if you require any additional information. Sincerely, TURNKEY e06-----0c47 007- Turnke B�NESS INTERIORS QUOTATION # 2284-RG SOLD ATTN• CHARLIE LINDSEY DATE: 12l24J9 i T0: CITY OF KENT 220 FOURTH AVENUE S KENT, WA 0031 SHIP SAME T0: 85S-33- (FAX) UNIT EXT QTY DESCRIPTION ES77MATES FOR BUYING USED THE EMTTNG FURNITURE AT AUKE=N COURT 10 EA 2 PERSON WORKSTATIONS. $1,500.00 515.000.00 314" OAK LAMINATE WITH 1/4" NATURAL WOOD EDGE. 59"HIGH X 72"DEEP X 16 FT. LONG, 2 PERSONS. EACH WITH 2 OVERHEAD SHELVES, 7 CENTER DRAWERS 4 FABRIC COVERED TACKBOAROS AND 2 BOX FILE DRAWER PEDESTALS. 2 EA 18"X 27 METAL TYPING STANDS WITH OAK LAMINATE 3000 60.C9 TOPS &2 DROP LEAVES 125.00 1 EA 48" X 28"D SINGLE PEDESTAL DESK OAK LAMINATE 275.00 1 EA 30" X 82" DESK WITH RIGHT RETURN. OAK VENEER a LAMINATE t EA 24" OVAL SOLID OAK BUTCHER BLOCK OCCASIONAL TABLE 50.G0 1 LOT 2-36-MOE 2 DRAWER LATERAL FILES, PUTTY METAL 425.00 WITH 314" OAK LAMINATE TOP 5 EA METAL 36"W X 76"H X 17"D 6 SHELF -SHELF FILES 100.00 5Q0.00 „ 10 EA SAME AS ABOVE WITH RECEDING DOORS 150.00 1,500.00 12�24i97 12:a0 TUR"r(-r_Y 2E5-c_2-EGe� EE3 TurnkeyiNT N>=SS QUOTATION # 2284-RG PAGE 2 OF 2 SOLD ATTN: CHARLIE LINDSEY TO: CITY OF KENT 220 FOURTH AVENUE S KENT, WA 98031 UNIT EXT QTY DESCRIPTION 3.EA METAL SHELF FILE 36"W X 780'H X 30"0 175.00 525,00 DOUBLE SIDED, BACK TO BACK SHELVES 2 EA 36'W X 50-H X 15"0 4 SHELF SHELF FILE 50.Op 100.00 Z25.00 1 EA 34"X W' SINGLE PEDESTAL DESK 314" OAK LAMINATE W/ 114" SOLID EDGE WITH 60"H SHELF UNIT &TACKBOARD 1 EA OAK BOOKCASE 30'W X 15"D X 30"H 2 SHELF 75.00 2 EA POSTAGE TABLE 30"X 48" PARSON STYLE 75.00 150.00 SOLID OAK & LAMINATE 44 EA METAL INDUSTRIAL OPEN SHELVING, GRAY 75.00 3,300.00 15"D X 38"W X 75"H W!ADJ. SHELVES & BACK BRACES 1 EA 38'W X 18"D 3 HIGH RECEDING DOOR LATERAL FILE 225.00 WITH TEAK LAMINATE TOP 7 EA METAL 4 DRAWER LEGAL VERTICAL FILES 30,00 Z1a.00 1 EA METAL LETTER WIDTH 4"X 6" MULTI DRAWER 150.00 CARD FILES, 8 DRAWERS HIGH 1 EA MOBILE COMPUTER TABLE, 1S" X 24" PECAN LAMINATE 34.Q0 4 EA METAL 21'W X 28"D 6DAAWER 5"X 8" CARO FILE CABINET 150.00 SUBTOTAL $23,084 Gr WSST 9 8.5% 1,98S. TOTAL 325.OES-Z2 GENERAL GOVERNMENT-FACILITIES Project# FAC 98-20 PROJECT TITLE: Municipal Court PROJECT DESCRIPTIC N The costs in 1998 and 1999 are for relocation of the Kent Municipal Court to 4,600 sq.ft of leased space at the Aukeen District Court and site improvements including furniture,telecommunications,2 phases of parking lot expansion and landscaping. The amount in 2001 is for design and construction of a 14,250 sq.ft municipal court building to house 3 courtrooms and appropriate staff,or for the purchase of Aukeen District Court. These figures do not include any additional costs for land acquisition. FINANCIAL SOURCES AND USES (Amounts in Thousands of 1998 Dollars) Total Requested 1998 1999 2000 2001 2002 2003 BEYOND ------------------------------------------------- CAPITAL FINANCIAL NEEDS Land o Bldg.&Bldg. Improvements 2707 207 zsoo Site Improvements 332 208 124 Other Capital Outlay 130 130 ------------- o-------o TOTAL USES ------ 3169 545 124 0 2500 0 FINANCIAL SOURCES CIP Revenues Required 124 124 Councilmanic Bonds 3045 545 2500 -------------------------------------- TOTAL SOURCES 3169 545 124 0 2500 0 0 Q OPERATIONAL FINANCIAL NEEDS Salaries and Benefits 120 30 30 30 30 Other Operating Costs 243 .22.5 -32 -2.5 75 75 75 75 ------------------------------------------------- TOTAL OPERATING 363 -22.5 -32 -2.5 105 105 105 105 BACKGROUND When the city pulled out of the Aukeen District Court we leased and remodeled a building located at 302 W Gowe Street. This building has inadequate space. With the additional growth in caseload and the growth in the city,the court is in need of space. This project proposes$545,000 in 1998 to move the Kent Municipal Court to the Aukeen District Court facility. This move will provide the City of Kent with roughly 4,600 sq.feet of office space for ciencal,judges and courtrooms. Project costs include new system office furniture, utilizing the city's standard,moving casts, signage, telecommunications&electrical upgrades and expansion of the parking lot including ingress and egress via 259th Ave. 1998 costs inctude: Furniture 130,000 Telecom 73,000 Phase I Parking&Landscaping 208.000 Electrical,Moving&Other 47.000 Fees&Contingency 87,000 TOTAL 545,000 1999 costs include Phase II Parking&Landscaping 124,000 2001 costs include New 14,250 sq.ft Court 2.500.000 CONSISTENCY WITH DEPARTMENTAL AND CITYWIDE COMPREHENSIVE PLANS This is consistent with the Council's desire to have our own Court and with departmental plans to have more control over the costs associated with the Court system. Listed and adopted as part of the Citywide Comprehensive Plan. OTHER FACTORS SUPPORTING PROJECT The staff are extremely crowded and the Court is forced to use City Hall Council Chambers for overflow Court. This creates an extra burden on meeting rooms and additional wear and tear on a facility that was not designed for this purpose. Additionally, security is becoming more of an issue since the City Hall Building and the Council Chambers were not designed for courtroom activities. IMPACTS IF NOT FUNDED Continue as we are and force the Court to continue to operate in City Hall without appropriate security. As our society becomes more violent,we run the risk of undesirable events happening in City Hall and the downtown area-bomb threats, etc.Also,there is no current capacity for expansion under current circumstances, however moving to Aukeen would greatly increase our ability to expand in the future. �mw,�O�P � �� 1 ti �s�,;r �, Cv Hi �� � Q; K Kent City Council Meeting Date February 3 . 1998 Category Bids 1. SUBJECT: RUSSELL ROAD PARK TREE REMOVAL 2 . SUMMARY STATEMENT: The bid opening for this project was held on January 21, 1998 , with 18 bids received. The low bid was submitted by Wydham Design in the amount of $43 , 000. The Engineer' s estimate was $75, 000. The project consists of removing 226 poplar trees and stumps from the park by excavation, pulling all roots and hauling all wood off-site for proper disposal. Fifty of the poplar trees and stumps will be hauled to the Green River Natural Resources Enhancement Area to be used for habitat enhancement. 3 . EXHIBITS: Bid tab 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�8��_moves, CouncilmemberhJL seconds that the Russell Road Park Tree Removal project be awarded to Wydham Design for the bid amount of $43 , 000. DISCUSSION• � ACTION. hht F Council Agenda Item No. 5A BID TABULATION FORM KENT PARKS AND RECREATION DEPARTMENT CITY OF KENT, WASHINGTON PROJECT: RUSSELL ROAD PARK PROJECT: PR #98-01 DATE: JANUARY 21. 1998 ADDENDUMS Check BIDDER: BASE BID (in dollars) #1 #2 #3 /Bond 1. Wydahm'Design $43,000.00 d d d d 2. Devco Construction 549900.00 d d d 3. NW Wastewood Management 66,400.00 d d d d 4. Fast Cats 72,227.00 d d d d 5. Elk Mountain 69,990.00 d d d d . 6 . Tydico Inc. 161,592.98 d d d d 7. Scarcella Brothers Inc. 93,483.00 d d d d 8. Jensen Sand & Gravel 74,740.00 d d d d 9. Shear Transport Inc. 69,690.00 d d d d 10. Cooper Logging &Tree Service 77,500.00 d d d d 11. Ecklund Excavating 72,751.80 d d d d 12. Clean Service Co. 90,000.00 d d d If 13. TF Sahli Constsruction 68,480.00 d d d ,( 14. Robinson Trucking & Constr. 85,000.00 ( d d d 16. Sandland Construction Inc. 123,709.00 f r If d' 16. Evergreen Inc. 85,000.00 ( If d d 17. C A Goodman Construction 75,041.28 d d d 18. Summitt Tree Service 83,304.00 d d d d ENGINEERS ESTIMATE: $75,000 P:A D M I N I L O R I FIB I DTA B CONTINUED COMMUNICATIONS A. R E P O R T S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTEE D. PLANNING COMMITTEE E. PUBLIC SAFETY COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS BRENDA JACOBER (Please put in Council agenda CITY or jEMjff4T packet) Jim White, Mayor Planning Department (253)859-3390/FAX(253)850-2544 James P. Harris, Planning Director CITY COUNCIL PLANNING COMMITTEE MINUTES December 9, 1997 Planning Committee Members Presen Other Leona Orr, Chair Jackie Reis, South County Journal Tim Clark Linda Johnson, Kent Downtown Partnership Val Batey, Regional Transit Authority Planning Committee Members Absent Jon Johnson Planning Staff James P. Harris, Planning Director Fred Satterstrom, Planning Manager Kevin O'Neill, Senior Planner Linda Phillips, Planner Margaret Porter,Administrative Assistant III Pamela Mottram, Administrative Secretary DOWNTOWN STRATEGIC ACTION PLAN - (Linda Phillips) Planner Linda Phillips commented that the North Frame District was approved by the Planning Committee on August 19, 1997 and the East Frame District in September. She said that discussion would begin with the Central Corridor District. Ms. Phillips went over the Summary of Recommendations for the Central Corridor District that included related Land Use and Planning Board Recommendations. Ms. Phillips explained the present design guidelines for City of Kent downtown streets based on Kent Zoning Code Provisions. She said the specific recommendations for design guidelines in the Central Corridor District are found in Section IV-I 1 of the Downtown Strategic Action Plan. Mr. Clark commented on his concerns with the routing of bus traffic along Central Avenue. He noted that wider sidewalks will allow for the space needed for the bus turnouts. Ms. Phillips explained that the Downtown Strategic Action Plan(DSAP) will be adapted at the time the rail station design, location and requirements are established. Mr. Clark said for the City of Kent to create a pedestrian friendly downtown area, buildings will need to be set further back from the streets as buses take more street space. Ms. Phillips said that 12 foot sidewalks have been considered as part of the planning process. 220 Ith AVENUE SOUTH / KENT.WASH INGTON 4804_.j845 i TELEPHONE 1153)454-1IM City Council Planning Committee Minutes December 9, 1997 Page 2 Mr. Satterstrom explained that the design guidelines for Central Avenue allow for pedestrian traffic and recognize Central Avenue as an auto oriented area. He said that the DSAP does not address the use of traffic signals on Central Avenue to control the bus traffic. Mr. Satterstrom spoke at length on bus routing alternatives. Mr. Hams said that Central Avenue has four narrow lanes of traffic and few sidewalks. Mr. Harris explained that Planning staff would like to see buildings set back further to allow for wider sidewalks. Mr. Clark commented that a bus stop north of James and Central, running in an east-westerly direction, will draw bus traffic from four directions. He said that Central Avenue will than receive 75% of the bus traffic. Dialogue between Ms. Orr and Mr. Clark regarded bus traffic turnouts and impact on the streets. Mr. Clark said tha. ._ development occurs, the City of Kent needs to remain aware that the Central Corridor is only a five-block area. Mr. Harris, Mr. Clark and Chair Orr discussed possible word amendments to the DSAP addressing accommodations to speed transit connections. Mr. Hams stated that amendments to the DSAP can be considered when Engineering begin to draft their plans. The planning process will accommodate both bus and pedestrian traffic. Ms. Phillips commented on Chair Orr's concerns about grade separation at James Street by referring to Section VI-35 and VI-36 of the DSAP. Discussion coni.nued regarding possible locations for the bus terminal. Tim Clark MOVED and Leona Orr SECONDED a motion to approve staff recommendation with the word modifications as outlined in the Summary of Recommendations for the Central Corridor District. Motion carried. Ms. Phillips stated that the East Frame District recommendations have been decided. Ms. Phillips went over the "Summary of Recommendations for the West Frame District." She reviewed Section IV-16 of the Downtown Strategic Action Plan. Ms. Phillips explained that this section describes the West Frame District area and proposed public improvements including a new access street and connecting the interurban trail to core districts. Mr. Clark asked Ms. Phillips what improvements are planned for pedestrian bike lanes. Mr. Clark commented on the dangers of the interurban trail crossing at Willis and State Route 167 due to: high volumes of traffic on Willis Street,congestion because of the outflow roads from the industrial district south of Willis Street, and traffic feeding onto Willis Street from the northbound ramp of the 167 freeway. Shoreline Master Program Grant from Dept of Ecology Downtown Strategic Action Plan City Council Planning Committee Minutes December 9, 1997 Page 3 Mr. Harris said that a sidewalk is located on the north side of Willis Street and the interurban trail is well identified. Mr. Hams explained that the West Frame District plan recommends creating a bike trail connection to downtown on the north side of Willis Street. Tim Clark MOVED and Leona Orr SECONDED a motion to adopt the West Frame District Plan as presented by staff. Motion carried. RAIL STATION PROPOSALS Ms. Phillips commented that the South,North and Historic Core Districts will be impacted as a result of the rail station location. Threfore, staff wished to discuss the rail station issue prior to the review of the other three districts. Senior Planner Kevin O'Neill introduced Val Batey of Sound Transit to comment on the RTA's environmental assessment. Mr. O'Neill stated that the environmental assessment report will supplement the Environmental Impact Statement(EIS), completed in 1995, for the Seattle to Tacoma Corridor rail project. Sound Transit held a series of open houses in October as part of their assessment process. Mr. O'Neill explained that two alternate locations are being considered for the downtown rail station at the Council's request: 1) The north station location is between Smith and James Street with associated parking to the east(between the tracks and Central). 2) The south station location uses the historic depot site and proceeds south from Meeker Street with an associated parking structure along the east side of the tracks. Mr. O'Neill said that the Kent Downtown Partnership suggested an alternate rail station location that would begin at Gowe Street and move south toward Willis Street. Mr. O'Neill explained that Sound Transit's design parameters calls for a platform of 1,000 feet in length. Mr. O'Neill explained that Sound Transit is proposing to locate the alternate north station location platform between Smith and Gowe Streets using parking on the Borden play field site. Ingress and egress would be from Smith, Creek and James Street. Mr. O'Neill commented that the environmental assessment draft is scheduled for completion by December 19. He said that there will be a 30-day comment period following completion of the environmental assessment. A series of public meetings will be scheduled during the week of January 13, 1998 allowing the public opportunity to comment. Mr. O'Neill explained that comments will cover analysis of the two alternate sites. The fUld environmental assessment report is scheduled for completion and presentation to the RTA board in February 1998. Shoreline Master Program Grant from Dept of Ecology Downtown Strategic Action Plan City Council Planning Committee Minutes December 9, 1997 Page 4 All of the Corridor station locations have been decided except for Tukwila and downtown Kent location. Ms. Val Batey stated that Sound Transit has found that using the Borden play field for a park and ride lot for the north rail station location is not consistent with Kent's Comprehensive Plan. Ms. Batey commented that Planning and Public Works staff is concerned with traffic issues in that area. Ms. Batey stated that a rail station configuration for both the north and south rail sites is included in the environmental assessment report. She explained that Sound Transit is looking at two parking alternatives at the south site location that includes a parking structure and surface parking lot. Ms. Batey commented that budget constraints may not allow for a parking structure. She said that Sound Transit is looking at surface parking for the north site. Mr. Clark suggested the use of alternate modes of travel for commuters to and from the rail station. Ms. Batey explained that as people become aware of alternate forms of transportation, parking lots could be converted to other uses. Mr. O'Neill shared ideas gleaned from studying long established rail systems in Chicago. He said that adequate parking is essential as most commuters travel to a central location by car to ride on rail systems. Mr. O'Neill commented that a public meeting date has yet to be decided for January. Mr. Satterstrom brought to the Committee's attention that the comment period will begin December 19 and end before the next Planning Committee meeting in January. He suggested that the Planning Committee may wish to hold a special meeting prior to the end of the comment period if wished to discuss the document. Ms. Phillips spoke at length regarding the EIS process for the commuter rail station as it relates to the Sound Transit commuter rail project. Ms. Phillips said the review process could extend into January so the DSAP decision process may coincide with the issuance of the final Sound Transit environmental information. Ms. Phillips went over the proposed language revisions in Section V(1-3). "Vision: Growing a Home Town"saying that the eressed threugh ianguage is to be deleted and the underlined langlage is to be added. She stated that no changes are proposed for the section From the Present to the Future. Ms. Phillips said that Planning staff recommends modifying language in this section for improved clarity. Mr. Clark voiced his concerns about committing to a performing arts center in a particular location due to funding and maintenance, and operating budget constraints. Mr. Clark suggested that the "Vision"section of the Strategic Action Plan currently places the Civic and Performing Arts Center Shoreline Master Program Grant from Dept of Ecology Downtown Strategic Action Plan City Council Planning Committee Minutes December 9, 1997 Page 5 in a specific location. Since an actual site has not been determined, a specific locational reference should not be included in the phrasing. Planning Director Mr. Harris commented that he would hope the Mayor and City Council will see the value in constructing a performing arts center downtown instead of on the outskirts of town. Mr. Harris explained that a performing arts center will act as a magnet to draw a mix of cultures to the downtown area. Mr. Harris commented that the center will create a viable atmosphere for people to meet. He further stated that the Plan should incorporate a specific location reference for the performing arts center to be located downtown. Mr. Clark concurred with Mr. Hams. Mr. Clark commented that funds for an election for a public bond issue for the Civic and Performing Arts Center is part of the 1998 budget. Mr. Clark suggested that additional phrasing be added to the plan for the future vision on alternative forms of transportation. Mr. Clark recommended the addition of"the City continues to invest in more bicycle routes as the population of the valley floor becomes denser, allowing the City to remain viable." Leona Orr suggested that the following portion of the Vision stating: "the first phase of the Borden site redevelopment will be underway"should be rephrased as "may be underway"as redevelopment at this site is only speculative. Mr. Harris said development plans for this site are at least fifteen years away. Mr. Clark commented that the Plan needs to address the various forms of recreation that the City of Kent has already established in the Valley floor. Ms. Phillips concurred that this is a vital component. Mr. Clark said that"educational opportunities" need to be referenced in the"Vision." Mr. Clark and Mr. Harris spoke about the need to expand the Public marketplace as a central area where people can converge. Mr. Harris cited Seattle's Pikes Place Market as an example. Ms. Orr commented that if a special January meeting date is scheduled, it will be announced later. ADDED ITEM: D.O.E. GRANT FOR KENT SHORELINE MASTER PROGRAM - (Kevin O'Neill) Senior Planner Kevin O'Neill said that the Planning department applied for a grant from the State Department of Ecology in February 1997 to update the Shoreline Master Program(SMP). Mr. O'Neill explained that it is necessary to update the SW due to regulatory reform changes in Washington State Law adopted by State Legislature in 1995. Mr. O'Neill commented that the Department of Ecology has been rewriting the Washington Administrative Code. Mr. O'Neill also explained that an update is necessary since the City of Kent has annexed portions of the Green River and Lake Meridian,which are not part of the City's existing Shoreline Master Program. Mr. O'Neill stated the City has used Shoreline Master Program Grant from Dept of Ecology Downtown Strategic Action Plan City Council Planning Committee Minutes December 9, 1997 Page 6 King County's master program on an interim basis since no local regulations exist in Kent's program. Mr. O'Neill said that the Department of Ecology (DOE) has approved Kent's grant request. Mr. O'Neill said that the DOE has given the City $23,000 and the City of Kent is matching this amount with$27,000, for a total of$50,000. A Grant Agreement prepared jointly by the DOE and the City of Kent is currently under review with the City Attorney's office. Mr. O'Neill said Planning staff is requesting a recommendation from the Planning Committee to the K City Council authorizing the Mayor to sign the grant agreement with the DOE, pending review by the City Attorney's office and approval of the 1998 budget. Committee member Tim Clark said the Shoreline Master Plan addresses shoreline inventories designations and development regulations. He asked Mr. O'Neill if the City of Kent was proposing a new master plan. Mr. O'Neill explained that the existing master program contains goals and policies, and a set of development regulations relating to the Green River. With the annexation of the Lake Meridian area, new goals and policies, and development regulations appropriate to residential lake front areas are needed. Tim Clark asked Mr. O'Neill if the City should be following the same guidelines as the County concerning the Growth Management Act(GMA). Mr. O'Neill commented that the City could follow the County's guidelines on land use and zoning regulations but not from a shoreline regulation perspective. Mr. O'Neill explained that many regulations ultimately adopted by the City of Kent will be similar to King County's regulations. Mr. O'Neill said that community involvement will be an integral part of the regulation change process. Tim Clark commented that eventually the Soos Creek area will become part of Kent's boundary area. Mr. O'Neill said that Soos Creek would not be considered a shoreline of statewide significance. Tim Clark MOVED and Leona Orr SECONDED a motion to recommend to City Council that the Mayor be given the authority to sign the grant agreement with the DOE, pending review by the City Attorney's office and pending final approval of the 1998 budget by the City Council. Motion carried. ADJOURNMENT The meeting was adjourned at 5:05 p.m. Downtown Strategic Action Plan- Central Core District West Frame District Rail Station Proposals Visron:Growing a Home Town BRENDA JACOBER CITY CLERK PARKS COMMITTEE DECEMBER 27 1997 Council: Judy Woods, Chair Staff: John Hodgson, Lori Flemm, Tom Brubaker, Teri Petrole-Stump Audience: John Dippold, 220 5th Ave., Seattle, 622-8020; Mel & Marilyn Jeffres, (signed in) 911 W. James, Kent 854-2311; George Billings 1011 SE 200th, Kent, 852-3602; Jim Stone, S.S.M.D. Councilmembers Epperly and Johnson were absent. The meeting was cancelled due to lack of a quorum. Item 2: State Route 167 Noise Abatement Barriers. This item was moved for discussion to the Public Works Committee meeting on December 3, 1997. Chair Judy Woods reviewed and approved the following items and authorized them be forwarded to City Council on December 9, 1997. Councilmember Epperly and Johnson were contacted and voted their concurrence. Accept the balance from the 1989 King County Open Space Bond Fund and amend the Clark Lake Wetland budget. Approve selling the Jean Austin property and amend the playground equipment budget. Accept interest earned in the Park Land Acquisition Account budget and amend it for future land acquisition. Approve the Quit Claim Deed to King County for the Soos Creek Trailhead. Attachment: Youth/Teen Report for November 1997 Youth and Teen Services Report November 1997 Highlights and Updates Lighthouse: Monthly attendance for Lighthouse at Sequoia Jr. High and Kent Jr. High: *Sequoia Jr. High "Kent Jr. High 1996 1997 1996 1997 January 613 teens 763 teens 480 teens 522 teens February 967 teens 881 teens 412 teens 480 teens March 959 teens 896 teens 521 teens 759 teens April 652 teens 1003 teens 350 teens 519 teens May 837 teens 885 teens 373 teens 602 teens June 606 teens 448 teens 206 teens 386 teens July 429 teens 393 teens 130 teens 225 teens August 109 teens site closed 77 teens site closed September 460 teens 532 teens 406 teens 532 teens October 699 teens 751 teens 651 teens 457 teens *Sequoia site is open 3 nights per week **Kent Jr. High sit is open 2 nights per week The "Teensight" group made a presentation for the Lighthouse steering committee. Teensight is looking for the approval for the youth to produce a series of teen focused features about the Lighthouse program. The "Lighthouse Lighting" basketball team pulled off three major upsets to make it to the finals of the Late Night basketball tourney in Seattle. They took 2nd place! This performance was from a team that hadn't won a game all season.! Reclamation Art Project: Dedications were held for the newest reclamation art project at Lake Meridian Park, Springwood and two Housing Authority complexes on Saturday, October 25th. They were well attended by the youth artists, parents, and the public. The young artists were especially pleased to be part of the process and proud to be recognized at the dedications. Teen Employment: A "job shadowing" field trip was offered to KM students on a school conference day (schools are closed). 15 students attended the trip to the Laborer's Union training complex in Kingston, WA. The teens had the opportunity to see concrete cutting, flagging techniques, cement removal and pouring. The teens were treated to a steak lunch courtesy of the Laborer's Union. The next job shadowing field trip is scheduled for January 28th and will incorporate several job sites. Kent Parks has received over a dozen phone calls from interested teens for employment applications for the community P-Patch program. More than half the teens that responded participated in the Youth Trails Corps. this past summer. Applicants will be required to submit a cover letter, resume, school transcripts and a copy of their attendance record for the current school year. By requesting these records we are attempting to reinforce the school-to-work concept. Youth/Teen Report November, 1997 Mobile Recreation Bus, "Big Blue": The 38 foot , blue, mobile bus is a traveling recreation center which provides youth and teens the opportunity to experience hands on use of current computer technology as well as traditional park and recreation activities. For the month of November "Big Blue" has made the following presentations: November 6 Super T Day 10 participants November 7 Lighthouse-KJH 15 participants November 12 Club Accelerate-Park Orchard 20 participants November 12 Scenic Hill Elem. 30 participants November 12 Lighthouse-Sequoia Jr. High 15 participants November 13 Super T Day 10 participants November 14 Kent Elem Teachers Mtg. 2 teachers November 14 Club Accelerate-Horizon 20 participants November 17 Lake Young Elem.-Brownie 's 13 participants November 17 Lighthouse-KJH 20 participants November 18 Super T Day 10 participants November 19 Scenic Hill Elem. 30 participants November 19 Club Accelerate-Park Orchard 20 participants November 20 Super T Day 10 participants November 21 PRO Club- James St. Crossing 1 ap articipant November 21 Lighthouse-KJH participants s November 24 PRO Club-James St. Crossing 7 participants November 24 Lighthouse-KJH 15 participants November 25 Super T Day 6 participants November 25 Club Accelerate-Neely 20 participants November 26 Senior Center 10 participants November 26 Club Accelerate-Park Orchard 20 participants Teen Outdoor Adventure Club (T.O.A.C.): Outdoor field trips and outings have been extremely popular with teenagers participating in Youth and Teen services programs. The teens have formed a outdoor club commonly referred to as T.O.A.C. (Teen Outdoor Adventure Club). Membership is open to any teen living in the Kent area. The teens held two club meetings during the month of November and the following is a list of trips taken: November 8 Husky Football game 4 teens November 15 Day trip to Ocean Shores 7 teens (Also attended by Teensight to produce a teen show on outdoor trips) November 22 Flag Football - Apple Cup 7 teens December 5 Argosy Cruise Holiday boat N/A The Teen Leadership Council in partnership with the Kent Police Department attended the Leadership weekend at Camp Murray in Tacoma, November 22nd and 23rd. The focus of the 2nd annual weekend was on goal setting, violence prevention and positive choices of use of free or unscheduled time.