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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 01/04/2000City of Kent City Council Meeting Agenda CITY OF Mayor Jim White Counciimembers Leona Orr, President Sandy Amodt Connie Epperly Tom Brotherton Judy Woods Tim Clark Rico Yingling January 4, 2000 offce of the cny cWk CITY Of LELa1B Zi SUMMARY AGENDA KENT CITY COUNCIL MEETING January 4, 2000 Mayor Jim White Council Chambers 7:00 P.M. MAYOR: Jim White COUNCILMEMBERS: Leona Orr, President Sandy Amodt Tom Brotherton Tim Clark Connie Epperly Judy Woods Rico Yingling 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC 4. PUBLIC COMMUNICATIONS A. Oath of Office B. Introduction of Appointees C. Employee of the Month S. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes - Approval B. Bills - Approval C. Drinking Driver Task Force Reappointments - Confirm D. Land Use & Planning Board Reappointment - Confirm E. Regional Justice Center Citizens Advisory Committee Reappointment - Confirm F. Economic Development Corporation Board Reappointment - Confirm G. Kent Human Services Commission Appointment - Confirm H. Swan Court II Final Plat - Approval 7. OTHER BUSINESS A. SEATABO Rezone B. Mayor's Authorization for Administrative Acts on Approved Programs or Projects - Resolution C. Election of Council President 8. BIDS None (continued next page) i SUMMARY AGENDA CONTINUED 9. REPORTS FROM STANDING COMMITTEES AND STAFF 10. REPORTS FROM SPECIAL COMMITTEES 11. CONTINUED COMMUNICATIONS 12 EXECUTIVE SESSION None 13. 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 Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC PUBLIC COMMUNICATIONS A) OATH OF OFFICE B) INTRODUCTION OF APPOINTEES C) EMPLOYEE OF THE MONTH CONSENT CALENDAR 6. City Council Action: Councilmember tyAJL1 moves, Councilmember W seconds that Consent Calendar Items A through H be approved. Di Acti W. 6A. Approval of Minutes. Approval of the minutes of the Special Council Meeting of November 23, 1999, and the regular Council meeting of December 14, 1999. 6B. Approval of Bills. No information available due to cancellation of the December 21, 1999 Operations Committee meeting. Approval of checks issued for payroll for December 1 through December 15 and paid on December 20, 1999: Date Check Numbers Amount 12/20/99 Checks 240602-240889 $264,655.23 12/20/99 Advices 88594-89198 904,100.24 $1,168,755.47 Council Agenda Item No. 6 A-B Kent City Council November 23, 1999 A special meeting of the Kent City Council was called to order by Mayor White at 5:00 p.m. Present: Councilmembers Amodt, Brotherton, Clark, Epperly, Orr, Woods and Yingling, Operations Director McFall, City Attorney Lubovich, Fire Chief Angelo, Police Chief Crawford, Finance Director Miller and Parks Director Hodgson. Approximately 50 people were at the meeting. Mayor White noted that the purpose of this special meeting is to discuss the property tax levy. Operations Director McFall explained that the two issues regarding the property tax are the actual levying of the property tax and, if Council so desires, preserving their right in the future to utilize the full taxing resources. He displayed graphs and explained the City's funding and taxes. He said that the proposal for consideration is a property tax rate of $3.204 per $1,000 of assessed value, and the matter before Council is to approve the property tax levy in the amount of $18,897,553 for the general fund and $1,830,793 for debt service funds. He explained that this is considered a zero percent increase over the highest allowable tax from the previous years and would result in collections of approximately $1,000,000 more in 2000 than in 1999. McFall then answered questions from Council - members regarding the implicit price deflator, the consumer price index, and rates in other cities. Mayor White commented that staff has recommended adoption of an ordinance establishing the 2000 property tax levy and said he concurs, with no increase for inflation. WOODS MOVED to approve Ordinance No. 3493 establishing the property tax levy of $18,897,553 for the General Fund and $1,830,793 for the Debt Service Funds, and further establishing the maximum allowable property tax revenues for the year 2000 with no increase in the 2000 property tax revenues over the highest allowable property tax revenues for 1999 and with no increase for inflation. Orr seconded. McFall recommended changing the word "hearing" to "meeting" and it was so ordered. Yingling expressed concern about labor costs, productivity, public safety and technology, which were addressed by McFall. Mayor White added that cuts will continue in the City Council Meeting Page Two November 23, 1999 2001 budget. Amodt noted that although the total levy rate has gone down, the assessed values go up, and suggested a rate of 3.00 which would still result in additional funds to the city but would let the citizens break even. Finance Director Miller stated that a 3.00 rate would result in a $1,300,000 impact, or a reduction of 24 more positions. Brotherton suggested holding the line now rather than facing a worse problem in the future. Clark reiterated that the City is attempting to do with less. Orr pointed out that the county determines assessed valuations, and that the city has held the line for several years. Upon a question from George Smith, 9505 S. 241st Street, McFall reiterated that the increase in revenue over last year is approximately $1,000,000. Robert O'Brien, 1131 Seattle Street, proposed changing the rate to 3.10 because other agencies also have projects which taxpayers must pay for. Tod Stewart, East Hill, said staff could do with the same amount of money received last year. Carol Voss, 14610 SE 266th, said that the Mayor, Council and staff are doing a good job wrestling with this difficult problem. Hill Young, 1005 E. Guiberson, said $1,300,000 could easily be cut out of the budget plan by eliminating things such as arts projects and parks. Woods clarified that the $700,000 in the budget for a park at Clark Lake is not city money, but is money which is contingent upon receiving a grant from the state. Nancy Stewart, 9810 5.231st Street, spoke in opposition to taxes. Rodney Bishop, Lake Meridian, spoke in favor of the 3.00 rate, and suggested cutting expenses. Pete Curran, 300 Scenic Way, urged the Council to remember and respect the thousands of citizens who have not appeared before them on this issue. Jane Oualmann, 414 Kennebeck Avenue South, explained that her family chose to live in Kent because of the parks, churches, open space, senior programs, and good services, and said she does not mind paying for them. Adrienne Lindblad, 26321 97th Avenue South, said the water rate increase penalizes large families, and that the Council should think of ways to do with less. City Council Meeting November 23, 1999 Page Three The motion to adopt Ordinance No. 3493 then carried with Amodt opposed. WOODS MOVED to approve Ordinance No. 3494 protecting the future right of the Council to levy the maximum amount by authorizing a limit factor of 6% over the last years highest allowable levy. Orr seconded. Woods explained that this is a bookkeeping item which must done in case of an emergency. McFall noted that, as with the previous ordinance, the word "hearing" should be changed to "meeting". There was no objection. The motion then carried with Amodt opposed. Mayor White commended the Council for their attention to this matter and expressed support for their actions. The meeting adjourned at 6:05 p.m. Brenda Jacobe CMC City Clerk Kent, Washington December 14, 1999 The 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, Orr, Woods and Yingling, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Police Chief Crawford, Fire Chief Angelo, Public Works Director Wickstrom, Planning Director Harris, Parks Director Hodgson and Information Services Director Mulholland. Approximately 125 people were at the meeting. CHANGES TO Operations Director McFall requested that property AGENDA negotiations be added to the executive session. PUBLIC Employee of the Month. Mayor White announced that COMMUNICATIONS Joye Honeycutt of the Information Services Department has been selected as Employee of the Month for December. He noted that she is informa- tive, friendly, and accurate, and that her work ethic, knowledge and skills are incredible. Information Services Director Mulholland added that Ms. Honeycutt has been a valued employee for ten years and offered congratulations. The Mayor then presented Ms. Honeycutt with the Employee of the Month plaque. Introduction of Appointees. Mayor White intro- duced his appointees to the Drinking Driver Task Force and the Diversity Advisory Board. Greater Kent Historical Museum Presentation. Museum Director Jack Becvar and President of the Greater Kent Historical Society Ed Reitan, Jr., presented the Mayor with a photo of the museum and a plaque in appreciation for allowing them to use this piece of Kent property as a museum. Mayor White expressed thanks to all who are involved in preserving the past. Reaional Justice Center Presentation. Commander Ray Coleman of the Regional Justice Center and Captain Ron Howerton, liaison, presented Certificates of Recognition to Sgt. Brian Jones, Sgt. Jon Pagel and Sgt. Joe Gagner of the Kent Police Department in appreciation of their exemplary service to the King County Department of Adult 11 Kent City Council Minutes December 14, 1999 PUBLIC Detention during the recent World Trade COMMUNICATIONS Organization demonstrations. Sgt. Jones said they enjoyed working with Regional Justice Center staff in planning for the event, and were honored to help. CONSENT ORR MOVED to approve Consent Calendar Items A CALENDAR through M, with the exception of Items E and I which were removed by Councilmember Amodt. Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 6A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of November 16, 1999. HEALTH (CONSENT CALENDAR - ITEM 6H) SANITATION Farrington Court. ACCEPTANCE of the Bill of Sale for Farrington Court submitted by FC Associates, L.P. for continuous operation and maintenance of 51 feet of watermain improvement and release of bonds after the expiration period, as recommended by the Public Works Director. The project is located at 516 Kenosia Avenue. SEWER (CONSENT CALENDAR - ITEM 6G) 277th Street Sewer Interceptor, Phase I. ACCEPT the 277th Street Sewer Interceptor contract as complete and release retainage to Robison Construction Company upon standard releases from the State and release of any liens, as recommended by the Public Works Director. The original contract amount was $4,013,313.64. The final construction cost was $3,728,824.79. (OTHER BUSINESS - ITEM 73) Sewer Late Comer Agreement - Top Of The Hill. The developer for the Top of the Hill plat has extended the sanitary sewer in SE 244th Street for which service will be provided to the residence at 10057 SE 248th Street. The Public Works Director requests authorization to execute a sewer late- comer agreement for the Top of the Hill plat. CLARK SO MOVED. Brother seconded and the motion carried. K Kent City Council Minutes December 14, 1999 SEWER (OTHER BUSINESS - ITEM 7D) Sewer Late Comer Agreement - Emerald Ridge Division 2. The developer for the plat of Emerald Ridge Division II has extended the sanitary sewer in 102nd Place SE. This provides a potential to service two outside plat properties (one of which is subdividable). The Public Works Director requests authorization to execute a sewer late- comer agreement for the plat of Emerald Ridge Division II. CLARK SO MOVED. Brotherton seconded and the motion carried. (OTHER BUSINESS - ITEM 7E) Sewer Late Comer Agreement - Fairweather. The developer for the Fairweather plat has extended the sanitary sewer in S. 228th Street to provide service at 22818 94th Place So. This sewer main- line extension can provide sewer service to a total of 16 lots. The Public Works Director requests authorization to execute a sanitary sewer latecomer agreement. CLARK SO MOVED. Brotherton seconded and the motion carried. WATER (OTHER BUSINESS - ITEM 7C) Water Late Comer Agreement - Emerald Ridge Division 2. The developer for the plat of Emerald Ridge Division II has extended an 8" watermain on 102nd Place SE. This provides a potential to service two outside plat properties (one of which is subdividable but has one existing service). The Public Works Director requests authorization to execute a water latecomer agreement. CLARK SO MOVED. Brotherton seconded and the motion carried. SOLID WASTE (CONSENT CALENDAR - ITEM 6J) Garbage and Recycling Rates. AUTHORIZATION to direct staff to pursue negotiations with the City's garbage haulers for the termination of their contracts, as recommended by the Public Works/Planning Committee. Kent City Council Minutes December 14, 1999 TRANSPORTATION (CONSENT CALENDAR - ITEM 6E) (REMOVED BY COUNCILMEMBER AMODT) LID 351, S. 277th Street. The Public Works and Planning Committee, as the hearing body for the public hearing, has recommended adoption of an ordinance establishing the formation of LID 351. At Amodt's request, Wickstrom explained that the LID involves only those people who have signed Environmental Mitigation Agreements and that this is strictly a means of giving them an opportunity to pay this obligation over 15 years. He added that without the LID, payments would be due in full. Amodt stated that Adrienne Lindblad, who is not in attendance at this meeting, has requested that someone explain the process to her. She urged the Council to meet informally with anyone who would like clarification on the process. George Smith, 9505 S. 241st Street, said he has an Environmental Mitigation Agreement on his property, and opined that it has placed an encumbrance on his land and places a gag order regarding protesting the formation of the LID. He stated that if the LID is formed he does not wish to participate in it and that no special benefits are accrued to the current homeowner. CLARK MOVED to adopt Ordinance No. 3496 esta- blishing the formation of LID 351. Orr seconded. Clark noted that the top issue in King County is traffic and congestion, and that something must be done about it. He stated that these improvements are very expensive, and that growth pays for itself. He explained the history of the project, and noted that Council will be looking at the LID process soon. His motion then carried. (CONSENT CALENDAR - ITEM 6K) South Kina Countv Area Transportation Board (SCATBD) Technical Advisory Committee (TAC) Interlocal Agreement Amendment. AUTHORIZATION for the Mayor to sign the South King County Area Transportation Board Agreement. This Agreement 9 Kent City Council Minutes TRANSPORTATION modifies and amends Agreement for South efforts to address needs. December 14, 1999 the existing Interlocal County cities coordinated area transportation demands and (OTHER BUSINESS - ITEM 7A) TIB Grant, Highway 99 Desian Phase. The Public Works Department has received a grant from the TIB for the design phase of Pacific Highway South SR-99 HOV Lanes. The Public Works Director requests Council authorization for the Mayor to sign the grant agreement, direct staff to accept the grant and establish a budget for the funds to be spent within said road improvement project. CLARK SO MOVED. Brotherton seconded and the motion carried. PUBLIC SAFETY (CONSENT CALENDAR - ITEM 6F) 140th/260th Pedestrian Walkway. ACCEPT the 140th/ 260th Pedestrian Walkway contract as complete and release retainage to Campbell Construction Company upon standard releases from the State and release of any liens, as recommended by the Public Works Director. The original contract amount was $251,002.17. The final construction cost was $220,140.67. PARKING (CONSENT CALENDAR - ITEM 6D) Sound Transit Parking Garage Interlocal Agreement. AUTHORIZATION for the Mayor to sign the interlocal agreement with Sound Transit regarding construc- tion of a parking structure at the Kent Commuter Rail Station. (ADDED ITEM) Sound Transit Parking Garage. Robert O'Brien voiced concern about the possibility of having parking meters in the garage. Upon Amodt's question, McFall explained that the agreement states that parking will be free initially to all users and that the garage will be open evenings and weekends. He said it also states that the Sound Transit policy regarding parking fees is yet to be determined, and will be developed and agreed upon by both parties. 5 Kent City Council Minutes December 14, 1999 �. BUDGET (CONSENT CALENDAR - ITEM 6C) 1999 Budget Adjustments. ADOPTION of Ordinance No. 3495 for budget adjustments made between August 31, 1999 and December 31, 1999 totaling $6,422,416; approval of a line of credit in an amount not to exceed $200,000 to the housing and community development fund; and, approval of a three-year short term loan not to exceed $460,000 from the Equipment Rental Fund to the Riverbend Golf Complex with interest to be paid at the state pool rate. The Operations Committee recommended at their December 7, 1999 meeting, approval of the house- keeping budget adjustment. They also approved a line of credit to cover housing and community development costs at year-end until they are reimbursed by King County, and approved a three year short-term loan from the Equipment Rental Fund to the Riverbend Golf Complex to cover winter and spring expenditures, with interest to be paid at the state pool level. (OTHER BUSINESS - ITEM 7F) Year 2000 Budget Ordinance. The Operations Committee has recommended (2-1) adoption of the 2000 Operating and Capital Budget. The budget is set forth in the Preliminary Budget document which was distributed on November 2, 1999. McFall noted that the budget has been reviewed at a Council workshop and by the Operations Committee, and that three public hearings have been held. He said that the net budget totals $120,367,025, and that the budget presented by the Mayor on November 2nd was a pre -Initiative 695 budget, which was at that time considered a hold - the -line budget. He stated that budget amendments in the amount of $1,873,651 were made after Initiative 695. He explained that funds for the Shopper Shuttle are included in the budget and pointed out that Metro pays most of the cost. He also noted that the budget includes maintenance of strategic reserves, and that it continues the 2 Kent City Council Minutes December 14, 1999 BUDGET commitment to maintaining the current levels of service and facilities. He then recommended adoption of the budget ordinance. WOODS MOVED to make the letters in the Council agenda packet a part of the public record. Orr seconded and the motion carried. WOODS THEN MOVED to adopt Ordinance No. 3499 establishing the final 2000 Operating and Capital Budget. Orr seconded. Lawrence Osborne, 4122 S. 240th St., said he feels that people would rather have police and fire protection than a performing arts center. Joe Rubio suggested not cutting police, fire or roads. Ed Schumerhorn, 821 Crest Avenue, spoke in favor of police, fire and roads, and in opposition to the Shopper Shuttle and the performing arts center. Trish Crocker, Community Health Centers of King County, 403 E. Meeker St., thanked the Council for its commitment to human services, and said that the government is here for people who need help. Helen Westlund, 5022 S. 233rd Place, asked that police and fire services not be cut. Mary Anderson, 25838 68th Avenue South, said police, fire and road maintenance should be funded, but superfluous extras should not. Gary Duke, 3617 S. 249, said it is cynical to vote for this budget. Ella Pruitt, 309 5th Avenue South, expressed appreciation to the City for backing the Shopper Shuttle, noting that it is the only form of transportation for some people. Ted Koaita, West Hill, spoke about the cost of providing uniforms for employees. Jack Cosbv, 525 Van de Vanter, commended the Mayor, Council and staff. Barb Ivanov, Executive Director of the Kent Chamber of Commerce, 524 W. Meeker, commended the Council for their fiscal position and for the difficult decisions regarding the water supply improvements, the changes in Fire Department inspection fees, the use of dedicated funds raised from collection of the hotel -motel taxes, and the proposed budget. She pointed out that the pro- posed budget avoids spending reserves, cutting rA Kent City Council Minutes December 14, 1999 BUDGET essential services, and increasing taxes. Pat Curran, 300 Scenic Way, noted that many people favor the civic and performing arts center, and clarified that the issue will be put to a vote after private money is raised. Amy Nyman, Seattle, expressed appreciation for the City's support of literacy services and emergency housing services. Bill Young, 1005 E. Guiberson Street, recommended postponing the vote on the budget to allow time to set priorities. He added that Initiative 710 should be taken into consideration. Jack Becvar, 11617 SE 258th Street, said he is proud of the Mayor and Council and that the City needs to have something for everyone, even though it costs money. Paul Maury, 6415 S. 251st Street, stated that, in addition to providing pleasure and enter- tainment, the arts improve academic skills. He said that the arts benefit the entire community. Dan Cottrell, 822 E. Chicago, said he is not opposed to a performing arts center, but is opposed to public funding of it. Carol Voss, 14610 SE 266th, reminded the Council that the Rainier Symphony receives grant money from the Kent Arts Commission as well as other arts commissions and other sources. Mike Ford, East Hill, opined that police and fire are needed more than a performing arts center. Epperly stated that a long-term revenue source is necessary in order to fill police and fire posi- tions. Amodt recommended that the Council look at funding sources and vote on the budget next Tuesday. Brotherton spoke in favor of going forward with the performing arts center at least until the citizens can vote for it, saying it is an opportunity to bring people downtown. Amodt agreed. Woods said that difficult long-term decisions must be made, and that the Council is working for the people. She pointed out that the Council is non -partisan, and said thought must be given to what the City should be in the future. L Kent City Council Minutes December 14, 1999 BUDGET The motion to adopt Ordinance No. 3499 then carried with Amodt opposed. FINANCE (CONSENT CALENDAR - ITEM 6B) Approval of Bills. APPROVAL of payment of the bills received through November 30 and paid on November 30 after auditing by the Operations Committee on December 7, 1999. Approval of checks issued for vouchers: Date Check Numbers Amount 11/30/99 226716-227076 $2,746,054.09 11/30/99 227077-227477 1,900,143.81 $4,646,197.90 Approval of checks issued for payroll of November 15 and paid on November 19, 1999: Date Check Numbers Amount 11/19/99 Checks 239922-240237 $ 280,922.49 11/19/99 Advices 87187-87799 901,453.84 $1,182,376.33 Approval of checks issued for payroll of November 30 and paid on December 3, 1999: Date 12/3/99 Checks 12/3/99 Advices Check Numbers 240238-240601 87800-88593 Amount $ 318,356.21 1,044,974.01 $1,363,330.22 (CONSENT CALENDAR - ITEM 6I) (REMOVED BY COUNCILMEMBER AMODT) Emergency Petty Cash Fund Ordinance. At their December 7, 1999 meeting, the Operations Committee recommended adoption of an ordinance establishing an emergency petty cash account for emergency purposes. Upon Amodt's question, McFall explained that in order for this fund to be utilized, it must be subject to a Declaration of Emergency by the Mayor, and that there are provisions in state E Kent City Council Minutes December 14, 1999 FINANCE statutes that define the Mayor's powers with respect to declaring an emergency. WOODS MOVED to adopt Ordinance No. 3497 relating to the emergency petty cash fund. Orr seconded. Joe Rubio urged the Council not to adopt the ordinance, saying that there is enough money available. Robert O'Brien, 1131 Seattle Street, suggested that the fund sunset on February 15, 2000, if it is for a Y2K program. The motion then carried with Amodt opposed. FACILITIES (BIDS - ITEM 8A) Custodial Services For Centennial Center. On December 2, 1999, a total of seven bids were received for the Centennial Building Custodial Contract. Parks Director Hodgson explained that there had been some confusion in the bids and asked that they be rejected. WOODS SO MOVED. Orr seconded and the motion carried. (BIDS - ITEM 8B) Commons/Public Works Shoos Stand-Bv Generator Installation Project. This project advertised for bids in November, 1999, but all came in well above the Engineer's estimate. The bid was re - advertised with the elimination of the liquidated damages portion of the specifications and contract. Five bids were received at the second bid opening on December 2, 1999, with Diamond Electric the low bidder at $74,716.80, plus Washington State Sales Tax. The Parks Director recommended contracting with Diamond Electric for the Commons/Public Works Stand -By Generator Installation Project. He added that $75,000 was saved by rejecting the first T bids. 10 Kent City Council Minutes December 14, 1999 FACILITIES WOODS MOVED that the Commons/Public Works Stand -By Generator Installation contract be awarded to Diamond Electric for $74,716.80, plus Washington State Sales Tax. Orr seconded and the motion carried. APPOINTMENTS (CONSENT CALENDAR - ITEM 6L) Drinking Driver Task Force Board Appointment and Reappointment. CONFIRMATION of the Mayor's appointment of Ms. Karen Minahan to serve as a member of the Kent Drinking Driver Task Force. Ms. Minahan has a special interest in serving on the Task Force since she was the victim of an accident involving a driver who had been drinking. She will replace Peter Mourer and her term will continue until 1/1/2002. Confirmation of the Mayor's reappointment of Ms. Gwen Dupree to continue serving as a Task Force member. Her new term will continue until l/l/2003. (CONSENT CALENDAR - ITEM 6M) Diversity Board Appointments. CONFIRMATION of the Mayor's appointment of Ms. Karen Minahan and Mr. Major Dhami to serve as members of the Diversity Advisory Board. Ms. Minahan has been a Kent resident for two years. She is active as a volunteer with the Kent Police Department's VIPs Program, is a member of the American Coalition of Amputees, and is very involved with MADD (Mothers Against Drunk Driving). She will replace Joan Stolt, who resigned, and her term will continue until 9/30/2001. Mr. Dhami was born in India where he was raised in a farming family. After three years of college, he spent one year attending a Canadian University before returning to India to take care of the family business. He moved to the United States in 1980 and has been an American citizen since 1987. He is a real estate investor and lives in Kent 11 Kent City Council Minutes December 14, 1999 APPOINTMENTS where his children attend school. He will replace Anna Ximenes and his term will continue until 9/30/2002. REPORTS Council President. Orr noted that she has been Council President for the last two years and thanked the citizens for their input, the volunteers who serve on Boards and Commissions, and the Mayor and Administration for working with her. She also commended City staff for doing a good job of serving the citizens of Kent. Operations Committee. Woods announced that the Committee will meet on the first Tuesday in January at 3:30 p.m. Public Safety Conmiittee. Epperly thanked the staff and citizens and noted that the committee will meet on the second Tuesday in January at 5:00 p.m. Administrative Reports. Mayor White announced that the Transit Advisory Committee needs members and urged anyone who is interested in serving on the committee to call the Mayor's Office. EXECUTIVE At 8:40 p.m., the meeting recessed to Executive SESSION Session for approximately fifteen minutes to discuss negotiations on property. ADJOURNMENT The meeting reconvened at 9:10 p.m. and adjourned. Brenda Jacob�rTCMC City Clerk (� 12 Kent City Council Meeting Date January 4, 2000 Category Consent Calendar 1. SUBJECT: DRINKING DRIVER TASK FORCE REAPPOINTMENTS - CONFIRM 2. SUMMARY STATEMENT: Confirmation of the Mayor's reappointments of John Bond, Paul Dillard, and Kevin Ruoff as members of the Drinking Driver Task Force. Their new appointments will continue until 1/1/2003. 3 2. 5 3 7 EXHIBITS: Memo from Mayor RECOMMENDED BY: Mayor (Committee, Staff, Examiner, Commission, etc.) UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES EXPENDITURE REQUIRED: SOURCE OF FUNDS: _ CITY COUNCIL ACTION: Councilmembe DISCUSSION: ACTION: s, Councilmember seconds Council Agenda Item No. 6C MEMORANDUM TO: LEONA ORR, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: MAYOR JIM WHITE DATE: DECEMBER 27, 1999 SUBJECT: REAPPOINTMENTS TO DRINKING DRIVER TASK FORCE I have reappointed John Bond, Paul Dillard, and Kevin Ruoff as members of the Drinking Driver Task Force. Their new appointments will continue until 1/l/2003. I submit this for your confirmation. JW:jb Kent City Council Meeting Date January 4, 2000 Category Consent Calendar 1. SUBJECT: LAND USE & PLANING BOARD REAPPOINTMENTS - CONFIRM 2. SUMMARY STATEMENT: Confirmation of the Mayor's reappointments of Sharon Woodford and David Malik as members of the Land Use and Planning Board. Their new terms will continue until 12/31/2002. 3 4 5 6 7 EXHIBITS: Memo from Mayor RECOMMENDED BY: Mayor (Committee, Staff, Examiner, Commission, etc.) UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES EXPENDITURE REQUIRED: SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmembe DISCUSSION: ACTION: econds Council Agenda Item No. 6D MEMORANDUM TO: LEONA ORR, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: MAYOR JIM WHIT14 DATE: DECEMBER 27, 1999 SUBJECT: REAPPOINTMENTS TO LAND USE AND PLANNING BOARD I have reappointed Sharon Woodford and David Malik as members of the Land Use and Planning Board. Their new terms will continue until 12/31/2002. I submit this for your confirmation. JW:jb Kent City Council Meeting Date January 4, 2000 Category Consent Calendar 1. SUBJECT: REGIONAL JUSTICE CENTER CITIZENS ADVISORY COMMITTEE REAPPOINTMENT - CONFIRM 2. SUMMARY STATEMENT: Confirmation of the Mayor's reappointment of Ms. Chris King as a member of the Regional Justice Center Citizens Advisory Committee. Ms. King's new term will continue until 12/31/2002. 3 B! 5 3 7 EXHIBITS: Memo from Mayor RECOMMENDED BY: Mayor (Committee, Staff, Examiner, Commission, etc.) UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES EXPENDITURE REQUIRED: SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds 183014 14311i09 ACTION: Council Agenda Item No. 6E MEMORANDUM TO: LEONA ORR, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: MAYOR JIM WHIT DATE: DECEMBER 27, 1999 SUBJECT: REAPPOINTMENT TO RJC CITIZEN'S ADVISORY COMMITTEE I have reappointed Ms. Chris King as a member of the RJC Citizen's Advisory Committee. Ms. King's new term will continue until 12/31/2002. v - I submit this for your confirmation. JW:jb Kent City Council Meeting Date January 4, 2000 Category Consent Calendar 1. SUBJECT: ECONOMIC DEVELOPMENT CORPORATION DIRECTORS REAPPOINTMENT - CONFIRM 2. SUMMARY STATEMENT: Confirmation of the Mayor's reappointment of Morgan Llewellyn as a member of the Economic Development Corporation Directors. Mr. Llewellyn's new appointment will continue until 12/31/2003. 3. EXHIBITS: Memo from Mayor 4. RECOMMENDED BY: Mayor (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds 1601611,P&ME4 W ACTION: Council Agenda Item No. 6F /- MEMORANDUM TO: LEONA ORR, CITY COUNCIL PRESIDENT CITY COUNCIL ME BERS FROM: MAYOR JIM WHITE DATE: DECEMBER 27, 1999 SUBJECT: REAPPOINTMENT TO ECONOMIC DEVELOPMENT CORPORATION DIRECTORS I have reappointed Morgan Llewellyn as a member of the Economic Development Corporation Directors. Mr. Llewellyn's new appointment will continue until 12/31/2003. I submit this for your confirmation. JW:jb Kent City Council Meeting Date January 4, 2000 Category Consent Calendar 1. SUBJECT: KENT HUMAN SERVICES COMMISSION APPOINTMENT - CONFIRM 2. SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Ms. Stephanie Howell as a member of the Kent Human Services Commission. Ms. Howell is a Kent resident. She grew up in Kent, attended Kent schools and graduated from Kentwood High School. She currently works for the agency that sponsors the WWEE program. 3 4 5 6 7 Ms. Howell will fill the "User of Services" category and will replace Merriah Fotheringham. Her new term will continue until 1/1/2003. EXHIBITS: Memo from Mayor RECOMMENDED BY: Mayor (Committee, Staff, Examiner, Commission, etc.) UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmembe DISCUSSION: ACTION: econds Council Agenda Item No. 6G MEMORANDUM TO: LEONA ORR, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS / FROM: MAYOR JIM WHITE " " �eltvt- DATE: DECEMBER 28, 1999 SUBJECT: APPOINTMENT TO KENT HUMAN SERVICES COMMISSION I have appointed Stephanie Howell to serve as a member of the Kent Human Services Commission. Ms. Howell is a Kent resident. She grew up in Kent, attended Kent schools and graduated from Kentwood High School. She currently works for the agency that sponsors the WWEE program. Ms. Howell will fill the "User of Services" category and will replace Merriah Fotheringham. Her new term will continue until l/l/2003. I submit this for your confirmation. JW:jb Kent City Council Meeting Date January 4, 2000 Category Consent Calendar 1. SUBJECT: SWAN COURT II FINAL PLAT #FSU-98-5 - APPROVAL 2. SUMMARY STATEMENT: Approve the Hearing Examiner's recommendation of approval with conditions of the Swan Court II Final Plat and authorize the Mayor to sign the final plat mylar. 3. 4. 5. 6. 7. This final plat application was submitted by Dan Swanson. The Hearing Examiner issued the Findings with conditions on the Preliminary Plat on April 29, 1998. EXHIBITS: Memo, Findings, Conclusions and Recommendation; and map RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) UNBUDGETED FISCAL/PERSONNEL IMPACT: SOURCE OF FUNDS: CITY COUNCIL ACTION: NO YES Councilmember moves, Councilmember seconds DISCUSSION: Council Agenda Item No. 6H CITY OF 856-5454/Fax (253) 856-6454 MEMORANDUM January 4, 2000 TO: MAYOR JIM WHITE AND CITY COUNCIL FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: SWAN COURT II FINAL PLAT #FSU-98-5 Jim White, Mayor On April 29, 1998, the Hearing Examiner issued Findings, Conclusions and Recommendation with conditions on the Swan Court II Preliminary Plat (#SU-98-5), a 4.56 acre, 12-lot residential plat. The property is located at east of 112`h Avenue SE at SE 2401h Place. Staff recommends the City Council approve the Swan Court 11 Final Plat #FSU-98-5 with the attached conditions and authorize the Mayor to sign the mylar. JPH\mj p\s\:permit\plan\990263 8fpcc.doc Enclosure cc: Fred S. Satterstrom, Planning Manager 220 4th AVE. SO- / KEN"r. W ASHINGTON 98032-5895 / TELEPHONE (253) 856-5200 S.,N'Ckv ,U' :T 'fit # .;K� •. IE NE1/4 O E NE':1/4'F�S.�C�, W.M., Cl KEWININ� C,OGU . NW co y N 71'.18. NEIA S20- EWM 2.YSWBWA12CSTREEr. , CASE MON -t U7MY rEMM,...'.V> JX FNDIUNE T0.08 2YSiol �nS'q 602t - Ft¢IL23 s0.—Id, PRIVA7E_ S88 4615" 6' U 1717Lny EASFAQ2fr L7b;t; SE2$0THPL46i 8 14 N ;4_ ° �\• d., PRIVATEEWAS ':r•it; pp n � .• ia 6142 Sq 511A SgFt J� Y I •O O I tL:;l :•a Y� : %i^ I r V I p 11194 •oil' i` 12 SA SgFt � 1 a '• n + ` ''•;,... e r r 114.00 N88°46'13'W \�•` 'k ,....20'•PRIVATE* IIP x.30'PUEUCJ UnLnY EASEMENT DRAINAGE EASEMEN�' z15' SANITARY SEWE EASEMENT : a L14 8^7L?r Uv \ a CFN¢ITIVF ARF. r. 4 }` PAGE 1 OF3 (SHIP 22 NORTH' WON �<.: WE CORNER M772N-RSEWM "•.. CASE MON r 17 16 t 93758 , - 20 21 OW ST. 132,26 i Ft i I IS J 10' PRIVATE DRAINAGE �S EASEMENT I^ .9339 SgFt I I I � 1♦ W 1 h I � 1 t 10937 I ARY �•� I EASEMENT I 77 I 6473 SgFt 18 I•o I N: I se.9t I 5 ll 6A SgFI 1 C•O j I t " J x I I --SO I 1 I Si I -r- I � r v 9 TRACrO I CITY Or 7_Jl3V u Jim White, Mayor Plamm��epartment (253) 859-3390/FA.r(253) 850-2544 James P. Harris, Planning Director OFFICE OF THE LAND USE HEARING EXAMINER (253)859-3390 FINDINGS, CONCLUSIONS AND RECOMMENDATION FILE NO: SWAN COURT II #SU-98-5 APPLICANT: Baseline Engineering, Inc. Theodore P. Hunter Hearing Examiner REOUEST: A request to subdivide approximately 4.6 acres into 12 single-family residential lots. LOCATION: The property is located at the southeast corner of the intersection of 112" Avenue SE and SE 240'h Street. APPLICATION FILED: February 9, 1998 DETERMINATION OF NONSIGNIFICANCE ISSUED: January 12, 1998 MEETING DATE: April 15, 1998 RECOMMENDATION ISSUED: April 29, 1998 RECOMMENDATION: APPROVED with conditions STAFF REPRESENTATIVE: Fred N. Satterstrom, Planning Department Sarah Bradley, Planning Department Gary Gill, Public Works Department PUBLIC TESTIMONY: Terry Ferguson for Baseline Engineering EXHIBITS: 1. Hearing Examiner file containing application, staff report, Determination ofNonsignificance and public notice. L0 lth .-AVENUE SOUTH / KENT. AV ASHI.NGTON aBII.32-5S95/TELEPHONE i'_53s359-310) Hearing Examiner's Findings and Recommendation Swan Court II #SU-98-5 INTRODUCTION After due consideration of all the evidence presented at public hearing on the date indicated above, and following an unaccompanied personal inspection of the subject property and surrounding area by the Hearing Examiner at a time prior to the public hearing, the following findings, conclusions and recommendation are entered by the Hearing Examiner on this application. FINDINGS Applicant proposes to subdivide approximately 4.6 acres into 12 single family residential lots on property located at the southeast comer of the intersection of 112" Avenue SE and SE 240' Street, Kent, Washington. The average lot size is approximately 6,400 square foot. The subject property is rectangular in shape. Lots 1 through 8 are located in the north and northeast portion of the property. Lots 8 through 12 are located on the west side of the property and will be separated from the lots on the north by a proposed residential street. Staff Report, Application, Preliminary Plat Site Plan. 2. One existing house and two accessory buildings are located on the property. Approximately one acre of wetlands exists on the southern portion of the property. The site is covered with trees, shrubs, and wetland vegetation. The topography is gently rolling with slopes ranging from 3% to 10%. The applicant proposes to protect the existing wetland on the southern end of the property and approximately 11,450 square foot of created wetland within a separate Sensitive Area Tract or Easements deeded to the City. Staff Report, Preliminary Plat Application; Testimony of Terry Ferguson. The Kent Comprehensive Plan Land Use Map designates the site as SF-6, Single Family Residential with six units per acre maximum density and a 5,700 square foot minimum lot size. Land uses in the immediate area are single family and multifamily residential. Staff Report; Site View. 4. The site will take its primary access from SE 240' Street which is classified as a Minor Arterial with a 58 foot paving width. The applicant proposes to make improvements to 112' Avenue SE and construct a new road extending from 112' Avenue SE and ending with a cul-de-sac on the subject property. The improvements and constructions would be in conformance to the requirements in the City's Construction Standards for Residential Streets. The applicant will also provide a traffic impact study to identify all traffic impacts to the City caused by the proposed development and construct improvements to mitigate those impacts. Exhibit 1, Staff Report; Exhibit 1, Mitigated Determination of Nonsignificance. Hearing Examiner's Findings and Recommendation Swan Court II #SU-98-5 5. The City will provide water and sanitary sewer service with on -site extensions of existing mains and pipes. The applicant proposes to construct a gravity sanitary sewer system that serves all lots and a water system meeting domestic and fire flow requirements for all lots. Exhibit 1, Application, Testimony of Terry Ferguson. 6. The Public Works Department has reviewed and given preliminary approval to applicant's preliminary drainage plan. The plan includes downstream analysis, facility sizing analysis, and conceptual design. The applicant proposes to construct an on -site detention/retention pond system, roof downspout infiltration trench systems, and an open -to -the -air stormwater treatment system to mitigate against the impacts of stormwater runoffs. Although an infiltration pond system is the preferred method of stormwater treatment, a system whereby stormwater is dispersed into wetland by controlled release may be sufficient to mitigate against impacts given the type of soil associated with site. Exhibit 1, Staff Report, Storm Drainage Report, Drainage Plan and Wetland Review Status, Testimony of Gary Gill. 7. The Parks Department concluded that the proposed subdivision will impact parks and recreation facilities in the vicinity, particularly East Hill Park. Thus, as a condition of approval, the applicant has agreed to dedicate five percent of the total property as open space or pay a voluntary fee in lieu of dedication pursuant to Ordinance No. 2975. Exhibit 1, Parks Dept. Data Sheet; Testimony of Terry Ferguson. 8. A Mitigated Determination of Nonsignificance (MDNS) was issued on January 12, 1998 (#ENV-97-75) which included eight conditions relating to traffic, street, and wetland impacts. No appeal of the MDNS was filed. Exhibit 1, MDNS. 9. Notice of the public hearing was mailed to landowners located within 300 feet of site and posted on the property on April 3, 1998. Exhibit 1, Affidavits of Notice. 10. Although no one objected to the proposed subdivision at the public hearing, the Applicant raised some concerns regarding several conditions to which the City responded accordingly. First, the Applicant proposed substituting an infiltration pond system in condition l.c.ii (Page 12 Staff Report) with a method of stormwater dispersion into wetland by controlled release. The City agreed that the controlled release method could work as a stormwater control system because of the type of soil associated with East Hill. Second, the Applicant raised Concern about condition 1.g (Page 14 Staff Report) regarding construction of concrete sidewalks on both sides of 112' Avenue SE because Applicant believed they would only be responsible for building a sidewalk on one side. The City responded that "both sides" in the condition referred to the plan only and actual construction of sidewalks is needed for one side of the street only. Finally, the Applicant asked whether a marked walkway could substitute for the required construction of a cement concrete sidewalk in condition l.h (Page 14 Staff Report) extending from the pedestrian bridge to west side of 112' Avenue SE. The City 3 Hearing Examiner's Findings and Recommendation Swan Court II #SU-98-5 agreed to the substitution and responded that condition 1 It can be modified to require only a "safe pedestrian connection". CONCLUSIONS Jurisdiction The Hearings 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. Criteria for Review The recommendation of the Hearings 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 (RC W). 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. KCC 12.04.330 which specifies eight requirements that must be shown on the preliminary plat map including appropriate name 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. KCC 12.04370 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. Hearing Examiner's Findings and Recommendation Swan Court II #SU-98-5 KCC 12.04.430 which provides for the protection of valuable, irreplaceable environmental amenities so that urban development may be as compatible as possible with the ecological balance of the area including preservation of drainage patterns, protection of ground water supply, prevention of erosion and preservation of trees and natural vegetation. KCC 12.04.440 which specifies requirements for utilities including sanitary sewers, a proper drainage plan and a proper water distribution system. 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. 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. RC W 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, or other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds 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. Conclusions Applicant proposes to subdivide approximately 4.6 acres into 12 single family residential lots on property located at the southeast comer of the intersection of 112' Avenue SE and SE 240'h Street, Kent, Washington. The average lot size is approximately 6,400 square foot. The subject property is rectangular in shape. Lots 1 through 8 are located in the north and northeast portion of the property. Lots 8 through 12 are located on the west side of the property and will be separated from the lots on the north by a proposed residential street. Finding of Fact No 1. 2. The proposed subdivision conforms with the regulations of the Subdivision Code. The general vicinity in which this project is proposed has seen a large amount of infill development. While allowing for development of single family homes, this proposal will protect and buffer existing wetlands and provide on -site detention of stormwater runoff. This development will enhance a rapidly developing neighborhood of moderate income homes which is in character with existing development in the vicinity. Conditions applied to this proposal will ensure that it conforms with city codes and the comprehensive plan. Also, as conditioned, the proposed subdivision will contain appropriate provisions for the public 5 Hearing Examiner's Findings and Recommendation Swan Court lI #SU-98-5 health and welfare, open spaces, drainage ways, streets, water supply, sewage disposal, parks, and schools. Findings of Fact No. 2 - 8, 10. RECOMMENDATION Based upon the preceding Findings of Fact and Conclusions, the Hearings Examiner recommends this application for preliminary plat be APPROVED, subject to the following conditions: A. GENERAL CONDITIONS OF APPROVAL: 1. The Owner/Subdivider shall implement all mitigation measures required by the Determination ofNonsignificance for SEPA checklist #ENV-97-75 for Swan Court IL B. PRIOR TO RECORDING THE SWAN COURT II SUBDIVISION: The Owner/Subdivider shall receive approval for engineering drawings submitted to the Department of Public Works for review and approval, and either construct or bond for the following: a. A gravity sanitary sewer system to serve all lots. The sewer system shall be extended from the existing City sanitary sewer system 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. c. Detailed Drainage Plans which show how the 100-year post -developed stormwater runoff from this development will be collected, conveyed, stored, treated and released to the City stormwater drainage system in compliance to the Kent Construction Standards. i. The Owner/Subdivider shall construct an on -site detention/ retention pond system in accordance with the Kent Construction Standards to mitigate for potential impacts to stormwater runoff quantity. The detention/retention storage volume and release criteria shall be that for the HILLS; the pre - development condition shall be assumed to be forest/grass only unless otherwise determined by the Director. ii. Dispersion of stormwater into wetland by controlled release may mitigate stormwater impacts. IN Hearing Examiner's Findings and Recommendation Swan Court II #SU-98-5 iii. Roof downspouts for each house and garage shall be directed to Roof Downspout Infiltration Trenches meeting the requirements of the Department of Public works including overflow pipes connected to an approved conveyance system. The Detailed Drainage Plans will include an approved detail for the Roof Downspout Infiltration Trenches, and will provide private stormwater stubouts to each lot for future connection to the Roof Downspout Infiltration Trenches. The face of the final plat/short plat shall contain the following restriction: AS A CONDITION OF BUILDING PERMIT ISSUANCE, RESIDENCES CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION TRENCH SYSTEMS PER DETAILS SHOWN ON THE APPROVED STORMWATER PLANS. iv. The required downstream analysis for this development will include an analysis for capacity, erosion potential, and water quality from the point of discharge from the site downstream to 108th Avenue Southeast, or a distance of at least one quarter mile, whichever distance is further. (a) This downstream analysis will clearly identify the existing and future capacity of each link in the drainage system for the appropriate downstream reach since a 100 percent infiltration retention facility is not being used. (b) Should downstream capacity be insufficient to convey the 25-year, 24- hour peak flow rate, the Owner/Subdivider shall either provide necessary off -site improvements to convey the 25-year, 24-hour design peak flow, OR further detain/retain stormwater and restrict the release rate of stormwater to ensure that the capacity of the existing conveyance system will not be exceeded. (c) In addition, the Owner/Subdivider's design engineer shall identify all downstream reaches which cannot convey the 100-year, 24-hour design storm without overtopping or pressure flows. (d) 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, or to provide suitable off -site mitigation. v. The Owner/Subdivider shall submit a Landscape Plan for within and surrounding the detention facility to the Kent Planning Department and the Hearing Examiner's Findings and Recommendation Swan Court II #SU-98-5 Department of Public Works for review and approval prior to, or in conjunction with, the approval of the Detailed Drainage Plans. vi. The Owner/Subdivider shall execute Declaration of Stormwater Facility Maintenance Covenants prepared by the Property Management Section of the Department of Public Works for the private portions of the stormwater system. d. An open -to -the -air stormwater treatment system in accordance with Kent Construction Standards to mitigate for potential impacts to stormwater runoff quality. Acceptable stormwater treatment facilities meeting this requirement in their preferred order include: infiltration after pretreatment; biofiltration swales; wet ponds; extended detention ponds; and created wetlands. Alternatives and experimental treatment facilities will be evaluated on a case -by -case basis by the Department of Public Works. The stormwater treatment system shall be within the approved retention/detention facility tract. ii. Easements for biofiltration swales across private lots will not be acceptable to meet this requirement. e. A Detailed Grading Plan for the entire subdivision which includes provisions for utilities, roadways, retention/detention ponds, stormwater treatment facilities, and a building footpad for each lot. These plans shall be designed to eliminate the need for processing several individual Grading Permits upon application for Building Permits: phasing of grading on a lot -by -lot basis will not be considered. f. A Temporary Erosion/Sedimentation Plan for the entire subdivision which reflects the Detailed Grading Plan discussed above, and an approved Tree Plan. g. Street Improvement Plans for 112th Avenue Southeast, in conformance with the requirements for a Residential Street as described in the City of Kent Construction Standards and in the DNS for ENV-97-75, including, but not limited to: 5-foot cement concrete sidewalks on both sides to be shown on the plans; 36-feet of paved street section for the left turn lane; 28-feet of paved street section south of the pavement width transition from 36-feet; City -approved street lighting system; public stormwater drainage and treatment facilities; and other street appurtenances. In addition to the requirements specified in ENV-97-75, the approved design for the south end of 112th Avenue Southeast shall also accommodate the sidewalk improvement specified in the condition which follows. Hearing Examiner's Findings and Recommendation Swan Court II #SU-98-5 h. A 5-foot wide safe pedestrian connection from the end of the pedestrian bridge and asphalt walkway constructed for the Benson Highlands Plat, extending westerly across the south terminus of 112th Avenue Southeast to the 5-foot cement concrete sidewalk to be constructed along the west side of 112th Avenue Southeast: a distance of approximately 28 to 32 feet. i. Street Improvement Plans for the plat road terminating with a cul-de-sac at its east terminus. The plat street shall be in conformance to the requirements for a Residential Street as described in the City of Kent Construction Standards and in the DNS for #ENV-97-75, including but not limited to: 5-foot cement sidewalks on both sides; at least 32 feet of paved street section; City -approved street lighting system; public stormwater drainage and treatment facilities; and minimum right-of-way width of 49 feet. j. Street Light Plans meeting the requirements of the City of Kent and prepared by a qualified professional engineer licensed by the State of Washington. 2. A Tree Plan detailing clearing limits, trees to be removed, caliper and type. All trees of six inch or greater caliper must be shown on the tree plan. No grading plans or construction of utilities will be allowed prior to Planning Department approval of a tree plan. 3. The Owner/Subdivider shall dedicate all necessary public right-of-way for the improvements listed in Sections A & B and shall provide all public and private easements necessary for the construction, operation and maintenance of the required improvements identified in Sections A & B, above. 4. The Owner/Subdivider shall permanently protect the approved and preserved, and/or enhanced, or created wetland(s) and it's buffer(s) by creating a separate Sensitive Area Tract and deeding the tract in fee simple to the City, OR by granting a Sensitive Area Easement to the City for the entire sensitive area. This Sensitive Area Tract or Easement shall be consistent with the wetland and wetland buffer map contained within the approved Wetland Delineation Report and/or approved Wetland Mitigation Plan as appropriate, unless otherwise approved. The Owner/Subdivider shall provide a legal description of said easement or tract prepared by a licensed land surveyor, prior to issuance of any construction permits. The Sensitive Area Tract and the following language shall be included on the face of the recorded plat: SENSITIVE AREA TRACTSkEASEMENTS DEDICATION OF A SENSITIVE AREA TRACT/EASEMENT CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE TRACT. THIS 6 Hearing Examiner's Findings and Recommendation Swan Court II 9SU-98-5 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, AND PROTECTION OF WATER QUALITY, PLANT ECOLOGY AND WILDLIFE HABITAT. THE SENSITIVE AREA TRACT/EASEMENT IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE LAND SUBJECT TO THE TRACT/EASEMENT 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/EASEMENT 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/EASEMENT BOUNDARY, UNLESS OTHERWISE APPROVED BY THE CITY. THE CITY OF KENT RESERVES THE RIGHT TO INSTALL PUBLIC UTILITY SYSTEMS AND FACILITIES WITHIN THIS SENSITIVE AREA TRACT AND MAY DISTURB THE SURFACE OR CUT VEGETATION WITHIN THE TRACT, BUT THE CITY SHALL RESTORE OR ENHANCE THE SENSITIVE AREAS DISTURBED UPON COMPLETION OF CONSTRUCTION. After construction, the wetland and buffer areas shall be isolated from intrusion and/or disturbance using landscaping, or other appropriate screens, as well as an approved permanent wildlife -passable fence. In addition, wetland information signs approved by the Department of Public Works shall be placed at the wetland buffer edges to inform and educate owners and nearby residents about the value of wetlands. 6. The Owner/Subdivider shall waive abutter's access rights to Southeast 240th Street across the entire subdivision, and the face of the plat shall carry the following: 10 Hearing Examiner's Findings and Recommendation Swan Court II #SU-98-5 "RESTRICTION: Direct vehicular access to Southeast 240th Street is prohibited from all lots within this subdivision." 7. The Department of Public Works must approve As -Built Drainage Plans for the entire site prepared by a professional land surveyor licensed in the State of Washington in conformance to the requirements of Appendix "E" of the City of Kent Construction Standards prior to release of any construction bonds. 8. The developer or applicant shall dedicate five (5) percent of the total property being developed as open space or pay a voluntary fee -in -lieu of dedication as set forth in Ordinance No. 2975. C. PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS FOR ANY LOT IN THE SWAN COURT 11 SUBDIVISION (#SU 98-5), THE OWNERISUBDIVIDER, SHALL: 1. Execute the Stormwater Facilities Maintenance Covenant. 2. Construct the improvements required in Sections A and B, above, as well as those Execute the Environmental Mitigation Agreement and the Signal Participation Agreement required by the DNS for #ENV-97-75. 3. Construct the improvements required in Sections A and B, above, as well as those required as part of the DNS for this subdivision. Dated this 29' day of April, 1998. THEODORE PAUL HUNTER Hearing Examiner APPEALS FROM HEARING EXAMINER RECOMMENDATION ORDINANCE 3320 (excerpt): The action of the city council, approving, modifying, or rejecting a recommendation or decision of the hearing examiner, shall be final and conclusive, unless within twenty-one (21) calendar days of the city council action, an appeal is filed with the Superior Court. 11 DISTRIBUTION OF HEARING EXAMINER MATERIAL THE FINDINGS SWAN COURT II #SU-98-5 OF WERE MAILED TO THE FOLLOWING ON MAY 1, 1998: Public Works Director; Jerry McCaughan, Frank Spanjer, Carol Storm, Marilyn Parker, Barbara Hill Parks Director; Lori Flemm Building Official Fire Marshal; Jackie Figgins City Clerk Routed in Planning Department Hearing Examiner Hearing Examiner File Planning Department File South County Journal Federal Way News Kent School District Kent Reporter Sent to the following parties of record: TERRY FERGUSON BASELINE ENGINEERING INC 1910 64TH AVENUE W TACOMA WA 98466 SWANSON HOMES 3521 E LK SAMMAMISH SHORE LN ISSAQUAH WA 98027 BILL CAREY 11236 SE 244TH KENT WA 98031 STATE OF WASHINGTON COUNTY OF KING THE UNDERSIGNED, BEING FIRST DULY SWORN, ON OATH, STATES: THAT ON - /-'I3 AFFIANT DEPOSITED IN THE MAILS OF THE UNITED STATES OF AMERICA A PROPERLY STAMPED AND ADDRESSED ENVELOPE CONTAINING A COPY OF THE HEARING FINDINGS AND RECOMMENDATION/DECISION DIRECTED TO THE APPLICANT/OWNER AND PARTIES OF RECORD ON WHICH THIS AFFIDAVIT APPEARS. 1 WN SUBSCRIBED AND SWORN TO BEFORE ME THIS 1.:,te DAY OF W.-ra , 19,9 F NOTARY PUBLIC FOR RESIDING AT k', My Commission Expires: 1. SUBJECT: SEATABO REZONE #RZ-99-1 Kent City Council Meeting Date January 4, 2000 Category Other Business 2. SUMMARY STATEMENT: The Hearing Examiner has recommended approval of an application to rezone a portion of two properties from M-1, Industrial Park District, to M-2, Limited Industrial. The property is located west of 761h Avenue S. and north of 234`h. 3 N 5 EXHIBITS: Staff Report and Findings and Recommendation RECOMMENDED BY: Hearing Examiner (Committee, Staff, Examiner, Commission, etc.) UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember CLA_moves, Councilmember seconds to acceptfre ^may the findings, conclusions, and recommendation of the Hearing Examiner on the SEATABO Rezone application (RZ-99-1), and direct the City Attorney to prepare the necessary ordinance. DISCUSSION: rt awsla Council Agenda Item No. 7A �`" CITY or �� dt fo !-, Jim White, Mayor Planning Department (253) 856-5454/FAX (253) 856-6454 James P. Harris, Planning Director OFFICE OF THE LAND USE HEARING EXAMINER Theodore P. Hunter Hearing Examiner FINDINGS, CONCLUSIONS AND RECOMMENDATION FILE NO: SEATABO #RZ-99-1 APPLICANT: JEFFREY D. BAKER, P.E. REOUEST: Rezone a portion of two properties from M-1, Industrial Park District, to M-2, Limited Industrial, district in order to provide consistency with the zoning designation on the rest of the properties. LOCATION: The property is located west of 76' Avenue S. and north of 234'. APPLICATION FILED: April 23, 1999 DETERMINATION OF NONSIGNIFICANCE ISSUED: June 29, 1999 MEETING DATE: AUGUST 5, 1999 RECOMMENDATION ISSUED: AUGUST 18, 1999 DECISION: APPROVAL STAFF REPRESENTATIVE: Charlene Anderson, Planning Department PUBLIC TESTIMONY: Jeffrey D. Baker, applicant EXHIBITS: 1. Hearing Examiner file containing, Mitigated Determination of Nonsignificance, Notice of Public Hearing, application and staff report. SUMMARY OF PROCEEDINGS The Applicant requests a rezone of4.5 acres from Industrial Park (M-1) to Limited Industrial (M-2). A public hearing was held on August 5, 1999 in the City of Kent Council Chambers. The City of Kent Planning Department reviewed the rezone application and recommended approval with no 2204th AVE. SO.. / KENT. WASHINGTON 98032-5895 /TELEPHONE (253) 856-5200 Hearings Examiner Findings and Recommendation Seatabo #RZ-99-1 conditions in a written report presented at the hearing. The Applicant and the City appeared at the hearing. No one else presented any testimony or exhibits. The record is now closed and the Hearings Examiner is required to issue Findings and Conclusions within ten (10) days of the close of the record based on information provided to him. FINDINGS 1. The Applicant requested a rezone of approximately 4.5 acres from Industrial Park (M-1) to Limited Industrial (M-2). The subject property is a portion of Lots 2 and 3 of Kent Short Plat SPC 74-1. The street address is 23400 71" Place South, Kent, Washington. Exhibit 1, Application; Exhibit 1, Staff Report, page 1. 2. The majority of the land comprising lots 2 and 3 is zoned M-2. The western 27% (1.7 acres) of lot 2 and the western 20% (2.8 acres) of lot 3 is zoned M-1. The proposal would move the current M-2 zoning boundary west to 171" Place South, which is the western boundary of the properties. Exhibit 1, Staff Report, page 1; Exhibit 1, Site Plan. 3. Lot 3 is developed with manufacturing, storage and office buildings and storage yards used by Seattle -Tacoma Box Company (SEATABO). Lot 2 is undeveloped, except for two railroad spurs. SEATABO proposes to construct a 121,750 square foot warehouse/office building on the site. Both the current use on Lot 3 and the proposed use on Lot 2 are permitted in the M-2 zone. Exhibit 1, Environmental Checklist; Exhibit 1, Staff Report, page 5; KCC 15.04.040.. 4. Surrounding zoning is M3 to the south, M1 to the west, M2 to the east, and M2 to the north. Surrounding land uses include an office and manufacturing facility to the south, an industrial park to the west, an Interurban Trail, power line, and railroad right-of-way to the east, and an office and warehouse facility to the north. Exhibit 1, Staff Report, page 2; Exhibit 1, Site Plan. 5. The subject property was zoned Industrial Agricultural (MA) in 1960, one year after the property was annexed by the City of Kent. The property was later zoned M-I and M-2, and this zoning was retained when the City of Kent adopted its present zoning code. The zoning boundary was established along the Section -Township -Range line. When the property was subdivided in 1971, the new property lines did not conform to the zoning boundary. The City of Kent currently places zoning boundaries along property lines or streets to provide zoning consistency and promote good lot design. Exhibit 1, Staff Report, page 2. 6. The City of Kent Comprehensive Plan designates one side of the subject property as Industrial, and the other side Manufacturing Center. Exhibit 1, Staff Report, page 4. 2 Hearings Examiner Findings and Recommendation Seatabo #RZ-99-1 The proposed development would add approximately 980 daily and 85 p.m. peak hour trips to the local street system. The current average daily traffic on 71" Place South is unknown. Exhibit 1, Staff Report, page 3; Exhibit 1, MDNS. Pursuant to the State Environmental Policy Act (SEPA), the City of Kent was designated lead agency for review of environmental impacts caused by the proposal. On June 29, 1999, the City of Kent issued a Mitigated Determination of Nonsignificance (MDNS), which became final on July 14, 1999. The MDNS contains conditions requiring the Applicant to execute an Environmental Mitigation Agreement to participate in the City's South 224 "/South 228' Street Corridor project, consult with Metro regarding the provision of mass transit, improve 71" Place South with sidewalks and signs, execute a Signal Participation Covenant with respect to 68''' Avenue South and South 234' Street, delineate any wetlands on the property, obtain hydraulic and drainage approval, and implement policies to reduce water pollution during construction. Exhibit 1, MDNS. 9. The City of Kent Planning Department requested comments on the proposal from appropriate City Departments. None had any comments. Exhibit 1, City Staff Routing and Responses. 10. Notice of the open record public hearing was posted, published, and mailed to adjacent property owners in accordance with applicable City of Kent regulations. No members of the community appeared at the hearing. Exhibit 1, Public Notice. CONCLUSIONS Jurisdiction The Hearings Examiner has jurisdiction to hold a public hearing on this quasi-judicial rezone, and to issue a written recommendation for final action to the Council, pursuant to RCW 35A.63.170 and Chapters 2.32 and 15.09 of the Kent City Code. Criteria for Review Section 15.09.050(A)(3) of the Kent zoning Code sets forth the standards and criteria the Hearings Examiner must use to evaluate a request for a rezone. A request for a rezone shall only be granted if. A. The proposed rezone is consistent with the Comprehensive Plan; B. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity; C. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated; Hearings Examiner Findings and Recommendation Seatabo #RZ-99-1 D. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone; and E. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Conclusions Based on Findings The proposed rezone is consistent with the Comprehensive Plan. The uses permitted in the M-2 zone, which include industrial and manufacturing uses, are consistent with both the Industrial and Manufacturing Center designations. Findings of Fact Nos. 3 & 6. 2. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. Surrounding land uses to the west, north, and south include warehousing and manufacturing. Lots 2 and 3 are/will be put to similar uses. Findings of Fact Nos. 3 & 4. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. The rezone is expected to add traffic to the local street system. The traffic impact was considered during SEPA review and conditions designed to mitigate traffic impacts were included within the Mitigated Determination of Nonsignificance (MDNS). The MDNS was not appealed. Findings of Fact Nos. 7 & 8. 4. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. The Applicant has the burden of proving that conditions have changed. Schofield v. Spokane County, No. 17867-6-III (Slip Op., July 15, 1999). The record shows that since the current zoning district was established, subdivision of the property has resulted in mismatched zoning and property lines. This has the potential for subjecting the property owner to the application of conflicting zoning regulations. Changing the zoning of the western portions of the properties would create zoning consistency, and would support current City of Kent zoning policies by placing the zoning boundary on a street. The Applicant has met his burden of proof. Finding of Fact No. 5. 5. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Impacts to the environment, including the local transportation system and the physical environment, have been addressed and mitigated through the SEPA process. Finding offact No. 8. Hearings Examiner Findings and Recommendation Seatabo #RZ-99-1 RECOMMENDATION Based upon the preceding Findings of Fact and Conclusions, and testimony and evidence presented at the Public Hearing, the Hearings Examiner recommends that this application for a rezone, as depicted in the Site Plan contained in Exhibit 1, be APPROVED without conditions. It is the Hearings Examiner's opinion that the rezone request, as proposed, meets the criteria for approval established by the Council. Dated this I8TH DAY OF AUGUST, 1999. ?Oak 4xaR&Ls. THEODORE PAUL HUNTER Hearing Examiner ch:U:\USERDATA\RZ991 FTNDrNGS.DOC DISTRIBUTION OF HEARING EXAMINER MATERIAL THE FINDINGS OF SEATABO #RZ-99-1 WERE MAILED TO THE FOLLOWING ON AUGUST IS, 1999: Public Works Director; Jerry McCaughan, Frank Spanjer, Carol Storm, Marilyn Parker, Barbara Hill Parks Director; Lori Flemm Building Official Fire Marshal; Jackie Figgins City Clerk Routed in Planning Department Hearing Examiner Hearing Examiner File Planning Department File South County Journal Kent School District Kent Reporter Sent to the following parties of record: DARRELL DONOVAN PO BOX 818 AUBURN WA 98071 SCOTT RICE 415 BAKER BLVD #200 TUKWILA WA 98188 JEFFREY D BAKER PE STATE OF WASHINGTON COUNTY OF KING C/O RUPERT ENGINEERING INC 1519 WEST VALLEY HWY N #101 AUBURN WA 98001 FERDINAND J NIST, PRESIDENT SEATTLE BOX COMPANY 23400 71sr PLACE S KENT WA 98032 THE UNDERSIGNED, BEING FIRST DULY SWORN, ON OATH, STATES: THAT ON - jlS-9 q AFFIANT DEPOSITED IN THE MAILS OF THE UNITED STATES OF AMERICA A PROPERLY STAMPED AND ADDRESSED ENVELOPE CONTAINING A COPY OF THE HEARING FINDINGS AND RECOMMENDATION/DECISION DIRECTED TO THE APPLICANT/OWNER AND PARTIES OF RECORD ON WHICH THIS AFFIDAVIT APPEARS. i SUBSCRIBED AND SWOSdJ,TO BEFORE ME THIS « DAY OF 1911 N �.•'�elaES ••. rJ `. t O o': i = NOTARY LIC SHIN. G kON (�JS F e J I: W- RESIDING 1QA c 3 My Commission Expires: WT-ig CITY OF!o`-JJ1!J L' Jim White, Mayor Planning Department (253) 859-3390/FAX(153) 850-1544 James P. Harris, Planning Director KENT PLANNING DEPARTMENT STAFF REPORT FOR HEARING EXAMINER MEETING OF AUGUST 5, 1999 2:00 PM FILE NO: SEATABO #RZ-99-1 APPLICANT: Jeffrey D. Baker, P.E. Rupert Engineering, Inc. RE VEST: Rezone a portion of two properties from M-1, Industrial Park District, to M-2, Limited Industrial, district in order to provide consistency with the zoning designation on the rest of the properties. STAFF REPRESENTATIVE: STAFF RECOMMENDATION: I. PROPOSED FINDINGS Eileen Harris, Planner APPROVAL with no conditions A. The applicant requests approval of a land use permit application that proposes to rezone approximately 4.5 acres from the current zoning of M-1, Industrial Park District, to M-2, Limited Industrial District. B. The rezone request consists of two (2) lots under one ownership. Lot 3 is fully developed as the Seattle Tacoma Box Company comprising approximately 13.5 acres. Of that, 2.8 acres or 20% comprises the rezone area. Lot 3 is located on the west side of 7 V Place South and South 234' Street. Immediately adjacent to and north of Lot 3, is Lot 2. Lot 2 is a raw undeveloped parcel encompassing approximately 6.15 acres of which 1.7 acres or 27% comprises the rezone area. Lot 2 is also located on 71" Place South. Presently, Lot 2 is used for occasional container and truck storage. Lot 2 is the site for a proposed speculative office/warehouse project. u-znA%-E.So- / KEN -� -..SH1V ' 9i-i__ z9. iELEPHOiNE 556-- �'�� Staff Report Seatabo #RZ-99-1 C. The larger, eastern portion of both properties is currently zoned M-2, Limited Industrial District. The smaller, western portion of both properties is zoned M-1, Industrial Park District. Because the proposed project is designed for multiple tenants it is felt the zoning conflict will create on -going future leasing constraints. Additionally, the side setbacks vary by zone creating site and structural design constraints (M-1 requires 15 feet whereas M-2 requires 10 feet). D. Lot 3 is bounded by North : Lot 2 East: Interurban Trail (a public park amenity), power line and railroad rights -of - way South: Oberto office/manufacturing facility (M-3) West: 71" Place South and M-1 warehouse and industrial park facilities Lot 2 is bounded by: North: US West Business Resources office/warehouse facility, A.T. & T. sales and service facility, retention pond and drainage ditch East: Interurban Trail, power line and railroad rights -of -way South: Lot 3 (Seattle Tacoma Box Co., a manufacturing facility) West: M-1 warehouse facility E. Current City of Kent planning practice places the zoning boundary along property lines or streets to provide zoning consistency and support good lot design. Staff research into the City record reveals that the zoning boundary under consideration was originally established along the Section -Township -Range line. As the land was subdivided the zoning boundary did not correspond with the new property lines. F. The properties are part of 2,990 acres annexed to the City of Kent on February 28, 1959 under Ordinance No. 1013. The property was zoned MA, Industrial Agriculture with adoption of Zoning Ordinance #1071 in 1960. The property was later rezoned to M-land M-2; these designations were retained when the present Zoning Code was adopted in 1973. G. Lots 2 and 3 were created as part of a four -lot subdivision (#SP-71-1) in 1971; the zoning boundary was sustained. Seattle Tacoma Box Co., was built on Lot 3 in 1975. H. The City record reveals that a rezone (RZ-78-3) was approved for two lots at 72nd Avenue S. and 228' Street from M-1 to M-2, which initiated the movement of the Staff Report Seatabo #RZ-99-1 zoning boundary from the STR line to 72nd Avenue S. 72"d Avenue S. is the predominant dividing line between the zones. I. Kent's GMA Comprehensive Plan designates the rezone area as Industrial. The other, larger portions of the properties are designated Manufacturing Center. J. A mitigated Determination of Nonsignificance was issued for this project on June 30, 1999 (#ENV-99-17) and is part of the record. The conditions address impacts to traffic, water quality, water quantity, and stormwater. K. Lots 2 and 3 show direct access onto 71" Place South, which is classified as an Industrial Street. This street has an existing right-of-way width of 60 feet with a paved portion of about 36 feet providing two -lanes of traffic. The Master Plan of Roadways requires improvements to the public right-of-way including paving, curbs and gutters and sidewalks as well as stormwater drainage, street lighting , public utilities and other street appurtenances. L. The current average daily traffic along 71" Place South is unknown. This proposed development will add an estimated 980 daily and 85 PM peak hour trips to the local street system. M. An existing 12-inch water main line and 8-inch sanitary sewer are available to serve the subject property. N. The Burlington Northern railroad, immediately adjacent to the rezone area will provide a spur to the proposed project. O. The Interurban Trail, a community amenity, is located in the immediate vicinity of the subject property. II. CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application: A. City of Kent Departments Fire (Fire Chief and Fire Parks and Recreation Marshal) Planning (Building Official) Law Police Operations Public Works 3 Staff Report Seatabo #RZ-99-1 Other Agencies Seattle/King County Environmental Health King County Budget and Strategic Planning King County Transportation Division, Environmental Planning WA State Dept. of Transportation WA State Dept. of Fish & Wildlife WA State Dept of Ecology United States Postmaster US West Communications Puget Sound Energy In addition to the above, all persons owning property which lies within 300 feet of the site were notified of the application and of the public hearing. Comments from these departments and agencies have been incorporated into the staff report where available and applicable. PLANNING DEPARTMENT REVIEW The Planning Department has reviewed this application in relation to the Comprehensive Plan, Zoning Code, land use, street system, and comments from other departments. Following are the Planning Department's comments. A. Comprehensive Plan The City of Kent first adopted a City-wide Comprehensive Land Use Plan in 1969; a revised Comprehensive Plan was adopted in 1995 pursuant to the Washington State Growth Management Act (GMA). The goals and policies of the Comprehensive Plan represent an expression of community intentions and aspirations to guide growth and the provision of services within the City of Kent and are guided by GMA requirements. Kent's GMA Comprehensive Plan Land Use Map draws a boundary through the developable areas of the subject properties, designating one side Industrial and the other side Manufacturing Center. The proposed development and rezone are consistent with the following goals: GOAL LU-14.1: "Define the boundaries of the manufacturing center as that area within which the most intensive manufacturing and warehouse uses should locate. Ensure the boundaries reflect accessibility to truck and rail corridors. " GOAL LU-14.2: "Discourage and limit land uses other than manufacturing and warehouse within the boundaries of the manufacturing center." 9 Staff Report Seatabo #RZ-99-1 B. Zoning Code The proposed development is a speculative office/warehouse land use where the desired market is those land uses that require railroad access. The proposed project is permitted in both the M-1 and M-2 zoning districts. IV. CONCLUSIONS A. Standards and criteria for granting a request for rezone to M-2 ORZ-99-1)• Section 15.09.050(C) of the Kent Zoning Code states, "The following standards and criteria shall be used by the hearing examiner and city council to evaluate a request for rezone. Such an amendment shall only be granted if the city council determines that the request is consistent with these standards and criteria: The proposed rezone is consistent with the comprehensive plan. Planning Department Comment: The proposed rezone from M-1 to M-2 is consistent with the Comprehensive Plan Map. The land uses in both the Industrial and Manufacturing Center designations are industrial in nature. In addition, the proposed rezone is consistent with the goals and policies of the Land Use Element of the Kent Comprehensive Plan. 2. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. Planning Department Comment: The applicant states, "Developments in the vicinity are all industrial nature. The proposed development for Lot 2 is a warehouse building for uses allowed in the M-2 zone. The existing development on Lot 3 is a manufacturing use (wood boxes and crates) that is an allowed use in the M-2 zone." Staff agrees with the applicant's statement. 3. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts, which cannot be mitigated. Staff Report Seatabo #RZ-99-1 Planning Department Comment: Mitigation of impacts to the traffic system was considered during environmental review of the proposal. 4. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. Planning Department Comment: The relocation of the M-2 zoning boundary from the middle of the lots to the property line promotes good lot design and permits uniform application of the zoning code. 5. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the city. Planning Department Comment: The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the city. It will offer office/warehouse facilities in an industrial area of the City as it would have without the rezone. V. STAFF RECOMMENDATION Upon review of the merits of these requests and the Code standards and criteria for granting a rezone, the staff recommends APPROVAL of Seatabo rezone #RZ-97-3 with no additional conditions. KENT PLANNING DEPARTMENT July 27, 1999 ch:rz991rpt.doc Lp Proposed LOT 2 . 1 1 Existing M-3 M-1 1 LOT 3 1 1 1 M-2 IF QI Application Name: SEATABO (#9900081) Request: REZONE (#RZ-99-1) -(' Map Title: PROPOSED ZONING BOUNDARY North 0 n 00 no ao� avo„ofl GC -MU / Application Name: SEATABO (#9900081) Request: REZONE (#RZ-99-1) Map Title: EXISTING ZONING BOUNDARY a M-3 North M! a I A Application Name: SEATABO (#9900081) Request: REZONE (#RZ-99-1) Map Title: VICINITY MAP -? North Kent City Council Meeting Date January 4, 2000 Category Other Business 1. SUBJECT: MAYOR'S AUTHORIZATION FOR ADMINISTRATIVE ACTS ON APPROVED PROGRAMS OR PROJECTS - RESOLUTION 2. SUMMARY STATEMENT: This resolution provides the Mayor authority to sign grant applications, accept dedications of land and improvements, and execute purchase and lease agreements for right-of-way or other property, but only if the grant, dedication, purchase or lease is part of a project that the Council has approved and budgeted. 3. EXHIBITS: Resolution 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) S. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES M EXPENDITURE REQUIRED: SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember O L moves, Councilmember kAf- seconds to adopt Resolution No. 150, which authorizes the Mayor to sign grant applications, accept dedicated property, and purchase or lease certain property if part of an approved Council project or program a-) a,. U 2QQ,&0 DISCUSSION: ACTION: Council Agenda Item No. 7S rr��•z�I•I��c•�mna A RESOLUTION of the City Council of the City of Kent, Washington, authorizing the Mayor to execute applications for grants, acquire rights -of -way and other property interests by lease or purchase for City public works projects, and to accept dedications of land and other property interests relating to land use development in the City. WHEREAS, the City is involved in numerous projects and programs in which actions by the City, mostly ministerial in nature, would be best handled by delegating them to the Mayor; and WHEREAS, some of those functions relate to grant applications for the funding of such programs and projects; acquisition of rights -of way and other property interests by lease or purchase relating to public works projects; and acceptance of land and other property interests as part of development approval; and WHEREAS, the City Council believes that city actions relating to these issues which have had prior council approval would best be served if handled by the Mayor or his or her designee; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: the following: SECTION 1. The Mayor, or his or her designee, is authorized to do 1 Authorization Regarding Actions of Mayor 1. To make application for grant funding for programs and projects of the City subject to final approval by the council of acceptance of the grant. 2. To acquire right-of-ways and other property interests by lease or purchase from designated project funds when the Council has specifically considered, approved and budgeted the project or program for which the right-of-way or other property acquisition is necessary. This authorization is subject to prior or concurrent Council funding of the acquisition as part of a Council approved and budgeted project or program. An example of such would be the acquisition of rights -of way for road V construction following council project approval and funding. 3. To accept land, appurtenances, and other property and property interests that are dedicated to the City as part of a private developer's development approval. Such authority is only granted to the extent the acceptance does not require �J the expenditure of funds for the property dedicated, unless the Council has approved that additional expenditure. o>L �� O SECTION 2. The authority vested in the Mayor pursuant to this resolution is not intended to vest in the Mayor full authority to acquire property on behalf of the City. It is only intended to vest in the Mayor the authority to acquire those interests in property which are incidental and necessary to the completion of projects or programs that have prior project and funding approval of the City Council. Real and personal property acquisitions not incidental to implementation of a prior approved project or program shall require the approval of the City Council. SECTION 3. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. 2 Authorization Regarding Actions of Mayor SECTION 5. Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of , 1999. CONCURRED in by the Mayor of the City of Kent this day of 1999. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of , 1999. BRENDA JACOBER, CITY CLERK P...I PW doc j Authorization Regarding Actions of Mayor Kent City Council Meeting Date January 4, 2000 Category Other Business 1. SUBJECT: ELECTION OF COUNCIL PRESIDENT 2. SUMMARY STATEMENT: Pursuant to the City's Resolution No. 1O94, the City Council must elect its president, who shall also serve as the City's Mayor Pro Tem, in January of this year for a two-year term. 3. EXHIBITS: None 0 5 C-V 7 RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) UNBUDGETED FISCAL/PERSONNEL IMPACT: SOURCE OF FUNDS: CITY COUNCIL ACTION: NO Councilmember moves, Councilmember DISCUSSION: ACTION: YES conds Council Agenda Item No. 7C REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT � W 2��-[L�^✓ x � /a ty- a4,f-,L4 CA co i-D Ce B. OPERATIONS COMMITTEE �� �H/yl Ig> z3o C. PUBLIC SAFETY COMMITTEE D. PUBLIC WORKS/PLANNING COMMITTEE CAA-L 1 m � a 1-7 w 'LU 224 c-n a 4 4 pro E. PARKS COMMITTEE w u^^ g 3 D F. ADMINISTRATIVE REPORTS W `'�&-P - K:Vy L� 1�0-tyytc�-. T 7� SLAJ K C^ � cx.e..Uzx�� nnP.wv REPORTS FROM SPECIAL COMMITTEES CONTINUED COMMUNICATIONS A.