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City Council Meeting - Council - Agenda - 01/02/2002
City of Kent City Council Meeting Agenda KENT WASHINGTON Mayor Jim White Councilmembers Leona Orr, Council President Tim Clark Bruce White Connie Epperly Judy Woods Julie Peterson RicoYingling January 2, 2002 Office of the City Clerk SUMMARY AGENDA KENT CITY COUNCIL MEETING KENT January 2 , 2002 WASHINGTON Council Chambers 7 : 00 p.m. MAYOR. Jim White COUNCILMEMBERS : Leona Orr, President Tim Clark Connie Epperly Julie Peterson Judy Woods Bruce White Rico Yingling 1 . CALL TO ORDER/FLAG SALUTE 2 . ROLL CALL 3 . CHANGES TO AGENDA A FROM COUNCIL, ADMINISTRATION, OR STAFF S . FROM THE PUBLIC 4 . PUBLIC COMMUNICATIONS A. Oath of Office B. Employee of the Month q 5 . PUBLIC HEARINGS �U1 A Agricultural Land Moratorium Renewal - Resolutionl� 6 CONSENT CALENDAR A. Minutes - Approval B . Bills - Approval C. Swan Court Division III Final Plat - Approval D. Kent Regional Justice Center Reappointment - Confirm 7 OTHER BUSINESS A. Northward Homes Rezone Ordinance B Election of Council President 8 . BIDS A Two Aid Vehicles 9 REPORTS FROM STANDING COMMITTEES AND STAFF 10 REPORTS FROM SPECIAL COMMITTEES 11 . CONTINUED COMMUNICATIONS 12 EXECUTIVE SESSION A. Labor Negotiations 13 . ADJOURNMENT 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 CITY COUNCIL MEETINGS WELCOME The Kent City Council meets on the first and third Tuesday of each month except December at 7 00 p m In December, the Kent City Council meets on the second Tuesday of the month at 7 00 p m The public is welcome and encouraged to participate in the meeting Meetings are televised on local cable television either live or tape delayed The following is a guide to insure that your participation is effective and timely 1 CALL TO ORDERIPLEDGE OF ALLEGIANCE 2 ROLL CALL 3 CHANGES TO THE AGENDA When the Mayor asks for changes to the agenda from the public, please give your name and address and the subject of your concern The Mayor, with the consent of the Council, will then determine whether or not this should be added to the agenda and if added, whether it should be added as an Other Business item (#7) or a Continued Communications item (#11), and will call upon you at the proper time 4 PUBLIC COMMUNICATIONS Presentations, proclamations, introductions, etc 5 PUBLIC HEARINGS When the Mayor asks for public comment, you should rise or raise your hand Upon being recognized, step to the lectern, give your name and address, and state the nature of your interest or concern Please speak into the microphone on the lectern All comments should be addressed to the chair(Mayor) 6 CONSENT CALENDAR The Consent Calendar is designed to expedite the business of the City Council These items have been previously discussed by the City Council and are considered so routine that passage is likely All items listed are passed in a single motion An item on the Consent Calendar may be removed from the Consent Calendar and considered separately upon request of a Councilmember 7 OTHER BUSINESS Other Business items may require discussion by the City Council prior to reaching a decision You may be given the opportunity to address the City Council on any item listed by following the same procedure as in Public Hearings If there is a great deal of public input on any item, the City Council may elect to set a public hearing for a future date 8 BIDS This part of the agenda is for the approval and award of contracts for the purchase of equipment or construction projects 9 REPORTS FROM STANDING COMMITTEES AND STAFF This section is for reports from the Council President, Chair of the City Council Committees or City staff 10. REPORTS FROM SPECIAL COMMITTEES This section is for reports from special committees 11 CONTINUED COMMUNICATIONS Items added to the agenda will be introduced at this time In order to better serve the public, please limit your comments to three minutes 12 EXECUTIVE SESSION When necessary, the Council may recess to an Executive Session These are closed sessions during which only certain subjects may be discussed, such as personnel matters, litigation concerns, and the sale or acquisition of property 13 ADJOURNMENT COUNCIL COMMITTEE MEETINGS Council Committees are composed of three Councilmembers The Committees meet regularly, and the Council is best able to address the concerns of constituents during these meetings Recommendations are then taken to the full Council, and action is taken at a City Council meeting • The five Council Committees are Operations, Parks, Planning, Public Safety and Public Works The Council also holds a workshop prior to each Council meeting. If you would like a schedule of Council Committee meetings, please call the Council Secretary at (253)856-5712, the City Clerk's Office at(253)856-5725, or Administration at(253)856-5721 a100 • CHANGES TO THE AGENDA Citizens wishing to address the Council will , at this time, make known the subject of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC r • • PUBLIC COMMUNICATIONS A) OATH OF OFFICE B) EMPLOYEE OF THE MONTH • • Kent City Council Meeting Date January 2 , 2002 Category Public Hearings 1 . SUBJECT: AGRICULTURAL LANDS MORATORIUM RENEWAL - RESOLUTION 2 . SUMMARY STATEMENT: January 2 , 2002 , has been set as the date for a public hearing regarding the renewal of Resolution Nos . 1599 and 1602 imposing a moratorium on the acceptance of applications for land use permits or approvals for subdivisions, short plats, or other similar applications, that would increase the number of lots and/or density on property located within Agricultural (A-1) and Agricultural General (AG) zoning designations until additional review had been completed and until any related code revisions have been adopted by the City Council . The current moratorium will expire on January 13 , 2002 . If renewed by this resolution, the moratorium will be extended for an additional six months . 3 . EXHIBITS : Resolution • 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc . ) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS • 7 . CITY COUNCIL ACTION: A. Councilmember QAV moves, Councilmember seconds to close the public hearing. B Councilmember b4a moves, Councilmember !iti seconds to pass Resolution No . 4K, adopting Findings of 'Pact-and RENEWING for 180 days the moratorium established pursuant to Resolution Nos . 1599 and 1602 relating to land use applications that would increase the lots or density on property located within A-1 and AG zones . DISCUSSION: - CLZ14 ACTION - Council Agenda Item No. 5A RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to agricultural lands, adopting findings of fact renewing 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 duect 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 real property with the zoning designations of Agricultural (Al) and Agricultural General (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 1 Agricultural Laud Moratorium Renewal WHEREAS, the City needs additional time to fully review and analyze the . issue of agricultural lands to a comprehensive fashion, and WHEREAS, RCW 35A 63 220 authorizes cities to adopt moratoriums, provided, a public hearing is held within sixty(60) days of adoption, and WHEREAS, on July 17, 2001, the City Council adopted Resolution 1599 imposing 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 Agricultural (A-1) and Agncultural General (.AG) zoning designations, as identified in the zoning map set forth in Exhibit "A" attached hereto and incorporated by this reference, and WHEREAS, RCW 35A 63 220 provides that a City adopting a moratorium shall adopt findings of fact immediately after the public hearing held within sixty(60) days of adoption of the moratorium, and WHEREAS, a public hearing was held on September d, 2001, before the City Council and Resolution 1602 was adopted continuing the moratorium until midnight January 13, 2002; and WHEREAS, staff is requesting a six (6) month renewal of the moratorium in order to allow staff sufficient time to continue gathering relevant information, complete a thorough analysis of the information, draft proposed code amendments, and present the code amendments to the Land Use and Planning Board and to the full City Council, and WHEREAS, pursuant to RCW 35A,63 220, a public hearing was held on January 2, 2002, to consider renewing the moratorium for a six (6) month period, and 2 Agricultural Laud Moralortu n Renewal presented, and WHEREAS, the City Council has considered all comments and materials WHEREAS, the City Council finds that the protection of the health, safety, and welfare supports renewing a moratorium on the acceptance of all applications 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 Agricultural (A-1) and Agricultural General (AG) zoning designations until additional review has been completed and any necessary code revisions have been adopted by the City Council, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS SECTION 1. Recitals Licorporaled The recitals set forth in this resolution and resolution 1599 and 1602 are hereby incorporated as if fully set forth herein and are hereby adopted as Findings of Fact SECTION 2. Renewal of Moratorium Based on the Findings of Fact adopted in Section 1, the City Council hereby determines that it is necessary for the moratorium enacted in Resolution 1599 and 1602 to be renewed for an additional ISO- day period Accordingly, the moratorium shall not expire until midnight on July 12, 2002, unless the moratorium is shortened or extended by action of the City Council or until the effective date of any ordinance establishing new regulations governing lands in the Agricultural (A-1) and Agricultural General (AG) zoning designations covered by tlus moratorium, whichever is sooner, and during said moratorium, no applications shall be accepted 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 Agricultural (A-1) and Agricultural General (AG) zoning designations, as identified in the zoning map set forth in Exhibit "A" attached hereto and incorporated by this reference 3 Agricultural Land Moratorium Renewal SECTION 3. Severability If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion_ of this resolution SECTION 4. Ratification Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed SECTION 5. Effective Date This resolution shall take effect and be in force immediately upon its passage PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of 2001 CONCURRED in by the Mayor of the City of Kent this day of 12001 JIM WHITE, MAYOR ATTEST BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM ROGER A LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No passed by the City Council of the City of Kent, Washington, the day of ,2001 BRENDA JACOBER, CITY CLERK p\Gml\Resolmwn\AgncWWralLands-MormorRencw doc 4 Agricultural Land Moratorium i Renewal /� 1 ��� • � � :■1� ,,, � � �� .� ,�.. ,� c,.� ��,�„_ -� � ■� �:�: � �►•SI'W ��� _. ��'� _ •� _ _y'1IB11111�� � ���( � 1. r :mi■ �� � �� -- �\ ,��`� �� 1 �� �.� � �a�l ��� ,: 1 ,J ��4 : W::� 'uun '� pp ,!, • � _ \ /ten n 4• ��� __Y )♦� �ti rW� ��� ����� �_�yi _ -lll� ' 'nYr!' ��.�C A �d� � � i � CONSENT CALENDAR 6 . City Council Action: Councilmember aw moves, Councilmember seconds to approve Consent Calendar Items A through . Discussion Action 6A Approval of Minutes . Approval of the minutes of the regular Council meeting of December 11 , 2001 and approval of the addition of the following after the second sentence of the second paragraph of Item 7B in the minutes of November 20, 2001 : BROTHERTON MOVED to accept the Findings, Conclusions and Recommendations of the Hearing Examiner on the 212th Retail Center rezone application, and to authorize the City Attorney to prepare the necessary ordinance . Woods seconded. 6B. Approval of Bills . • Approval of payment of the bills received through 12/15/01 and paid on 12/15/01 after auditing by the Operations Committee Approval of checks issued for vouchers Date Check Numbers Amount 12/15/01 Wire Transfers 1087 1094 $1, 109 , 661 29 12/15/01 Prepays & 526622 $1 , 765 , 332 40 12/15/01 Regulars 527325 $1, 292 , 364 55 $4, 167 , 358 24 Approval of checks issued for payroll for 11/16/01 through 11/30/01 and paid on 11/30/01 : Date Check Numbers Amount 11/30/01 Checks 256631 256991 $333 , 661 . 85 11/30/01 Advices 120643 121567 $1, 319, 873 . 39 $1, 653 , 535 24 Approval of checks issued for payroll for 12/01/01 through 12/15/01 and paid on 12/20/01 : 12/20/01 Checks 256992 257287 $272 , 872 . 50 12/20/01 Advices 121568 122241 $1, 091, 975 . 19 $1 , 364 , 847 69 Council Agenda Item No. 6 A-B Kent , Washington December 11 , 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, Orr, Peterson, Woods, and Yingling. Others present Chief Administrative Officer Martin, City Attorney Lubovich, Police Chief Crawford, Interim Fire Chief Hamilton, Public Works Director Wickstrom, Community Development Director Satterstrom, Finance Director Miller and Employee Services Director Viseth Approximately 200 people were at the meeting The flag salute was led by Girl Scouts from the South County Totem Girl Scout Council . The Mayor explained that Girl Scout Troops 663 and 3171 tied for the honor of being his guest for lunch at McDonald ' s by each collecting 900 non-perishable food items to be donated to those in need during this holiday season. He added that 2 , 768 items were collected in all by the Council CHANGES TO THE AGENDA Council President Orr added Other Business Item G regarding State of Washington Office of Community Development Direct Appropriation, accepting a grant and amending the budget At the request of Joe Rubio, Council member Yingling agreed to remove Consent Calendar Item OF, Lodging Tax Funding Allocation Continued Communications Item 11A, the Millennium Plaza Art Project Dedication, was added to the agenda at the request of Carol Voss PUBLIC COMMUNICATIONS Oath of Office. The City Clerk administered the Oath of Office to newly elected Council member Julie Peterson She was officially sworn in on November 21 , 2001 Employee of the Month. Mayor White announced that Christine McCann, Accounting Services Assistant III in Public Works Engineering, has been chosen as Employee of the Month for December He noted that Ms McCann exemplifies team spirit and has earned the respect and appreciation of her co-workers Public Works Director Wickstrom added his congratulations for a job well done 1 Kent City Council Minutes December 11, 2001 PUBLIC COMMUNICATIONS Introduction of Employees . The Mayor announced appointees to various Boards and Commissions as shown in Consent Calendar Items M through P, as well as Don Villeneuve to continue serving as a member of the Kent RJC Citizens Advisory Committee, introduced those in attendance, and thanked them for serving . Kent Historical Museum Update. Bud Battles thanked the Mayor and Council for their support and explained the history and purpose of the museum He outlined their long range plans and encouraged everyone to visit the museum. Proclamation - Tom Brotherton. Council President Orr read a proclamation commending Tom Brotherton on his contributions in various positions in the City and thanking him for his service . Brotherton accepted the proclamation and expressed his thanks . CONSENT CALENDAR ORR MOVED to approve Consent Calendar Items A through R, with the exception of Item F , Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 6A) Approval of Minutes APPROVAL of the minutes of the regular Council meeting of November 20 , 2001 BILLS OF SALE (CONSENT CALENDAR - ITEM 6H) Thompson Short Plat Bill of Sale . Accept the Bill of Sale for Thompson Short Plat submitted by Steve Thompson for continuous operation and maintenance of 110 feet of sanitary sewers, as recommended by the Public Works Director. Bonds are to he released after the one-year maintenance period This project is located at 22218 Military Road South. (CONSENT CALENDAR - ITEM 6I) Kingsley Pond Short Plat Bill of Sale. Accept the Bill of Sale for Kingsley Pond Short Plat submitted by Kingsley Pond, LLC for continuous operation and 2 Kent City Council Minutes December 11, 2001 BILLS OF SALE maintenance of 875 feet of street improvements and 608 feet of storm sewers, as recommended by the Public Works Director. Bonds are to be released after the one-year maintenance period. This project is located at 28311 144th Avenue Southeast SEWER (CONSENT CALENDAR - ITEM 6D) 2002 Metro Sewer Rate Increase . Adoption of Ordinance No 3578 passing the Metro Sewer rate increase and its associated utility tax directly onto City of Kent customers, as recommended by the Public Works Committee . TRAFFIC CONTROL (OTHER BUSINESS - ITEM 79) 228th Street Corridor Extension Project Alternatives Review. At the June 19, 2001, Council meeting, Council deferred this project and requested the Public Works Department to re-examine the alternatives Martin said the decision on this project has a great effect on growing the economy Public Works Director Wickstrem explained that Council had asked for additional information on the need for the project, alternatives, concurrency and Growth Management Act issues, funding, project utility, and the environmental impact . Tim LaPorte, Design Engineering Manager, explained the history of the project, showing slides of development of the area over the years He noted that this is part of a plan developed fifteen years ago, and added that there are currently 9 , 000 peak hour trips He said the Riverview complex, as well as The Lakes, was built assuming that the 228th Street corridor would exist LaPorte said the corridor is the last link in a plan to distribute traffic flow between 180th Street and 277th Street He also noted that the project allows a direct connection to the proposed State Route 509, which would provide a route from Seattle to Kent 3 Kent City Council Minutes December 11 , 2001 TRAFFIC CONTROL Chad Bieren, Project Manager, explained that eight alternatives were considered since June 19 . He said that they considered widening SR 516 , widening Meeker Street, and widening S . 212/Orillia Road, and that the five other alternatives were eliminated because they were too costly, environment impacts were too great, or they did not relieve traffic Bieren noted that Alternative A had been selected previously and was chosen again and urged the Council to select Alternative A, as it offers the best operational improvements to the valley transporta- tion system, while minimizing environmental impacts Steve Mullen, Traffic Engineer, explained the Growth Management Act and the implications this project has to it . He noted that the proposed project provides suffi- cient capacity for the foreseeable future He stated that Kent has secured obligations from developers to help pay for the arterial corridor in the amount of approxi- mately $14 , 000 , 000 , and that the funds do not carry over to any other alternative Wickstrom recommended proceeding with implementation of the 228th corridor He said it is key to complete the arterial system and that there is no funding for the other options Upon questions from Council members, staff noted that there would not be a cut-through traffic problem near the school, there will not be a loss of property values in The Lakes, and that the corridor would allow traffic from Seattle to get to Kent without going near Southcenter Val Ensor, 5207 S 232nd, presented a petition with 975 signatures in opposition to the corridor, and asked that if the Council approves the project that it concurrently approve full and adequate measures to mitigate any and all adverse effects created by the project . The follow- ing citizens also spoke in opposition to the corridor or Alternative A, relating to noise, air and sound pollu- tion, railroad crossings, grade separation projects , slopes, vibration from traffic, loss of property values, preservation of wildlife and wetlands, fumes, access, 4 Kent City Council Minutes December 11, 2001 TRAFFIC CONTROL lack of information regarding alternatives, lack of information on SR 509, quality of life, speed limits, construction timing and the safety of Kent residents : Jill Zubia 5801 SE 234th Place Debbie Beaver Federal Way Bonnie Gnecchi 5009 S . 233rd Place Mike Powers 23715 56th Place South Paul Chang 5813 S . 238th Court F6 Peter Heisen 5405 S . 236 Street Cintra Bodenhausen 23206 60th Place South Quenta Pollard 23104 50th Avenue South Chris Anderson 5422 S 236th Place Joe Heltzel 5109 S 232nd Street Chris Ensor 5207 S 232nd Street Mariko Hada 23326 53rd Avenue South Ron Perkowitz City of Seaz:tle Public Utilities Aldon Elrich 5422 S 236th Place Dave Robertson 233rd Place Donald Took 23604 55th Avenue South Mary Ann Hobson 53rd Avenue South Joe Rubio 3831 SE 248th Jim Brown Marina Pointe Ted Kogita 25227 Reith Road Ted Klovesyh 23228 59th Court South Wendy Werner 23108 50th Avenue Soutn The following citizens spoke in favor of the corridor, noting that property values will not be lowered, traffic problems will be solved, safety will be improved, and that no-protest LID covenants have been signed by everyone who has built in the area Pamela Martin Federal Way Cliff Ridgway Auburn Doug Cushen Auburn Jeff McCann 25870 Lake Fenwick Road Gary Young 11305 SE Kent Kangley Barbara Ivanov Chamber of Commerce Jim Storment 22020 41st Place South Gary Volchok 16400 Southcenter Parkway Dave Kumar 228th and 6th Avenue Mike Ellis 22105 41st Place South Joseph L Hada 228th & Russell Road 5 Kent City Council Minutes December 11 , 2001 TRAFFIC CONTROL Rich White Boeing, P.O. Box 3707 Seattle Elsa Pang 16601 Air Cargo Road LaPorte then responded to questions raised by the speakers and Council members , noting that it is the arterials which intersect interstates that cause congestion and that north-south capacity is the mission of the State He pointed out that the grade of the 228th corridor is not as steep as James Street , and that 228th will not be designated as a truck route, although it includes a third truck climbing lane He explained that it is impossible to build a high level bridge on Meeker Street, and said they cannot document a decline in pro- perty values on any arterial . He also explained that the first meeting on this project was held two years ago, that at least a half million dollars has been spent, and that a thorough study has been done which resulted in this proposal He clarified that Military Road would be improved to five lanes, and said this project stands alone with or without SR 509 . He predicted that the corridor would be complete in 2010 He said that funds are being sought to separate the railroads from the arterials Bieran explained that noise would be mitigated by a 35 mph speed limit and a 6-12 ' noise wall He confirmed that noise mitigation cannot take place in all areas , and that the city will do what they can to accommodate those property owners regarding noise and access He noted that wetlands can be mitigated for in Alternative A. Wickstrom confirmed that residents of The Lakes were notified of the EIS process and that when the compre- hensive plan was adopted in 1985, the issue was to try to retain quality of life throughout the community, not just in a specific area He pointed out that if 228th is put on hold, the State will not spend $50 , 000, 000 on the SR 509 diamond split interchange. He explained that grant funds cannot be diverted to other projects and that money would be lost. He noted that $13 , 000, 000 of the project would come from businesses and $1 , 000 , 000 would come from residents . He added that the amount for The Lakes and Riverview residents would be uniform 6 Kent City Council Minutes December 11, 2001 TRAFFIC CONTROL Mullen noted that cut-through traffic could be addressed through a neighborhood traffic control program He reiterated that it is not feasible to widen Meeker because a new bridge cannot be built there He noted that the traffic problem on Meeker will be helped by the 228th corridor. City Engineer Gary Gill noted that there is already both residential and industrial in the valley and explained that the city does not control the construction timing of private developers CLARK MOVED to approve the South 228th Street Corridor Extension pro] ect, to select Alternative A for the project, along with identified mitigation for this alternative as set forth in the EIS , and to direct the Public Works Department to proceed with design and implementation of the project, including additional design for noise control for further Council considera- tion. Woods seconded Clark thanked those in attendance and explained the road project process , including the Growth Management Act, funding, restrictions and safety factors He reiterated that this project has been coming for fifteen years , and that it has been worked on annually Orr noted that The Lakes would not exist if it weren ' t for this project , and that the impact has been planned for the past fifteen years . She added that residents bought the homes antici- pating that in a short period of time there would be improved access, making their homes even more desirable Brotherton stated that the city does not have to mitigate noise, but that it should, and that this project helps more people than it hurts Woods said it is painful to make decisions such as this , but that there are no other options . Clark ' s motion to approve the South 228th Street Corridor Extension project then carried Later in the meeting ORR MOVED to add the materials received tonight to the public record Woods seconded and the motion carried 7 Kent City Council Minutes December 11, 2001 ANNEXATION ZONING (OTHER BUSINESS - ITEM 7A) DeMarco Comprehensive Plan and Zoning Ordinance to Repeal . The proposed ordinance would repeal Ordinance No . 3572 , regarding comprehensive plan and zoning designations for the DeMarco Annexation area and revert to comprehensive plan designations of King County urban residential 4-12 units per acres , King County urban residential 12 plus units per acre, (SF-6) Single Family Residential , 6 units per acre, and a zoning designation of Single Family Residential (SR-2) City Attorney Lubovich distributed copies of a sub- stitute ordinance and explained that this action is part of an agreement to settle a pending lawsuit and Growth Management Hearing Board action filed by the petitioner He noted that the substitute ordinance adds language making it clear that the interim zoning measures will stay in place until Council adopts new zoning and compre- hensive plan designations for the DeMarco Annexation area He said the proposal is to send this issue back to the Land Use and Planning Board, who will deal with it in January and send it back to the City Council . BROTHERTON MOVED to adopt Ordinance No 3581 repealing Ordinance No 3572 regarding comprehensive plan and zoning designations for the DeMarco Annexation area and reverting to the previous King County Comprehensive Plan designations and a zoning designation of Single Family Residential , 2 units per acre Woods seconded Clark reiterated the reason for this action, and the motion then carried. BROTHERTON MOVED to direct the Land Use and Planning Board to establish recommended comprehensive plan and zoning designations for the DeMarco Annexation area pursuant to Kent City Code 15 09 . 055, and request that the Board begin the process before January 31, 2002 . Orr seconded and the motion carried REZONE (CONSENT CALENDAR - ITEM 6C) S . 212th Street Retail Center Rezone . Adoption of Ordinance No. 3577 relating to Land Use and Zoning, 8 Kent City Council Minutes December 11 , 2001 REZONE rezoning 12 . 9 acres of real property located at 9116 S . 212th Street from Professional and Office (0) to Neighborhood Convenience Commercial (NCC) zone . (S 212 Street Retail Center Rezone - RZ-2001-1 . ) PLAT (CONSENT CALENDAR - ITEM 6Q) Cottonwood Final Plat. Approval of the staff ' s recom- mendation of approval with conditions of the Cottonwood Final Subdivision and authorization for the Mayor to sign the final plat mylar This final plat application was submitted by JG Real Estate Group NW, LLC for the Cottonwood Final Subdivision #FSU-98-12 (KIVA #2012804) . The Hearing Examiner issued the Findings with conditions on the preliminary plat on May 5 , 1999 . CLAIMS AGAINST CITY (CONSENT CALENDAR - ITEM 6G) Claim For Damages Ordinance. Adoption of Ordinance No 3579 amending Kent City Code Section 2 97 . 010 to appoint the City Clerk as the agent to accept service of claims for damages and providing the address for the City Clerk during business hours . The State Legislature recently enacted new legislation which requires each local government to appoint an agent to accept service of claims for damages against that locality Each local government must record, with its county auditor, the identity and the location of the agent during business hours Chapter 2 97 of the Kent City Code pertains to the presentment , filing, and administration of claims for damages filed with the City This ordinance amends Section 2 . 97 010 of the Kent City Code to clarify that the City Council has appointed the City Clerk as the agent to receive claims for damages and provides the address where the City Clerk' s Office is located. The City Clerk will record this ordinance with the King County Auditor 9 Kent City Council Minutes December 11 , 2001 PARKS, RECREATION & COMMUNITY SERVICES (CONSENT CALENDAR - ITEM 6F) (REMOVED BY COUNCIL MEMBER YINGLING) Lodging Tax Funding Allocation. The Operations Committee and the Lodging Tax Advisory Committee have recommended approval to reallocate $85, 000 from the Performing Arts Center land debt to Riverbend Golf Course for land debt reduction payment ; to allocate $7 , 000 from 2001 Tourism Marketing Funds to support bids to host amateur softball championship tournaments in 2002 , and to enter into a $50 , 000 half year contract with the Kent Chamber of Commerce Lodging Association for marketing Kent to increase tourism, meetings, and overnight stays Joe Rubio, 3831 S . 248th, opined that the funds should go into the general fund. Bob O ' Brien, 1131 Seattle Street , voiced concern about the $50 , 000 half year contract and noted that many businesses would like to bid on it . He asked the Council to reconsider. The City Attorney explained that this is a special tax and it is limited to tourism functions and cannot go into the general fund. YINGLING MOVED to approve the Lodging Tax Funding Allocation Woods seconded Clark pointed out that part of the contract is to set up a web page which can be used to schedule tournaments and reserve rooms The motion then carried. (OTHER BUSINESS - ITEM 7G) State of Washington Office of Community Development Direct Appropriation. The Parks Director has recommended acceptance of the $250 , 000 direct appropriation from the State of Washington Office of Community Development, which is designated for the Clark Lake Park Acquisition budget Martin explained the issue and noted that this brings the total that the Parks Department has solicited in grant money for the Clark Lake pro]ect to $1 , 350 , 000 . WOODS MOVED to accept the $250, 000 State of Washington Office of Community Development direct appropriation and amend the Clark Lake Acquisition budget Orr seconded and the motion carried 10 Kent City Council Minutes December 11, 2001 POLICE (CONSENT CALENDAR - ITEM 6J) Law Enforcement Education Partnership (LEEP) Grant Amendment. Accept the Law Enforcement Education Partnership Grant amendment and amend the budget accordingly The State of Washington Department of Community, Trade and Economic Development (CTED) has amended the LEEP grant (7/1/01 to 6/30/02) by increasing the funds allocated by $2 , 967 . 00 (The original budget for this program was approved by Public Safety Committee on 8/14/01 and by City Council on 9/4/01 ) The revised total for LEEP grant contract #F01-67001052 is now $29 , 495 00 for the period of 7/1/01 to 6/30/03 The City ' s Matching Funds total remains unchanged at $92 , 346 . 00 (CONSENT CALENDAR - ITEM 6K) Kent Drinking Driver Countermeasure Program (Washington Traffic Safety Committee) Grant Amendment . Accept the Kent Drinking Driver Countermeasure Program Grant Amendment and amend the budget accordingly Washington Traffic Safety Commission (WTSC) has amended Pro]ect Agreement (Project 403ST-16) , by increasing the funds allocated for the biennium by the amount of $5 , 750 00 (The original budget for this program was approved by Public Safety Committee on 5/8/01 and by City Council on 7/3/01 ) The revised total for this program is now $65 , 750 00 for the two-year period of 7/1/01 to 6/30/03 (CONSENT CALENDAR - ITEM 6L) Valley Narcotics Enforcement Team (VNET) 2001-2002 Budget. Approve the Valley Narcotics Enforcement Team 2001-2002 Budget and establish budget documents, as required. The Valley Narcotics Enforcement Team (VNET) began with funding from the Federal Byrne Grant in 1988 The cities of Auburn, Kent , Renton, and Tukwila make up the member agencies , each contributing match funds and one detective . There is also one Washington State Patrol detective, a King County Prosecuting Attorney, and an officer manager to complete the unit 11 Kent City Council Minutes December 11, 2001 POLICE VNET ' s operating budget is managed by the City of Kent and is comprised to funds from the Byrne grant , match funds from the four above-mentioned cities, and monies seized or derived from completed VNET cases . Due to the Byrne Grant funds being administered by the State of Washington, funding follows the state ' s Budget Calendar of July 1, 2001 to June 30 , 2002 . FINANCE (OTHER BUSINESS - ITEM 7C) Future Tax Levy Capacity Protection. The Operations Committee recommended adoption of an ordinance to protect the Council ' s future right to levy the maximum allowable , to authorize a limit factor of 6% over last year ' s highest allowable levy. After 'Lubovich explained the ordinance, YINGLING MOVED to adopt Ordinance No . 3582 protecting the future right of the Council to levy the maximum amount by authorizing a limit factor of 6% over the last year' s highest allowable levy Woods seconded Yingling pointed out that the city has never used this right, but it is good to have . The motion then carried (OTHER BUSINESS - ITEM 7D) 2001 Tax Levy Increase for 2002 Budget Authorized. As part of the 2002 budget process, the City is required to adopt a tax levy increased ordinance Chief Administrative Officer Martin noted that several alterna- tives were considered responding to the limitations placed on the City by I-747 . He noted that the budget was balanced with a 1% increase over last year YINGLING MOVED to adopt Ordinance No 3583 authorizing the tax levy increase as outlined in Option One for the 2002 budget . Woods seconded Lubovzch noted that copies of the ordinance with option one have been provided to Council members. Yingling pointed out that the amount of the increase is $197 , 644 Clark stated that the budget already contains the use of reserves and that unless there is some increase in revenue next year, further significant budget shrinkage will take place . Discussion was held regarding drawing down the reserves , cutting costs , and increasing economic development rather than increasing property taxes . 12 Kent City Council Minutes December 11, 2001 FINANCE Joe Rubio commended the Council for choosing Option One The motion then carried. (OTHER BUSINESS - ITEM 7E) 2001 Tax Levy for 2002 Budget. The Operations Committee has recommended adoption of an ordinance establishing the actual tax levy in the amount of $21 , 275 , 464 for the General Fund levy, and $1, 775 , 000 for the Debt Service Funds for a total of $23 , 050 , 464 Lubovich clarified that the ordinance with option one will be used in order to be consistent with action just taken; therefore the numbers will be different . YINGLING MOVED to adopt Ordinance No 3584 establishing the regular property tax levy of $20 , 632 , 135 for the General Fund and $1 , 775 , 000 for the Debt Service Funds , for a total of $22 , 407 , 135 Woods seconded and the motion carried (OTHER BUSINESS - ITEM 7F) 2002 Budget Adoption. The Operations Committee has recommended adoption of the 2002 Budget . The budget is set forth in the Preliminary Budget document, plus the technical corrections approved at the December 4 , 2001, Operations Committee meeting, plus any property tax adjustments as approved by Council WOODS MOVED to make letters regarding the budget a part of the public record. Orr seconded and the motion carried. YINGLING MOVED to adopt Ordinance No 3585 adopting the final 2002 budget . Woods seconded Lubovich clarified that this includes figures as per Option One The motion carried. (CONSENT CALENDAR - ITEM 63) Approval of Bills Approval of payment of the bills received through November 15 and paid on November 15 after auditing by the Operations Committee on November 20 , 2001 13 Kent City Council Minutes December 11, 2001 FINANCE Approval of checks issued for vouchers : Date Check Numbers Amount 11/15/01 Wire Transfers 1071-1078 $ 989, 072 . 93 11/15/01 Prepays & 525316 2 , 831 , 504 25 11/15/01 Regular 525996 1, 233 , 895 . 99 $5, 054, 473 . 17 Approval of payment of the bills received through November 30 and paid on November 30 after auditing by the Operations Committee on December 4 , 2001 Approval of checks issued for vouchers Date Check Numbers Amount 11/30/01 Wire Transfers 1079-1086 $ 801 , 622 83 11/30/01 Prepays & 525997 4 , 717, 067 . 68 11/30/01 Regular 526621 2 , 429 , 897 . 37 $7 , 948 , 587 . B8 Approval of checks issued for payroll for November 1 through November 15 and paid on November 20 , 2001 . D. -� Check Numbers Amount 11/20/01 Checks 256319-256630 $ 272 , 387 . 10 11/20/01 Advices 119976-120642 1 , 092 , 093 92 $1, 364 , 481 02 (CONSENT CALENDAR - ITEM GE) Accounts Receivable Write-Offs for 1992 Through March 2001. Approval of the write-off for $62 , 112 . 02 for Miscellaneous Accounts Receivable, LIDS, Parks Department Receivables and Utility Billing Receivables, 1992 through March, 2001 past due accounts , as recommended by the Operations Committee at their November 20, 2001 meeting The State Auditor recommends that the City write off uncollectable accounts each year . Of this amount $48 , 979 . 86 is primarily for three utility accounts that declared bankruptcy and are deemed uncollectable 14 Kent City Council Minutes December 11, 2001 FINANCE (CONSENT CALENDAR - ITEM 6R) 2001 Budget Adjustment Ordinance 2nd Half . Adoption of Ordinance No 3580 for adDustments made between July 31, 2001 and December 31, 2001 totaling $7 , 345 , 870 , to approve short term loans in an amount not to exceed $200 , 000 to the housing and community development fund, and continuation of a three-year short term loan not to exceed $460 , 000 from the Equipment Rental Fund to the Riverbend Golf Complex with interest to be paid at the state pool rate, as recommended by the Operations Committee APPOINTMENTS (CONSENT CALENDAR - ITEM 6M) Kent Land Use and Planning Board Appointment and Re- appointments . Confirmation of the Mayor ' s appointment of Mr Les Thomas to serve as a member of the Kent Land Use and Planning Board Mr Thomas is a long-time Kent resident He was a business owner in Kent for many years and more recently has been involved in the political arena He served five years as a State Legislator and this past year as a King County Councilman While in Olympia, he was vice-chair of the Government Operations Committee where he helped write and re-write much of the Growth Management Laws which are on the books today Mr. Thomas will replace Brad Bell , who resigned from the Board effective 12/31/01 Mr Thomas ' new appointment will be in effect from 1/1/02 until 12/31/2004 Confirmation of the Mayor ' s re-appointment of Mr Ron Harmon and Mr Steve Dowell to continue serving as Land Use and Planning Board members Their new appointments will continue until 1/31/2004 (CONSENT CALENDAR - ITEM 6N) Kent Economic Development Corporation Board of Directors Re-appointment. Confirmation of the Mayor' s re- appointment of Mr Ron Banister to continue serving as a member of the Kent Economic Development Corporation Board of Directors Mr Banister ' s new term will continue until 12/31/2005 15 Kent City Council Minutes December 11 , 2001 APPOINTMENTS (CONSENT CALENDAR - ITEM 60) Kent Diversity Advisory Board Appointment. Confirmation of the Mayor ' s appointment of Mr. Ahmet Egal to serve as a member of the Kent Diversity Advisory Board. Mr. Egal has been a Kent resident for three years and is owner/ operator of Al-Mburak Grocery located on Railroad Avenue in Kent His business was formerly located in a shopping complex at Kent-Kangley and 132nd He is a member of "Green Somali Relief Development " Mr Egal will fill one of the newly created positions on the Diversity Advisory Board and his term will be in effect until 9/30/02 . (CONSENT CALENDAR - ITEM 6P) Kent Human Services Commission Appointment and Re- appointments . Confirmation of the Mayor ' s re- appointments of Edna White, John Jendresen and Melvin Tate to continue serving as members of the Kent Human Services Commission. Their new terms will continue until 1/1/05 Confirmation of the Mayor ' s appointment of Mike Heinisch, Executive Director of Kent Youth and Family Services , to serve as a Human Services Commission member Mr Heinisch will serve as the non-voting Agency Representative He will replace Ms . Dini Duclos , whose term expired, and his new term will continue until 1/1/04 REPORTS Council President. Orr announced that, due to the holiday, the first Council meeting in January will be held on Wednesday, January 2nd She expressed thanks to the staff and citizens, welcomed Julie Peterson, and commended Tom Brotherton Operations Committee . Yingling noted that the next meeting will be held on Tuesday, January 15 , and echoed Orr ' s comments . Public Safety Committee. Epperly commended Brotherton . and announced that the Ice Arena was dedicated today 16 Kent City Council Minutes December 11 , 2001 REPORTS Public Works Committee. Clark noted that the next meet- ing will be held on January 7th. He also acknowledged Brotherton' s service to the city Planning Committee. Clark noted that the next meeting will be on January 7th at 4 00 p m Parks Committee. Woods voiced appreciation for Brotherton ' s work on urban separators and many other issues as well . Administrative Reports . Martin reminded Council members of an executive session of less than ten minutes with no action anticipated CONTINUED COMMUNICATIONS Millennium Plaza Art Project Dedication. Carol Voss , 14610 SE 266th, invited everyone to the dedication of the Millineum Plaza Art Project at the Kent Commons on Saturday EXECUTIVE SESSION At 10 53 p m the :meeting recessed to Executive Session The meeting reconvened at 11 13 p m Mayor White welcomed Julie Peterson and said it has been a pleasure working with Tom Brotherton ADJOURNMENT ORR MOVED to adjourn at 11 14 p m Woods seconded and the motion carried i �cE Brenda Jacober, CIAC City Clerk i 17 Kent City Council Meeting Date January 2 , 2002 Category Consent Calendar 1 . SUBJECT: SWAN COURT III FINAL PLAT (FSU-98-14/KIVA #2013234) 2 . SUMMARY STATEMENT: Approval of the Hearing Examiner' s conditional approval of the Swan court III final Subdivision (#FSU-98-14/Kiva #2013234) and authorization for the Mayor to sign the final plat mylar. The final plat application was submitted by M.J.D. Holdings, Inc . for the Swan Court III Final Subdivision (#FSU-98-14/Kiva #2013234) . The Hearing Examiner issued his Findings, Conclusions, and Decision for conditional approval of the subdivision on March 15, 2000 . 3 . EXHIBITS : Memo with conditions and map • 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS . 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION- Council Agenda Item No. 6C COMMUNITY DEVELOPMENT Fred N Satterstrom, AICP, Community Development Director PLANNING SERVICES Charlene Anderson,AICP, Manager Phone 253-856-5454 KENT Fax 253-856-6454 1117 WASHINGTONAddress 220 Fourth Avenue S Kent,WA 98032-5895 DECEMBER20, 2001 TO MAYOR JIM WHITE, COUNCIL PRESIDENT LEONA ORR, AND CITY COUNCIL MEMBERS FROM CHARLENE ANDERSON, AICP, PLANNING MANAGER MEETING DATE JANUARY 2, 2002 SUBJECT SWAN COURT III FINAL PLAT(#FSU-98-14/Kiva 42013234) On March 15, 2000, the Hearing Examiner issued Findings, Conclusions and Decision of approval with conditions of the Swan Court Final Plat #FSU-98-14/Kiva 42013234 The applicant, M J F Holdings, Inc is subdividing 6 7 acres into 13 single family residential lots The property is located at 11405 SE 240`h Street The applicant has complied with the conditions required prior to recording Staff recommends the City Council approve the Swan Court Final Plat (#FSU-98-14/Kiva #2013234) with the attached conditions and authorize the Mayor to sign the mylar FNS/mIp/S \Permit\Plan\longplats\2001\2013234FSU9814CC doc Enclosure _ct,iun GRAPHIC SCALE 1 '� SCALE SEP 28 2001 0 50 100 50 SWAN COURT III FINAL- PLAT PORTIO IT CENTER tP� #FSU-98-14jKIVA#2013234 NE 1 /4 of NE 1/4, S 20, T 22 N, R 5 E, WM Monument in Case i0 TS ^tefseCt1w of " S E 240th Street 1131h SE to 240th of q SBB•4634E 76667 Monument in Case Northeast comer MB'4634E 89b3 Section 22 11020 Lot I 6Q472 90 FT Lot 1 SBB'4534E M 19 20' s 50' Driveway Easement for 1 lnnef,t of Lot 1 I ~ I 1 13524 1 ~ Lot 2Lot �r,^, $! 670M Sa Fr $ 1 I, .I 5®'4635E 13529 Lot 4 t4 R'Il 9 CD Lot 3 5755M SO FT 4 1 n SSB'4635E 1335 O ~• ca I 19 C C Lot 5 9 o $ n O 67m 70 SO FT ." m T7 Lot a C I 3b � C I `i n CID ° gl 6771�L 36 SO $FT "I �o Lot 5 5 u n Lot 7 !S o IP CD 6774A7 SO FT $ v I u J ti'd I � o P Lot 6 Lot B a JI I fifj922 50 F7 u 0Q i 5H3'1641F 12B 41 a'� ICI m RADIUS t31 Lot 9 © ± i 21, 25 00' B I 570252 50 FT 25' 25 00 m 65' 25 00' 1O 3B' 5150' I 8/ 4 24M 59 51 50' Lot 7 94 51 50' I Q �M12E I 00, 51 50' Lot 10 92, 64 50' b I 573326 S0 FT��j 92 64 50 ..I +l Q 0 Ke 4,V30➢0 0' A� 6' LateLot 11 m15M=FT Lae 12 7Lot 3 �I 5790.04 50 FT 75 so I r 51L0' 15 R°1h ww's M— Sih 5250 eet 2 of 2 Undeveloped SOB'4600E /m30 Vndevelo ed JOB No 98096FP SWAN COURT DIVISION 3 #SU-98-14 KIVA #9902533 ON MARCH 15, 2000, THE HEARING EXAMINER APPROVED THE ABOVE- MENTIONED PRELIMINARY PLAT WITH THE FOLLOWING CONDITIONS I MITIGATION OF THE IMPACTS OF THE SWAN COURT III SUBDIVISION (9SU-98-14) WILL REQUIRE THE FOLLOWING MEASURES A Prior to Recording the Subdivision 1 The Owner / Subdivider shall receive approval for engineering dra«rags from the Department of Public Works, and either construct or bond for the following a A gravity sanitary sewer system to serve all lots The sewer sy stem shall be extended from the existing public sanitary sewer system and shall be sized to serve all off-site properties within the same service area In addition, the sanitary sewer system shall be extended across the entire subdivision as needed to serve adjacent properties as determined by the public sewer agency The septic system serving the existing home(s) within the proposed subdivision - if any - shall be abandoned in accordance with King County Health Department Regulations b A water system meeting domestic and fire flow requirements for all lots within the subdivision The water system shall be extended from the existing public water sewer system and shall be sized to serve all off-site properties within the same service area In addition, the water system shall be extended across the entire subdivision as needed to serve adjacent properties as determined by the public water agency Existing wells — if any - shall be abandoned in accordance with the requirements of the Department of Ecology c Detailed Drainage Plans meeting the requirements of the City of Kent Construction Standards and published City of Kent Development Assistance Brochures related to stormwater management The storm drainage system shall include the extension to the easterly property line of this proposed plat of the city's storm drainage system, which lies near the southwesterly corner of the property Said extension shall be sized to service its Swan Court Division III 4FSU-98-14 KIVA#2013234 Project#9902533 respective service area as concurred to by the Public Works department (1) The Owner / Subdivider shall construct a detention / retention pond system in accordance with the Kent Construction Standards to mitigate for potential impacts to both stormwater runoff quantity and quality The detention / retention pond storage volume and release criteria shall be that for the HILL, the pre-development condition shall be assumed to be crass onlv unless otherwise determined by the Director of Public Works (2) An infiltration pond retention system is the preferred alternative for mitigation of stormwater impacts and this alternative shall be required unless proven unfeasible by the Owner / Subdivider in the submittal for the Detailed Drainage Plan (3) As development occurs within this subdr�ision, roof downspouts for each roofed stricture (house, garage, carport, etc ) shall be directed to Roof Downspout Infiltration Trenches, or Perforated Stubouts, meeting the requirements of the Department of Public works These roof downspout conveyance and infiltration systems shall include overflow pipes connected to an approved conveyance system The Detailed Drainage Plans will include an approved detail for the Roof Downspout Infiltration Trench, or Perforated Stubout, and �Nill provide for private stormwater stubouts to each lot for future connection firm the Roof Downspout Infiltration Trenches, or Perforated Stubouts The face of the recorded plat shall contain the following restriction AS A CONDITION OF BUILDING PERMIT ISSUANCE, RESIDENCES CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION TRENCH (PERFORATED STUBOUT) SYSTEMS PER DETAILS SHOWN ON THE APPROVED STORMWATER PLANS (4) The required downstream analysis for this development will include an analysis for capacity, erosion potential, and Page 2 Swan Court Division III #FSU-98-14 KIVA #2013234 Project #9902533 water quality from the point of discharge from the site downstream a distance of at least one quarter mile or to the point where stormwater discharges to the conveyance channel for Upper Garrison Creek constructed immediately South of the south terminus of 1121h Avenue Southeast, whichever distance is further Tlus downstream analysis shall meet the requirements of the City of Kent Construction Standards, and Development Assistance Brochure 45-4, Downstream Analyses d Landscape Plans for within and surrounding the retention / detention pond facility These plans shall meet the requirements of the City of Kent Construction Standards and City of Kent Development Assistance Brochure #5, Landscape Plans These plans shall be submitted to both the Planning Department and to the Department of Public Works for concurrent review and approval prior to, or in conjunction with, the approval of the Detailed Drainage Plans e An open-to-the-air public stormwater treatment system in accordance with the requirements of the Kent Construction Standards to mitigate for potential impacts to storrriwater runoff quality Acceptable stormwater treatment facilities meeting this requirement in their preferred order include infiltration after pretreatment, biofiltration swales, wet ponds, extended detention ponds, and created wetlands (1) The stormwater treatment system shall be within the approved retention/detention pond facility tract (2) Easements for brofiltration swales across private lots will not be acceptable to meet this requirement f A Detailed Grading Plan for the entire subdivision meeting the requirements of the City of Kent Construction Standards and City of Kent Development Assistance Brochui e #1-3, Excavation and Grading Permits & Grading Plans These plans shall include provisions for utilities, roadways, the retention / detention pond, stormwater treatment facilities, and a building footpad for each buildable lot within the subdivision These plans shall be designed to eliminate the need for processing several individual Grading Page 3 Swan Court Division III #FSU-98-14 KNA 92013234 Project 99902533 Permits upon application for Building Permits, phasing of grading on a lot-by-lot basis will not be considered g A Detailed Tree Plan meeting the requirements of Section 15 08 240 of the Kent City Code, and City of Kent Development Assistance Brochure #3, Detailed Tree Plans. h A Temporary Erosion / Sedimentation Control Plan (TESCP) for the entire subdivision meeting the requirements of the City of Kent Construction Standards, and which reflects the Detailed Grading Plan discussed above, and the Planning Department approved Detailed Tree Plan Components of the approved TESCP shall be in place on site and functioning prior to construction of other site improvements i If applicable, a Wetland Mitigation Plan meeting the requirements of the City of Kent Wetlands Management Code, and City of Kent Development Assistance Brochure # 10, Wetland Mitigation Plans 1 Street Improvement Plans for the subdivision street terminating with a cul-de-sac at its South terminus These Street Improvement Plans shall meet the requirements of the City of Kent Construction Standards and City of Kent Development Assistance Brochure #6- 2, Private and Public Street Improvements, for a street designated as a Residential Street having a minimum width of 28-feet k Street Light Plans for the subdivision street meeting the requirements of the City of Kent Construction Standards and City of Kent Development Assistance Brochure #6-1, Street Lighting Requirements Unless otherwise determined by the Director of Public Works, these Street Light Plans shall be prepared, installed, and maintained by the IntoLight Division of Puget Sound Energy, and the electnc bills for this street lighting system shall be billed to the Home Owner's Association created for this subdivision The Owner/Subdivider shall create a home ownership association for this subdivision whose liability and responsibility, among other things, shall be the operation and maintenance including paying all costs therefore of the street lighting system for this plat, The language of the document(s) creating said home ownership association shall be reviewed and approved by the Public Works Department and shall recorded on and run with the property in perpetuity Page 4 Swan Court Division III 4FSU-98-14 KIVA 92013234 Project#9902533 2 The Owner / Subdivider shall dedicate, or deed, all necessary public rights-of-way for the required improvements and provide all public and private easements necessary for the construction, operation and maintenance of the required improvements 3 The Applicant shall submit a Wetland Delineation Report to the Kent Department of Public Works for any on-site or off-site wetlands within approx 50 feet of the property boundary The contents of the Wetland Delineation Report shall generally conform to Kent's "Guidelines and Requirements for Wetland Delineation Reports and Wetland Mitigation Plans", and shall also meet the requirements of Kent's Construction Standards, the Kent Wetland Management Code, and the 1987 Army Corps of Engineers Wetlands Delineation Manual Any work within existing wetlands shall require an approved wetland mitigation plan 4 Any wetland and buffer areas shall be isolated from intrusion and/or disturbance using landscaping, or other appropriate screens, as well as an approved permanent wildlife-passable fence In addition, wetland signs approved by the Department of Public Works shall be placed at the wetland buffer edge to inform and educate owners and nearby residents about the value of wetlands 5 If applicable, the Owner / Subdivider shall permanently protect the approved and preserved, and / or enhanced, or created wetland(s) and it's buffer(s) by creating a separate Sensitive Area Tract and deeding the tract in fee simple to the City, OR by granting a Sensitive Area Easement to the City for the entire sensitive area in conformance to the requirements of the City of Kent Wetlands Management Code This Sensitive Area Tract or Easement shall be consistent with the wetland and wetland buffer map contained within the approved Wetland Delineation Report and / or approved Wetland Mitigation Plan as appropriate, unless otherwise approved The Owner/ Subdivider shall provide a legal description of said easement or tract prepared by a licensed land surveyor, prior to issuance of any construction permits The Sensitive Area Tract and the following language shall be included on the face of the recorded plat SENSITIVE AREA TRACTS /EASEMENTS DEDICATION OF A SENSITIVE AREA TRACT / EASEMENT CONVEYS TO THE PUBLIC A BENEFICI_AL INTEREST IN THE LAND WITHIN THE TRACT THIS INTEREST INCLUDES THE Page 5 Swan Court Division III 4FSU-98-14 KIVA#2013234 Project#9902533 PRESERVATION OF NATIVE VEGETATION FOR ALL PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND WELFARE, INCLUDING CONTROL OF SURFACE WATER AND EROSION, MAINTENANCE OF SLOPE STABILITY, VISUAL AND AURAL BUFFERING, AND PROTECTION OF WATER QUALITY, PLANT ECOLOGY AND WILDLIFE HABITAT THE SENSITIVE AREA TRACT / EASEMENT IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE LAND SUBJECT TO THE TRACT / EASEMENT THE OBLIGATION, ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF KENT, TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE TRACT THE VEGETATION WITHIN THE TRACT MAY NOT BE CUT, PRUNED, COVERED BY FILL, REMOVED OR DAMAGED WITHOUT APPROVAL IN WRITING FROM THE CITY OF KENT THE COMMON BOUNDARY BETWEEN THE TRACT / EASEMENT AND THE AREA OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE FLAGGED TO THE SATISFACTION OF THE CITY OF KENT PRIOR TO ANY CLEARING, GRADING, BUILDING CONSTRUCTION OR OTHER DEVELOPMENT ACTIVITY THE REQUIRED MARKING OR FLAGGING SHALL REMAIN IN PLACE UNTIL ALL DEVELOPMENT ACTIVITIES IN THE VICINITY OF THE SENSITIVE AREA TRACT ARE COMPLETED NO BUILDING FOUNDATIONS, STRUCTURES, FILL OR OBSTRUCTIONS (INCLUDING, BUT NOT LIMITED TO DECKS, PATIOS, OUTBUILDINGS AND OVERHANGS) ARE ALLOWED WITHIN 15 FEET OF THE SENSITIVE AREA TRACT / EASEMENT BOUNDARY, UNLESS OTHERWISE APPROVED BY THE CITY THE CITY OF KENT RESERVES THE RIGHT TO INSTALL PUBLIC UNDERGROUND UTILITIES WITHIN THIS SENSITIVE AREA TRACT, BUT IS REQUIRED TO RESTORE OR ENHANCE THE SENSITIVE AREAS DISTURBED UPON THE COMPLETION OF THE UNDERGROUND CONSTRUCTION 6 Lot 1 as shown on the preliminary plat drawing shall provide the minimum 50-feet of separation between the southwest PC on Southeast 240t'Street and the near edge of the driveway serving Lot I Page 6 Swan Court Division III #FSU-98-14 KIVA #2013234 Project#9902533 7 The face of the Plat shall carry the following Restriction DIRECT VEHICULAR ACCESS FROM LOT 1 TO AND FROM SOUTHEAST 240TH STREET, EXCEPT VIA 114TH PLACE SOUTHEAST IS PROHIBITED 8 Prior to release of any construction bonds from the Department of Public Works, the Owner/ Subdivider must submit and receive approval for As- Built Drawings meeting the requirements of the City of Kent Construction Standards and City of Kent Development Assistance Brochure 4A-6, As- Built Drawings, for the Streets, Street Lights, Water System, Sewer System, and on- and off-site Stormwater Management Facilities 9 The developer or applicant shall dedicate five (5) percent of the total property being developed as open space or pay a voluntary fee-in-lieu of dedication as set forth in Ordinance No 2975 10 Comply with all terms and conditions of the MDNS issued for this plat B PRIOR TO THE ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THE SWAN COURT III (SU 98-14), THE OWNER/ SUBDIVIDER SHALL 1 Pay the incremental financial obligation for that lot's fair share of the estimated construction costs of the City's South 272"d Street / South 277`' Street Corridor Project, as required by the DNS issued for ENV 99-55 2 Construct all the improvements required in Section A, above 3 Pay school impact fees as required under Chapter 12 13 of the Kent City Code Page 7 Kent City Council Meeting Date January 2 , 2002 Category Consent Calendar 1 . SUBJECT: KENT REGIONAL JUSTICE CENTER CITIZENS ADVISORY COMMITTEE RE-APPOINTMENT - CONFIRM 2 . SUMMARY STATEMENT: Confirmation of the Mayor' s re-appointment of Mr. Don Villeneuve to continue serving as a member of the Kent Regional Justice Center Citizens Advisory Committee. Mr Villeneuve ' s new term will continue until 2004 . i3 EXHIBITS: Memorandum 4 RECOMMENDED BY: Mayor White (Committee, Staff, Examiner, Commission, etc ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: • ACTION: Council Agenda Item No 6D • 4400 KENT VJAS HIHGTON MEMORANDUM TO LEONA ORR, CITY COUNCIL PRESIDENT CITY COUNCILMEM�BER)S FROM MAYOR JIM WHITr�i DATE DECEMER 10, 2001 ! SUBJECT REAPPOINTMENT TO THE KENT REGIONAL JUSTICE CENTER CITIZENS ADVISORY COMMITTEE I have reappointed Don Villeneuve to continue serving as a member of the Kent RJC Citizens Advisory Committee Mr Villeneuve's new term will continue until 12/31/2004 I submit this for your confirmation Ib Kent City Council Meeting Date January 2 , 2002 Category Other Business 1 . SUBJECT: NORTHWARD HOMES REZONE ORDINANCE #RZ-2001-2/KIVA 42012297 2 SUMMARY STATEMENT: This request by Patrick Gilroy of Northward Homes is to rezone approximately 6 . 7 acres of property from SR-3 , Single Family Residential, to SR-6, Single Family Residential . A public hearing was held before the Hearing Examiner on December 5 , 2001 and the Hearing Examiner recommended approval of the proposed application on December 19, 2001 . 3 . EXHIBITS : Staff Report and map; Findings and Recommendations, Ordinance • 4 . RECOMMENDED BY: Hearing Examiner (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT : NO YES 6 EXPENDITURE REQUIRED: $ SOURCE OF FUNDS 7 CITY COUNCIL ACTION: Councilmember (J ,6 moves, Councilmember_& seconds DISCUSSION: ACTION: To accept/rejlrc the Findings, Conclusions, and Recommendation of the Hearing Examiner on the Northward Homes Rezone (4RZ-2001-2/Kiva #2012297) , and to adopt Ordinance No . 3580 Council Agenda Item No . 7A C, COMMUNITY DEVELOPMENT Fred N Satterstrom, Community Dev Director PLANNING SERVICES Charlene Anderson, AICP, Manager Phone 253-856-5454 Fax 253-856-6454 KENT w.s� a c.o Address 220 Fourth Avenue 5 Kent, WA 98032-5895 KENT PLANNING SERVICES (206) 856-5454 STAFF REPORT FOR HEARING EXAMINER MEETING OF December 5, 2001 FILE NO Northward Homes Rezone #RZ-2001-2 KIVA #2012297 APPLICANT Mr Patrick Gilroy Northward Homes 1560 140th Avenue NE, Suite #100 Bellevue, WA 98005 Mr Aaron Meilleur DBM Consulting Engineers 502 16`h Street NE Suite #312 Auburn, WA 98002 REQUEST: A Zoning Map Amendment (Rezone) for two existing tax parcels from SR-3 Single Family residential to SR-6 Single Family Residential The properties are located at 27842 132nd Avenue SE and consist of approximately 6 7 acres STAFF REPRESENTATIVE Chris Hankins, Planner STAFF RECOMMENDATION APPROVAL Staff Report Northward Homes #RZ-2001-2 KIVA#2012297 1 GENERAL INFORMATION A Description of the Proposal The applicant is requesting a Zoning Map Amendment (Rezone) for two existing tax parcels from SR-3 Single Family residential to SR-6 Single Family Residential Wetlands and a stream encumber the northeast portion of the site B Location The properties are located at 27842 132nd Avenue SE and are identified as King County Tax Parcels #3422059017 and 3422059149 C Size of Property The subject properties consist of approximately 6 7 acres D. Zoning The property is currently zoned SR-3 Single Family Residential Properties to the north and south are currently zoned SR-3 Single Family Residential Properties to the west across 132nd Avenue SE are zoned SR-4 5 Single Family Residential E Land Use The subject property is currently developed with a single-family residence The City of Kent Comprehensive Plan designates the property SF-6 Single Family Residential The proposed rezone from SF-3 Single Family Residential to SF-6 Single Family Residential is consistent with the City's Comprehensive Plan Properties to the west are also designated SF-6 Single Family Residential Properties to the north, south, and east are designated SF-3 Single Family Residential F History The property is part of 338 acres annexed to the City of Kent on January 1, 1996 under Ordinance No 3241 Page 2 Staff Report Northward Homes #RZ-2001-2 KIVA #2012297 II ENVIRONMENTAL CONSIDERATIONS A Environmental Assessment Amending the City's zoning map is considered a "non-project" action under the State Environmental Policy Act (SEPA) As the lead agency, and pursuant to WAC 197-11-630, the City of Kent adopted an existing Environmental Document, (ENV-99-48-G) issued November 24, 1999 for this proposed rezone application This environmental document addressed the impacts of a Comprehensive Plan Map Amendment for the subject property The City of Kent Responsible SEPA Official determined this existing SEPA document adequately addresses the potential environmental impacts of this proposed rezone and the proposed rezone does not warrant additional environmental review Subsequent development proposals for the proposed property will require environmental review in conjunction with construction permits, subdivision, and other appropriate project permit applications B Significant Physical Features Topography, Wetlands and Vegetation The property is relatively flat with slopes generally between 4 and 8 percent The vegetation on site consists of brush, grasses, deciduous, and evergreen trees The soils are characterized by Alderwood series soil consisting of gravelly sandy loam There are no indications or history of unstable sods in the immediate vicinity According to the City's wetlands inventory, and a preliminary wetland assessment prepared by Alder NW dated June 25, 2001 the subject property is encumbered by wetlands and a Class 2 stream known as Soosette Creek Soosette Creek is a tributary to Big Soos Creek, and is a salmonid bearing stream Because the proposed rezone does not contemplate development at this time, there are no impacts on existing water resources Any subsequent development on the property would be subject to the stream and wetland area requirements outlined in Chapters 15 08 and 11 05 of the Kent City Code Also required will be approval of detailed drainage plans, a stormwater retention/detention pond facility, a wetland delineation report, and wetland mitigation plan A separate Sensitive Area Tract will need to be deeded in fee simple to the City, or grant a Sensitive Area Easement to the City for the entire sensitive area Page 3 Staff Report Northward Homes #RZ-2001-2 KIVA#2012297 C Significant Social Features 1 Street System The site is located along 132Id Avenue SE, south of SE 278'h Street Upon future development of the property, road and street frontage improvements to meet City of Kent roadway standards will be required as conditions of approval These improvements include but are not limited to curb, gutter, sidewalks, planting strips, street lighting, paving, necessary street improvements, and public stormwater conveyance The proposed rezone appears to have no impact on the transportation system at this time However, upon development of the subject property, this proposed rezone could potentially result in the creation of 21 more PM Peak Hour Trips upon the City's street system than would be generated under the existing zoning designation based on the maximum densities allowed 2 Water System The subject property is served by King County Water District #111 and is currently available 3 Sanitary Sewer System The subject property is served by the City of Kent Sanitary Sewer Service, and is currently available 4 Stormwater System A stormwater system will be necessary to accommodate any subsequent development The developer will be required to construct a stormwater treatment system in accordance with Kent Construction Standards in conjunction with a development proposal III CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application City Administrator City Attorney Director of Public Works Chief of Police Page 4 Staff Report Northward Homes #RZ-2001-2 KIVA#2012297 Parks & Recreation Director Fire Chief Building Official City Clerk King County Env Health Kent School District Washington State DOT Washington State DOE Puget Sound Energy Water District #111 Qwest In addition to the above, all persons owning property which lies within 300 feet of the site were notified of the application and of the public hearing Staff comments have been incorporated in the staff report where applicable IV PLANNING DEPARTMENT REVIEW A Comprehensive Plan In 1995, the Kent City Council adopted the Kent Comprehensive Plan, which represented a complete revision to the City's 1977 comprehensive plan The 1995 plan was prepared under the provisions of the Washington State Growth Management Act The Comprehensive Plan, through its goals and policies, presents a clear expression of the City's vision of growth for citizens, the development community, and other public agencies The plan is used by the Mayor, City Council, Land Use and Planning Board, Hearing Examiner, and City departments to guide decisions on amendments to the City's zoning code and other development regulations, which must be consistent with the plan, and also guide decisions regarding the funding and location of capital improvement projects LAND USE ELEMENT The Land Use Element of the plan contains a Land Use Plan Map, which designates the type and intensity of land uses throughout the city, as well as in the entire potential annexation area The Land Use Plan Map designates the subject property as SF-6 Single Family Residential which allows up to six units per acre The land use element also contains goals and policies relating to the location, density, and design of future development in the City and in the Potential Annexation Area Page 5 Staff Report Northward Homes #RZ-2001-2 KIVA #2012297 Overall Goal Encourage a future growth and development pattern which implements the community's vision, protects environmentally sensitive areas, and enhances the quality of life of all of Kent's residents Goal LU-8 The City of Kent adopts a 20-year housing target of 7,500 new dwelling units within the existing city limits Coordinate with King County through an interlocal agreement on housing targets in the unincorporated area within Kent's Potential Annexation Area Policy LU-8 1 Provide in the land use plan adequate land and densities to accommodate both city and county housing targets within the Potential Annexation Area Average net residential densities throughout the Potential Annexation Area should be at least four units per acre in order to adequately support urban services Policy LU-8 3 Locate housing opportunities within close proximity to employment, shopping, transit, and human and community services Goal LU-9 Provide opportunities for a variety of housing types, options, and densities throughout the city and the Potential Annexation Area Polite LU-9 4 Allow single-family housing on a variety of lot sizes, including 5,000 square foot lots Locate smaller lot sizes within close proximity to the urban activity centers Planning Services Comment The proposed rezone is supported by relevant goals and policies contained within the Land Use Element of the Comprehensive Plan The proposed location is easily and well served by existing urban services, and is conveniently located in proximity to urban activity centers along Kent Kangley Road Also, as noted elsewhere in this report, the proposed rezone is consistent with the Land Use Plan Map, which allows up to 6 dwelling units per acre Page 6 Staff Report Northward Homes #RZ-2001-2 KIVA#2012297 HOUSING ELEMENT The primary goal of the housing element is to meet the current and future need for housing in the Kent area Overall Goal Ensure opportunities for affordable housing and an appropriate living environment for Kent Citizens Goal H-1 Promote healthy neighborhoods by providing a wide range of housing options throughout the community that are accessible to community and human services, employment opportunities, and transportation and by being sensitive to the environmental impacts of the development Policy H-1 1 Ensure that community and human services, including, but not limited to, fire, police, library facilities, medical services, neighborhood shopping, child care, food banks, and recycling facilities, are easily accessible to neighborhood residents Planning Department Comment The proposed rezone is supported by relevant goals and policies contained within the Housing Element of the Comprehensive Plan Appropriate services, including, but not limited to, fire, police, library facilities, medical services, neighborhood shopping, child care, food banks, and recycling facilities, are easily accessible to neighborhood residents upon development of the subject property NATURAL RESOURCES GOALS AND POLICIES Goal LU-20 Protect and enhance environmentally sensitive areas via the adoption of the City regulations and programs which encourage well-designed land use patterns such as clustering and planned unit development Use such land use patterns to concentrate higher urban land use densities and intensity of uses in specified areas in order to preserve natural features such as large wetlands, streams, steep slopes, and forests Goal LU-22 Ensure that the City's environmental policies and regulations comply with state and federal environmental protection regulations regarding air and water quality, noise and wildlife Page 7 Staff Report Northward Homes • #RZ-2001-2 KIVA#2012297 and fisheries resources and habitat protection Demonstrate support for environmental quality in land use plans, development regulations, and site plan review to ensure that local land use management is consistent with the City's overall natural resource goals Planning Department Comment- The proposed rezone is supported by relevant goals and policies contained within the Natural Resources Section of the Comprehensive Plan The property is encumbered by significant environmental features including wetlands, and a Class 2 stream known as Soosette Creek Any subsequent development on the property would be subject to the stream and wetland area requirements outlined in Chapters 15 08 and 11 05 of the Kent City Code which implement the above listed Comprehensive Plan goals Future development of the site will include wetland and stream buffer areas which preserve the natural features of the site and limit the overall density of the site if developed under the higher density SR 6 Zone TRANSPORTATION ELEMENT Goal TR-1 Coordinate land use and transportation planning to meet the needs of the City and the requirements of the Growth Management Act. Policy TR-1 2 Coordinate new commercial and residential development in Kent with transportation projects to improve affected roadways Policy TR-1 5 Ensure consistency between land use and transportation plans so that land use and adjacent transportation facilities are compatible Planning Department Comment The Growth Management Act requires consistency between land use and transportation planning As noted, the Land Use Plan identifies the area of the rezone as SF 6 Single Family Residential The Public Works Department will identiry specific improvements, which will be necessary on 132"d Avenue SE to serve future development of the property and accommodate the higher density permitted under this rezone These Page 8 Staff Report Northward Homes #RZ-2001-2 KIVA#2012297 improvements will be addressed in the SEPA submitted with the specific project that is proposed for the site B Standards and Criteria for a Rezone Request The following standards and criteria (Kent Zoning Code, Section 15 09 050) are used by the Hearing Examiner and City Council to evaluate a request for a rezone Such an amendment shall only be granted if the City Council determines that the request is consistent with these standards and criteria 1 The proposed rezone is consistent with the Comprehensive Plan Planning Department Comment The Comprehensive Plan Land Use Plan Map designates the subject property as SF 6 Single Family Residential, allowing densities up to 6 units per acre Rezoning the site to from SR 3 Single Family Residential to SR 6 Single Family Residential will allow residential development up to 6 units per acre which is also allowed under the Comprehensive Plan As mentioned previously, the proposed rezone is also consistent with the applicable goals and policies in the Comprehensive Plan 2 The proposed rezone and subsequent development of the site would be compatible with development rn the vicinity Planning Department Comment Land Uses adjacent to the site are predominantly single family residential The property abuts an area designated SF 6 Single Family Residential to the west Urban services are either available or can be extended to adequately serve future development of the site at the higher density allowed by the SR-6 Zoning District Subsequent development will require additional improvements to the street system There have been several recent requests to change land use designations in the area from SF 3 to SF 6 Single Family Residential 3 The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated Page 9 Staff Report Northward Homes • #RZ-2001-2 KIVA #2012297 Planning Department Comment The traffic generated by the rezone of this property to SR-6 Single Family Residential will not generate added trips to the existing transportation system However, subsequent development may add trips depending on the type of development proposed which will be addressed during development application submittal As stated previously, upon future development of the site, road and street frontage improvements to meet City of Kent roadway standards will be required as conditions of approval These improvements include but are not limited to curb, gutter, sidewalks, planting strips, street lighting, paving, necessary street improvements, and public stormwater conveyance Further, the applicant will be required to participate in other designated City transportation improvement projects by providing an environmental mitigation fee for the impacts created by development 4 Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone Planning Department Comment At the time this site was annexed in 1996 it was determined by the City this area was characterized by large vacant or low density residential development surrounding by moderate density single-family residential Further, the area surrounding Soosette Creek was characterized as containing significant environmental features Therefore, in accordance with the existing character of the area the site was designated SF 3 Single Family Residential under the Comprehensive Plan, and the zoning was established as SR-3 Single Family Residential, which was consistent with the Comprehensive Plan Since that time, there have been several Comprehensive Plan Amendments and Rezones in the area approved by the City of Kent including the Comprehensive Plan designation for this site to SF 6 Single Family Residential One of the consistent arguments property owners have stated in applications to change land use and zoning designation has been that lower density development is not feasible due to the high cost of providing urban services such as roads and other infrastructure improvements to serve newly platted areas In 1990, the Washington State Legislature adopted the Growth Management Act (GMA) In 1995, the Kent City Council adopted the City's new Comprehensive Plan, completed under the requirements of the Page 10 Staff Report Northward Homes #RZ-2001-2 KIVA#2012297 GMA Along with the Land Use Plan Map and Policies, the plan also contains a target for the number of new household the City must accommodate for the twenty-year time horizon of the plan The GMA also states the City's development regulations must implement, and be consistent with the Comprehensive Plan Higher density single family development with smaller lot sizes while recognizing significant environmental features is consistent with the goals and policies of the Comprehensive Plan 5 The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent Planning Department Comment The proposed rezone is consistent with the intent of the Comprehensive Plan Subsequent development on the site will have to meet applicable codes and regulations, including mitigation of anticipated environmental impacts Therefore, the rezone proposal will not adversely affect the health, safety and general welfare of the citizens of the City of Kent V CITY STAFF RECOMMENDATION Upon review of the merits of this request and the Code criteria for granting a rezone, the City staff recommends APPROVAL without conditions of the Northward Homes Rezone request KENT PLANNING DEPARTMENT November 27, 2001 CH1ch1S \Permit\Planlrezone120 0112 01 22 97-2001-2report doc Page 11 SE 2 ah St SE 264th St '' SE 263rd Si S m w �sSt Q �� h5'` SE 268th ` r �s d �9/ey'Qa SE 270th St •� L � rd SE I72nd St `� S�E2 2nd St" N � SE 74hS i E 75th PI SE 274 1 SE 278t i i K SITE LOCATION 2841h St SE 28 nd St SE2 3rzi Pi APPLICATION NAME NORTHWARD HOMES REQUEST #RZ-2001-2 KIVA #2012297 VICINITY MAP North • KENT OFFICE OF THE LAND USE HEARING EXAMINER W.SH(KaraK Theodore P Hunter Hearing Examiner COMMUNITY FINDINGS, CONCLUSIONS AND RECOMMENDATION DEVELOPMENT Fred N Satterstrom,AICP Acting Director FILE NO NORTHWARD HOMES #RZ-2001-2 KIVA #2012297 PLANNING SERVICES Charlene Anderson,AICP APPLICANT Northward Homes (Patrick Gilroy) and Acting Manager DBM Consulting Engineers (Aaron Meilleur) Marling Address 220 Fourth Ave s REQUEST A request to rezone 6 7 acres from SR-3, Single Kent, WA98032-5895 Family Residential (3 dwelling units per acre) to Location Address, SR-6, Single Family Residential (6 dwelling units 400 West Gowe per acre) - Kent, WA 98032 Phone 253-856-5454 LOCATION The property is located at 27842 132nd Avenue Fax 253-856-6454 SE APPLICATION FILED July 12, 2001 DETERMINATION OF NONSIGNIFICANCE ISSUED November 15, 2001 MEETING DATE December 5, 2001 RECOMMENDATION ISSUED December 19, 2001 RECOMMENDATION APPROVED STAFF REPRESENTATIVE Kim Marousek, Planning Services Chris Hankins, Planning Services PUBLIC TESTIMONY Aaron Meilleur, applicant Other Eugene Garot EXHIBITS 1, Hearing Examiner file containing, Mitigated Determination of Nonsignificance, Notice of Public Hearing, application and staff report Findings 1 Patrick Gilroy or _=half of Northward Homes (Applicant) requested a Zoning Map Amendment to change the zoning on two tax parcels from SR-3 Single Family residential to SR-6 Single Family residential, The subject property, located at 27842 — 132nd Avenue SE, is approximately 6 7 acres in area 1 Exhibit 1, Staff Report, page 1, Exhibit 1, Attachment a 2 The subject property is fairly flat with slopes between 4 and 8 percent Site vegetation includes brush, grasses, and deciduous and evergreen trees The soil is gravelly sandy loam. The City wetland inventory and preliminary wetland assessment dated June 25, 2001 list the property as bearing a Class 2 saimonid bearing stream known as Soosette Creek. Development of the property would be subject to the stream and wetland area requirements of the Kent City Code Exhibit 1, Staff Report, page 3 3. The subject property has a comprehensive plan land use map designation of SR- 6 and is zoned SR-3. Exhibit 1, Staff Report, page 2 4 This is a non-protect rezone Testimony of Mr Hankins The Applicant does not propose a development at this time Subsequent development on the site would have to satisfy applicable codes and regulations as well as mitigate anticipated environmental impacts Exhibit 1, Staff Report, page 3, 5 The rezone would not generate additional traffic After development, the proposed rezone could potentially result in the creation of 21 more PM Peak Hour Trips than would be generated under the existing zoning designation based on the maximum allowable density Exhibit 1, Staff Report, page 4. 6 The subject property is bordered to the north by a SR-3 Single-Family Residential zoning district. Exhibit 1, Staff Report, page 2, Exhibit 1, Attachment a To the east of the subject property, properties are zoned SR-6 Single-Family The legal description for parcel A of the subject property is the North 135 feet of the west 265 feet of the south 10 acres of the southwest quarter of the northwest quarter of section 34, township 22 north, range 5 east, W M , in King County, Washington, except the west 30 feet thereof for road The legal description for parcel B of the subject property is lot 1 of King County short plat no 678162, according to plat recorded April 26, 1997 under recording no 7904260841, said short plat being a subdivision southwest quarter of the northwest quarter of section 34, township 22 north, except the west 25 feet of the north 135 feet as conveyed by instrument recorded under recording no 8805090251, also known as lot 8 of King County lot line adjustment no 8907023 recorded under recording no 8912260848 Exhibit 1 Hearing Examiner Findings and Recommendation Northward Homes #RZ-2001-2 KIVA#2012297 Page 2 Residential 2 Exhibit 1, Attachment a Properties zoned SR-3 and 280th Street SE border the subject property to the south Properties zoned SR-4 5 and 132Id Avenue SE border the subject property to the west Exhibit 1, Attachment a, Exhibit 1, Staff Report, page 2 7 The demand for affordable housing in the area has increased, as has the amount of development in the immediate vicinity Exhibit 1, Attachment a The Kent Comprehensive Plan Land Use Element encourages a future growth and development pattern which implements the community's vision, protects environmentally sensitive areas, and enhances the quality of life of all of Kent's residents Goal LU-8 and associated Policy LU-81 of the Plan encourage development of 7,500 new dwelling units within the existing City limits over 20 years, and provide that average net residential densities throughout the Potential Annexation Area should be at least four units per acre Policy LU-9 4 urges that single-family housing be allowed on a variety of lot sizes, including 5,000 square foot lots, and that smaller lot sizes should be located within close proximity to urban activity centers Exhibit 1, Staff Report, pages 5 & 6 8 The City issued a mitigated determination of nonsignificance (MDNS) on November 15, 2001 The City determined that an existing environmental document, ENV-99-48-G- adequately addressed the potential environmental impacts of the proposed rezone and no additional environmental review was warranted The City also determined that the proposal would not have a probable significant adverse environmental impact The City imposed mitigating conditions from ENV-99-48-G related to the requirement that each site have site- specific and project-specific conditions at the time of development application review and that developments generating more PM peak hour trips than would have been allowed under the previous zoning would have to pay fees for each additional PM peak hour trip Exhibit 1, Attachment e 9 The City Planning Staff recommended approval without conditions Exhibit 1, Staff Report, page 11 10 The City Planning Staff stated that the City received a comment letter on November 30, 2001 The letter expressed concern about stormwater runoff The City would address stormwater runoff at the time of a proposed development Exhibit 1, Attachment b, Public Comment, Testimony of Mr Hankins 2 Section E of the Staff Report identifies properties to the east as being zoned SF-3 The Street Construction Map and Conceptual Site Plan identify properties to the east as being zoned SR-6 Section E contains other inconsistencies with the previous section D Therefore, the Hearing Examiner disregards statements made in section E of the Staff Report Exhibit 1, Staff Report, page 2, Exhibit 1, Attachment a Hearing Examiner Findings and Recommendation Northward Homes #RZ-2001-2 KIVA #2012297 Page 3 11 At the hearing, a neighbor south of the subject property expressed concern about continued ability to access the fence along the, southern boundary for maintenance, and the proposed vegetation plan on the subject property He stated that the subject property contains cottonwood trees that have limbs over his property and roots coming out of the ground on his property Testimony of Mr Garot The neighbor and the Applicant's representative exchanged phone numbers At the time of a plat proposal, neighbors would be given specific notice and an opportunity to comment on any proposed development that requires land use review and approval. Testimony of Mr Hankins 12 KCC 12 01 140 requires the City to mail, publish, and post notice of the public hearing not less than ten days prior to the hearing date KCC 12 01 140 The City published the notice of hearing in the South County Journal on November 21, 2001, mailed the notice on November 16, 2001, and posted the notice on the subject property Exhibit 1, Attachment c CONCLUSIONS Jurisdiction The Hearing Examiner has jurisdiction to hold a public hearing on this quasi-judicial rezone, and to issue a written recommendation for final action to the Council, pursuant to RCW 35A 63 170 and Chapters 2 32 and 15,09 of the Kent City Code Criteria for Review Section 15 09 050(A)(3) of the Kent zoning Code sets forth the standards and criteria the Hearing Examiner must use to evaluate a request for a rezone. A request for a rezone shall only be granted if a The proposed rezone is consistent with the Comprehensive Plan, b The proposed rezone and subsequent development of the site would be compatible with development in the vicinity, c The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated; d Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone, (and] Hearing Examiner Findings and Recommendation Northward Homes #RZ-2001-2 KIVA#2012297 Page 4 e The proposed rezone will not adversely affect the health, safety, and general welfare of the citizens of the city Conclusions based on Findings 1. The proposed rezone is consistent with the Comprehensive Plan. The proposed zoning map amendment will change the zoning of the site to be compatible with its existing SR-6 comprehensive plan designation The proposed rezone is consistent with the goals and policies of the Comprehensive Plan Finding of Fact No 2 2. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. The subject property is surrounded on all sides by residentially zoned land, adjoining property on one side is zoned SR-6 Finding of Fact No 6. 3. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. The proposed rezone would not generate added trips to the existing transportation system Because subsequent development may increase traffic in the vicinity, the City may mitigate adverse traffic impacts by requiring applicants for subsequent development to conform to the goals and policies of the Comprehensive Plan's Transportation Element Finding of Fact No 5 4. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. The demand for affordable housing in the area has increased, as has the development in the immediate vicinity City land use goals include significantly increasing the number of dwelling units within the current City limits over a 20- year period and locating smaller lots within close proximity to urban activity centers Finding of Fact No 7 5. The proposed rezone will not adversely affect the health, safety, and general welfare of the citizens of the City of Kent. The Applicant does not propose development at this time, but proposes rezoning the subject property consistent with the intent of the Comprehensive Plan Because subsequent development on the site will have to meet applicable codes and regulations as well as mitigate anticipated environmental impacts the rezone proposal will not adversely affect the health, safety, and general welfare of the citizens of the City of Kent Finding of Fact No 4 Hearing Examiner Findings and Recommendation Northward Homes #RZ-2001-2 KIVA#2012297 Page 5 RECOMMENDATION Based upon the preceding Findings of Fact and Conclusions, and testimony and evidence presented at the public hearing, the Hearing Examiner recommends that this application for Kent Retail Center Rezone be APPROVED It is the Hearing Examiner's opinion that the rezone request, as proposed, meets the criteria for approval established by the Council Dated this 191h day of December, 2001 . THEODORE PAUL—T�-iUN�TER ,�, Hearing Examiner ch \\EARTH_FS\SDATA\Permit\Plan\rezone\2001\2012297-2001-2findings doc Hearing Examiner Findings and Recommendation Northward Homes #RZ-2001-2 KIVA#2012297 Page 6 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, relating to Land Use and Zoning, specifically the rezoning of approximately 6 7 acres of property located at 27342 132nd Avenue SE from SR-3 Single Family Residential (SR-3) to SR-6 Single Family Residential (SR-6), (Northward Homes Rezone - RZ-2001- 2) I i WHEREAS, an application to rezone approximately 6 7 acres from thel current zoning of SR-3 Single Family Residential (SR-3)to SR-6 Single Family Residential (SR-6) was filed on July 12, 2001, and WHEREAS, the City's SEPA responsible official issued a DetCrMiliaLiVil of Nonsignificance (DNS) for the proposed rezone on November 15, 2001, and I WHEREAS, a public hearing on the Northward Homes Rezone was held before the Hearing Examiner on December 5, 2001, and WHEREAS, on December 19, 2001, the Hearing Examiner issued finding that the Northward Homes Rezone is consistent with the City Comprehensive Plan, that the i proposed rezone and subsequent development activity would be compatible with the development in the vicinity, that the proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts wluc 1 Northward Homes Rezon cannot be mitigated, that circumstances have changed since the establishment of the current zoning district to warrant the proposed rezone, and that the proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent, and WHEREAS, the findings are consistent with the standards for rezone set forth in Sections 15 09 050(A)(3) and 15 09 050(C) of the Kent City Code, and WHEREAS, the Kent Hearing Examiner recommended approval of the Northward Homes Rezone on December 19, 2001, as submitted by the applicant, and WHEREAS, on January 2, 2001, the City Council moved to accept the findings of the Hearing Examiner and the Hearin.- Examiner's recommendation fora i approval of the Northward Homes Rezone from SR-3 Single Family Residential (SR-3) to SR-6 Single Family Residential (SR-6), NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS, i SECTION 1. The property located at 27842 132nd Avenue, Kent., Washington consisting of approximately 6 7 acres depicted in Exhibit"A" attached hereto and incorporated herein by this reference is rezoned as follows Parcel numbers 3422059017 and 3422059149 located in Kent, Washington, shall be rezoned from SR-3 Single Family Residential (SR-3) to SR-6 Single Family Residential (SR-6), and the City of Kent zoning map is hereby amended to reflect the same SECTION 2. Severability If any one or more sections, sub-sections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall 2 Northward Homes Rezone not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect SECTION 3. Effective Date This Ordinance shall take effect and be in force five(5) days from and after its passage, approval and publication as provided by law JIM WHITE, MAYOR ATTEST BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM ROGER A LUBOVICH, CITY ATTORNEY I I PASSED day of , 2002 �I APPROVED day of 2002 PUBLISHED day of 2002 I hereby certify that this is a true copy of Ordinance No passe by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated SEAL BRENDA JACOBER, CITY CLERK P\Civil\Ordinance\Nexone-NanAwardFfonrs doc 3 Narrl:ward Homes Re-on � � I �t:i�ia ----J---- ----L-------------L-J-------/ ;9g;et- - - - - - - - - --- -- - =- A�- - � - - - - - - - - — J — IF °ot•a ..Jig ��J `},tilil�n I- " F �_• ^tii _ ✓- ! i^ea Li13a 16I� ! !----------- T 7- 'f -tw Alk I a I " o j 3 ,' I I mp I I � Ii m :u I' IN3N :10 aP ! t o IV 6 0 ii------------ A i RZ Jq iiq a E I I ' �- g d S j----�—..—..--.�-.--.—.-L..—.�—.. —. i ( ) C ; I (► t ��iticr °,:rtt ;.�t�� ` IfT{6(f� �tytl( �r s tt({i =s t�s (+ nc f►,rr; tf t l r i a � r p uEm• 6 9/EET ter +x mic 1 OF 1 ::: �� •�° , aan�wa v�nasPLar :..�..��, naanfwum r�s o+�G„A, me Na •° D B A ,�a..e mr a,e ISM flm A.. Mr r m +aa CO/VCEP771A.0 S/TE PLAN .r CONSUL TM •" miw.R••� O. A r.9M5 ofo98 °"•2 FNCAEERS mma.n-..,r (426/7u-172e O EXHIBIT "A" Kent City Council Meeting Date January 2 , 2002 Category Other Business 1 . SUBJECT: ELECTION OF COUNCIL PRESIDENT 2 . SUMMARY STATEMENT: Pursuant to Resolution No. 1562 , the City Council must elect its president, who shall serve as the Mayor Pro Tem, in January of this year for a two-year term. 3 . EXHIBITS: None. 4 , RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES G . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS • 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION. Council Agenda Item No. 7B Kent City Council Meeting Date January 2 , 2002 Category Consent Calendar 1 . SUBJECT: TWO MEDIUM-DUTY AID VEHICLES 2 . SUMMARY STATEMENT: The City advertised for bids for two medium-duty aid vehicles and received only one written bid at the bid opening on December 21, 2001 . After having evaluated the bid, Staff recommends award of the bid to • H & W Emergency Vehicles 3707 "B" 129th Street , Suite 5 Marysville, WA 98271 i3 . EXHIBITS: Memo 4 . RECOMMENDED BY: Interim Fire Chief Steve Hamilton (Committee, Staff, Examiner, Commission, etc. ) S . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $332 , 928 . 00 (includes WA State Sales Tax) SOURCE OF FUNDS: 1 - Fire-Aid Vehicle Special Pro3ect Account 2 - Fire Apparatus Replacement Fund 7 . CITY COUNCIL ACTION: Councilmembermoves, Councilmember �✓_seconds to award the bid for two medium-duty aid vehicles to H & W Emergency Vehicles in the amount of $332 , 928 , 00, subDect to approval of the final purchase terms and conditions by the Interim Fire Chief and the City Attorney. DISCUSSION. ACTION: � Council Agenda Item No . 8A December 26, 2001 TO Kent City Council Members FIR Interim Fire Chief Steve Hamilton RE Two New Medium Duty Aid Cars Dear City Council Member, We have recently requested bids for two new (larger size) aid cars Only one company, Road Rescue, submitted their bid on time Road Rescue is manufactured in Minnesota, and has been in business for 25 years They offer a well-built, quality aid vehicle. We decided to go with the Navistar medium-duty chassis, because it is a commercial chassis (built by International) with a sturdy diesel engine and a heavy-duty transmission Although the up-front cost is a bit more, the cost of maintenance is significantly lower in the long run and our firefighters are safer in the larger vehicle Our current fleet of aid cars ranges in age from 1986 to 1995, and is beginning to show its age Ironically, the newest aid car, a 1995 Ford, has had the most maintenance, requiring 3 new engines and 2 transmissions in the past 6 years That unreliability is not acceptable for an emergency vehicle The funding from one of the two aid cars that we wish to purchase came primarily from the Polygon Development, due to the River View project The funding for the second one is from our apparatus replacement fund Thank you, Steve T. gaHadrm Interim Fire Chief • REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC SAFETY COMMITTEE D PUBLIC WORKS E. PLANNING COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS REPORTS FROM SPECIAL COMMITTEES CONTINUED COMMUNICATIONS A. • • EXECUTIVE SESSION A) Labor Negotiations