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City Council Meeting - Council - Agenda - 07/17/2001
City of Kent City Council Meeting Agenda KENT W A 5 N I N G T O N Mayor Jim White Councilmembers Leona Orr, President Tom Brotherton Judy Woods Tim Clark Rico Yingling Connie Epperly July 17, 2001 Office of the City Clerk r • SUMMARY AGENDA KEN T KENT QITY COUNCIL MEETING WA9NINOTON July 17, 2001 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. Proclamation - National Night Out ---$. Fire Department Citizen Award Presentation C. Introduction of Appointees 5 . PUBLIC HEARINGS A. DeMarco Annexation Zoning, First Hearing 6 . CONSENT CALENDAR A. Minutes - Approval B. Bills - Approval C. Best Management Practices for Road, Water and Wastewater Maintenance Activities - Resolution D. Seattle 2001 Water Supply Agreement - Authorize E. Silver Springs Apartments Bill of Sale - Accept F. Rhododendron Estates Bill of Sale - Accept G. Arts Commission Appointment - Confirm H. Hillside Manor Final Plat A prove T . CO a.nc,1 Erh5ence-, Der. M c o ds - PC oJe 7. OTHER BUSINESS A. Resignation of Councilmember Amodt B. Agricultural Land Moratorium - Resolution S9q C. 72nd Avenue South Pavement Reconstruction and Overlay Funding 8 . BIDS A. 72nd Avenue South Pavement Reconstruction and Overlay B. LID 352, 1st, 3rd and 5th Avenue S. Storm Drain Improvements (continued next page) s, SUMMARY AGENDA CONTINUED 9. REPORTS FROM STANDING COMMITTEES AND STAFF 10 . REPORTS' FROM SPECIAL COMMITTEES r /� 11 . CONTINUED COMMUNICATIONS — A' E Co t1,ACr( 7-tes � . Go%� Course P(-o posat 12 . EXECUTIVE SESSION C • h �� d� A. Potential Litigation t 13 . ADJOURNMENT �9 �r J�� . L� N' NOTE: A copy of the full agenda packet is available for perusal in the City Clerk' s Office and the Kent Library. The Agenda Summary page is on the City of Kent web site at www.ci .kent.wa.us. 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 . Z xR e { CRW138 TO THE `A n i Citizens wishing to address the Council° ill, .at this time, make known the subject of interest, so Al may be properly heard. ; A) FROM COUNCIL, ADMINISTRATION, OR ST"* B) FROM THE PUBLIC t t PUBLIC CO " CATIONS { ' - t f A) PROCLAMATION - NATIONAL NIGHT OUT t B) FIRE DEPARTMENT, CITIZEN AWARD PRES"MIIONN F „y C) INTRODUCTION OF APPOINTEES t r i y , — ,�. Cir -Council Meek bat r _ day 17 4 Cat", r ; Public Hea� ,��, 1 . S BMCT: DEMARCO ANMXATION ZONING, FIRST HWING 2 . SUZ4KARY STATEMENT: bn May 21, 2001, the! L d Use and Planning Board held a public hearing on i the,, annexation zoning map amendments and the comprehensive ' ian--,amendments for the DeMarco Annexation area. The Board's � . commendation is included in the City Council ' s packet. T ightls meeting is the first of two public hearings to be he'd b�V the -City Council pursuant to state law; the second hearing ,,ip, ich'eduled for August 21, 2001 . 3 . EXH131TS: Staff memo dated 7/10/01 and attachment of Alternative one; Land Use and Planning BoaO,minutes of 5/21/01, and Staff report dated 5/14/01 4 . _ REC�1+68 LADED BY: Land Use and Planning Roakd (Committee, Staff, Examiner, Commissioxx,- �etd.'')- 5 . UMT URGE-TED FISCAL/PERSONNEL IMP-ACT: N61 YES 6. EXPENDITi3 REQUIRED: ' SOURCE OF FUNDS: ` 7 . CITY COUNCIL ACTION: A. Councilmember moves, Councilor °' ' seconds to close the public hearing. B. Councilmember � move Co ci1me Or - seconds d, F = DISCUSSION: ACTION: J Council Agenda � Item No. 5A • COMMUNITY DEVELOPMENT Fred Satterstrom, AICP, Acting Community Dev. Director • PLANNING SERVICES KENT Charlene Anderson,AICP,Acting Manager W A S M I N O T O N Phone:253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent,WA 98032-5895 July 10, 2001 TO: MAYOR JIM WHITE, COUNCIL PRESIDENT LEONA ORR AND CITY COUNCIL MEMBERS FROM: CHARLENE ANDERSON, AICP, ACTING PLANNING MANAGER RE: DEMARCO ANNEXATION#AZ-2001-1/#CPA-2001-1 (KIVA#2011034) INITIAL ZONING AND COMPREHENSIVE PLAN AMENDMENT LAND USE &PLANNING BOARD RECOMMENDATION DATE OF FIRST CITY COUNCIL HEARING: JULY 17, 2001 Attached is the Land Use & Planning Board's recommendation on initial zoning and Comprehensive Plan amendment for the DeMarco Annexation area. The Land Use & Planning Board conducted a public hearing on these matters on May 21, 2001. At the May 215t public hearing, the Board received public testimony and was asked to consider four alternatives for the annexation area. These alternatives are mapped and described in the staff report to the Board dated May 14, 2001. After considering the public testimony and staff report, the Board is recommending zoning and land use plan map Alternative One. By City ordinance, the City Council must hold two hearings on the proposed zoning, which also includes consideration of the Comprehensive Plan Land Use Map. The first hearing is scheduled for July 17, 2001, and the second hearing is scheduled for August 21, 2001. By State law, the hearings must be held at least 30 days apart. Planning Services staff will be available at both hearings to further explain the recommended zoning and land use plan designations for the DeMarco Annexation area. CA\pm:S.\Pemut\Plan\ANNEXATIONS\2001\2011034-2001-Icc2.DOC Attachments: Minutes of 5/21/01 Board meeting Staff report dated 5/14/01 • I COMM MEZIN jam . " mom IN no IT mn IT mu U-2 San Itog 'Mum J ki W� rr LM Im min eov _ �tJ Q�R i1Vc � 4lea��, oe�Cif � p� ♦ �c��� h-� � - ro �Din woEM To n TAX _ OLrg Ex c►cc�n, NINE ILI ul 0�►`EcEo�c _� rm - LE-z- �-5:1 POEM 1 ,MUM ry O ue0CCirftl�[�7Y77' �Rjd�� Q ii i P7 e��Vw� Qpppj r�a COMMUNITY DEVELOPMENT Fred N. Satterstrom, Acting Community Dev. Director PLANNING SERVICES Ns • Charlene Anderson, AICP,Acting Manager �� K E N T Phone: 253-856-5454 WASHINGTON Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent,WA 98032-5895 LAND USE & PLANNING BOARD MINUTES PUBLIC HEARING May 21, 2001 The meeting of the Kent Land Use and Planning Board was called to order by Chair,Terry Zimmerman at 7:30 p.m. on Monday,May 21, 2001 in Council Chambers of Kent City Hall. LAND USE &PLANNING BOARD STAFF MEMBERS PRESENT MEMBERS PRESENT Terry Zimmerman, Chair Fred N. Satterstrom,AICP,Acting Comm Dev.Dir. Brad Bell Charlene Anderson, AICP,Acting Planning Mgr. Steve Dowell Kim Adams-Pratt,Asst. City Attorney Jon Johnson Pamela Mottram, Administrative Secretary David Malik LAND USE &PLANNING BOARD MEMBERS ABSENT Sharon Woodford, Vice Chair(Excused) Ron Harmon(Excused) APPROVAL OF MINUTES David Malik MOVED and Steve Dowell SECONDED to approve the minutes of April 23, 2001. Motion carried. ADDED ITEMS TO THE AGENDA Acting staff role changes will be discussed. COMMUNICATIONS None NOTICE OF UPCOMING MEETINGS None #AZ-2001-1 DEMARCO ANNEXATION Acting Planning Manager, Charlene Anderson stated that the DeMarco Annexation area is located on the northeast corner of the intersection of 116th and 240th. She stated that the annexation area consists of approximately 267 acres on .42 square miles with an estimated population of 770 people. Ms. Anderson stated that staff has reviewed the comprehensive plan and zoning designations by King County. She stated that King County recently rezoned an 8-acre parcel on the comer of 116th and 240th, from Multifamily (R18) to Neighborhood Business with a Commercial comp plan designation. Land Use and Planning Board Minutes May 21,2001 Page 2 Ms. Anderson stated that some of the proposed zoning alternatives include adopting the current King County zoning designations. She stated that King County has a wider range of comp plan designations compared to the City of Kent's comp plan designations. Ms. Anderson cited that King County has designations ranging from 4 to 12+units per acre and the City of Kent does not have those comp plan designations in that we go up to 8 units per acre or multifamily. Ms. Anderson stated that her preliminary report of sensitive areas in the proposed DeMarco Annexation area include Upper Garrison Creek, Clark Lake outlet,North Meridian Valley Creek, as well as wetlands defined with the creek designations. Ms. Anderson stated that staff considered these sensitive areas when they defined zoning and comp plan options for this annexation area. Ms. Anderson defined the difference between zoning and comp plan designations in that the comp plan is a twenty-year vision of the community for what zoning or land use applications might be applied throughout Kent and our potential annexation area. She stated that the implementation of that vision is zoning. Ms. Anderson stated that if building were to occur at a particular site, the zoning is what governs the use on the property. Ms. Anderson cited the following proposed zoning alternatives by planning staff: Alternative One zoning proposal retains King County's commercial designation. Kent's closest commercial designation is Neighborhood Convenience Commercial with a Townhouse zoning (MRT-16) for the two parcels adjacent to that. Ms. Anderson stated that the remainder of the property is zoned single family residential. She stated that the single family designated property is all detached single family residential in Kent whereas King County allows attached single family residential. Alternative Two zoning proposal changes the commercial designation at the Kent East Hill Nursery site to MRT-16 as shown in the City of Kent's 1994 comprehensive plan. Ms. Anderson stated that Kent's comprehensive plan land use map designation mimics King County's comp plan designation in effect at the time of the adoption of Kent's Comprehensive Plan in 1994. This alternative indicates Multifamily Townhome designations at the corner and either 4.5 or 6 units per acre single family for the remaining area. Alternative Three zoning proposal places multifamily townhomes next to commercial at the corner, with the entire remaining area designated six dwellings units per acre. Ms. Anderson stated that Neighborhood Services replicates the closest comprehensive plan land use designation to King County's at the corner, with Low-Density Multifamily where the MRT- 16 is proposed. She stated that Kent would apply a comp plan designation of single family, six units per acre for the remainder of the area. Alternative Four zoning proposal designates the three properties at the northeastern corner of the SE 240th/116th Avenue intersection as MRT-16, with the remainder of the annexation area as Single Family Residential, six dwelling units per acre. Jon Johnson MOVED and David Malik SECONDED to open the Public Hearing. Motion carried. Tony Arnoni, 15861 132nd Place SE, Renton, WA 98058 stated that he supports staffs recommendation for Alternative One,which supports townhouse development. Land Use and Planning Board Minutes May 21,2001 Page 3 Michael Lotto, 11644 SE 240th St., Kent, WA stated that he owns four parcels within the annexation area including 7.92 acres on the northeast corner of 116th and 240th, currently zoned commercial. Mr. Lotto stated that 2.9 acres located adjacent to the north, currently is zoned R-6, and he would like this property upzoned to R-16. Mr. Lotto further stated that he owns 8 acres east of the corner lot and 4.76 acres northeast of the comer lot. He stated that he has owned a commercial nursery in this area for 15 years. Mr. Lotto stated that he is negotiating with a buyer for the commercial portion of his property to develop a Neighborhood Commercial project. Mr. Lotto stated that he is negotiating with Gary Young of Polygon Homes on 15.5 acres of his property for a condominium project. Mr. Lotto urged the Board to consider Alternative One. Lena Teter, 23607 120th Ave SE, Kent, WA stated that she owns 4.76 acres within the DeMarco Annexation area. She stated that her southern property line adjoins the Lotto property and her northern property line stops at the private road,which would be 236th if it were extended. Ms. Teter stated that her western property line coincides with the western property line of the proposed MRT-16 zoning of the Lotto property. She stated that the eastern line of her property fronts on 120th Avenue Southeast. Ms. Teter urged the Board to consider rezoning her property to MRT-12 as it would be a suitable transition between the MRT-16 zoning and the zoning in the neighboring residential area. She stated that MRT-12 zoning would allow a developer to create a nicer project with more flexibility in working with wetlands, open space, greenbelts, ingress and egress especially for emergency vehicular access. Ms. Teter stated that she has made initial contact with a well-known builder and reputable developer in considering a townhome project for her property. Karen Ramus, 12322 SE 238th PL,Kent,WA 98031 stated that she owns a home on one acre. She voiced concern that existing neighborhoods need protection from traffic flow through the existing residential areas if condominium home sites are developed near existing residential areas. Gary Young, 11624 SE 5th, Suite 200, Bellevue, WA 98005 stated that he is employed as a builder with Polygon. Mr. Young spoke in favor of transitional zoning reiterating his concurrence with the testimonies of property owners Mr. Lotto and Mrs.Teter. Mr. Young stated that a stream runs diagonally through both Mr. Lotto and Mrs. Teters' properties. He stated that the ideal design for development of this land would be to combine the properties in order to provide adequate emergency vehicular access and efficient flow of traffic flow through the neighborhood. Mr. Young stated that Mr. Lotto is requesting retention of his commercial property use. He stated that it would be beneficial to include transitional zoning such as MRT-12, which would provide the flexibility to develop lower density condominium projects on the Lotto and Teter properties. Mr. Young stated that property constraints consist of sensitive areas, wetlands, slopes and grades. He stated that in zoning these properties MRT-12, it would allow flexibility for density, Land Use and Planning Board Minutes May 21,2001 Page 4 transitioning as well as provide an opportunity for a more efficiently designed, lower density townhome project. Mr. Young stated that MRT-12 zoning would provide acceptable buffering along the areas adjacent to existing single family residential areas and create acceptable separation between uses. Jean Lambert, 12451 SE 235th, Kent, WA 98031 stated that she lives in Meridian Villa located within the proposed annexation area. Ms. Anderson in response to Ms. Lambert, clarified that Alternative#4 proposes MRT-16 zoning. Ms. Lambert voiced concern with increasing vehicular traffic in the annexation area and the safety issues that accompany the increase in traffic flow. Ms. Lambert stated that the annexation area consists primarily of single family homes with the exception of the Single Creek townhomes. She encouraged staff to consider developing this land as single family residential in view of the fact that school facilities are at maximum capacity with current student populations. Ms. Lambert voiced support of Alternative #4 as she felt this option would minimize density and maximize a single-family residential environment. Mr. Dowell questioned if Ms. Lambert actually desired to see the corner property zoned R-16 as he felt this zoning would intensify not minimize density, stating that Commercial pre-exists on that comer and is best suited for that property. Ms. Lambert said that even thought R-16 is not her first choice it is a realistic zoning for development of that area. She stated that higher density development should be placed along the main thoroughfare of 240th and not within existing residential areas. Mr. Dowell debated the validity of Neighborhood Convenience Commercial (NCC) versasMRT 16 zoning at the corner section of the proposed annexation property. He stated that implementing MRT-16 zoning would create greater densities than NCC as only forty percent of NCC property can be developed. Ms. Lambert stated that although she would prefer a lower density zoning in the area,the addition of commercial development would detract from the residential atmosphere of the area. She stated that adequate commercial business exists towards Benson Highway and 132nd Avenue. Rodney Bishop, 13717 SE 259th, Kent, WA stated that he supports Alternative #1. He stated that the existing Commercial zoning should be retained for the corner property. Mr. Bishop stated that this property sits on 240th, which serves as a main east/west viaduct for vehicular traffic. He stated that this location would provide good accessibility to commercial services for the residents in the surrounding area. Dan Eymann, 12520 SE 240th, Kent, WA 98031 stated that he pastors Eastridge Baptist Church. He questioned if the City of Kent's R-6 zoning was the same as King County's definition; and if this zoning would affect the expansion plans of the church. Mr. Eymann stated that the church is negotiating with the County through a conditional-use application process. Mr. Eymann stated that the County is negotiating a moratorium on church and private school facilities and questioned if they would be under the constraints of this moratorium if Kent annexes the property. Ms. Anderson stated that the moratorium applies to churches in rural zones only and would not apply to Eastridge Baptist Church,as it is located within the urban growth area. Land Use and Planning Board Minutes May 21,2001 Page 5 Ms. Anderson stated that although conditional uses require public hearings, churches are considered special permit uses in most of Kent's zoning areas; therefore, it does not require a public hearing. Ms. Anderson entered a letter from Mr. Charles Everhardy, 23400 126th Avenue SE, into the record as Exhibit#1 favoring annexation and requesting that the city consider buffering between zoning parcels and discourage spot zoning. Vicki Johnson, 18602 Marine View Dr SW, Seattle, WA 98166 spoke for her mother who resides at 11518 SE 240th west of Mr. Lotto's property. Ms. Johnson stated that her mother's property is zoned R-6 and yet the volume of traffic along the 240th Street intersection is heavy. She stated that property along 240th has eroded in terms of supporting residential development. Ms. Johnson concurred with Mr. Lotto and Mr.Bishop in supporting Alternative#1. Ms. Johnson concurred with Board member Dowell in that retaining commercial would decrease density on the corner property. Brad Bell MOVED and David Malik SECONDED to close the Public Hearing. Motion Carried. Ms. Anderson stated that staff recommends Alternative#4. She stated that staff does not support expanding the MRT zone into Mrs. Teter's property. Ms. Anderson stated that predominately large single-family subdivision lots exist in the annexation area. Ms. Anderson stated that there are three vested subdivisions in King County within the annexation area consisting of approximately 91 lots, one subdivision of which is related to South 236th Street which could preclude extending South 236th over to 116th. Ms. Anderson stated that one reason staff does not support a commercial designation is that it places tremendous land use pressure on the SE 240th/116th Avenue intersection for additional commercial. She stated that for the City to accommodate the goals and policies of the comprehensive plan,commercial designations must be limited. Mr. Malik questioned the feasibility of allowing commercial on the corner of SE 240th and 116th, stating that there are approximately 700 to 800 vehicular trips through that area daily. He stated that with a school in this area, safety would be an issue. Ms. Anderson stated that a preliminary estimate from the City's Transportation section of the Public Works Department indicates traffic impacts from commercial are approximately 7 to 10 times greater than multifamily during the p.m. peak hour. Mr. Dowell stated that Kent Nursery exists as a commercial business on 240th within existing commercial zoning. He stated that if the zoning were to change to MRT-16 as proposed by staff s Alternative#4 proposal, the City is, in effect, downzoning the property. Mr. Dowell stated that downzoning this property could create a problem for the owner if he were to attempt to obtain a bank loan for expansion of his commercial facility. He stated that bank institutions do not like to lend money for legal nonconforming uses on property. Mr. Dowell stated that commercial designations can only develop 40 % of the land and development of townhomes would create higher density in the area then commercial. Land Use and Planning Board Minutes May 21,2001 Page 6 Mr.Dowell recommended the following option defined as Alternative #5: • Neighborhood Convenience Commercial(NCC)zoning on the corner of 240th and 116th, • MRT-16 to the east, and • MRT-12 to the north up to 236th with a buffer zone from 236th to 238th. Mr. Dowell stated that MRT-12 zoning would provide an acceptable buffer zone for the SR-6 zoning located north of the MRT-12 zoning area. Mr.Malik recommended an additional new option as Alternative #6. • MRT-12 zoning for the property along 236th(Mrs.Teter's property) • MRT-16 zoning for the property fronting 240th • Eliminate the commercial designation Mr. Bell voiced his support of Alternative #1 as it most closely ties King County's existing zoning designation with the City of Kent's zoning designations. Mr. Johnson voiced support of Mr. Dowell's recommendation of Alternative #5. He stated that it merits consideration due to: the lay of the land, current zoning, future of potential growth in that area, Growth Management Act requirements and protection of existing single family neighborhoods in the area. Ms. Zimmerman voiced support of Alternative #1 as she favors retaining the County's current zoning designations. Mr. Dowell asked for clarification on Alternative #1, as it was his understanding that the corner of 240th would remain zoned NCC with MRT-16 zoning for the remainder of the property. Ms. Zimmerman explained for the benefit of the Board and audience, that Kent landowners are given annual opportunity to request changes in comprehensive plan land use designations and zoning. She stated that the Board's decision is solely a recommendation and does not preclude any future development changes for the area. Mr. Dowell MOVED and Jon Johnson SECONDED to recommend adoption of Alternative #5 as follows: • Neighborhood Convenience Commercial (NCC) zoning on the corner of 240th and 116th with a comp plan designation of Neighborhood Services • MRT-16 zoning for the two parcels adjacent to the NCC zoned property with a comp plan designation of Low Density Multifamily. • MRT-12 zoning from 120th westward to 116th, via 236th with a buffer from 236th to 238th with a comp plan designation of Low Density Multifamily. Motion died with a 3 to 2 split vote In response to Mr. Dowell, Ms. Anderson stated that the Low-Density Multifamily comp plan designation is designed to accommodate multifamily zoning or townhouse zoning. She stated that this zoning allows for up to 16 dwelling units per acre; giving owners opportunity to request a zone change to Garden Density Multifamily (MRG) to accommodate apartments instead of townhouses. Ms. Anderson stated that rezone requests are heard before the Hearing Examiner and evaluated by the City Council,not the Land Use and Planning Board. Land Use and Planning Board Minutes May 21,2001 Page 7 Ms. Anderson questioned if she understood Mr. Malik's Alternative #6 proposal, in that the property fronting 240th would be zoned MRT-16 zoning,with Mrs. Teter's property zoned MRT- 12 and the remainder of the property retained as SR-6, Single Family Residential, 6 dwelling units per acre. Mr.Bell stated that he now favors Alternative#5. Mr. Malik stated that he does not support Alternative #1, as he strongly opposes commercial development at the 240th St.intersection due to the traffic congestion generated. Jon Johnson MOVED and Brad Bell SECONDED to recommend adoption of Alternative#1 and send this on to City Council for their consideration as follows: • This alternative would establish a land use designation of Neighborhood Services and zoning of NCC,Neighborhood Convenience Commercial for the 8—acre site located at the northeast corner of SE 240th Street and I I6th Avenue SE,and • Multifamily Residential Townhouse(MRT-16), 16 dwelling units per acre on the 8.8 acre and 4.76 acre parcels just east and northeast of this property, with a land use designation of Low Density Multifamily, and • The areas north and east given a Comprehensive Plan Land Use Map designation of Single Family Residential, 6 units per acre and zoning designations of SR-6 and SR-4.5. Motion CARRIED with a 4 to 1 vote,David Malik opposed. Ms. Zimmerman informed the audience that City Council makes the final determination on this matter. She stated that citizens would be notified of the hearing where they would be given opportunity to testify. ADDED ITEM Mr. Satterstrom stated that staff role changes have been implemented on a temporary basis and could be in affect through December 2001. Mr. Satterstrom stated that he has been designated Acting Community Development Director with Charlene Anderson appointed as Acting Planning Manager who according to Ordinance and Bylaws serves as Secretary of the Board. ADJOURNMENT Chair Zimmerman adjourned the meeting at 8:45 pm. Respectfully Submitted, _&azn-a"14� Charlene Anderson,AICP,Acting Planning Manager Secretary S.\Pemdt\P1an\LUPB\2001\minutes\010521 mmdx COMMUNITY DEVELOPMENT Fred N. Satterstrom, Acting Community Dev. Director • PLANNING SERVICES KEN T Charlene Anderson,AICP,Acting Manager W A S N I N G T O N Phone:253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent,WA 98032-5895 May 14, 2001 TO: TERRY 2EVEMERMAN, CHAIR AND LAND USE AND PLANNING BOARD MEMBERS FROM: CHARLENE ANDERSON, AICP, ACTING PLANNING MANAGER RE: DEMARCO ANNEXATION#AZ-2001-1 (KIVA#2011034) COMPREHENSIVE PLAN AMENDMENT AND INITIAL ZONING STAFF REPORT FOR HEARING ON MAY 21, 2001 Introduction On April 3, 2001, the Kent City Council accepted petitions signed by owners of at least sixty percent (60%) of the assessed valuation of the area proposed for the DeMarco annexation. Staff filed a Notice of Intention with the King County Boundary Review Board on April 19, 2001. The decision of the Boundary Review Board is expected within 45 days of filing. The DeMarco annexation area encompasses approximately 266.6 acres (.42 square miles) and is home to an estimated 770 people. The area is located on the East Hill of Kent, from 1161h Avenue SE to SE 132"d Street and from SE 240`h Street north to approximately SE 231"Place on the west and SE 233`d Street, if extended, on the east. The annexation area is within the Urban Growth Area and Potential Annexation Area boundaries that were defined and established by the City of Kent according to the Washington State Growth Management Act. When the Kent Comprehensive Plan was adopted in 1995, land uses for the Potential Annexation Area generally were based on King County's adopted land use plan in order to ensure consistency between the City's and County's Comprehensive Plans. However, in late 2000, King County amended their Comprehensive Plan and Zoning Map to adopt land use map and zoning designations of Commercial Outside of Centers and Neighborhood Business, respectively, for an eight-acre parcel at the northeastern corner of the intersection of 116ch Avenue SE and SE 2401h Street. Furthermore, as each annexation is approved by the City of Kent, the annexation area is analyzed in greater detail through a public process in order to refine land use designations, zoning, and policies under the context of the City of Kent's Comprehensive Plan. The purpose of the Comprehensive Plan is to guide land use and capital improvement decisions. Establishing City of Kent zoning districts for the annexation area is a Comprehensive Plan implementation action. The Comprehensive Plan amendment and initial zoning designation will be reviewed concurrently because they must be consistent with one another, according to RCW 36.70A.120. Background The King County Comprehensive Plan Land Use Map generally designates the area as Urban Residential 4-12 units per acre, with the property at the northeastern corner of the intersection of SE 240th Street and 116th Avenue SE recently designated Commercial Outside of Centers, and the two properties just adjacent to the east and northeast of that property designated Urban Residential 12+ units per acre. The corresponding King County zoning designations are R-6 Residential (6 dwelling units per acre) along 116th Avenue SE and along SE 240th Street, with Neighborhood Business and R-18 Residential (18 dwelling units per acre) at the northeast corner of the intersection of 116th Avenue SE and SE 240th Street. The zoning designation changes to R-4 Residential (4 dwelling units per acre), in an irregular pattern generally east of 120th Avenue SE and north of SE 237th Place, if extended, excluding approximately 3 unplatted parcels at that southern boundary. There also is R-4 zoning west of and abutting 120th Avenue SE from about SE 236th Street north to approximately SE 232"a Street, if extended. Residential districts in the City of Kent are designated separately as single family or multifamily. However, King County residential zoning is inclusive of detached single family, attached and "stacked"multifamily dwelling units. The P and SO suffixes attached to designations such as R- 4-P-SO on the King County Zoning Maps provide for property-specific (P) development standards and special district overlays (SO). There is a special district overlay that covers all of the properties within the DeMarco annexation area. This overlay, Condition SO-220, relates to retention of significant trees. The three larger parcels at the northeastern corner of the intersection of 116th Avenue SE and SE 240th Street also have had property-specific development standards attached to them by King County (further explained in the Environmental Characteristics section, below). The existing land use pattern in the DeMarco annexation area is primarily single family residential with densities ranging from townhomes to one-acre lots and larger unplatted parcels. Meridian Junior High School is located within the area. Kent East Hill Nursery is located at the northeastern corner of the intersection of SE 240th Street and 116th Avenue SE. There are two large churches and a church hall also located in the area. Notice of a proposed subdivision called Birdsong Meadows is posted in the area, and staff has been notified of preliminary approval of a 32-lot subdivision and an application for a 27-lot subdivision along SE 234th Street. The land use pattern has been developed and supported through King County's Soos Creek Community Plan and the King County Comprehensive Plan. Using King County zoning designations; looking at vacant vs. underdeveloped properties; discounting for sensitive areas, public rights of way, and market availability; and estimating likelihood of development considering date of most recent platting activity, age of existing residence, and surrounding plat activity, staff projects 471 additional dwelling units in the proposed annexation area within the next 10 years. Environmental Characteristics The DeMarco annexation area is located on Kent's East Hill (aka, Soos Creek) plateau and can be characterized generally as rolling terrain. The Middle Fork of Garrison Creek, North Meridian Valley Creek, and a Clark Lake Outlet all run through the area. The 1991 Soos Creek Community Plan Update identifies wetlands near the Middle Fork of Garrison Creek at the northeastern corner of the intersection of 116`h Avenue SE and SE 240th Street. King County attached the following P-suffix condition to the three parcels at this location: "The natural Land Use and Planning Board Hearing May 21,2001 Page 2 of 4 drainage area on the Lotto/Toppano property shall be designated as permanent open space. This area shall not comprise less than 30% of the total sites." Upon annexation, the City of Kent regulations for the protection of sensitive areas, preservation of agricultural or other resource lands, preservation of landmarks or landmark districts and surface water control will become effective for the proposed annexation area. The City of Kent environmental regulations will equal or exceed King County regulations. Kent has adopted the Soos Creek Basin overlay restrictions for stream buffers and is dedicated to protecting wetlands, associated buffers, and geologically unstable areas. The City currently is reviewing critical area regulations as required by GMA to ensure best available science is used, and the City is expected to adopt the King County Stormwater Manual in the near future. Public Participation —Community Meeting There were two meetings held in June and August, 2000 in the DeMarco annexation area prior to the submission of a 10 percent petition to the City of Kent. Citizens expressed concerns about a proposed condominium development and concerns regarding safety and traffic. The annexation proponents also held a community meeting on January 24, 2001. City staff members were present at the January 24`h meeting to address fire and police protection, traffic and stormwater issues, zoning and land use, and general City administration, including financing. The citizen attendees generally expressed support of single family detached dwelling units within the annexation area. Land Use Alternatives Staff is bringing forward three zoning and land use alternatives for the annexation area. Analysis of the alternatives includes the following factors: 1. Relevant Kent Comprehensive Plan goals and policies and land use P g recommendations for land within and adjacent to the DeMarco area. 2. Preliminary housing target analysis. 3. Existing King County Comprehensive Plan and Zoning designations and policies. 4. Information received from the public at the community meeting. 5. Available data regarding natural resources and environmentally sensitive areas. The Land Use and Planning Board and Kent City Council will hold public hearings to establish initial zoning and to amend the Kent Comprehensive Plan, if required. • Alternative One would match the existing King County zoning designations with the closest equivalent City of Kent zoning designations. In the Year 2000 Comprehensive Plan Update (Map Amendment #19), King County changed the land use and zoning designations for the 8-acre site located at the northeast corner of the intersection of SE 240`h Street and 116`h Avenue SE. The Land Use designation went from Urban Residential High to Commercial Outside of Centers, with a zoning change from R-18 (18 dwelling units per acre) to Neighborhood Business. Alternative One proposes a land use designation of Neighborhood Services and zoning of NCC, Neighborhood Convenience Commercial for this property, with a Low Density Multifamily land use designation and MRT-16 zoning designation (Multifamily Residential Townhouse District) on the 8.8 acre and 4.76 acre parcels just east and northeast of this property. To the north and east would be areas designated Single Family Residential, 6 units per acre, on the Comprehensive Plan Land Use Map with zoning designations of SR-6 and SR-4.5. Land Use and Planning Board Hearing May 21,2001 • Alternative Two differs from Alternative One in that it would remove the corner commercial designation and designate it MRT-16 along with the adjacent parcels just east and northeast of the corner parcel. The remainder of the annexation area would be designated Single Family Residential, either 4.5 or 6 dwelling units per acre. • Alternative Three maintains the commercial and townhouse designations at the northeastern corner of 1161h Avenue SE and SE 2401h Street but designates the remainder of the annexation area as Single Family Residential, 6 dwelling units per acre. • Alternative Four designates the three properties at the northeastern corner of the SE 240th/116th Avenue intersection as MRT-16, with the remainder of the annexation area as Single Family Residential, 6 dwelling units per acre. Recommendation Planning staff is recommending approval of Alternative Four. The Kent Comprehensive Plan Policy LU-13.5 supports "..."comer store", small-scale,neighborhood-oriented shops adjacent to selected rights-of-way in higher-density neighborhoods..." and further states, "Ensure that projects are pedestrian-oriented and developed with minimum parking provisions." However, designating additional commercial parcels other than the existing commercial property at the southeastern corner of this intersection would create additional land use pressure to further erode the residential character of this area, and could jeopardize the policy for "comer store" retail. The surrounding neighborhood generally is single family residential, including low densities of one or three dwelling units per acre to the southeast and southwest of the annexation. A zoning designation of MRT-16 at the northeastern corner would bolster the viability of the neighborhood business designation at the southeastern comer, would promote additional homeownership opportunities, would promote a land use pattern that supports public transportation, and also would create a buffer from the impacts of the intersection on the lower density neighborhoods to the north and east. It also encourages developing the three parcels designated MRT-16 as a unified development proposal with better management of the sensitive areas on the sites. Allowing an overall single family residential density of six (6) units per acre recognizes the area lies within an Urban Growth-Area and provides a means for developing at a somewhat higher level than currently is allowed. At the same time, staff recognizes that much of the area currently is designed as larger lot subdivisions, and it is unlikely they will be further subdivided within a 10-year time frame. Providing for a slightly increased density facilitates and anticipates growth in a shorter time frame on those parcels not currently subdivided but that lie within Kent's designated Urban Growth Area. Not creating another commercial designation at this intersection recognizes and supports the existing major commercial operations at the intersection of SE 2401 Street with 1041h and 132°d Avenues SE. CA/pm S\Pertmt\Plan\ANNEXATIONS\2001\2011034-2001-1b.DOC Enclosures: 8 Maps cc: Fred N. 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SSAV9Ll a 1 9�•.ar-1■i'J--rf .•rrr.L L r ■ . ■ F.r • 7 ..�. �. . a/ • 1 • .►m lbMmp � .r rr ♦ gr.r■rrrr� raj 4 +w4► �►�1� � ■'�1S■ far■L.w■ �d v do MIMI MIER [ 7 Vm SCI ENAMWErAl tom] G�vf"•�, v[�� �� O�F:� rE aidEll Gtto�.cEc� r�r`' r worm �,► _ _�1, OR �� crili� , N`�' C�o/ VC�'7�da ja 1�:�;7 t ra y;;- e\ �► c`� �`' r 4 SENT CALENDAR • j 6 . City CounQi j Action: Councilmember lf[sw moves, Councilapmber seconds to approve Consent Calendar Items A through Discussion Action 1 Y)e-- 6A. Appproval of Minutes. Approval of the minutes of the regular Council meeting of July 3, 2001 . 6B. AMroval of Bills. Approval of payment of 'the bills received through June 29 and paid on June 29 after auditing by the operations Committee on July 3, 2001. Approval of checks issued for vouchers: Date Check Numbers 6/29/01 515116-515378 $1,326, 831. .41 6/29/01 515379-515954 ' 34 6a,9Q�L.70 $3, 893, 736 Al Approval of checks issWd for payroll for June 1 through June 15 and paid on June 20, 2001: Date Qbgck Numbers Amount 6/20/01 Checks 252691-253046 $ 306, 37.8.90 6/20/01 Advices 112956-113600 1.i028. 817. 19 $1,335, 196. 09 Council Agenda Item No. 6 A-B Kent, Washington Is July 3 , 2001 The regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White . Councilmembers present : Brotherton, Clark, Epperly, and Yingling. Others present : Interim Chief Administrative Officer Martin, City Attorney Lubovich, Public Works Director Wickstrom, Planning Manager Satterstrom, Finance Director Miller and Parks, Recreation and Community Services Director Hodgson. Councilmembers Orr and Woods were excused from the meeting. Approximately 30 people were at the meeting. CHANGES TO THE AGENDA Martin announced that Councilmember Amodt resigned from the Council effective June 30 , 2001, and reminded Councilmembers of an executive session with two items, both of which may be acted on after the executive session. He estimated that the executive session would take twenty minutes . An excused absence from Council- member Woods was added to Consent Calendar Item J. Continued Communications Item 11A was added at the request of Robert O'Brien. Consent Calendar Item 6I was moved to Other Business as Item 7B . PUBLIC COMMUNICATIONS Employee of the Month. Mayor White announced that Police Officer Jeff Cobb has been selected Employee of the Month for July. He introduced Officer Cobb and his canine partner Rookie, and noted that during the first quarter of this year, they have captured more felons than they did in all of last year. He added that the suspects captured by Officer Cobb and Rookie were involved in auto thefts, burglaries and drug-related activities . He noted that Officer Cobb also conducts demonstrations showing how he works with Rookie on the job, which helps educate citizens about how canines are important and effective partners within the Police Department . He thanked Officer Cobb and Rookie for making our city a safer and more friendly place to be . Deputy Police Chief Miller said that Officer Cobb and Rookie have enhanced the program and are an asset to the Department . He thanked Officer Cobb for all he does for the Department . Recreation and Parks Month. Mayor White read a proclama- tion noting that parks, playgrounds, nature trails, open spaces, community and cultural centers and historic sites 1 Kent City Council Minutes July 3 , 2001 . PUBLIC COMMUNICATIONS make communities attractive and desirable places to live, work, play and visit, contribute to economic vitality, and touch the lives of individuals, families, groups and the community. He proclaimed the month of July, 2001, as Recreation and Parks Month in the City of Kent and urged citizens to celebrate by participating in their choice of pleasurable recreation, parks and leisure activities with family, friends and neighbors . The proclamation was presented to Parks, Recreation and Community Services Director Hodgson thanked the Mayor for the proclamation and invited citizens to the multitude of activities taking place this summer. CONSENT CALENDAR CLARK MOVED to approve Consent Calendar Items A through K, including the amendment to Item J, and excluding Item I which was removed. Epperly seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 6A) Approval of Minutes . APPROVAL of the minutes of the regular Council meeting of June 19, 2001 . POLICE (CONSENT CALENDAR - ITEM 6C) Washington State Traffic Safety Commission (WTSC) Grant. ACCEPTANCE of the WTSC grant entitled "Kent Drinking Driver Countermeasure Program. " The Kent Drinking Driver Task Force (DDTF) has applied for the grant funding from WTSC and anticipates receiving the State-signed original authorization with final allocation and budget summary from WTSC no later than June 29, 2001 . The effective dates of the grant are July 1, 2001 through June 30 , 2003 , and the amount of the grant is $60 , 000 . The Kent DDTF has received similar funding from WTSC since 1983 . PARKS, RECREATION AND COMMUNITY SERVICES (CONSENT CALENDAR - ITEM 6D) Service Club Ballfield Donations. ACCEPT the Kent Lions Club donation of $11, 000 . 00 and the Soroptomist Club donation of $3 , 500 . 00 and amend the Service Club Ball- field Project, as recommended by the Parks Committee. 2 Kent City Council Minutes July 3 , 2001 PARKS, RECREATION AND, COMMUNITY SERVICES (CONSENT CALENDAR - ITEM 6E) Fee In Lieu Budget Transfers. ACCEPT fee-in-lieu funds totaling $35, 098 .27 and amend the Clark Lake, Service Club Ballfield and Clark Lake Park budgets, as recom- mended by the Parks Committee. Between January and April 2001, the City of Kent received a total of $35, 098 .27 from three subdivisions that make fee-in-lieu payments instead of dedicating parkland to mitigate the development of single family homes . The city has five years from the date of deposit to spend these funds for park acquisition, development, or open space . These funds will be applied to a park close to the subdivision, as outlined below: Emerald Ridge - Clark Lake Park $15, 150 . 00 Pacific Peaks Service Club Ballfield 5 , 500 . 31 Burkhardt Heights Clark Lake Park 14 , 447 . 96 Total $35, 098 . 27 (CONSENT CALENDAR - ITEM 6F) Surplus HAAK House. APPROVE designating the house located at 11525 SE 240th Street in Kent as surplus, as recommended by the Parks Committee . The property was purchased by the City as part of the East Hill Youth Extreme Park. The house located on the property is not essential to the City and needs to be designated as surplus, in order to be removed. Upon approval , the house will be advertised for bidding. (CONSENT CALENDAR - ITEM 6G) King County Work Training Grant. ACCEPT the King County Work Training Program Grant in the amount of $20,020 . 00 and amend the Youth/Teen Year Round In-School Project, as recommended by the Parks Committee . (CONSENT CALENDAR - ITEM 6K) Sound Transit Artwork Change. APPROVE the changes to the Interlocal Agreement between Sound Transit and the City of Kent for artist Lydia Alredge ' s artwork at the com- muter rail station parking garage, as recommended by the Parks Director. The Kent Arts Commission reviewed and approved changes to the parking garage art plan in January 2001 . 3 Kent City Council Minutes July 3 , 2001 FINANCE (CONSENT CALENDAR - ITEM 6H) Washington Economic Development Finance Authority Non- Recourse Revenue Bonds. PASSAGE of Resolution No . 1597, which voices the City' s support of Washington Economic Development Finance Authority' s ( "WEDFA" ) issuance of tax-exempt non-recourse economic development revenue bonds to support RMI Investors, LLC ' s purchase and renovation of an existing building, located at 19021 80th Avenue S . , Kent, for subsequent lease to Vectra Fitness, Inc . for the manufacturing of physical fitness equipment, as recommended by the Public Works Committee . (CONSENT CALENDAR - ITEM 6B) Approval of Bills . APPROVAL of payment of the bills received through May 31 and paid on May 31; and approval of bills received through June 15 and paid on June 15, after auditing by the Operations Committee on June 19, 2001 . Approval of checks issued for vouchers : Date Check Numbers Amount 5/31/01 513470-513762 $ 654 , 662 . 34 5/31/01 513763-514281 2 , 567 , 276 . 52 $3 , 221 , 938 . 86 Date Check Numbers Amount 6/15/01 514282-514650 $1, 703 , 206 . 74 6/15/01 514651-515115 1, 407 , 074 . 93 $3 , 110, 281 . 67 COUNCIL (CONSENT CALENDAR - ITEM 6J) Excused Absence, Councilmember Orr. APPROVAL of Council President Orr' s request for an excused absence from the July 3 , 2001, City Council meeting, as she will be unable to attend, and approval of Councilmember Woods ' absence from the meeting. (OTHER BUSINESS - ITEM 7A) Council Meeting Time Chancre. The proposed ordinance would change the regular August 7, 2001, City Council 4 Kent City Council Minutes July 3 , 2001 COUNCIL meeting at 7 : 00 p.m. to a special City Council meeting at 5 : 00 p.m. for National Night Out . National Night Out is scheduled to occur on August 7, 2001, during the City Council ' s meeting. By scheduling a special Council meeting on that date at 5 : 00 p.m. , Councilmembers will have an opportunity to participate . Council is reminded, however, that by law, it can only take final action on matters identified in the notice of the meeting. Due to time constraints, this ordinance was presented to the Operations Committee earlier today. YINGLING MOVED to adopt Ordinance No. 3564 changing the Council meeting time from 7 : 00 p.m. to 5 : 00 p.m. on August 7, 2001 . Epperly seconded and the motion carried. COMMUNITY DEVELOPMENT (OTHER BUSINESS - ITEM 7B) Code Enforcement, Kent City Code Chanter 1.04 . In 1993 the City Council enacted Chapter 1 . 04 of the Kent City Code to provide provisions for enforcement of civil violations of City codes . The proposed ordinance updates these code enforcement provisions by repealing Chapter 1 . 04 and enacting a new Chapter 1 . 04 entitled "Code Enforcement" . The purpose is to provide a more effective and efficient tool for enforcement of the City' s codes . The Legal Department is currently drafting a second ordinance relating to code enforcement to be submitted at a later date which will amend enforcement provisions of various chapters of the Kent City Code to refer back to Kent City Code Chapter 1 . 04 for a unified code enforcement process . The City Attorney noted that the goal of the City is to obtain compliance, not to penalize, and that the proposed ordinance would allow the flexibility to reach compli- ance . He pointed out some minor word changes which were recommended at the committee meeting. BROTHERTON MOVED to adopt Ordinance No. 3565 revising Chapter 1 . 04 of the Kent City Code relating to code enforcement, as modified. Yingling seconded and voiced his support of the code enforcement program. The motion then carried. 5 Kent City Council Minutes July 3 , 2001 REPORTS Planning Committee. Brotherton noted that the next meeting will be on August 6th at 4 : 00 p.m. ADDED ITEM (CONTINUED COMMUNICATIONS - ITEM 11A) Council Rules and Procedures. Bob O'Brien, 1131 Seattle Street, noted that the issue of whether the Council should revise the policy on televising Council meetings was brought up at the Operations Committee meeting today, and said that the concerns included preventing personal attacks, the fact that some people are reluctant to express their views on tv, and that Council must at times research the answers with staff in order to reply. O'Brien stated that some citizens attended the committee meeting to present their views, but that no public input was asked for or accepted. He expressed hope that the opportunity citizens have to address the Council at their meetings will not be taken away. EXECUTIVE SESSION The meeting recessed to Executive Session at 7 :20 p.m. , and reconvened at 7 :28 p.m. Litigation. EPPERLY MOVED to authorize the settlement and dismissal of the matter of City of Kent v. Boise Mobile Equipment, Inc . , Cause No. C00-502C upon payment to the City of Kent of $424 , 000 for the return to Boise Mobile Equipment Inc . , of two fire trucks, subject to final negotiation and approval of the settlement agreement by the City Attorney pursuant to terms and conditions similar to those set forth in the Memorandum of Settlement, which is hereby made part of the record. Yingling seconded and the motion carried. Property Acquisition. CLARK MOVED to authorize the Mayor to negotiate and execute a Purchase and Sale Agreement with Burlington Northern Santa Fe Railroad for certain property commonly known as the Burlington Northern Spur Site, bordering the south boundary of the Borden site between First Avenue and Fourth Avenue for the amount of $895 , 000 . 00 upon terms and conditions similar to those set forth in a proposed agreement which is hereby made a part of the record. Brotherton seconded and the motion carried. 6 Kent City Council Minutes July 3 , 2001 ADJOURNMENT YINGLING MOVED to adjourn at 7 :30 p.m. Epperly seconded and the motion carried. Brenda Jacc r, CMC City Clerk 7 t4 n - r ntr C#y Council Meeti g Datji, July 17, �?&QQI Ca"00 consent Calgrid4r I 1. SUBJECT: BEST MANAGEMENT PRACTICES FOR_R0AD1'1 WATER AND WASTEWATERMAINTENANCE ACTIVITIES RESOLUTION 2 . SUKKARY STATEMENT: As recommended by toe Public Works Committee, adoption of,.Resolution No. �,,, establishing Best Management Practices (EMP's) for road maintenance and water and wastewater maintenance activities. Adoptimg these BMP's will promote the conservation and protection of !threatened or endangered species as they are affected byfthe City' s maintenance and operation of its street an4 utility systems. Exhibits A and B to the Resolution are on 'file and available for public inspection in the City Clerk's gf€-ice. • 3 . E IAITS: Resolution and Public Works Director memorandum 4 . RECOMMENDED BY: Public ,,Works Committee (Committee, Staff, Exlaminer, Commission, -etc. ) 5 . UNBUDGFTED FISCAL/PERSbNNTL Ir ACT: NOS,„ YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmendoo; ,; , seconds DISCUSSION: ACTION: f Council Agenda Item No. 6C COMMUNITY DEVELOPMENT • Mike H. Martin, Deputy Chief Administrative Officer PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director SITPhone:253-856-5500 K E N Fax: 253-856-6500 W A S H I N O T O N Address: 220 Fourth Avenue S. Kent,WA 98032-5895 Date: July 2, 2001 To: Public Works Committee From: Don Wickstron , )Ublic Works Director Subject: Best Management Practices (BMPs) The Public Works Department is requesting Committee's recommendation to full Council, the approval of two resolutions to adopt Best Management Practices (BMP's) for road maintenance and for water and wastewater maintenance activities. The requirements will be for all work to be performed by the Department of Public Works. The BMP's will protect fish and fish habitat from harmful impacts. This action is part of the City of Kent's efforts to act responsibly in protecting salmon as part of the Endangered Species Act. MOTION: Recommend to full Council approval of-two resolutions to adopt Best Management Practices for road maintenance, water and wastewater maintenance activities. BMP's RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, adopting "Best Management Practices" for the maintenance of the City's street and utility systems, to promote the conservation and protection of threatened or endangered species. WHEREAS, the City of Kent has a strong commitment to provide its citizens with a safe and reliable water and sewer utility system, and with a safe and efficient street transportation system; and WHEREAS, the City of Kent has a substantial investment in its streets and in its water and sewer utility systems in order to provide these systems at the level of service appropriate for all the users of these city systems; and WHEREAS, in order to provide this level of service and in order to maintain compliance with a broad array of state and federal laws that regulate the city's operation of these systems, the city undertakes regular, periodic and emergency maintenance of these facilities; and WHEREAS, some portions of these city systems are located within or adjacent to wetlands, streams, lakes, and steep slope areas; and WHEREAS, the city is also committed to providing a safe and healthy natural environment and, specifically, is committed to promote the conservation and protection of threatened or endangered species; and 1 ESA Best Management Practices WHEREAS, the United States Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) have listed chinook salmon, bull trout, and certain other fish species as "threatened" or "endangered" in the state of Washington under the Endangered Species Act (ESA); and WHEREAS, some of the work necessary to maintain and replace street and utility facilities in and adjacent to aquatic habitat where listed species occur could conflict with conditions that may be imposed under the ESA; and WHEREAS, these potential conflicts could also jeopardize the reliability of existing city systems, thereby placing public health and safety at risk; and WHEREAS, it is in the best interest of the city to effectively maintain, operate and replace its facilities, while at the same time employing the city's best efforts to avoid or minimize the risk of engaging in the unpermitted "take" or harm to threatened or endangered species; and WHEREAS, city staff have undertaken an exhaustive analysis of street and utility maintenance procedures employed by other jurisdictions in Western Washington, and have attempted to employ the best available science to develop a set of"Best Management Practices" (BMP's) for the maintenance, operation and repair of the city's street and utility systems; and WHEREAS, it is appropriate to implement these BMP's at this time. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Recitals Incorporated. The foregoing Recitals are incorporated into the body of this Resolution by this reference. 2 ESA—Best Management Practices SECTION 2. BMP's adopted. In order to promote the conservation and protection of threatened or endangered species, and to avoid the associated risk, the City of Kent adopts Part 2 of the "Regional Road Maintenance Endangered Species Act Program Guidelines," attached and incorporated as Exhibit A, and the "Best Management Practices Framework for Maintenance and Repair of Water and Sewer Utilities In and Near Wetlands and Streams," attached and incorporated as Exhibit B. The City has used its best efforts to employ the best available science to be in compliance with current federal, state and local standards, rules, regulations and environmental documents. SECTION 3. Adaptive Management to be Employed. The practices established in these BMP's are designed to avoid or reduce impacts to aquatic habitat. Although based on best available science and practice, these BMP's are unlikely to remain static or unchanging, because new developments in science, law and regulations will likely result in new or improved methods of environmental protection. Amending these BMP's or adjusting the practices established by these BMP's to meet these new methods of environmental protection results in applying an "Adaptive Management" approach that will allow the City to regularly employ new management practices as they become available, where appropriate. As a result, the city also authorizes its staff to employ Adaptive Management as it implements these BMP's. SECTION 4. Purpose. The city adopts these BMP's as a starting point for system specific plans, to the extent necessary, for the following purposes: (1) to demonstrate compliance with the ESA with regard to system maintenance, operation and repair; (2) to promote the conservation and protection of threatened or endangered species; (3) to secure protection from claims or suits under the ESA; (4) if determined to be necessary, to secure incidental take permits from the NMFS and/or the USFWS through the preparation of Habitat Conservation Plans; and (5) to assist the city to secure local, state and federal permits. 3 ESA—Best Management Practices SECTION 5. 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 6. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 7. Effective Date. This resolution shall take effect immediately upon its passage, as provided by law. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington,this day of , 2001. CONCURRED in by the Mayor of the City of Kent this day of 2001. JE\4 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 , 2001. BRENDA JACOBER, CITY CLERK(SEAL) P\QvJ\Resolution\BMPs Road&Uul doc 4 ESA—Best Management Practices r' Ker�t , City,,Council Meeting Date.; "ly 17 2901 Category Consent Calera ar 1. SUBJECT: SEATTLE 2001 WATER SUPPLY AGREEMENT - AUTHORIZE 2 . SU, XARY STATEMENT: As recommended by the Public Works Committee, authorization for the Mayor to negotiate and execute a Water Purchase Agreement with the City of Seattle as outlined in the memorandum of the Public Works Director subject to the concurrence with the language, terms and conditions by the Public Works Director and the City Attorney. • 3 . EXHIBITS: Public Works Director memorandum 4 . RECOMMENDED 8Y: Public ,,norks Committee (Committee, Staff, Examiner, Commission, ;etc. ) 5 . MMUDGETED FISCAL/PERSONNEL IMPACT: NO � YES 6 . EXPENDITURE REQUIRED: .$ SOURCE OF Puns: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• r Council Agenda Item No. 6D COMMUNITY DEVELOPMENT Mike H. Martin, Deputy Chief Administrative Officer PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director • K Phone:253-856-5500 ENT Fax: 253-856-6500 W A S H I N G T O N Address: 220 Fourth Avenue S. Kent,WA 98032-5895 Date: July 2, 2001 To: Public Works Committee From: Don Wickstrom, Public Works Director Subject: Seattle Water Supply Agreement To help us get through this summer demand season we are relying on our interties with our neighboring purveyors. We have interties with Highline Water District to the west, with the the cities of Tukwila and Renton to the north, with Water District #111 to the east and the City Auburn to the south. Highline Water District and the City of Tukwila get their water from Seattle. So any supply therefrom would require Seattle's concurrence. We felt that our best approach was to keep all options on the table. As such we have pursued them all including constructing a new intertie with Soos Creek Sewer and Water District which is to our northeast. Soos Creek is also a Seattle purveyor so a supply therefrom would also require Seattle's concurrence. While I said we have pursued them all that is exclusive of Tukwila and WD#111. The Tukwila intertie like the Renton intertie feeds into our system on the north end. Because of the hydraulic interference that occurs when these two sources are operated simultaneously, the supplies therefrom are not totally added to our system. As such their use is typically one or the other. Since the Renton intertie has more capacity and we have an existing agreement with them we have pursued same. We have not pursued WD#111 because we know they don't have any extra water. Like I said while our approach is to keep all options open we have been concentrating on Renton and Auburn. However only recently Renton has confirmed that they will have water available to us. The flow therefrom will be 2.5 MGD up to August 10th at which time it will drop back to 1.1 MGD. This is less then the 2.5 MGD we were anticipating through all of August which is our peak demand month. Furthermore, Auburn, due to its other commitments, has no water directly available. In order to get water from Auburn we have to get water to Auburn and to do that we would have to construct a new intertie between Lakehaven Utiltiy District, which has water and Auburn. While this is doable, we then also have to build a temporary intertie between Kent and Auburn as our SeattleWaterSupplyAgreement Page 1 of 2 r existing intertie is out of service because of the 277th Street construction work. Even . though this is all doable under an emergency situation what we end up with is an $80,000 throw-away facility because of the settlement issues associated with 30 feet of road fill. In addition said intertie would have to be manned because in order to get the flow through it, a temporary pumping system would be required. In all to make the Auburn connection work is an expensive and complicated proposition and should any unforeseen problem crop up a delay could easily occur. As I said we have kept all options open and when we met with Seattle they indicated that they have 5 MGD available. For them to make that available to the South county costs them about $60-80,000 for infrastructure work on various northerly purveyor systems. We said we would take 2.5 MGD thereof and pay them $30-40,000 up front to guarantee that the water will be there when we call on it. We would also get a credit against that up front cost for the water we would be buying. The water rate for the purchased water is $1.88CCF during the summer and $1.44CCF during the winter. This water will only be available for this one season. Presently we are only in the drafting stages of the agreement and I may have a rough draft available at the committee meeting. The point is that August is only a month away and we are now into our demand season. To get a final version of the agreement and then come to Committee and then to full Council for authorization, it will just be too late. As such I am recommending that the Mayor be authorized to execute a water purchase agreement with Seattle once developed, subject to the concurrence with the language, terms and conditions thereof by the Public Works Director and City Attorney. MOTION: Recommend to full Council that the Mayor be authorized to execute a Water Purchase Agreement with Seattle, subject to the concurrence with language, terms, and conditions thereof by the Public Works Director and the City Attorney. SeattleWaterSupplyAgreement Page 2 of 2 ' t Kent i ,citl y—<Council Meeting Daft # July 17 2-,gl Ca + o :. rt Calendar 1. JEgx: SILVER SPRINGS APARTMENTS BIZ.,L `-OF' SALE - ACCEPT 2 . 3iNIABY STATEMENT: �As recommended bye '$ublic Works Director, accept the ,R ll of Sale for the ,,g leer Springs Apartments submitted by,' Silver Springs Apartments, LLC for continuous operation and maintenance of 1 991feet of water mains, 1, 772 feet of sanitary sewer, 1,27q fep'!t 'o€ street improvements and 525 f"t of storm sewer. '7JRoA40 Ito be released after the 1-year expiration period. This,,praject is located at 22416 88th Avenue South. ` J t • 3 . EXHIBITS: None 4 . REC E BY: Public ,Works Director (Committee, Staff, Examiner, Commission; ) 5 . MMRMTED FISc /RIC K : NO, YES z 6. EXPENDITURE REQUIRED: ` SOURCE OF FUNDS- 7 . CITY COUNCIL ACTION: , k - - Councilmember moves, Councilmemkr second8 'r DISCUSSION: ACTION: Council Agenda Item No. 6E t t, Ker;. Council Meet • 5 D July, 12,�;ZR CoL nserit. Calep4ax I. SUBJECT: RHODODENDP N ESTATES BILL OF jA`J " ACCEPT z 2 . SMO Y STTEMEM: ,As recommended by �� b is Works Director, accept the -B�;i of Sale for Rr}o�c a ton Estates submitted by N & G Developments LLC for -cmiti'*# us operation and maintenance of 1, 7$4 feet of sanitaryswors, 960 feet of street improvements and' 1,205 feet of stogy ver. Bonds to be released after the 1-year expiration peri9d, '-This project is located at 25809 124th Avenue Southeast., 1 3 . EXHIBITS: None . 4 . REgOIl®dENI3ED". BY: Public ;Yor s Director (Committee, Staff, E miner, Commission, �4t,6. ) 5 . UNSURGETED FI, sCAL/PERS,,QL FACT: ;; , YES 6 . EXPENDITURE REQU'IRFD s ( � SOURCE OF F NHS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmet seconds DISCUSSION: ACTION: Council Agenda k Item No. 6F - 4 " K r*j ;ryCouncil Meeti#g • DA R:g' ,I,I July 17, C Cat;3 ,,unseat galeaQj# r 1 . SUBJSCT: ARTS COMMIR'SION 'APPOINTMENT ,00z 2 . 9.12Q= SThTEMENT: ,))iConfirmation of"thO�IHaqpr''.a appointment of Diana Albertson to ,Verve as a member otij ' Kent Arts Commission. Ms. Albertson is a 14 year ,ro ink of the City of Kent and she and her f4mily reside on $Cen a lUll. She is President of Paradigm Consulting Servicese aq es on the Board of Directors of the Kent Chamber of Commeic�oi :'�i�and has been active in the arts. She will replace June Leonard, who resighed,; 'ytn, kher term will continue until 10/31/20,05 . 3 . EXHIBITS: Memo l << r 4 . RLCOF;D BY: Mayes : hite (Committee, Staff, Examiner, Commiss'iori*, etc. 5. MaRMSTBR FISCAL/PERSOIRM I AA': NQ` ; ,, YES 6. EXj! ITURE REQUIRED: $, SOURCE OF FUNDS: i L 7 . CITY COUNCIL ACTION: i Councilmember moves, Councilmemb1tr seconds DISCUSSION: ACTION: Council Agenda Item No. 6G • KEN T WAS H I N G T O N MEMORANDUM TO: LEONA ORR, CITY COUNCIL PRESIDENT CITY COUNCILMEMBE S FROM: MAYOR JIM WHITE DATE: JULY 9, 2001 SUBJECT: APPOINTMENT TO KENT ARTS COMMISSION I have appointed Diana Albertson to serve as a member of the Kent Arts Commission. Ms. Albertson is a 14 year resident of the City of Kent and she and her family reside on Scenic Hill. She is President of Paradigm Consulting Services, serves on the Board of Directors of the Kent Chamber of Commerce, and has been active in the arts. She will replace June Leonard, who resigned, and her term will continue until 10/31/2005. I submit this for your confirmation. jb hr X A �w4 "Council ,McC1 ,Jti1v 17 � Ca _ bx seat Caier r ps I . Ste: HILLSIDE N4NOR FINAL PLAT (PsU49 i4,s> KIVA #2010668) - APPROVE, l a `` ;t# 2 . SUMMARY 3TA : Approve the HU18440 I or Final Subdivision plat with. donditions and Guthp ,ji2A the Mayor to sign the final plat mylar. i rt This final application, was submitted by ) ,i M Aa*olmberg Inc. The hearing Examiner issued the Findings,,vilt �-,�Oohditions on the preliminary plat, on.April 2, 1997. $ , n a Plat Alteration filed by the applicant, new' Fi44ar fs _'With conditions were issued by the Heating Examiner on i�p+�� r 1�2„ 2000. 3 . Fd ,IS_ STs: Memo with ,conditions and_ . p,;� , 4 . 2ED BY: Staff (Committee, Staff, Examiner, Commission•j' dots ;. 5 . UNBDDGZTZD FISCAL/PERSQMM,�S AT I �� ;_ YES_,,_ „ ` F 6. ZXP ITURS REQUIRMs ; SOME OF FMMS: j r 7. CITY COUNCIL. ACTION: l k Councilmember moves, Councilmemb r 'wJ„r seconds DISCUSSION: ACTION: ' 4 ,, Council Agenda. Item No. 6H 0 • KENT W< S N I N G T O N COMMUNITY MEMORANDUM DEVELOPMENT',' duly 10, 2001 PLANNING SERVICES Fred N.Satterstrom,AICP TO: MAYOR JIM WHITE AND CITY COUNCIL Manager Mailing Address: FROM: KIM MAROUSEK,ACTING PLANNING 220 Fourth Ave.S. MANAGER Kent,WA 98032-5895 MEETING Location Address: DATE: JULY 17,2001 400 West Gowe Kent,WA 98032 SUBJECT: HILLSIDE MANOR FINAL SUBDMSON Phone:253-856-5454 #FSU-96-26(KIVA#2010866) Fax:253-856-6454 On April 2, 1997, the Hearing Examiner issued Findings, Conclusions and Recommendation with conditions on the Hillside Manor Final Subdivision #FSU-96-26 (Kiva #2010868), a 4.3 acre, 23-lot single family residential lots. Based upon a Plat Alteration filed by the applicant, new Findings with conditions were issued by the Hearin_$ Examiner on November 22, 2000. The property is located at 24411 98 Avenue S. Staff recommends the City Council approve the Hillside Manor Final Subdivision #FSU-96-26 (Kiva #2010868) with the attached conditions and authorize the Mayor to sign the mylar. FNS/mjp/S:\Permit\Planuongplats\2001\2010868fsu9626cc.doc Enclosure ' Ur� Z w awn n"n` Oo�O W pp Z NNhi I 00 mow J CZK'1 Donn ODnln nnn� �I A�.,/ O�Za LLJ ^ ,`A.,NON NO Nn J p00• OT Lu In N^ j QQC Mrpr _ m 3 3 W W W 3 W M ,I►,Yf.00S —T-- ---- � 2 3�nnoosfn LV � ro 1 0` Zm o�n�21 mcw� .n r- ,^ O J 80R0Nn 01D U W ,n M M I r f6'rIZ 3,IY,4f.00 N n t (4zzzz1nrnz o NNCO l SC'6Z 8Z 64 9L OS o -Nn�n o n au V ^ mU O UUU ri 2 N_ W C` o CV o o rn a O1 � nl e n 0 0 !n n rn ^ m •SZ o I W •SZZ YI'011 3 .tS.OS•SO S N N 1 W I ` I O p 'n B!YS 'N N o e i m M .ft,.90.10 Z O N n In wa m uwi 2 o (1f I 49Z01 3 YO.4S.90 S n cq r a 0. .r �, •, CV ,� Za ua�i I aw a.r Na au. , .,•c.,., 60'6L - ZY'f8 Yo'OOI 3,IY,Yf.00 N � M ,Of"90.ro s u1 ZL 66 3,O.K.00 N W YL•r8 w 1 00 co ,n o n- 0 0 r rO z n 0 J 00 Z V I 1 U 0 0 W N to oz 1 N <W< 0 4' Z of Q O a Z I �W iL °° a p is 96 66 Z V- 4t m M fY,90.10 N 3.LZ,90.10, I S > 96 46 O 3,It,Sl.lO S Q ,e. 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Hunter Hearing Examiner FINDINGS, CONCLUSIONS AND DECISION COMMUNITY DEVELOPMENT RE-MAILED 11/28/00 CONDITIONS LISTED FILE NO: HILLSIDE MANOR #SU-96-26 -ANNING SERVICES #PTA-2000-3 KIVA#2003453 ad N. Satterstrom,AICP Manager APPLICANT: SHUPE HOLMBERG (Baima & Holmberg) Mailing Address: 220 Fourth Ave.S. REQUEST: A request to alter the main roadway design to terminate Kent,WA98032-5895 in a cul-de-sac at the westerly portion of the subject Location Address: property. Additionally, the applicant seeks approval to 400 West Gowe create two access tracts to serve lots 14-16 (tract C) Kent,WA 98032 and lots 17-20 (tract B). Phone:253-856-5454 Fax:253-856-6454 LOCATION: 24411 98th Avenue S. APPLICATION FILED: September 21, 2000 MEETING DATE: November 8, 2000 DECISION ISSUED: November 22, 2000 DECISION: APPROVAL with conditions STAFF REPRESENTATIVE: Fred N. Satterstrom, Planning Services Kim Marousek, Planning Services Gary Gill, Public Works Steve Mullen, Public Works Frank Spanjer, Public Works Ozzie Carrasquilla, Public Works Mike Evans, Fire Prevention PUBLIC TESTIMONY: Shupe Holmberg, applicant Others Ryan Zulauf John Phillips Mike Thompson Norma Thompson Hearings Examiner Findings and Decision Hillside Manor#SU-96-26 #PTA-2000-3 KIVA#2003453 EXHIBITS: 1. Hearing Examiner file containing, Notice of Public Hearing, application and staff report. 2. Hillside Manor#SU-96-26 file 3. E-mail dated 10/17/00 from Faith Kihn Letter dated 11/6/00 from John Phillips 4. Three photos of the property SUMMARY OF PROCEEDINGS Mr. Shupe Holmberg (Applicant' Representative) requested approval of a plat alteration to change the internal road design of the Hillside Manor Plat (SU-96-26), which was approved by the Hearings Examiner on April 2, 1997 and the City Council on May 20, 1997. An open record hearing was held on November 8, 2000 to allow all interested persons an opportunity to respond to application. The Kent Planning Department reviewed the application and recommended approval with conditions in a written report presented at the hearing. Representatives from the City of Kent, the Applicant, and other interested parties appeared at the hearing. After considering all the evidence presented at the open record hearing on the date specified above, the following Findings, Conclusions and Decisions are entered by the Examiner on this application: FINDINGS 1. The Applicant requested approval of a plat alteration to change the internal road design of the Hillside Manor Plat (SU-96-26), which was approved by the Hearings Examiner on April 2, 1997 and the City Council on May 20, 1997. Approved access to the site is from 98th Avenue SE, with access to individual lots via South 245th Place, a cul-de-sac road extending west from 98th Avenue SE. According to original plans, South 245th Place was to form a "knuckle" near the western property boundary and turn to the north. The bulb of the cul-de-sac was to be located off site just north of the northern property boundary. The City did not require this design. Due to problems obtaining the necessary easements to construct the bulb of the cul-de-sac off site, the Applicant now proposes to alter the road design by terminating South 245th Place in the western portion of the property. The City Planning Manager deemed the new road design a "major plat alteration" under KCC 12.04.735 because it would require the revision of previously approved plat conditions.' The alteration would result in the reconfiguration of several lots and changes to lot access but would not affect the density of the plat. The subject property is located at 24411 98th Avenue South and is identified as King County Tax Parcel No. 1922059237. Exhibit 1, Staff t Other changes proposed by the Applicant,including the relocation of the storm drainage facility,are not major plat alterations necessitating Hearing Examiner approval. Page 2 c , Hearings Examiner Findings and Decision Hillside Manor#SU-96-26 #PTA-2000-3 KIVA#2003453 Report, pages 1-3; Exhibit 1, Site Plan dated 9114100; Exhibit 2, Findings, Conclusions and Recommendation; Testimony of Ms. Marousek; Testimony of Mr. Gill. 2. Current City of Kent subdivision criteria include a requirement that there be appropriate provision for connectivity of streets, alleys and pedestrian accessways within and between subdivisions and neighborhoods. KCC 12.04.685Q). Connectivity was not a plat requirement when the City Council approved the plat in 1997. However, the parties agreed that KCC 12.04.6850) is applicable and is the primary criterion for review of the proposed plat alteration. Exhibit 1, Staff Report, pages 13-14; Testimony of Ms. Marousek; Testimony of Mr. Gill. 3. Mr. Ryan Zulauf and other local residents advocated street or pedestrian path connectivity from South 245t' Place to 96t' Avenue SE in order to implement the Cit�'s connectivity policy and to alleviate traffic congestion on 98th Avenue SE. 96 Avenue SE abuts the subject property at the southwest corner of the property. The portion of 96t' Avenue SE abutting the subject property has a right- of-way width of 30 feet, which was obtained through the short-platting of the property directly south of the site. The right-of-way forms the eastern half of 96t' Avenue SE. There is no corresponding dedication from adjacent property to the west. The right-of-way has not been improved and is used as a driveway to homes that abut the subject property to the west. Existing plats developed both in King County and the City of Kent preclude future extension of 96t' Avenue SE to the north. Exhibit 1, Staff Report, pages 5 & 11; Exhibit 1, Public Correspondence (Letter from Ann Eggers; Letter from Faith Kihn); Testimony of Mr. Zulauff, 4. 96t' Avenue SE would not provide safe pedestrian access. The right-of-way is unlit and there is thick vegetation present along the roadway. A footpath along the southwest corner of the on-site detention pond was considered but rejected due to the number of angles that would be needed. Pedestrians have little, if any, need to access 96t' Avenue SE as school and shopping areas are located to the north. Testimony of Mr. Thompson; Testimony of Mr. Phillips; Testimony of Mr. Gill, Exhibit 1, Site Plan (9114100). 5. There is insufficient right-of-way for vehicular access from South 245t' Place to 96'h Avenue SE. The platting of the property southwest of the site would be needed to provide adequate right-of-way. Opponents to the extension of 96t' Avenue SE argued that traffic on 98t' Avenue SE would not be alleviated because the closest major arterial, as well as a school and shopping areas, are located to the north. Exhibit 1, Staff Report, page 11; Exhibit 1, Public Correspondence (September 26 Letter from Mike and Norma Thompson; October 23 Letter from Mike and Norma Thompson). 6. The parcel directly south of the plat, Tax Lot 415, has direct access from 96ti' Avenue SE. City planning staff submitted that this access point would be the Page 3 Hearings Examiner Findings and Decision Hillside Manor#SU-96-26 #PTA-2000-3 KIVA#2003453 most logical extension of 96th Avenue SE to the south and would provide access between 96th Avenue SE and 98th Avenue SE if developed in conjunction with adjacent parcels to the east. If Tax Lot 415 were developed independently of the other parcels, then it would be required to provide a stub for future connection to 98th Avenue SE. This through street would provide vehicular and pedestrian access between 96th Avenue SE and 98th Avenue SE with a straight intersection alignment. Exhibit 1, Staff Report, page 14. 7. The parcel north of the subject property has direct access to 98th Avenue SE. The proposed plat alteration would not affect access to that parcel. Testimony of Ms. Marousek. 8. Improvements to 98th Avenue SE were required as part of the original plat approval. City of Kent street standards require a 36-foot paved street for 98th Avenue SE, a residential collector street. Some portions of 98th Avenue SE have only 30 feet of right-of-way. The Applicant will dedicate 15 feet of right-of-way along the property frontage for a total of 45 feet of right-of-way. In addition, the Applicant has provided funds to the City to acquire a pedestrian path along 98th Avenue SE from the subject property to the school to the north. Without the extra right-of-way along the property frontage, a pedestrian path along 98th Avenue SE would not be available. Testimony of Mr. Gill. The additional right-of-way along the property frontage would not result in increased traffic speeds along 98t Avenue SE. Testimony of Mr. Mullen. 9. With the proposed changes to the design of South 245th Place the Applicant proposes to modify access to individual lots. The Applicant proposes Tract B to provide access to lots 17 through 20 and Tract C to provide access to lots 14 though 16. The original plans called for three access tracts. Exhibit 1, Staff Report, page 1; Exhibit 1, Site Plan (9114100); Exhibit 2, Preliminary Plat Map (2122196). 10. There was public testimony at the open record hearing regarding storm water drainage. The Applicant proposes changes to the storm drainage system, but these changes were deemed minor changes not requiring Hearing Examiner approval. However, the Applicant and the City Engineer addressed storm drainage at the hearing. The Applicant proposes to slope 96th Avenue SE to the east. Stormwater would be directed to a ditch on the east side of 96th Avenue SE and would flow in a southerly direction. The Applicant's storm drainage design would improve drainage. Testimony of Mr. Thompson; Testimony of Ms. Thompson; Testimony of Mr. Gill, Testimony of Mr. Holmberg. 11. Although not related to the cul-de-sac issue, the issue of fencing was raised. At the open record hearing, the Applicant agreed to place a cedar fence along the north, west, and south property lines. Exhibit 3B, November 6 Letter from John Phillips; Testimony of Mr. Holmberg. Page 4 k t Hearings Examiner Findings and Decision Hillside Manor#SU-96-26 #PTA-2000-3 KIVA#2003453 12. Notice of the open record hearing was posted on the property, published in a local newspaper, and mailed to property owners within 300 feet of the site. Exhibit 1, Public Notice and Mailing. CONCLUSIONS Jurisdiction The Hearing Examiner has jurisdiction to hold a public hearing on this application; to consider all evidence presented at the open record hearing; and, based on that evidence, to approve, disapprove or approve with conditions the request for a plat alteration. KCC 12.04. Criteria for Review The decision of the Hearings Examiner must be supported by the evidence presented and must be consistent with the standards and criteria for review specified in state statutes and city ordinances. Although there are no criteria for review of plat alterations, the standards and criteria for review of preliminary plat applications are found in Chapter 12.04 of the Kent City Code (KCC) and Chapter 58.17 of the Revised Code of Washington (RCW). The plat, as altered, must satisfy preliminary plat requirements. Because the portion of the plat alteration subject to Hearings Examiner approval is limited to the change in cul-de-sac design, the only review criteria applicable to the proposal are those relating to traffic circulation. Section 12.04.685 of the Kent Subdivision Code contains the following criterion relating to traffic circulation: 1. Appropriate provisions have been made for: j. connectivity of streets or roads, alleys, pedestrian accessways, and other public ways within and between subdivisions and neighborhoods. Conclusions Based on Findings Appropriate provision will be made for connectivity of streets and pedestrian accessways. With the proposed cul-de-sac design and improvements to 98t' Avenue SE as required by the original plat approval, appropriate provision will be made for connectivity of streets and pedestrian accessways. There is much evidence that providing a road or pedestrian path from South 245t' Place to 96t' Avenue SE would not be feasible. 96t' Avenue SE does not contain sufficient right-of-w%to develop a road, and, in its current condition, is not safe for pedestrian access. 96 Avenue SE exists only as a driveway. Assuming that additional right-of-way could be obtained to construct a road, it is unlikely that the connection would be useful to residents or reduce traffic on 98t' Avenue SE. Public services are located to the north. The City's connectivity policy would be better served by developing 96 h Avenue SE from the property south of the site or improving 98t' Avenue SE. The Applicant proposes improvements to 98t' Avenue SE that would result in safe pedestrian access from the subject property to the school to the north, which is consistent with the City policy. No additional street connection is appropriate at this time, but may be examined in the future if surrounding properties are developed. Findings of Fact Nos. 1-8. Page 5 C , l � Hearings Examiner Findings and Decision Hillside Manor#SU-96-26 #PTA-2000-3 KIVA#2003453 Conditions of approval are needed to ensure that South 245t' Place, as currently proposed, and the proposed access tracts are developed to City standards, and that the Applicant fulfills the agreement regarding fencing. Conditions regarding the off-site cul- de-sac must be removed from the original plat approval. All other conditions of the original plat approval are valid. Findings of Fact Nos. 1, 9-12. DECISION Based upon the preceding Findings of Fact and Conclusions, the request for a plat alteration, as depicted in the Site Plan dated September 14, 2000 (Exhibit 1), is APPROVED, subject to the following conditions: A. GENERAL CONDITIONS OF APPROVAL: 1. The Owner/Subdivider shall comply with all applicable conditions of the Determination of Nonsignificance for #ENV-96-85 for the HILLSIDE MANOR SUBDIVISION. 2. Prior to a recommendation for preliminary plat approval by the Department of Public Works, the Owner/Subdivider must submit and receive approval for preliminary drainage plans for this plat. B. PRIOR TO RECORDING THIS SUBDIVISION: 1. Unless otherwise provided for in a previous deed, the Owner/Subdivider shall quit-claim deed and/or dedicate sufficient right-of-way, across the entire property frontage, for the construction of 98th Avenue South to City Standards for a Residential Collector street, minimum half-street right-of-way width of 30 feet. This deed of right-of-way shall be provided based upon a survey to be performed by a licensed land surveyor of the subject property, 98th Avenue South, and adjacent affected properties, and shall clearly delineate the existing public right-of-way, property lines, curb lines, paving limits, and other public and private improvements. This right-of-way dedication shall include sufficient property to construct 35- foot radius curb return tangent to the new curb lines on 98th Avenue South and the plat street. 2. The Owner/Subdivider shall dedicate sufficient right-of-way for the construction of South 245th Place to City Standards for a Residential Street together with sufficient right of way for the cul-de-sac turn around to include a 3-foot utility strip behind the sidewalk. This dedicated right- of-way shall be provided based upon a survey to be performed by a licensed land surveyor of the subject property, 98th Avenue South, and adjacent affected properties, and shall clearly delineate the existing public right-of-way, property lines, curb lines, paving limits, and other public and private improvements. Page 6 l t Hearings Examiner Findings and Decision Hillside Manor#SU-96-26 #PTA-2000-3 KIVA#2003453 3. The Owner/Subdivider shall acquire and dedicate sufficient right-of-way from the adjoining properties to construct the transitions to the fronting roadway improvements on 98th Avenue South, or provide suitable financial guarantees, acceptable to the Public Works Director, to allow the City to purchase the necessary right-of-way and construct the improvements. 4. The Owner/Subdivider shall receive approval of engineering drawings submitted for review and approval by the City, and either construct or bond for the following: a. A gravity sanitary sewer system to serve all lots. The sanitary sewer shall be extended to the subject property along the alignment of 96th Avenue South from the existing system located within South 248th Street, unless otherwise approved by the Public Works Director to connect to the existing sewer system to the north of the site. Approval of this alternative will require the applicant to prepare a detailed engineering analysis of the downstream system to verify that adequate capacity exists to serve the subject property and all off-site properties within the same service area. b. A water system meeting domestic and fire flow requirements for all lots. The line shall be extended/looped from 98th Avenue South to tie-into the existing 8 inch water main in 96th Avenue South at the intersection of South 246th Street. The water system main shall also be extended to the northerly subdivision boundary from the intersection of the plat street at 96th Avenue South unless otherwise approved by Public Works. C. A storm drainage system meeting applicable standards for conveyance, detention, and water quality treatment. Off-site conveyance shall be sized to accommodate the 100-year, 24-hour peak future drainage rate for the drainage basin. The minimum detention and release standards to be met for this project shall be that for the City of Kent Hill standards. Unless approved otherwise by the Public Works Director, the public retention/detention facility shall be an open pond with no interior slopes being steeper than 3:1 (Horizontal : Vertical), unless the Owner/Subdivider provides a 'geotechnical report with the Preliminary Drainage Plans which indicates a stability problem with an open pond facility. (1) Unless the Owner/Subdivider submits a drainage plan significantly different than what was submitted prior to the application for this subdivision, the Owner/Subdivider may be required to make extensive off-site improvements. In addition, the Owner/Subdivider will also have to obtain public stormwater easements, if necessary, for any portion of the Page 7 C (^' Hearings Examiner Findings and Decision Hillside Manor#SU-96-26 #PTA-2000-3 KIVA#2003453 downstream conveyance system to Mill Creek which is outside of existing City right-of-way or City drainage easements. (2) The final Detailed Drainage Plan and Report will clearly identify the existing and future capacity of each existing link in the drainage system for the required downstream analysis. The downstream analysis for this development will include an analysis for capacity, erosion potential, and water quality from the point of discharge from the site downstream a distance of at least one quarter mile, or to the point where stormwater discharges to Mill Creek, whichever is further. Should the downstream capacity be insufficient to convey the 25-year, 24-hour peak flow rate for future conditions, the Owner/Subdivider shall either provide necessary off-site conveyance improvements (and easements where necessary), OR further detain/retain stormwater and restrict the release rate of stormwater to ensure that the capacity of the existing conveyance system will not be exceeded at the time of full build-out in the drainage basin, or some combination of these methods. Similarly, should the existing erosion/siltation problem at Mill Creek be exacerbated by the proposed release conditions, then the Owner/Subdivider will have to further restrict the release of stormwater from this development, OR provide adequate off-site mitigation at the discharge point to Mill Creek. (3) The Detailed Drainage Plans and Report for the plat will clearly show the proposed conveyance route from the subdivision to Mill Creek, the required off-site conveyance improvements that will be constructed as part of this project, and the new public drainage easements, if any, that will be provided by the Owner/Subdivider to use this route. If this route passes through an existing detention system, the Owner/Subdivider shall provide a level-pool analysis, routing the 100-year, 24-hour design storm through the off-site pond to identify any potential adverse impacts on that pond. (4) Each house and garage shall be directed to Roof Downspout Infiltration Trenches meeting requirements of the Department of Public Works including overflow pipes that shall be connected to an approved conveyance system. The following requirement shall be stated on the face of the final plat: AS A CONDITION OF BUILDING PERMIT ISSUANCE, RESIDENCES CONSTRUCTED ON LOTS OF ' THIS Page 8 c <, Hearings Examiner Findings and Decision Hillside Manor#SU-96-26 #PTA-2000-3 KIVA#2003453 SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION TRENCH SYSTEMS PER DETAILS SHOWN ON THE APPROVED STORMWATER DRAINAGE PLANS. (5) The Owner/Subdivider shall submit a Landscape Plan for within and surrounding the retention/detention facility (if a pond only) to the Kent Planning Department and the Department of Public Works for concurrent review and approval prior to approval of the Detailed Drainage Plans. (6) Surface water runoff from the developed subdivision along the west and south edges of the plat shall be intercepted and conveyed into the storm drainage system to avoid off-site impacts. The interception drainage system shall be within an approved drainage tract, or as otherwise approved by the City. Construction of swales, ditches, or similar improvements within easements on private lots will not be acceptable to meet this requirement. (7) The Owner/Subdivider shall construct an open-to-the-air stormwater treatment system in accordance with Kent Construction Standards to mitigate for potential impacts to stormwater runoff quality. Acceptable stormwater treatment facilities meeting this requirement in their preferred order include: infiltration after pretreatment (it is the only alternative which captures all pollutants from the design storm); biofiltration swales; wet ponds; extended detention ponds; and created wetlands. (8) The stormwater treatment system shall be within the approved retention/detention facility tract. Easements for biofiltration swales across private lots will not be acceptable to meet this requirement. (9) The Owner/Applicant has not submitted evidence to support the fact that an infiltration facility is not feasible. Unless the Owner/Applicant provides evidence refuting the feasibility of infiltration for this subdivision in the Detailed Drainage Plan and Report, an infiltration retention pond shall be required and constructed for this subdivision. This will result in the loss of one or more lots for the final plat. d. The Owner/Subdivider shall grade for streets, storm drainage, utilities and for house pads for all lots. Grading Plans and Temporary Erosion/Sedimentation Control Plans shall meet the requirements of the City of Kent Construction Standards. Page 9 Cl Hearings Examiner Findings and Decision Hillside Manor#SU-96-26 #PTA-2000-3 KIVA#2003453 e. The Owner/Subdivider shall construct the plat street (South 245th Place) to City Standards for a Residential Street, including a minimum 28-foot wide paved roadway; concrete curbs and gutters; five [5]-foot wide concrete sidewalks on both sides of the street; a City-owned street lighting system; storm drainage; street channelization; utilities and appurtenances, and a minimum 28-foot radius curb returns at the intersections of the South 245th Place and 98th Avenue South. f. The Owner/Subdivider shall construct two private residential access roads with an asphalt pavement surface width of 20-feet within a minimum tract width of 24-feet at the following locations: (1) Access Tract B: Lots 17 through 19 and 20. (2) Access Tract C: Lots 14 through 16 g. The Owner/Subdivider shall construct the off-site roadway improvements identified in the SEPA DNS issued for the plat (ENV-96-89), as well as the following frontage improvements along 98th Avenue South: . 0 (1) A widening/improvement of 98th Avenue South across the entire plat frontage. This widened street shall include an additional 15-foot wide strip deeded to the City of Kent across the entire easterly plat frontage, for the widening of 98th Avenue South to City Standards for a Residential Collector roadway, for a total half-street right-of-way of width of 30 feet. The improvements shall include an 18-foot wide half street improvement on the westerly side of 98th Avenue South; including and engineered pavement section; concrete curbs and gutters; 5-foot wide cement concrete sidewalk; a City-owned street lighting system; landscaping; storm drainage; street channelization; utilities and appurtenances. If it is determined through a City-approved pavement analysis and design prepared by the developer's engineer that ail or any portions of the existing 98th Ave pavement and subgrade are structurally sound, and may remain in place, then the following measures shall be taken as a minimum to insure proper construction of the roadway in accordance with the City's pavement design standards. The edge of the existing pavement shall be saw-cut at least one (1) foot (or more, at the sole discretion of the Director of Public Works, based upon the condition of the existing roadway pavement) inside the existing edge of pavement. Page 10 l � Hearings Examiner Findings and Decision Hillside Manor#SU-96-26 #PTA-2000-3 KIVA#2003453 After placement of the new structural section, the joint between the new pavement and saw-cut line shall be sealed. Finally, these Owner/Subdivider shall be responsible for a minimum 1.5 inch deep (after the pre-level course) asphalt concrete overlay of the entire full-width of the existing roadway gavement through the widened area, as necessary, to provide a 2 percent crown section across the pavement; and as necessary to meet City Standards for roadway pavement sections appropriate to the roadway's functional classification These improvements shall also include sufficient pavement on the easterly side of the roadway centerline to provide a minimum 12-foot wide northbound lane across the entire frontage of the plat ; and necessary pavement transitions to the existing portions of 98th Avenue South to the north and south of the plat. In addition, the Owner/Subdivider shall install "No Parking" signs across the entire subdivision frontage on 98th Avenue South. 7. The Owner/Subdivider shall dedicate all necessary public right-of-way for the improvements listed in this section, and provide all public and private easements necessary for the construction, operation, and maintenance of the required improvements identified in this section. C. PRIOR TO ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THE HILLSIDE MANOR SUBDIVISION THE OWNER/SUBDIVIDER SHALL: 1. Construct all improvements required in Sections A & B, above. 2. The Owner/Subdivider shall receive approval for Detailed Grading Plans AND Temporary Erosion and Sediment Control Plans in conformance to the City Construction Standards submitted to the Department of Public Works for review and approval. 3. The Owner/Subdivider shall receive approval of As-built drainage plans for the entire site prepared by a land surveyor licensed by the State of Washington. 4. The subdivider shall implement all mitigation measures required by the Determination of Nonsignificance for SEPA checklist #ENV-96-89 for the • Hillside Manor Subdivision. 5. The Owner/Subdivider shall submit a Detailed Tree Plan for the general site, for the roadway, and for all individual lots showing all trees six inches Page 11 � S Hearings Examiner Findings and Decision Hillside Manor#SU-96-26 #PTA-2000-3 KIVA#2003453 in diameter or greater, and their relationship to any proposed structures. This plan must be approved by the Kent Planning and Public Works Departments prior to approval and construction of the final roadway design and prior to the issuance of a development permit or any grade and fill permit for any lot. No trees of six inch caliper or greater shall be removed from any lot except through a tree plan approved by the Kent Planning Department. 6. Dedicate five percent (5%) of the total plat area being developed as open space park land or pay a voluntary fee in lieu of dedication as set forth in Ordinance No. 2975. 7. The Applicant shall install a cedar fence along the northern, western and southern property lines. Dated this 22"d day of November, 2000. THEODORE PAUL HUNTER Hearings Examiner Page 12 DISTRIBUTION OF HEARING EXAMINER MATERIAL HE REVISED FINDINGS OF HILLSIDE MANOR#PTA-2000-3/2003453 WERE MAILED TO THE OLLOWING ON NOVEM 3ER 28, 2000: Public Works Director; Dean Falkner, Frank Routed in Planning Department Spanjer, Hearing Examiner Carol Storm, Marilyn Parker, Barbara Hearing Examiner File Hill Planning Department File Parks Director; Lori Flemm Building Official South County Journal Fire Prevention Kent School District City Clerk Kent Reporter Sent to the following parties of record: RYAN C ZULAUF MIKE &NORMA THOMPSON 24502 98TH AVE S 24425 96TH AVE S KENT WA 98031 KENT WA 98031 ANN EGGERS SHUPE HOLMBERG 9627 S 2437D BAIMA&HOLMBERG KENT WA 98031 100 FRONT STREET S ISSAQUAH WA 98027 0OHN A PHILLIPS T 24429 96T11 AVE S ELLENSWOOD CORPORATION KENT WA 98031 2 UNION SQUARE #5523 SEATTLE WA 98101 FAITH KIHN 24325 98TH AVENUE S GLEN&VALERI PATCHENT KENT WA 98031 24444 94TH AVE S KENT WA 98031 JEFF APPELGATE 24318 94TH AVENUES KEITH ERIKSEN KENT WA 980031 24440 94TH AVE S KENT WA 98031 STATE OF WASHINGTON ) COUNTY OF KING ) THE UNDERSIGNED, BEING FIRST DULY SWORN, ON OATH, STATES: THAT ON �"��- 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. /� .• �R k 0 t - ���. ���Sty �c�.9-� �•''�;e`�e8••.•1.�ti�• . SUBSCRIBED AND SWORN TO BEFORE ME THIS 2=� DAY OF t j O NOT UBLI OR WASHINGTON • �� Z 41� r` RESID GAT r.✓ ;'0dd''r........ elk' My Commission Expires: 31— - Ken, rMty ,Council Mee' g Dat44 . ' July 17., ul Catggo Other Eus�R* 1. SUBJECT: RESIGNATIOX OF COUNCILMOWR 1O1TT, 2 . SMRQU STATE UM: As set forth in. a 1�tter' to the Public Disclosure Commission dated June 15, 2001-14nd; sn unsigned fax to Council President Orr and the City Coupoil,, Ms. Sandy Amodt' has resigned from the Kent City Council effective June 30, 2001. t .i 3 . MIBITS: Letters E i 4 . RECORD BY: (Committee, Staff,, Examiner, CommissiQn, ' etc. ) 5 . UMUDG TED FISCAL/PERSQ L I +,CT: NOS YES 6 . EXPMMITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmembe 1r 4"t seconds to accept Ms. Sandy A odt 's resignation fr6m the Kent City Council effective June '30, 2001, and to mace the letters of resignation a part of the record. DISCUSSION• ACTION: Council Agenda ; � � Item No. 7A 07/01/2001 09:07 2538598102 AJI PAGE 01 To council member Orr and council I resign as of June 30", 2001 Sandy Armdt Vieux,Public Disclosure Commission Document Page 1 of 2 New Search I Search Results I Printer friendly page I Log Out In order to Print the document-you can: Download the document and print from a local application using the"download file"hyperlink OR Set all of your browsers margins to the minimum setting and remove any header or footer code,then Print the current Page using the Print hyperhr another page and print that one. To: Public Disclosure Conuiv*m' n Subject:Restgloatim Date WTMM June 15d',2001 Effective Jwe 30d`,2001,I Sandra Amo&resign from my Council scat position 2 and will not be runnier for re-election. I will be roving outside of the Kent city limits. Sinoerety, Sandy Amodt Council Member City of Kent ... /viewdoc new.asp?strAppName=PDC&nZoomPercent=100&nDocId=388116&nQRSeq=1&nCurre 7/3/2001 01 Council meGt31 g K, a JC ry1 y 7 1 . AGRICULTURAL LAM ,MORATORI' � � 1 R T�T�I�N t .r 2 . SMEM STATEMENT: !,The Land Use and Pl,*n44 ''Board is reviewing land use pol$cies related to, ag�t c ural lands with the zoning designations of Agricultural '(*�), .;W�,Agricultural General (AG) . During ,this review period, ,a,4 ;1J� ;possible that the City could receive applications fors di*iiions or short plats or other similar 'applications, ino1U `r36'1, rezones, that would significantly increase the number 'qtc -a,, and/or the density of the current agricultural lands: .fde e4ing the purpose of the agricultural land polici6,0 7 r fore, a moratorium is recommended for such land up '',� ,1ioations on agricultural lands deotgnated Agri cultur ;, ,� �-' J�_ and Agricultural General (AG) until additiona�,I tov*ew and analysis+ has been completed by the Land Use and i1J0U*ijhg, Board and the City Council . 3 . IBZTS: Resolution 4 4 . IE!;QM NDEn BY: Staff ' (Committee, Staff, Examiner, Commiesion et'c';. ) 1 5. MMMETED FISCAL/PER,QML IMPACT: NOS, , YES 6. ZXPMW1j RB REQUIRED SOURCE OF t = . ; r COUNCIL ACTI Cou.ncilmember moves, Councilmemb x seconder adoption which ee3tablkohes` a six-month moratorium on the acceptance of applicat,•jo's �,f 6r subdivisions or shot plats or othet",,similar applirati(51%o i ,including rezones, that would significantly increase the numbgr ' ' ; lots and/or density of agricultural lands. sf DISCUSSION: is Ir i n h Mi..i—r+�+in�R R ! I ACTION ' Council Agenda • Item No.. 7B RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to agricultural lands; imposing a moratorium on the acceptance of applications for any land use permit or approval for subdivisions, short plats, or any other similar application that increases the number of lots and/or density on property located within the currently zoned Al and AG agricultural lands, as identified in the zoning map of the City of Kent. WHEREAS, on November 6, 2000 and December 11, 2000, the City Council Planning Committee discussed the existing policies related to agricultural lands and on December 11, 2000, moved to direct staff to analyze the City's policies on property designated Agricultural (A-1) and Agricultural General (AG) on the Valley Floor; and WHEREAS, the Land Use and Planning Board is now considering these policies, including zoning and other issues related to agricultural lands with the zoning designations of Al and AG located within the City of Kent; and WHEREAS, there is a possibility that the City could, during this process, receive applications for subdivisions or short plats that would significantly increase the number of lots and/or the density of the current agricultural lands, defeating the purpose of the agricultural land policy; and WHEREAS, the City needs additional time to fully review and analyze the issue of agricultural lands and this zoning in a comprehensive fashion; and 1 Agricultural Land Moratorium WHEREAS, RCW 35A.63.220 authorizes cities to adopt moratoriums; • provided, a public hearing is held within sixty(60) days of adoption; and WHEREAS, the City Council finds that it is appropriate to impose a moratorium on a subdivision of land in the current agricultural lands until additional review and analysis has been completed by the Land Use and Planning Board and the City Council on the issue of agricultural lands within the City of Kent; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Recitals Incorporated. The recitals set forth in this resolution are hereby incorporated as if fully set forth herein. SECTION 2. Moratorium. Due to the findings set forth herein and as authorized pursuant to RCW 35A.63.220, the Kent City Council does hereby declare a moratorium upon the acceptance of applications for any land use permit or approval for subdivisions, short plats, or any other similar application (including rezones), that increases the number of lots and/or density on property located within the currently zoned agricultural lands as identified in the zoning maps, more fully set forth in Exhibit "A" attached hereto and incorporated herein by reference. This moratorium shall not apply to any application for a land use permit or approval which is completed and vested on the effective date of this moratorium. Additionally, this moratorium shall not apply to any other application for a land use permit or approval which is not for a subdivision, short plat, or other similar application, which increases the number of lots and/or density on property located within or proposed for inclusion as agricultural lands. Examples of the latter include, but are not limited to, a building permit application on an existing lot and a final plat application on an existing approved preliminary plat. SECTION 3. Duration. The moratorium established herein is established for a period of six months from the effective date of this resolution or until the effective 2 Agricultural Land Moratorium date of any ordinance relating to boundaries, zoning, additions to, and other issues governing agricultural lands, whichever is sooner, and during said moratorium, no application for any land use permit or approval shall be accepted for any subdivision, short plat, or similar application, including rezones, increasing the number of lots and/or the density on property located within or-proposed for inclusion as agricultural lands in the City of Kent. SECTION 4. Public Hearing. Pursuant to RCW 36.70A.390, the City Council shall hold a public hearing on this moratorium within sixty (60) days of its adoption. Immediately after the public hearing, the City Council shall adopt findings of fact on the subject of this moratorium, either justifying its continued position or cancel the moratorium. SECTION S. 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 6. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 7. 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 , 2001. CONCURRED in by the Mayor of the City of Kent this day of 92001. JIM WHITE, MAYOR 3 Agricultural Land Moratorium 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 , 2001. BRENDA JACOBER, CITY CLERK P\Ctvil\Resolution\AgnculturalLands-Moratonum doc 4 Agricultural Land Moratorium �vlll J. � �, ► 1 ��■ WA III I ■■i u r� ��nl�i 1111:� ' ��� • �lw..fie =:::-- got we I uuln!149 lei NEI ■ lit - e --..;.1•a:: :-...•�nun.., ,a:;,, :�� 1 uml 4 F + LIB s d tt Xent, City, Council Meeti., tee July 17. iQ ;i - Cat+sorh' Other Busi ss 1 . SUBJECT: 72ND AVENUE SOUTH PAVEMENT R9C9NSiTRIVCTION AND OVERLAY FUNDING 2 . SMOMY STATEMENT: As set forth in the memorandum of the Public Works Director, authorization is requested to transfer funds for the 72nd Avenue South Pavement, Rgconstruction project. This matter has not beef} considered by the Tublic Works Committee and due to time constraints it 0 being sent directly to the full Council for action. , E 3 . EXHIBITS: -Public Works Director memoran,4�m 4 . RECOHKMED BY: Public ;Works Committee (Committee, Staff, Examiner, Commission, 'atd. ) 5 . UN BUDGETED FISCAL/PEA L IMPACT: N4 _ YES ' 6. ENDITURE REOUIRED: SOURCE OF FONDS: 7. CITY COUNCIL ACTS: Councilmember moves, Councilmember ' seconds A7 authorizes the recommended budget transfe# ,at; funds, in accordance with the Public Works Director!,a ,n*morandum of July loth) for the construction of the 72nd AveAtie ,South Pavement Reconstruction project,., , DISCUSSION: ACTION: Counc i 1 Agenda { Item No. 7C COMMUNITY DEVELOPMENT Mike H. Martin, Deputy Chief Administrative Officer PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director Phone:253-856-5500 K E N T Fax: 253-856-6500 W A S H I N G T O N Address: 220 Fourth Avenue S. Kent,WA 98032-5895 Date: July 10, 2001 To: Public Works Committee From: Don Wickstrom, Public Works Director Subject: 72"d Ave S Pavement Reconstruction and Overlay Funding Bids were opened on this project on July 3`d with 5 bids received. The apparent low bid was received by Scarsella Bros. Inc for $768,768.68. With 10% for contingencies the estimated total construction budget is $845,644.68. 72"d Avenue presently extends from 180 St to just short of 196 St. This project not only completes the missing link but it also reconstructs a significant portion of the existing road due to its deteriorated condition. Once completed 72"d Avenue will provide a continuous and structurally sound route from 180`' St to 196"' St. Funding available for this project totals $535,500 which comes from a combination of the following funds: 72"d Ave (180`h-188t')-$110,500(R20); Asphalt Overlays- $225,000(R11) & 196`' Corridor(Middle leg)-$200,000. To fund the $310,000 short fall we are proposing to transfer into the Asphalt Overlay (R11) fund $150,000 from the Lincoln Ave (Smith to James) pavement rehab project (R44) fund and $160,000 from the 132"d/272"d Intersection Improvement project (R74) fund to the Asphalt Overlay(R11) fund. The $150,000 from the Lincoln Ave pavement rehab fund would in essence close out the fund. We are proposing to do so because the project is presently not ready to bid and to get it out for this construction season is not possible. Further we believe it is also under budgeted. Hence we want to use its monies this year for 72"d Ave and budget for it accordingly in the 2002 budget. Per the $160,000 from the 132"d Ave/272"d St intersection improvement project about $480,000 would still remain in the fund which is more than adequate to finish off the northwest corner as planned. It is the Public Works Department's recommendation that the budget transfers as noted herein be approved. Further it should also be noted that because it's the latter part of the construction season to award a project with the expectation that it could be opened for use prior to the winter rains, the above said budget transfers along with the contract award is on your Tuesdays Council agenda for action. MOTION: Recommend to full Council the budget transfers noted herein. 72ndAveFunding it'd Kea �, €�unpi1 Meeiti. g Dat `. s Gii»'^�ti Bi s 1 . SUBJECT: 72ND AVENU; SOUTH:PAVEMENT RRCOMf,MMC ON AND OVERLAY I 2 . MMAAY ITATMCM: s eThe bid opening ,f p :�tbio prOj eft was held on July 3rd with three bids received., � ..11 ',' low bid was submitted by Scarsella ';Brothers in the atot it��©f- $7,68, 768 .68. The Engineer's estimate was $916, 903.56. °'.� !s lic Works Director recommends awarding this contraci-Jtq;_Ac arsella Brothers. } 3 . IMIS119: Memorandum 4 . RECQOMED BY: Public ",, orks Director (Committee, Staff, Examiner, Commission •,1$t .. ) - r r 5. UNSUDGETED FISCAL/PERS "L IMPA=t NO,- YES r 6. EXPEWITURE REQUIRED: `$768, 768,,68 , SQpM=QF FUNDS: R20 '- .R11 R44 - -R74 7. CITY, COUNCIL ACTIOIa: r r Councilmember moves, Couneilmemb r seconds h , v that the 72nd Avenue, SOuth Pavement RecgAsi ;#'ion project be awarded to Scarsella Brothers for the bid, AMQ of $768, 768 .68, including,--,applicable tax. DISCUSSION: �`� mc, ACTION: �„ w l Council Agenda . Item No. 8A COMMUNITY DEVELOPMENT Mike H. Martin, Deputy Chief Administrative Officer PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director SI Phone:253-856-5500 K E N T Fax: 253-856-6500 W A 5 M IN G T O N Address: 220 Fourth Avenue S. Kent,WA 98032-5895 Date: July 10, 2001 To: Mayor Sz CityW, ublic ncil From: Don Wickstro Works Director Regarding: 72nd Avenue South Pavement Reconstruction Bid opening for this project was held on July 3`d with 4 bids received. The low bid was submitted by Scarsella Brothers in the amount of$768,768.68. The Engineer's estimate was $916,903.56. The Public Works Director recommends award of this project to Scarsella Brothers. Bid Summary Scarsella Brothers 768,768.68 R.W.Scott Construction 897,244.36 Gary Merlino Construction 957,022.60 Westwater Construction 1,201,458.64 Engineer's Estimate 916,903.56 MOTION: Councilmember moves, Councilmember seconds that the 72nd Avenue South Pavement Reconstruction project be awarded to Scarsella Brothers. BidleneMnd cc.Nancy J' ICxk,; '4,f Gun�il ,Meet 710 ' {, 1, SECT: LID 352, I$T, 3RD AND 5TH AV $TQRM DRAIN IMPROVHMEN-t$ 2 . S ARY 3TAT s he bid openini ,i ► �r } aproject was 1 held on July 3rd with bids received '- 46W' b,id was submitted by Scarsella "Brothers in the-A ;,tr�,�q' ' $ ., 124, 166.43 . The Engineer's estimate was $1,284,©63.04_`' 'me -Public` Works 5 ' Director recommends awarding this contr`; �%, tc az$+agree11a, Brothers. k c 3 . Memorandum ,'_ .a , 4 • RZ!gQXHZH= BY (Committee; Staff, miner, Commission , r 1 r h t 5 . YES,_,_, ,,,,_, ' 6 . EXPE10I RRQTIRED: ,124 1§J ,43 :{ � SOURCE OF FDNDS: 3.+3.0 7 • CITY froMIL ACJclol�: Councilmember moves, Councilme seconds 7, that ,the LID 352 - 1st,_' 3rd & 5th Avehue 3s ;5o�► Drain- Improvements project be awarded to Scarse� st Atoihers for the bid amount of $1, 124, 146.43, including ap, 'iL'cible tax. DISCUSSION: �� z 'ATION: F Counc i l Agenda ,'� Item No. 8B COMMUNITY DEVELOPMENT Mike H. Martin, Deputy Chief Administrative Officer PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director Phone:253-856-5500 K E N T Fax: 253-856-6500 WASHINGTON Address: 220 Fourth Avenue S Kent,WA 98032-5895 Date: July 10, 2001 To: Mayor& City cil From: Don Wickstrom, lic Works Director Regarding: LID 352 - 1st, 3rd, & 5d' Avenue S. Storm Drain Improvements Bid opening for this project was held on July 3rd with 13 bids received. The low bid was submitted by Scarsella Brothers in the amount of$1,124,166.43. The Engineer's estimate was $1,284,063.04. The Public Works Director recommends award of this project to Scarsella Brothers. Bid Summary Scarsella Brothers 1,124,166.43 Archer Construction 1,210,789.50 Mid-Mountain Contractors 1,222,283.68 Ceccanti, Inc. 1,237,214.85 Woodworth & Company 1,332,269.60 Tydico, Inc. 1,390,376.96 Laser Underground& Earthworks 1,446,159.81 Tri-State Construction, Inc. 1,465,061.63 C.A. Goodman Construction 1,472,950.72 D.D.J.Construction, Co. Inc. 1,482,484.32 Lloyd Enterprises, Inc. 1,525,702.36 Gary Merlino Construction 1,625,259.84 Goodfellow Brothers, Inc. 1,671,671.20 Engineer's Estimate 1,284,063.04 MOTION: Councilmember moves, Councilmember seconds that the LID 352 - Is`, 3rd & 5th Avenue South Storm Drain Improvements project be awarded to Scarsella Brothers. BidletterLID352 cc:Nancy - �It FLA r fta }. , '� 1, X 1. COUNCIL PRESIDEhTi� B. OPERATIONS COMMI 'EE ` C. • PUBLIC SAFETY COMMITTEE D. PUBLIC WORKS LiIG(;Q liar C:Ay E. PLANNING COMMI" F. PARKS COMMITTEE G. 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