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City Council Meeting - Council - Agenda - 05/07/2002
City of Kent City Council Meeting Agenda KEN T W A S H I N G T O N Mayor Jim White Councilmembers Tim Clark, Council President Connie Epperly Bruce White Leona Orr Judy Woods Julie Peterson RicoYingling May 7, 2002 Office of the City Clerk SUMMARY AGENDA KENT CITY COUNCIL MEETING KENT May 7, 2002 w.z.....oW IV Council Chambers 7.00 p.m. MAYOR Jim White COUNCILMEMBERS• Tim Clark, President Connie Epperly Leona Orr 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 — 7/3 B. FROM THE PUBLIC — 1LoY19— 4 PUBLIC COMMUNICATIONS A. Proclamation - Public Works Week B. Proclamation - Letter Carriers Food Drive Day C Employee of the Month -b• P(oc (arvmnb on - Aeniej Nedr-A /Dori{-A 5. PUBLIC HEARINGS F /nfroduch" o¢' A�Po,"nfees A DeMarco Annexation Zoning—2nd Hearing 6 CONSENT CALENDAR A Minutes - Approval B Bills - Approval C. S 206th Street Vacation - Ordinance 3 5q 9 D 48th Avenue South Street Vacation - Resolution 16/g E. Street Vacation, SE 266th Street - Resolution Setting Hearing Date 1&1'7 F Public Health Hazardous Waste Management Program D22059D, Amendment 7 - Authorize G 277th Corridor Fish Habitat - Accept as Complete H Donation of Surplus Equipment (Radios) - Authorize I LID 350, Big K Sanitary Sewer and Del Webb Sanitary Sewer Interceptor Project, Charge in Lieu of Assessment - Authorize J 72nd Avenue South Pavement Reconstruction - Accept as Complete K, 6a/f- Ac&-sory Board Appolntmenfa - Conf( rM 7 OTHER BUSINESS A Zoning Code Amendment Phase 2A - Ordmance 3(. 00 f5. MpodbW Ni`i(s Saoita,ry SeW&C 8 BIDS A Kent Commons Re-roof B 98th Avenue South Widening (continued next page) SUMMARY AGENDA CONTINUED • 9 REPORTS FROM STANDING COMMITTEES AND STAFF 10 REPORTS FROM SPECIAL COMMITTEES 11 CONTINUED COMMUNICATIONS 12 EXECUTIVE SESSION A. Property Acquisition B Pending Litigation 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 ct 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. CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the suh3ect of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC • PUBLIC COMMUNICATIONS A) PROCLAMATION - PUBLIC WORKS WEEK B) PROCLAMATION - LETTER CARRIERS FOOD DRIVE DAY C) EMPLOYEE OF THE MONTH • Kent City Council Meeting Date May 7 , 2002 Category Public Hearings 1 SUBJECT: DEMARCO ANNEXATION ZONING AND COMPREHENSIVE PLAN AMENDMENT (AZ-2001-1 AND CPA-2001-1) - 2ND HEARING 2 SUMMARY STATEMENT: On March 11, 2002 , the Land Use and Planning Board held a public hearing on both the annexation zoning map amendments and the comprehensive plan land use map amendments for the DeMarco Annexation area. The Board' s recommendation is included in the City Council ' s packet Tonight ' s meeting is the second of two public hearings to be held by the City Council pursuant to state law; the first hearing was on April 2 , 2002 . 3 . EXHIBITS: Staff memo dated 4/30/02 and staff report addendum and attached maps; Letter dated 4/29/02 from Buck & Gordon, Attorneys at Law, David D. Markley, City Council minutes of 4/2/02 ; Land Use and Planning Board minutes of 3/11/02, Staff report dated 2/13/02 , and Revised Environmental Impact Statement Addendum (#ENV-93-51) 4 . RECOMMENDED BY: Land Use and Planning Board (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: A. Councilmember moves, Councilmember seconds to close the public hearing . B Councilmember _moves, Councilmember _seconds to approve/diaappFcve-m ±!E the Land Use and Planning Board ' s recommendation for the DeMarco Annexation initial zoning and comprehensive plan amendment ; and to direct the City Attorney to prepare the ordinance . DISCUSSION- ACTION: Council Agenda Item No. 5A Page 1 WEST'S REVISED CODE OF WASHINGTON ANNOTATED TITLE 36.COUNTIES CHAPTER 36.70A. GROWTH MANAGEMENT—PLANNING BY SELECTED COUNTIES AND CITIES Copr (0 West Group 2002 All rights reserved Current through Chapter 3 of 2002 Regular Session 36 70A 130 Comprehensive plans--Review—Amendments (AMENDED) WASHINGTON 2002 LEGISLATIVE SERVICE 57th Legislature,2002 Regular Session Copr © West Group 2002 All rights reserved Additions are indicated by<<+Text+>>,deletions by <<-Text->> Changes in tables are made but not highlighted Vetoed provisions within tabular material are not displayed CHAPTER 320 S S B No 5841 GROWTH MANAGEMENT--COMPREHENSIVE PLAN REVIEW AN ACT Relating to establishing a schedule for review of comprehensive plans and development regulations adopted under the growth management act, and amending RCW 36 70A 130 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON Sec. 1.RCW 36 70A 130 and 1997 c 429 s 10 are each amended to read as follows <<WA ST 36 70A 130>> (1)«+(a)+>>Each comprehensive land use plan and development regulations shall be subject to continuing review and evaluation by the county or city that adopted them <<-Not later than September 1, 2002, and at least every five years thereafter,->> <<+A+>> county or city shall take <<+ legislative+>> action to review and, if needed, revise its comprehensive land use plan and development regulations to ensure <<-that->> the plan and regulations <<-are complying->> <<+comply+>> with the requirements of this chapter<<+according to the time periods specified in subsection(4) of tlus section A county or city not planning under RCW 36 70A 040 shall take action to review and. if needed,revise its policies and development regulations regarding critical areas and natural resource lands adopted according to this chapter to ensure these policies and regulations comply with the requirements of this chapter according to the time periods specified in subsection(4) of this section Legislative action means the adoption of a resolution or ordinance following notice and a public hearing indicating at a mrmmum, a finding that a review and evaluation has occurred and identifying the revisions made, or that a revision was not needed and the reasons therefore+>> The review and evaluation required by this subsection may be combined with the review required by subsection (3) of taus section <<+The review and evaluation required by this subsection shall include, but is not limited to, consideration of critical area ordinances and, if planning under RCW 36 70A 040, an analysis of the population allocated to a city or county from the most recent ten-year population forecast by the office of financial management+>> <<+(b)+>> Any amendment <<+of+>> or revision to a comprehensive land use plan shall conform to this chapter<<-, and-»«+ A+>>nv <<- change->> <<+amendment of or revision+>> to development regulations shall be consistent with and implement the comprehensive plan (2)(a)Each county and city shall establish and broadly disseminate to the public a public participation program<<- idemifying->> <<+consistent with RCW 36 70A 035 and 36 70A 140 that identifies+>> procedures <<+and schedules+>> whereby<<+updates,+>>proposed amendments<<+,+>> or revisions of the comprehensive plan are considered by the govenung body of the county or city no more frequently than once every year <<-except that- Copr Z West 2002 No Claim to Ong U S Govt Works Page 2 >x<+ "Updates" means to review and revise, if needed, according to subsection (1) of this section, and the time periods specified in subsection (4) ofthis section A+>>mendments may be considered more frequently <<+ than once per year+>>under the following circumstances (i)The initial adoption of a subarea plan<<+that does not modify the comprehensive plan policies and designations applicable to the subarea+>>, (n) The adoption or amendment of a shoreline master program under the procedures set forth in chapter 90 58 RCW, and (in) The amendment of the capital facilities element of a comprehensive plan that occurs concurrently with the adoption or amendment of a county or city budget (b) Except as otherwise provided in (a) of this subsection, all proposals shall be considered by the governing body concurrently so the cumulative effect of the various proposals can be ascertained However, after appropriate public participation a county or city may adopt amendments or revisions to its comprehensive plan that conform with this chapter whenever an emergency exists or to resolve an appeal of a comprehensive plan filed with a growth management hearings board or with the court (3) Each county that designates urban growth areas under RCW 36 70A 110 shall review, at least every ten years, its designated urban growth area or areas, and the densities perntted within both the incorporated and unincorporated portions of each urban growth area In conjunction with this review by the county, each city located within an urban growth area shall review the densities permitted within its boundaries, and the extent to which the urban growth occurring within the county has located within each city and the unincorporated portions of the urban growth areas The county comprehensive plan designanng urban growth areas, and the densities permitted in the urban growth areas by the comprehensive plans of the county and each city located within the urban growth areas shall be revised to accommodate the urban growth projected to occur in the county for the succeeding twenty-year period The review required by this subsection may be combined with the review and evaluation required by RCW 36 70A 215 <<+(4) The department shall establish a schedule for counties and cities to take action to review and, if needed, revise their comprehensive plans and development regulations to ensure the plan and regulations comply with the requirements of this chapter The schedule established by the department shall provide for the reviews and evaluations to be completed as follows+>> «+(a) On or before December 1, 2004, and every seven years thereafter, for Clallam, Clark, Jefferson, King, Kitsap, Pierce, Snohomish,Thurston,and Whatcom counties and the cores within those counties,+>> <<+(b) On or before December 1, 2005, and every seven years thereafter, for Cowlitz, Island, Lewis, Mason, San Juan, Skagit, and Skamama counties and the cities within those counnes,+>> <<+(c) On or before December 1, 2006, and every seven years thereafter, for Benton, Chelan, Douglas, Grant, Kimtas, Spokane,and Yakima counties and the cities within those counties, and+>> <<+(d) On or before December 1, 2007, and every seven years thereafter, for Adams, Asoun, Columbia, Ferry, Franklin, Garfield, Grays Harbor, Klrckitat, Lincoln, Okanogan Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and Whitman counties and the cities within those counties+>> <<+(5)(a)Nothing in this section precludes a county or city from conducting the review and evaluation required by this section before the time limits established in subsection (4) of this section Counties and cities may begin this process early and may be eligible for grants from the department, subject to available funding, if they elect to do so+>> <<+(b) State agencies are encouraged to provide technical assistance to the counties and cities in the review of critical area ordinances, comprehensive plans, and development regulations+>> Copr t West 2002 No Claim to Ong U S Govt Works Page 3 <<+(6)A county or city subject to the time periods in subsection(4)(a)of this section that,pursuant to an ordinance adopted by the county or city establishing a schedule for periodic review of its comprehensive plan and development regulations, has conducted a review and evaluation of its comprehensive plan and development regulations and, on or after January 1, 2001, has taken action in response to that review and evaluation shall be deemed to have conducted the first review required by subsection(4)(a) of this section Subsequent review and evaluation by the county or city of its comprehensive plan and development regulations shall be conducted in accordance with the time periods established under subsection(4)(a)of this section+>> <<+(7) The requirements imposed on counties and cities under this section shall be considered "requirements of this chapter" under the terms of RCW 36 70A 040(1) Only those counties and cities in compliance with the schedules in this section shall have the requisite authority to receive grants, loans, pledges, or financial guarantees from those accounts established in RCW 43 155 050 and 70 146 030 Only those counties and cities in compliance with the schedules in this section shall receive preference for grants or loans subject to the provisions of RCW 43 17 250+>> Approved April 2, 2002 Effective June 13, 2002 WEST'S REVISED CODE OF WASHINGTON ANNOTATED TITLE 35A.OPTIONAL MUNICIPAL CODE CHAPTER 35A.63.PLANNING AND ZONING IN CODE CITIES Copr ©West Group 2002 All rights reserved Current through Chapter 3 of 2002 Regular Session 35A 63 060 Comorehensrve plan—General(AMENDED) WASHINGTON 2002 LEGISLATIVE SERVICE 57th Legislature,2002 Regular Session Copr © West Group 2002 All rights reserved Additions are indicated by<<+Text+>> deletions by <<-Text->> Changes in tables are made but not highlighted Vetoed provisions within tabular material are not displayed CHAPTER 189 S S B No 5748 TRANSPORTATION--LAND USE--PLANS AND SPECIFICATIONS AN ACT Relating to integration of transportation and land use planning, amending RCW 35 63 060, 35A 63 060, 47 05 051, and 47 06 040, and adding a new section to chapter 47 26 RCW BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON <<WA ST 35 63 060>> See. 1.RCW 35 63 060 and 1988 c 127 s 1 are each amended to read as follows The commission may act as the research and fact finding agency of the municipality To that end it may make such surveys, analyses, researches and reports as are generally authorized or requested by its council or board, or by the state with the approval of its council or board The commission,upon such request or authority may also (1) Make inquiries investigations, and surveys concerning the resources of the county, including but not limited to the potential for solar energy development and alternative means to encourage and protect access to direct sunlight Copr © West 2002 No Claim to Ong U S Govt Works Page 4 for solar energy systems, (2)Assemble and analyze the data thus obtained and formulate plans for the conservation of such resources and the systematic utilization and development thereof, (3) Make recommendations from time to time as to the best methods of such conservation, utilization, and development, (4)Cooperate with other commissions and with other public agencies of the municipality, state and Umted States in such planning,conservation, and development, and (5) In particular cooperate with and aid the state within its territorial hunts in the preparation of the state master plan provided for in RCW 43 21A 350 and in advance planning of public works programs <<+In carrying out its powers and duties, the commission should demonstrate how land use planning is integrated with transportation planning +>> <<WA ST 35A 63 060>> Sec.2.RCW 35A 63 060 and 1967 ex s c 119 s 35A 63 060 are each amended to read as follows Every code city, by ordinance, shall direct the planning agency to prepare a comprehensive plan for anticipating and influencing the orderly and coordinated development of land and building uses of the code city and its environs The comprehensive plan may be prepared as a whole or in successive parts <<+The plan should integrate transportation and land use planning+>> <<WA ST 47 05 051 >> See.3.RCW 47 05 051 and 2002 c 5 s 406(ESB 2304) are each amended to read as follows (1) The comprehensive six-year investment program shall be based upon the needs identified in the state-owned highway component of the statewide multimodal transportation plan as defined in RCW 47 01 071(3) and priority selection systems that incorporate the following criteria (a)Priority programming for the preservation program shall take into account the following,not necessarily in order of importance (1) Extending the service life of the existing highway system, including using the most cost-effective pavement surfaces,considering (A)Life-cycle cost analysis, (B)Traffic volume, (C) Subgrade soil conditions, (D)Environmental and weather conditions, (E)Materials available, and (F) Construction factors, (ii) Ensuring the structural ability to carry loads imposed upon highways and bridges, and (in) Minimizing life cycle costs The transportation com irussion in carrying out the provisions of this section may Copr (D West 2002 No Claim to Ong U S Govt Works Page 5 delegate to the department of transportation the authority to select preservation projects to be included in the six- year program. (b) Priority programming for the improvement program must be based primarily upon the following<<+, not necessarily in order of importance+>> (i)Traffic congestion, delay, and accidents, (it)Location within a heavily traveled transportation corridor, (ill) <<+Except for projects in cities having a population of less than five thousand persons, s+>>ynchromzation with other potential transportation projects, including transit and multimodal projects, within the heavily traveled corridor, and (iv)Use of benefiticost analysis wherever feasible to determine the value of the proposed project (c)Prionry programming for the improvement program may also take into account (1) Support for the state's economy, including job creation and job preservation, (u) The cost-effective movement of people and goods, (ui) Accident and accident risk reduction, (iv)Protection of the state's natural environment, (v)Continuity and systematic development of the highway transportation network, (vi) Consistency with local comprehensive plans developed under chapter 36 70A RCW <<+including the following if they have been included in the comprehensive plan+>> <<+(A) Support for development in and revitalization of existing downtowns+>> <<+(B) Extent that development implements local comprehensive plans for rural and urban residential and nonresidential densities,+>> <<+(C) Extent of compact, transit-oriented development for rural and urban residential and nonresidential densities,+>> <<+(D) Opportunities for multimodal transportation, and+>> <<+(E)Extent to which the project accommodates planned growth and economic development+>>, (vu) Consistency with regional transportation plans developed under chapter 47 80 RCW, (vni)Public views concerning proposed improvements, (ix)The conservation of energy resources, (x)Feasibility of financing the full proposed uriprovement, (xi)Commitments established in previous legislative sessions, (xir) Relative costs and benefits of candidate programs Copr © West 2002 No Claim to Ong U S Govt Works Page 6 (d) Major projects addressing capacity deficiencies which prioritize allowing for preliminary engineering shall be rpnontized during the succeeding biennium, based upon updated project data Repnontized projects may be delayed or canceled by the transportation commission if higher priority projects are awaiting funding (e) Major project approvals which si¢mficantly increase a project's scope or cost from original pnontization estimates shall include a review of the project's estimated revised priority rank and the level of funding provided Projects may be delayed or canceled by the transportation commission if higher priority projects are awaiting funding (2)The commission may depart from the priority programming established under subsection(1) of this section (a) To the extent that otherwise funds cannot be utilized feasibly within the program, (b) as may be required by a court judgment, legally binding agreement, or state and federal laws and regulations, (c)as may be required to coordinate with federal, local, or other state agency construction projects, (d) to take advantage of some substantial financial benefit that may be available, (e) for continuity of route development, or (f) because of changed financial or physical conditions of an unforeseen or emergent nature The commission or secretary of transportation shall maintain in its files information sufficient to show the extent to which the comrmssion has departed from the established priority (3) The commission shall identify those projects that yield freight mobility benefits or that alleviate the impacts of freight mobility upon affected communities <<WA ST 47 06 040>> Sec. 4.RCW 47 06 040 and 1998 c 199 s 1 are each amended to read as follows The department shall develop a statewide multimodal transportation plan under RCW 47 01 071(3) and in conformance with federal requirements, to ensure the continued mobility of people and goods within regions and across the state in a safe,cost-effective manner The statewide multimodal transportation plan shall consist of (1)A state-owned facilities component, which shall guide state investment for state highways including bicycle and pedestrian facilities, and state femes, and (2)A state-interest component, which shall define the state interest in aviation, marine ports and navigation, freight rail, intercity passenger rail, bicycle transportation and pedestrian walkways, and public transportation, and recommend actions in coordination with appropriate public and private transportation providers to ensure that the state interest in these transportation modes is met The plans developed under each component must be consistent with the state transportation policy plan and with each other, reflect public involvement, be consistent with regional transportation planning, high-capacity transportation planning, and local comprehensive plans prepared under chapter 36 70A RCW, and include analysis of mtermodal connections and choices A primary emphasis for these plans shall be the relief of congestion, the preservation of existing investments <<+and downtowns, ability to attract or accommodate planned population, and employment growth+>>, the improvement of traveler safety, the efficient movement of freight and goods, and the improvement and integration of all transportation modes to create a seamless intermodal transportation system for people and goods In the development of the statewide multimodal transportation plan, the department shall identify and document potential affected environmental resources including, but not limited to, wetlands, storm water runoff, flooding, air quality, fish passage, and wildlife habitat The department shall conduct its environmental identification and documentation in coordination with all relevant environmental regulatory authorities, including, but not limited to, local governments The department shall give the relevant environmental regulatory authorities an opportunity to review the department's environmental plans The relevant environmental regulatory authorities shall provide comments on the department's environmental plans in a timely manner Environmental identification and documentation as provided for in RCW 47 01 300 and tins section is not intended to create a private right of action or require an environmental impact statement as provided in chapter 43 21 C RCW Copr m West 2002 No Claim to Ong U S Govt Works Page 7 NEW SECTION Sec.5.Anew section is added to chapter 47 26 RCW to read as follows In any project funded by the transportation improvement board, except for projects in cities having a population of less than five thousand persons, and in addition to any other items required to be considered by statute, the board also shall consider the land use implications of the project, such as whether the programs and projects (1) Support development in and revitalization of existing downtowns, (2)Implement local comprehensive plans for rural and urban residential and nonresidential densities, (3) Have land use planning and regulations encouraging compact development for rural and urban residential and nonresidential densities, and (4)Promote the use of multimodal transportation Approved March 27, 2002 Effective June 13, 2002 35A 63 061 Comprehensive plan--Required elements The comprehensive plan shall be in such form and of such scope as the code city's ordinance or charter may require It may consist of a map or maps, diagrams, charts reports and descriptive and explanatory text or other devices and materials to express, explain,or depict the elements of the plan, and it shall include a recommended plan, scheme, or design for each of the following elements (1)A land-use element that designates the proposed general distribution general location, and extent of the uses of land These uses may include, but are not limited to, agricultural, residential, commercial, industrial, recreational, educational,public, and other categories of public and private uses of land The land-use element shall also include estimates of future population growth in, and statements of recommended standards of population density and building intensity for, the area covered by the comprehensive plan The land use element shall also provide for protection of the quality and quantity of ground water used for public water supplies and shall review drainage, flooding, and storm water run-off in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute Puget Sound or waters entering Puget Sound (2) A circulation element consisting of the general location, alignment, and extent of existing and proposed major thoroughfares, major transportation routes, and major terminal facilities, all of which shall be correlated with the land-use element of the comprehensive plan 35A 63 062 Comprehensive clan--Optional elements The comprehensive plan may include also any or all of the following optional elements (1)A conservation element for the conservation, development, and utilization of natural resources (2)An open space,park, and recreation element (3) A transportation element showing a comprehensive system of surface, air, and water transportation routes and facilities (4)A public-use element showing general locations, designs, and arrangements of public buildings and uses Copr © West 2002 No Claim to Ong U S Govt Works Page 8 (5)A public utilities element showing general plans for public and franchised services and facilities (6) A redevelopment or renewal element showing plans for the redevelopment or renewal of slum and blighted areas (7)An urban design element for general organization of the physical parts of the urban landscape (8)Other elements dealing with subjects that, in the opinion of the legislative body,relate to the development of the municipality, or are essential or desirable to coordinate public services and programs with such development (9)A solar energy element for encouragement and protection of access to direct sunlight for solar energy systems 35A 63 070 Comprehensive plan--Nonce and hear= After preparing the comprehensive plan, or successive parts thereof, as the case may be, the planning agency shall hold at least one public hearing on the comprehensive plan or successive part Notice of the time,place, and purpose of such public hearing shall be given as provided by ordinance and including at least one publication in a newspaper of general circulation delivered in the code city and in the official gazette, if any, of the code city, at least ten days prior to the date of the hearing Continued hearings may be held at the discretion of the planning agency but no additional notices need be published 35A 63 071 Comprehensive plan--Forwardme to legislative bodv Upon completion of the hearing or hearings on the comprehensive plan or successive parts thereof, the planning agency, after making such changes as it deems necessary following such hearing, shall transmit a copy of its recommendations for the comprehensive plan, or successive parts thereof, to the legislative body through the chief administrative officer, who shall acknowledge receipt thereof and direct the clerk to certify thereon the date of receipt 35A 63 072 Comprehensive plan--Approval by legislative body Within sixty days from its receipt of the recommendation for the comprehensive plan, as above set forth, the legislative body at a public meeting shall consider the same The legislative body within such period as it may by ordinance provide, shall vote to approve or disapprove or to modify and approve, as modified, the comprehensive plan or to refer it back to the planning agency for further proceedings, in which case the legislative body shall specify the time within which the planning agency shall report back to the legislative body its findings and recommendations on the matters referred to it The final form and content of the comprehensive plan shall be determined by the legislative body An affirmative vote of not less than a majority of total members of the legislative body shall be required for adoption of a resolution to approve the plan or its parts The comprehensive plan, or its successive parts, as approved by the legislative body shall be filed with an appropriate official of the code city and shall be available for public inspection 35A 63 073 Comprehensive plan--Amendments and modifications All amendments, modifications, or alterations in the comprehensive plan or any part thereof shall be processed in the same manner as set forth in RCW 35A 63 070 through 35A 63 072 Copr (0 West 2002 No Claim to Ong U S Govt Works Page 9 35A 63 080 Comprehensive plan--Effect From the date of approval by the legislative body the comprehensive plan, its parts and modifications thereof, shall serve as a basic source of reference for future legislative and adinurstrative action PROVIDED, That the comprehensive plan shall not be construed as a regulation of property rights or land uses PROVIDED, FURTHER, That no procedural irregularity or informality in the consideration, hearing, and development of the comprehensive plan or a part thereof, or any of its elements, shall affect the validity of any zoning ordinance or amendment thereto enacted by the code city after the approval of the comprehensive plan The comprehensive plan shall be consulted as a preliminary to the establishment, improvement, abandonment, or vacation of any street, park, public way,public building, or public structure, and no dedication of any street or other area for public use shall be accepted by the legislative body until the location, character, extent, and effect thereof shall have been considered by the planning agency with reference to the comprehensive plan The legislative body shall specify the nine within which the planning agency shall report and make a recommendation with respect thereto Recommendations of the planning agency shall be advisory only 35A 63 100 Municipal authority After approval of the comprehensive plan, as set forth above, the legislative body, in developing the municipality and in regulating the use of land, may implement or give effect to the comprehensive plan or parts thereof by ordinance or other action to such extent as the legislative body deems necessary or appropriate Such ordinances or other action may provide for (1) Adoption of an official map and regulations relating thereto designating locations and requirements for one or more of the following Streets, parks, public buildings, and other public facilities, and protecting such sites against encroachment by buildings and other physical structures (2) Dividing the municipality, or portions thereof, into appropriate zones within which specific standards, requirements, and conditions may be provided for regulating the use of public and private land, buildings, and structures, and the location, height, bulk, number of stories and size of buildings and structures, size of yards, courts, open spaces, density of population, ratio of land area to the area of buildings and structures, setbacks, area required for off-street parking, protection of access to direct sunlight for solar energy systems, and such other standards, requirements, regulations, and procedures as are appropriately related thereto The ordinance encompassing the matters of this subsection is hereinafter called the "zoning ordinance" No zoning ordinance, or amendment thereto, shall be enacted by the legislative body without at least one public hearing, notice of which shall be given as set forth in RCW 35A 63 070 Such hearing may be held before the planning agency or the board of adjustment or such other body as the legislative body shall designate (3)Adoption of design standards, requirements, regulations, and procedures for the subdivision of land into two or more parcels, including, but not limited to, the approval of plats, dedications, acquisitions, improvements, and reservation of sites for public use (4) Scheduling public improvements on the basis of recommended priorities over a period of years, subject to periodic review (5) Such other matters as may be otherwise authorized by law or as the legislative body deems necessary or appropriate to effectuate the goals and objectives of the comprehensive plan or parts thereof and the purposes of this chapter Copr Chi West 2002 No Claim to Ong U S Govt Works COMMUNITY DEVELOPMENT Fred Satterstrom, AICP, Director • PLANNING SERVICES KEN T Charlene Anderson, AICP, Manager w�,"`r°" Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent,WA 98032-5895 April 30, 2002 TO MAYOR JIM WHITE, COUNCIL PRESIDENT TIM CLARK AND CITY COUNCIL MEMBERS FROM CHARLENE ANDERSON,AICP,PLANNING MANAGER RE DEMARCO ANNEXATION#AZ-2001-1/#CPA-2001-1 (KIVA#2011034) INITIAL ZONING AND COMPREHENSIVE PLAN LAND USE MAP AMENDMENT LAND USE &PLANNING BOARD RECOMMENDATION DATE OF SECOND CITY COUNCIL HEARING MAY 7, 2002 Attached is the Land Use &Planning Board's recommendation on initial zoning and Comprehensive Plan land use map amendments for the DeMarco Annexation area You may recall that the City Council repealed Ordinance No 3572 that previously had adopted zoning and Comprehensive Plan land use map designations Further pursuant to the November, 2001 Settlement Agreement with the Lotto and Toppano petitioners the City agreed to undertake a new review process to reconsider the appropriate Comprehensive Plan designation and zoning for the DeMarco Annexation area The Land Use & Planning Board conducted a public hearing on these matters on March 11, 2002 At their public hearing, the Board received public testimony and was asked to consider six alternatives for the annexation area These alternatives are mapped and described in the staff report to the Board dated February 13, 2002 After considering the public testimony, staff report, and Revised Environmental Impact Statement Addendum, the Board is recommending zoning and comprehensive plan land use maps for Alternative Five, as amended By City ordinance, the City Council must hold two hearings on the proposed zoning, which also includes consideration of the Comprehensive Plan Land Use Map The first hearing was held April 2, 2002, the second hearing is scheduled for May 7, 2002 By State law, the hearings must be held at least 30 days apart The City Council may approve or disapprove the Board's recommendation, modify and approve as modified, or refer the recommendation back to the Board for further proceedings In response to questions regarding possible sizes of a commercial designation in the DeMarco Annexation area, Planning Services staff researched other commercial development in the City of Kent See attached addendum Staff will be available at the May 7th hearing to answer questions regarding the initial zoning and comprehensive plan land use map designations for the DeMarco Annexation area CA\map S\Permit\Plan\ANNEXATIONS\2001\2011034-2001-1cc6 DOC Attachments Staff report addendum Maps of Board recommendation Minutes of 4/2/02 Cuv Council Meeting and Minutes of 3111/02 Board meeting Staff report dated 2/13102 Revised Environmental Impact Statement Addendum#ENV-93-51 dated March 4,2002 Addendum to Staff Report Initial Zoning and Comprehensive Plan Amendments DeMarco Annexation Area April 30, 2002 Staff considered sizes of some of the commercial developments in the City of Kent, as follows CC, Community Commercial ChevroivMacDonald's—SW comer SE 240�' St and 108d'Ave SE— 17 acres Walgreens—NE comer 132"d Ave SE and Kent Kangley— 166 acres (excluding sensitive area) Safeway— SW comer 132nd Ave SE and Kent Kangley— 6 92 acres as Lot 1 of 4-lot short plat (includes 71,200 sf building, 8-pump gas station and 337 parking stalls) The other 3 lots are 2 acres, 0 47 acres, and 0 63 acres(10 acres total) GC. General Commercial Shell station—east side Central Ave N,1ust south of SR-167—0 4 acres NCC, Neiehborhood Convenience Commercial Ranniger—SE corner SE 240d' Stand 116d'Ave SE-3 61 acres total for 2 lots Northern lot proposed as Sav-on Drugs — 141 acres (+/- 270' x 220'), southern lot proposed for 70,000 sf nursery and 27,000 sf offices—2 2 acres Meridian Valley Professional Plaza and Shopping Center—NE corner SE 240"' St and 1320d Ave SE — 3 96 acres total for 4 lots QFC/Hairmasters/Kent Video etc on 2 56 acres (397' x 280'), 90-100 parking stalls Ranmger offices on 0 5 acres (75' x 280') Multicare/doctors offices on 0 45 acres (140' x 140') Optometrist/travel agent on 0 45 acres (140' x 140') Staff also considered driveway to intersection location and the possibility of left turn movement out of a commercial area at the comer of SE 240'b Street and 116'h Avenue SE The Land Use and Planning Board recommended a 2-acre square (295' x 295') of commercial at the northeastern comer of this intersection City standards for driveway locations require a minimum 300-foot separation of driveways from a signalized intersection City standards also restrict left-turn movement to right-in, right-out when driveways are less than 300 feet from a signalized intersection Should the City Council desire to retain the 2-acre size limit of the proposed commercial area, the configuration of the zoning should be changed from a square to a rectangle, with the longer axis along 116'h Avenue SE Staff would recommend a minimum lot depth of 200 feet to accommodate potential commercial development, making a possible lot configuration of 200' x 435' Staff further considered the juxtaposition of commercial and single family areas The City of Kent Comprehensive Plan Land Use and Zoning Maps typically provide a buffer between commercial and single family uses to separate the incompatible uses The buffer may take the form of an office, mixed use, or higher density residential area — either multifamily or high-density single family Although staff has not recommended any commercial designation in this area, we do recommend a buffer area of MR-T- 12 or MR-T16 if a commercial designation is made at the comer of SE 240d' Street and 116`s Avenue SE S\Pemit\PIan\ANNEXATIONS\2002\2011034-2001-1cc6b DOC u • • Wit Pr Jill Wl0 .�.+� � ru MI ry bI�/J�1■ n�I r1e �f��C7�o�GCr�p .'i�7�■� J���� f rpin M Lk WOOT w /. a� � ��`. <aJ ��'�•� �7� ��:j 1�� I�fi>��'•(�F�p�' �II�IIIili�1� Ilt ro IL rm HIM QFM LI Wl CAW Bul/; LLP 1k Gorao 0 Waterfront Place 011 Western Avenue Attorneys at Law Seattle,WA 98104-1097 206- -9540 206-626626-0675 Fax www buckgordon com April 29, 2002 RECEIVED Mayor Jim White and Members of the City Council APR 3 0 2002 City of Kent 220 4th Avenue S CITY OF KENT Kent, WA 98032 PLANNING SERVICES Re Lotto Property--Appropriate Annexation Zoning Dear Mayor White and Members of the City Council- We urge you to support the Lottos' compromise Alternative 7, which simply asks the City Council to let the Lottos retain their existing 8 acres of Neighborhood Commercial (NCC) zoning The Lottos' Alternative 7 generously agrees to a downzone for the 14 acre balance of their property, from its previous multifamily zoning to single family (SR 6) zoning, in order to respond to the concerns of the single family neighbors regarding the perceived impacts of more dense development You will also recall that half of the 14 acre residential zoned area of the Lotto site cannot be developed in any case due to streams, wetland and their buffers, which will result in approximately seven acres of greenspace for the residents The arguments in favor of Alternative 7 are summarized as follows 1. Your Comprehensive Plan growth management policies support NCC here. The City's Comprehensive Plan policies strongly support locating more dense centers of neighborhood commercial zoning at arterial intersections such as the Lotto site, in order to promote the provision of goods and services in close proximity to residential areas, to allow access by travel modes other than cars (walking, transit), to support more efficient provision of utilities, and to help create more vibrant communities 2. Approving 8 Acres of NCC is Fair, and In Line With City's Property Rights Policies. The Lotto site was annexed with the understanding that the property would retain the 8 acres of NCC zoning that it had in King County The City's Comprehensive Plan states that property owners will be protected from arbitrary or discriminatory downzoning 3. Approving 8 Acres of NCC Will Not Cause Traffic Problems and Will Improve Traffic Congestion Overall. The attached traffic report from Transportation Solutions, Inc demonstrates that the intersection of 240th and 116th Ave SE will still operate at a good level of service with 8 acres of NCC In addition, the report demonstrates that locating this NCC zoning at the Lotto site will decrease traffic congestion at other more congested intersections such as the intersection of 240th and 104th Ave SE I\W P\LOTTO\CITY COUNCIL FINAL LETTER ALK DOC - 2 - April 26, 2002 4. The 2 acres of NCC Recommended by the Planning Board is Not Feasible for Viable Neighborhood Commercial. As testimony has Indicated, 2 acres is not a sufficient area, with required setbacks and parking, to do more than a gas station/convenience store development, as opposed to neighborhood serving shops (Note contrary to certain testimony, the Raniger parcel across the street, cited as evidence that 2 acres is developable is approximately four acres in size) The Planning Board recommended 2 acres because they were afraid that otherwise a Costco could be developed, however, NCC zoning does not allow department/variety stores like Costco, and testimony Indicated that 8 acres is not suffiaent size for such a "big box" store S. The 2 acre NCC Alternative Does Not Allow Reasonable Access and Increases Congestion. As the attached TSI traffic report demonstrates, the City's required standards for distance of driveways from the Intersection will not allow reasonable access and hence reasonable development with only a 2 acre corner commercial site, and this report states that a minimum of approximately five acres is necessary for reasonable access/development In addition, even if the restricted access of a smaller commercial site would allow some development, this restricted access would contribute to traffic congestion as people are forced to circulate through the Intersection multiple times to gain access to the site 6. To Downzone the Lottos Would Provide a Bad Precedent and Hurt the City's Tax Base. If the City Council reduces the size of the commercial acreage of the Lotto site, it will set a bad precedent that will discourage others from annexing Into the City in the future In addition, if single family neighbors can annex their areas to the City and then push the City to downzone or downsize the commercial property Included in the annexation, it will impose the impacts of new residents on the City, while depriving the City of the tax base provided by commercial zoning with which to support the infrastructure and services needed by these new residents The City Council should not favor the desires of newly annexed single family residents to avoid any development other than homes in their area, and acquiesce in their desire to push all of the traffic impacts and costs of their entry into the City onto other areas and residents of the City For all of these reasons, we urge the Council to approve Alternative 7, retaining the 8 acres of NCC, and giving the single family neighbors similar single family zoning for the property surrounding their homes, as well as environmentally sensitive open space Very truly yours, Bu k & Gordon LLP Yy By Am Kosterlitz Attorney for the Lottos ��✓// Attachment--TSI Letter Report cc Charlene Anderson Kim Adams Pratt Michael and Annie Lotto i\WPLLOTTO\CITY COUNCIL FINAL LETTER ALK DOC RECEIVED ION Innsportation Solunons,Inc 16310 NE 80th Street,Swte 100 APR 3 0 2002 Redmond WA98052..3861 1 E- 4 /S (425)8834134 (800)285-1134 J CITY OF IFENT FAX (425)867-0898 r { it PLANNING SERVICES April 23, 2002 = —' 0opi- GOR004 Mr and Mrs Michael Lotto Kent East Hill Nursery 11644 S E 240" Kent, WA 98031 Subject Lotto Property —Zoning and Comprehensive Plan Designation —Traffic Dear Mr and Mrs Lotto, Thank you for asking Transportation Solutions, Inc (TSI) to review the traffic aspects associated with the City of Kent's recons"idet"gtion of the annexation zoning and comprehensive plan designation for you property. The purpose of this letter is to illustrate the impact of your revised compromise proposal, Alternative 7, with eight (8) acres of Neighborhood Commercial (NC�and 14 acres of Single Family Residential (SR-6) zoning. We understand at this proposed zoning is less intense than the commercial and multifamily zoning ou had for the property in King County and less than your original proposal thafmvolved 11 acres of commercial with Multi- Family and Open Space This letter alsoxamines the viability of the Planning Commission's proposal of two (2) acres of coAmmercial zoning with 20 acres of SR-6 The approach to the impact analysis wao estimate the added traffic associated with the proposed zoning and evaluate its' impacT on the ad)acent and neighboring road network What our analysis shows is thaw( ough the trip generation associated with proposed zoning will add more traffic t the streets than if the zoning was single family, the immediate road network has tie capacity to easily accommodate this increase with minimal traffic impact Furhe ore, development of neighborhood commercial at this location will also se4to eep traffic localized rather than exacerbate the already congested traffic con itions at established commercial centers, particularly those located west amid south of the site. The approach to the viability analysis for the two-acre commercial proposal is based on a review of the City of Kent's drivew standards and the effect these standards have on site accessibility and developabiht-V i Mr. and Mrs Michael Lotto Page 2 April 23, 2002 Land Use The site is currently being used as a retail ursery Functionally eight acres are under active use A portion of the site near the_cree is not being used. m under consideration proposes about 14 acres as Single Family The zoning P P Residential (SR-6) and about 8 0 acres ;';!Neighborhood Convenience Commercial (NCC). Only about seven (7) acres of tl e S_4-6 will be developable due to slope restrictions and setbacks from the strearrif Fpj purposes of estimating trip generation, we have assumed a conservative development potential under this compromise zoning of approximately 60 single familylotsand 80,000 square feet of neighborhood commercial retail space As noted above, the City Planning Commission recommended the property o-zoned to single family (SR-6) with two (2) acres of neighborhood commercial. f Trip Generation An estimate of PM peak hour trip generation was prepared. This shows the proposed development is forecasted to generate about 305 new one-way PM peak hour trips, with about 145 PM peak hour vehicles per hour inbound and 150 PM peak hour vehicles per hour outbound Thdse trip estimates were based on trip rates from Trip Generation, 6`� Edition, in ac o dance with City of Kent traffic impact analysis guidelines This trip generation7forecast accounts for the following. • Neighborhood Commercial development that could include the types of uses described in the City Zoning codq including a convenience store, restaurant, general retail (drug, books, florislIN o, photo, computer supplies, etc), and gas stations. The size and zoning of is property would not permit development of a warehouse store like Costco or Wal-Mart • Traffic that is already passing by le ite or in the general vicinity of the property • The traffic already generated by ex xisting nursery. z- Accordingly this represents the net new fraffi added to the road network in the immediate vicinity of the site. But without placing this volume in context of the capacity of the road network the numbdr'ofJtrips is relatively meaningless. The analysis below demonstrates that taken in context, the traffic impacts of the proposed zoning will have only a minor effect at the adjacent intersection, which will continue to operate well, and will actually have somaeneficial effects on other, more congested intersections that are located away from the site. TSI lawortmoo solutions,Im Mr and Mrs Michael Lotto Page-3 Apn123, 2002 Level of Service The trip generation was evaluated using a methodology which examines the traffic volumes in the context of the intersection ion, traffic control, turning movements, and other traffic flow characteristics and which is defined in the Highway Capacity Manual, Transportation Research board, 1994 and 1998. The level of service is expressed as a ranking't ratjanges from Level of Service A (LOS A) which reflects minimal vehicle delay to LIS=F, which reflects very long delays Unlike grades in school, LOS-C is a very good condition. Even at LOS-D and E most cars get through the intersection without having to wait for a second green light Table 1 below summarizes the intersection level el of service criteria for signalized conditions In the immediate area of the site, the ex' ing level of service at the intersection of 116'Avenue SE at SE 240' Street was found to be LOS-C with an average vehicle delay of 27.0 seconds. In contrast, the ezistt7g level of service west of the site at the intersection of 104'Avenue SE at SE 240'--Street is LOS F with an average vehicle delay of 80 9 seconds during the PM peak hour As regular users of the 104°/240 ' intersection know, vehicles are often requir'dto wait for more than one green light during PM peak hours J able 1 Intersection L vel f Service Criteria Control Delay per Vehicle Intersection (Seconds) M31 Level of Service < 10 - j A >10 and < 20 :.-A 'l B >20 and < 35 C >35 and < 55 D >55 and < 80 1 -1 E > 80 P4 ''A F gj With full development of your property it our compromise zoning, the level of service at 116"'Avenue SE at SE 240'i' Sitree#will remain at LOS C, with an average vehicle delay of 29 8 seconds — less than�a o second increase over existing conditions. With the proposed zoning, the Ievel of service at the intersection of 104' Avenue SE at SE 240"' Street will improve slightly (1.5 seconds per vehicle). This is because the retail development on your property will intercept the trips that now travel to and from the west and south to'shop In other words, the neighborhood retail development on your property will serve the people in their neighborhood so they will not need to drive out of the area taccommodate many of their convenience retail needs TSI i Tlydwrfation Solutiom,Inc Mr. and Mrs. Michael Lotto Page`4 Apn123, 2002 If your property is not developed with thtypie of combination of neighborhood commercial and single family you propose, the convenience shopping needs of the existing and future residential developmei t in your neighborhood will need to be satisfied elsewhere. This will cause inters�c sins like 104'Avenue SE at SE 240'h Street and other congested intersections A e jand south of your property to operate at even poorer levels of service than theydo today. For example, the intersection of 104' Avenue SE at SE 240' Street will drop�om LOS F with an average delay of 80.9 seconds to LOS F with an average clela of 89.3 seconds of average vehicle delay. Another problem with forcing more traffi into these already congested areas is that the intersections are functionally built out t a mawmum. The option of widening intersections where all street frontages are d6eloped is limited and very expensive. By contrast, in the vicinity of your site, intersection widening concurrent with redevelopment is possible, particularly on 11'Avenue SE This means that drivers who currently traxel-to and from the west on SE 240"'Street would experience more delay and congestion if your property were developed exclusively as single family residential than if it is developed as a combination of Single Family with a moderate amount or convenience retail, such as you propose _1 A Table 2 Level of Sei is Comparison Intersection Existing Comon"cialfro Single W am home Family Zoning Zoning 116'Avenue SE at LOS- � LOS-C LOS-C SE 240t°Street (27.00 (29 8) (30 5) 104'Avenue SE at LOS-F LOS-F LOS-F SE 2401h Street (80 (79.4) (89 3) Two-Acre Neighborhood Commercial Viability The City of Kent Planning Commission recoimended a compromise zoning that called for two (2) acres of neighborhood commercial (NCC) with the remainder of the property zoned single family (SR-6). Jnfortunately, this compromise was developed during their proceedings and there was not time or opportunity for staff or the applicant to evaluate the viability of this 2pning During the public hearing staff expressed concern that a two-acre convenience retail site might be difficult to develop because of conflict with city driveway standards and the dimensions of the property, and we concur 0 TSI Laosportation Solutions,Inc Mr and Mrs. Michael Lotto Page 5 Apn123, Guuz To understand the staff concerns with the'two-acre commercial site, it is essential to understand the needs of a development on a-two-acre site A comer NCC site like the one proposed by the Planning Commission would support a small amount of convenience development like a convenience store with a gas station Such development is only viable if dnveway access can be provided on both site frontages (116' Avenue SE. and SE 240' Street) and'if the dnveway access can serve a full compliment of right and left turns Without this vehicle access flexibility, the convenience retail sales would be compromised to the point that such development would be financially infeasible. The two-acre NCC parcel is not large enough to permit a comparison retail user that could operate with limited access. i City driveway standards discourage driveways close to intersections on arterial streets by requiring setbacks from the intersection and restricting traffic movements. Both 116'h Avenue SE and SE 240' Street are classified as Minor Arterials On Minor Arterials, driveways cannot be located les'than 200 feet from the intersection (measured from the point where the curb'ra&s straightens out) Dnveway standards further restrict turning movements in and out of the driveways (no left turns) unless the driveway is located at least 300 feet away from a signalized intersection, = The project architect has indicated the two-acre NCC site would include frontages that are about 245 feet by 245 feet With landscape and setbacks from the adjacent residential development, the furthest a driveway can be from the intersection using a two-acre site would be 180 feet. This spacing is less than the minimum dnveway spacing cnteria Thus, the two-acre parc�l would be precluded from access except through the residential development Even if the two-acre site were to be shaped as a rectangle, there would only be the possibility of a single dnveway on one side of the parcel Regardless of the shape of the two-acre NCC site, the access limitations-would essentially leave this parcel vacant because logical users could not realistically develop a successful retail enterprise Even if a two-acre site could be-developed with the restncted access, cars would be forced to re-circulate through the intersection creating more congestion Thus, while the Planning Commission may have been attempting a good faith compromise when recommending the two-acre NCC parcel, the implication of their decision is to leave the two-acre site undevelopable, with poor circulation, or at best developable as Single Family Residential litre the remainder of the site An eight-acre NCC site would permit safe and logical access for a commercial development at this location. However, if the City Council does not see fit to allow your desired eight acres, it appears that reasonable driveway access could be provided on both site frontages if the NCC zoned parcel was about five (5) acres With this size of site, dnveways could be designed and located to be in compliance with City design standards and operate safely i TSI '&ortzhoo Soluuom,Inc Mr and Mrs Michael Lotto -age Apri123, 2002 Conclusions Based on this analysis, TSI finds that the ro osed zoning of convenience commercial and single family will have e f flowing benefits: • The immediately adjacent intersection will operate at LOS-C, a good level of service, because the mtersection`liasample existing capacity. • More even distribution of traffic 9p t street network to reduce overall driver delay. • Minimized impacts on already congested intersections west and south of your property. _ • Reduction in the length of conver ienqe trips that would otherwise be forced to drive to other retail centers tort wilaway • Introduction of traffic where warranted intersection capacity improvements are practical. The Planning Commission's recommendation for a two-acre NCC site could not be + developed as intended because the smallisized parcel could not comply with city driveway spacing requirements and devefoplrs of typical neighborhood commercial would not develop such a site without sdch access Thus this site would either remain vacant, have poor circulation tha�creates congestion, or would be developed as single family residential that would be defacto downzone of your property if their recommendation is adopted by the qiq Council. Based on these findings, we conclude that not only will the proposed neighborhood commercial/single family zoning have a minimal impact on the traffic in the immediate area of your site, but also it oulg have less area wide traffic impacts than the alternative of single-family zoning VJe Ancur that an eight-acre NCC zoning would work most effectively on your site Aut a five-acre NCC site would also provide sufficient property to comply with city d ' e y spacing and other development requirements. F I trust this provides you with an understanding of the effects of the zoning of your property to a mix of convenience retail amend single family residential If you or city staff have any questions, I invite you to call roe. k Sincerely, Transportation Solutions, Inc. David D. Markley Principal PmjectlLotto Zomng\L.otto 4-22-02 doc TSI - mwnwrtauon solamm,Inc Kent City Council Minutes April 2 , 2002 PUBLIC WORKS (CONSENT CALENDAR - ITEM 6C) (CFN-171) SW Quadrant S. 260th Street/Pacific Highway South. Adoption of Ordinance No . 3596 , should negotiations fail on the purchase of a portion of property at S . 260th Street and Pacific Highway South, as recommended by the Public Works Committee . Said property is associated with the SR99 Street Widening project . (CONSENT CALENDAR - ITEM 6E) (CFN-136) Sale of Surplus Public Works Equipment. Declare the Equipment Rental vehicles no longer needed by the City as surplus and authorize the sale thereof at the next public auction, as recommended by the Public Works Committee (CONSENT CALENDAR - ITEM 6H) (CFN-1259) 2001 Traffic Striping Contract. Accept the 2001 Traffic Striping project as complete and release retainage to Stripe-Rite upon standard releases from the state and release of any liens, as recommended by the Public Works Director The original contract amount and final con- tract amount was $50 , 704 . 53 . COMPREHENSIVE PLAN (PUBLIC HEARINGS - ITEM 5A) (CFN-1240&377) DeMarco Annexation Zoning and Comprehensive Plan - First Hearing. On March 11, 2002 , the Land Use and Planning Board held a public hearing on both the annexation zoning map amendments and the comprehensive plan land use map amendments for the DeMarco Annexation area The second hearing on this matter will be held on May 7 , 2002 Charlene Anderson of the Planning Department explained that the process for establishing initial zoning and comprehensive plan amendment is being repeated, based on a settlement agreement entered into in November 2001 between the City of Kent and the Lotto Toppano peti- tioners She noted that the Board deliberated on six options , four of which were looked at previously, one was the option Council had approved and repealed, and the other was a compromise proposal from the Lotto Toppano group . She said the Board recommended an amended version of Option Five, which is what the Council had initially adopted, the amendments being zoning the entire annexa- tion area as 6 units per acre with one exception which is 3 Kent City Council Minutes April 2 , 2002 CC:,.-REHENSIVE PLAN a two acre square at the northeast corner of the intersection of 116th and 240th which is proposed for Neighborhood Convenience Commercial zoning. Mayor White opened the public hearing. Michael Lotto, 11644 SE 240th, said he was told by the City that if annexed, he would be able to keep the same zoning as when it was in King County. He said Alternative 1 is his preferred alternative, but in order to make zoning more sensitive to single family home owners, he pro- posed Alternative 6 to the Board. He then proposed Alternative 7 which would voluntarily down zone the multifamily portion of the site to SR6 . He asked the Council to let him keep the NCC and MRT zoning he had in the County or accept Alternative 7 . Brent Carson, Buck & Gordon, representing Mr. Lotto, said it is unfair to down zone the site and said two acres is infeasible at the corner for a variety of reasons . He displayed a drawing of Alternate 7 and explained that it proposes SR6 zon- ing on the bulk of the property other than the eight acres on the corner that would be considered Neighborhood Commercial . David Markley, Traffic Engineer representing Mr. Lotto, noted that a preliminary review of traffic conditions has been done and that the results snow the intersection is operating at a very good level of service and that with Alternative 1 the level of service would stay the same. He said it makes sense to distribute commercial space so that traffic volume is also distri- buted, which the proposal would do . He said that the City' s driveway spacing requirements would preclude access to a two acre parcel . Maggie Potter, Buck & Gordon, 1011 Western Avenue , Seattle, said she has inter- viewed citizens regarding their views on Mr. Lotto ' s proposed zoning, and that the overwhelming indication is that they support his ability to use his property for commercial and multifamily townhouse zoning. She reiterated that Lotto ' s compromise is to not obDect to down zoning the balance of the property to SR6 if he is able to keep his eight acres NCC. She also noted that 482 letters of support have been submitted and submitted an additional 108 . ORR MOVED to make the letters part of the public record. Woods seconded and the motion carried. 4 Kent City Council Minutes April 2 , 2002 COMPREHENSIVE PLAN Ted Nixon, 420 W. Harrison Street, Suite 202 , said that the City' s vision for future growth and other documents state that commercial areas will become neighborhood focal points, with a mix of uses so that stores, offices and housing are in close proximity. Ted Kogita, 25227 Reith Road, said those who don' t fit into the City' s grandiose plan don' t get support . He said people should be able to use their land as they see fit . Tony Arnone, 15861 SE 132nd Place, Renton, spoke in support of putting residents within walking distance of neighborhood services, and said it is only fair that Mr. Lotto be given back the zoning he had in the County. Gina Martin, stated that 552 of the names on the list of Lotto supporters appear to be outside Kent or are listed as occupant rather than by name She asked the Council to consider the value of the home owners nearby, and said it was her impression that the City is focusing on revitalizing downtown Kent Betty Swanson said the area should remain single family and that business malls are not needed. Dan Withun, 12346 SE 236th Place, provided a list of 125 businesses in the area and said no more are necessary Sandra Matthews , 11828 SE 231st Place, said that Maggie Potter ' s comments on the phone were deceiv- ing. She urged the Council to support the recommendation voted on by the Planning Board on March 11 , which allows for 2 acres to be set aside for commercial and the remaining land would be zoned SR6 She also voiced concern about traffic Jean Lambert, 12451 SE 235th Street, spoke in support of the Land Use and Planning Board' s recommendation. Don Huling, 12320 SE 235th Street, outlined the history of the zoning in the area and spoke in opposition to strip malls and apartments . He submitted a letter and ORR MOVED to make it and the list of businesses a part of the record. Woods seconded and the motion carried Kathv Withum, 12346 SE 236th Place, said she could live with the Planning Board' s recommendation and that she does not frequent businesses in strip malls . Tom Bankord, 23702 116th Avenue SE, said he has experienced a drainage pronlem and that there is an eminent domain situation which needs to be resolved He added that 5 Kent City Council Minutes April 2 , 2002 COMPREHENSIVE PLAN traffic would increase and said the rezone should remain at 4 or 4 . 5 . McKenna Martin, expressed concern that higher zoning would result in overcrowded schools, danger to children because of the crime rate in apartments and commercial areas, and loss of wildlife. She urged the Council to vote for SR6 or less . Lena Teeter, 23607 120th Avenue SE, spoke in support of Mr. Lotto ' s request to restore the zoning he had in the county. She said he has followed all the rules and yet lost the value of his investment . She asked the Council to return the original King County zoning or to vote for Alternative 7 Joe Rubio, 3831 SE 248th, said Mr. Lotto should not have to compromise and that the taking of property by government is unconstitutional Ron Harmen, P.O. Box 1384, Kent, member of the Land Use and Planning Board, explained how the compromise was arrived at and said two acres is adequate for ingress and egress There were no further comments and CLARK MOVED to close the public hearing. Woods seconded and the motion carried. ORR MOVED to make the map of Alternative 7 a part of the record. Woods seconded and the motion carried. Upon Woods ' request, Satterstrom explained that after an area is annexed, interim zoning holds it in a low density zoning until permanent zoning is applied He emphasized that staff is very careful about what is said regarding future zoning because there is a process to go through to determine the zoning . INFORMATION TECHNOLOGY (CONSENT CALENDAR - ITEM 6F) (CFN-1155) Council Chamberp Audio And Visual Equipment Purchase And Installation. Authorization to award the equipment purchase for Council Chambers audio and video equipment to VMI Inc . in an amount of $53 , 000 and to award installation of the equipment to J.W. Teltronics in an amount of $33 , 000 , subDect to review and approval of the contract documents by the City Attorney 6 COMMUNITY DEVELOPMENT Fred N Satterstrom, Community Dev Director PLANNING SERVICES • Charlene Anderson,AICP, Manager KENT Phone 253-856-5454 WASHINGTON Fax 253-856-6454 Address 220 Fourth Avenue S Kent,WA 9SO32-5895 LAND USE & PLANNING BOARD MINUTES PUBLIC HEARING March 11, 2002 The meeting of the Kent Land Use and Planning Board was called to order by Chair Terry Zimmerman at 7 00 p in on Monday, March 11, 2002 in Council Chambers of Kent City Hall LUPB MEMBERS PRESENT STAFF MEMBERS PRESENT Terry Zimmerman, Chair Charlene Anderson,AICP,Planning Mgr David Malik, Vice Chair Kim Adams-Pratt,Asst City Attorney Steve Dowell Leonard Olive,Dev Mgr, Public Works Engineering Nicole Fetcher Pamela Mottram, Administrative Secretary Ron Harmon Jon Johnson Les Thomas APPROVAL OF MINUTES Jon Johnson MOVED and David Malik SECONDED to approve the Minutes of February 11, 2002 with one correction to add Jon Johnson's name to the LUPB members present Motion CARRIED ADDED ITEMS TO THE AGENDA None COMMUNICATIONS None NOTICE OF UPCOMING MEETINGS Planning Manager Charlene Anderson stated that an open house will be held at 7 30 a m , 11 30 a in and 6 00 p in Thursday,March 21 on the Kent Station Project to invite public comment Ms Anderson stated that the City of Bonney Lake will conduct a session on local planning Thursday, March 14 from 6 30-9 30 p in in Bonney Lake City Hall at no charge She stated that the agenda includes Conduct at Public Meetings, Liability, Role of the Planning Commission or Agency, and a Design Review Case Study Ms Anderson stated that there would be a Short Plat Committee meeting Thursday, March 14 at 11 00 a in There will be a Planning Committee meeting March 19 at 3 00 p in to discuss the 2002 Comprehensive Plan Update #AZ-2001-1/#CPA-2001-1 DEMARCO ANNEXATION ZONING Ms Anderson stated that this issue has returned to the Board for zoning and comprehensive plan amendment reconsideration as part of a settlement agreement Ms Anderson stated that the DeMarco Annexation area was affective July 1, 2001 and is located within an urban growth area She stated that the DeMarco site is located on Kent's East Hill between 116th and 132nd from 240th Street north to 231st Place on the west and 233rd Street on the east Ms Anderson stated that staff brings six options before the Board for consideration She stated that the option City Council adopted last year via Ordinance was appealed December 2001 Ms Anderson stated that the Lotto/Toppano petitioners are proposing Alternative #6 She stated that staff is recommending Alternative #4, the same proposal they initially recommended last year Land Use and Planning Board Minutes March 11, 2002 Page 2 of 13 Ms Anderson described Alternatives 1 through 6 • Alternative 1 proposes a comprehensive plan land use map designation of Neighborhood Services with a zoning designation of NCC, Neighborhood Convenience Commercial for the Lotto/Toppano properties located at the northeast corner of 116th and 240th Ms Anderson stated that property to the East will be designated with a Low Density Multifamily land use designation with a MRT-16 zoning designation (Multifamily Residential Townhouse District) on the 8 8 acre and 4 76 acre parcels just east and northeast of this property Ms Anderson stated that the remainder of the area will be designated Single Family Residential, 6 units per acre on the Comprehensive Plan Land Use Map with zoning designations of SR-6 and SR-4 5 Ms Anderson stated that Alternative One matches pre-2000 King County zoning designations with the closest equivalent City of Kent zoning designations Ms Anderson stated that King County changed the zoning designation to recognize commercial for the Kent East Hill Nursery site in 2000 • Alternative 2 provides a Comprehensive Plan land use map designation of Low Density Multifamily for three properties located at the northeast corner of 116th and 240th and a zoning designation of MRT-16, Multifamily Townhouse zoning, 16 units per acre Ms Anderson stated that the remainder of the site would have a Comprehensive Plan land use map designation of Single Family Residential, (6) six units per acre and a zoning designation of SR-6, 6 05 Single Family Dwelling units per acre, and SR-4 5,4 53 Single Family Dwelling units per acre • Alternative 3 provides a Comprehensive Plan Land Use Map designation of Neighborhood Services at the northeastern corner of 116th Avenue SE and SE 240th Street with a zoning designation of NCC, Neighborhood Convenience Commercial Ms Anderson stated that two adjacent properties to the east will be given a Comprehensive Plan Land Use and Zoning Map designation of Low Density Multifamily, MRT-16 (Multifamily Residential Townhouse District) The remainder of the site would be SF-6/SR6, Single Family Residential, 6 dwelling units per acre • Alternative 4 is the option staff recommends This alternative provides a Comprehensive Plan land use map designation of Low Density Multifamily for the three properties at the northeast corner of 116th and 240th with a zoning designation of MRT-16, and a Zoning and Comprehensive Plan land use map designation of SF-6/SR6, Single Family Residential, 6 dwelling units per acre for the remainder of the properties • Alternative 5 provides for a comprehensive plan land use map designation of Single Family Residential, six dwelling units per acre for the entire site and a zoning designation of Single Family Residential, SR-6 or SR-4 5 Ms Anderson stated that this was the option adopted by City Council last year However, the ordinance was repealed and the process reopened • Alternative 6 is the option requested by the Lotto/Toppano property owners This alternative provides a Comprehensive Plan Land Use Map designation of Neighborhood Services at the northeast comer of 240th and 116th, extending to the western boundary of a wetlands stream/sensitive area to the east, with a zoning designation of NCC,Neighborhood Convenience Commercial The remainder of the Lotto/Toppano property would be given a land use map designation of Low Density Multifamily Residential and a zoning designation of MRT-12, Multifamily Residential Townhouse District, 12 dwelling units per acre The property immediately north of the NCC-designated area would be designated Open Space with zoning of SR-1 Ms Anderson stated that the remainder of the site would be given a Comprehensive Plan Land Use Map designation of SF-6, Single Family Residential, 6 units per acre, and a zoning map designation of SR-6 and SR-4 5 units per acre Ms Anderson stated that staff has proposed the use of a Neighborhood Services designation with Neighborhood Convenience Commercial in some of the options This designation incorporates the use of small scale, neighborhood oriented shops adjacent to selected rights-of-way in high-density neighborhoods Land Use and Planning Board Minutes March 11,2002 Page 3 of 13 Ms Anderson stated that staff is not recommending a Neighborhood Services designation as there already is a commercial designation south of this area on the southeast comer of 240th and 116th Ms Anderson stated that the surrounding neighborhood is generally designated single family residential with from one to three dwelling units per acre to the southeast and southwest of the annexation She stated that staff recommends an MRT-16 zoning designation at the northeastern comer of the SE 240th/I16th Avenue intersection under Alternative 4 Ms Anderson stated that this zoning designation would bolster the viability of the Neighborhood Services designation at the southeastern comer, promote additional home ownership opportunities, and promote a land use pattern that supports public transportation She stated that this designation would create a buffer from the impacts of the intersection on the lower density neighborhoods in the remainder of the annexation area Ms Anderson stated that an MRT-16 zoning designation on all three parcels would allow for a unified development proposal with better management of the sensitive areas on the site Ms Anderson stated Alternative 4 would allow an overall single family residential density of six units per acre, recognizing this as an urban growth area and supportmg urban densities The SF-6/SR-6 comprehensive plan land use and zoning designations provide a means for developing at a somewhat higher level than is currently allowed Ms Anderson stated that staff recognizes that much of the area consists of larger lot subdivisions She stated that it is unlikely that these lots would be subdivided within the next ten-year timeframe, but by allowing for a designation of six dwelling units per acre,redevelopment could occur Ms Anderson stated that not creating another commercial designation at this intersection recognizes and supports the existing major commercial operations at the activity center intersections of 240th and 104th . and 132nd Avenues Southeast Board member Dowell asked Charlene if the property to the east of the Lotto/Toppano property heading down hill-was declared open space by the County in their comprehensive plan In response to Board member Dowell, Ms Anderson stated that the County had property specific development standards and special district overlays for the property lying east of the Lotto/Toppano property Ms Anderson stated that one of the County's overlays relates to the retention of significant trees She stated that King County attached property specific development standards These standards designated the natural area on the Lotto/Toppano property as permanent open space and indicated that the open space shall not comprise less than 30% of the total sites Ms Anderson submitted the following Exhibits for the record • Exhibit#1 -Response letters from approximately 628 residents relating to the Lotto Property Zoning, supporting the NCC, Neighborhood Convenience Commercial zoning for the northeast corner of the Lotto property with Multifamily Townhouse zoning for the remainder of the site • Exhibit #2 - Correspondence from Amy Kosterlitz with Buck and Gordon, Attorneys for Lotto/Toppano discussing the appropriate comp plan designation and zoning • Exhibit #3 - Correspondence from Russell Hanscome, Exe Dir of Arbor Village Retirement and Assisted Living, supporting the Neighborhood Convenience Commercial designation and the MRT Townhouse zoning • Exhibit #4 - Correspondence from Frederick Mendosa with Curran Mendosa Attorneys, supporting Neighborhood Convenience Commercial and Multifamily Townhouse zoning • Exhibit#5 -Correspondence from Mark Beacraft, does not support Mr Lotto's zoning request • Exhibit#6 - Correspondence from Kathy Withem, supports Alternative#5 • Exhibit#7 - Correspondence from Mr Donald Becker does not support Mr Lotto's zoning request • Exhibit #8 - Correspondence from Dr and Mrs James Dupree, requesting Commercial, Multifamily zoning of his property at 12126 Southeast 240th • Exhibit #9 - Correspondence from Stephen and Debora Mackey, supports Alternative #5 and opposes Commercial or Multifamily Land Use and Planning Board Minutes March 11,2002 Page 4 of 13 • Exhibit #10 - Correspondence from Christine Hawkes-Lewis and Joseph Paolino, Supports Alternative #5 • Exhibit#11 - Correspondence from Charles Adams supports Mr Lotto's zoning request Ron Harmon MOVED and David Malik SECONDED to open the public hearing Motion Carved Chair Zimmerman declared the public hearing open Mike Lotto, 11644 SE 240th, Kent, WA stated that he has owned property for 25 years at the northeast corner of 116th and 240th, which includes a commercial nursery on eight acres Mr Lotto stated that the County gave this portion of his property a commercial zoning designation He stated that the balance of his property has been zoned Multifamily and MRT-16 for several years Mr Lotto stated that the City of Kent had told him that if they annexed their property to the City, they would be able to retain their existing zoning He stated that the Board formerly recommended Alternative #1, which supported the existing neighborhood commercial and multifamily zoning on his property Mr Lotto stated that his new proposal, Alternative #6 proposes a permanent two-acre open space buffer between the single-family residential developments and the commercial He stated that Alternative #6 offers a lower density townhouse zone,which allows for condominium development and not apartments Board members Malik and Thomas asked Mr Lotto if he had received correspondence from the City of Kent indicating that the City intended to preserve his current zoning Mr Lotto indicated that he was told it is the City's policy to take in property as it is already zoned through annexations, but that he did not have this in writing Amy Kosterlitz, 1011 Western Avenue#902, Seattle, WA 98104 stated that she works with the firm of Buck and Gordon and represents Mike Lotto Ms Kosterlitz reaffirmed the long time zoning and use of the Lotto Kent East Hill Nursery property and the surrounding property as the proper annexation zoning in Kent She stated that she supports the Board's prior recommendation of NCC and MRT Ms Kosterlitz stated that the new Alternative #6 incorporates additional protections for the neighbors She stated that the City of Kent has a sensitive areas ordinance with strong buffer requirements and that over seven acres of this site cannot be developed due to wetlands, streams and buffers Ms Kosterlitz stated that the Neighborhood Commercial and Multifamily Townhouse zoning is the type of zoning envisioned by the City of Kent's Comprehensive Plan The Comprehensive Plan's Land Use and Transportation policies support denser nodes of development at arterial intersections, creating opportunities for a variety of housing and multi-model transportation, and opportunities for pedestrian friendly mixed-use developments Ms Kosterlitz stated that single family zoning at such an arterial is unrealistic due to the increase in traffic as a result of the commercial development, which is going to occur across the street Ms Kosterlitz stated that single family zoning would contravene most of these policies, including the City's policy of providing a variety of housing types in annexation areas such as this area Ms Kosterlitz stated that because of prior concerns voiced by the Board, her firm hired a traffic consultant who analyzed traffic impacts at this site and determined that the proposed type of project would not degrade the level of service at this intersection Ms Kosterlitz stated that she believes that the correct recommendation was made at the time this proposal was first presented to the Board and that this new proposal considers the sensitive area issues Maggie Potter, 1011 Western Ave. #902, Seattle, WA 98104 stated that she actively interviewed neighbors who reside from Southeast 227th Street to Southeast 244th Street and from 112th Avenue Southeast to 124th Avenue Southeast She stated that she has explained Mr Lotto's proposal to them, obtaining their viewpoints Ms Potter stated that these interviews indicated that large majorities of Land Use and Planning Board Minutes March 11,2002 Page 5 of 13 neighboring citizens support Mr Lotto's request to be able to use his property for commercial and multifamily zoning Ms Potter stated that these neighbors recognize the long-standing commercial use on the site and these people desire the availability of goods and services in their community She stated that these neighbors believe that the City of Kent should not down zone property after it is annexed into the City Ms Potter stated that she has been able to quell concerns that apartments might be developed in this area when she explains that MRT-12 Townhouse zoning allows for the construction of condominiums and not apartments Ms Potter stated that neighbors were pleased when told that acreage must be set aside as undeveloped so as to protect streams and wetlands, and to provide open space buffers between the commercial and residential sites Ms Potter stated that the City has received over 600 letters supporting Mr Lotto's zoning request and urged the Board to consider these submissions Sandra Mathews, 11828 SE 231st Place, Kent, WA questioned the justification in building new retail space since Kent's East Hill has many existing unoccupied spaces for rent She stated that she has contacted a number of property managers representing those available properties who have indicated that these spaces are unoccupied because supply is greater than the demand Ms Mathews stated that the best interests for the residents of our community is to retain a high quality of life which includes preserving the wildlife, wetlands and retaining this area's peaceful environment Ms Mathews cited increased traffic congestion and other safety issues, which could jeopardize the quality of life they now enjoy She stated that the residents in her community support Alternative #5 with SR-6 zoning Jean Lambert, 12451 SE 235th St., Kent, WA stated that she is one of the residents who initiated the DeMarco annexation process stating that a major factor for being annexed to Kent was the belief that the City would respond to input from its residents She stated that the support for Mr Lotto seems strong but indicated that the support letters are signed by residents from Issaquah, Renton,Normandy Park, Sumner, and Covington, to name a few, noting that there are several pages that indicate "occupant" support as the signatures are illegible Ms Lambert submitted over 125 support letters for the record, as Exhibit #12, some with multiple signatures of residents living within or adjacent to the DeMarco Annexation area, within Kent's boundaries Ms Lambert stated that there were many presentations made to the Land Use and Planning Board and the City Council She stated that these presentations covered documented concerns on increased traffic and safety issues, stress on the four overcrowded schools, preservation of wildlife and wetlands The City Council saw, in her belief,the wisdom to rezone this area for single family homes Ms Lambert asked the Board to consider supporting the decision the Council originally made in September 2001 to zone the entire area, as Single Family Residential, SR-6 which will signal Board support for the majority of the land owners within the DeMarco Annexation area Bill Moore, 12305 SE 237th Place, Kent, WA stated that he represents the Oakdale development He stated that his neighbors are concerned with the overcrowding that the four area schools are experiencing and which would be exacerbated by single family residential development Mr Moore stated that his community signed the DeMarco Annexation with the belief that the City would implement a comprehensive plan for development unlike what they were seeing in the County Mr Moore stated that it was the consensus of his community that they moved to this area to live in a rural setting and not in a commercial, over densely populated area Land Use and Planning Board Minutes March 11, 2002 Page 6 of 13 Tony Arnone, 15861 132nd Place SE, Renton, WA stated that he has lived on the East Hill in the Fairwood development for 67 years and supports Alternative #6 He stated that he believes this option provides additional commercial services in an area where commercial activity already exists, within walking distance from residential areas and does not increase traffic congestion Janet Hoffman, 24115 120th Avenue SE, Kent, WA stated that she resides across from the annexation area on 240a` Avenue She voiced support for Alternative #6 with commercial zoning on the comer so that services will be conveniently located close to residential areas within walking distance, Doug Peterson, 25323 121st Place SE, Kent, WA stated that he has lived in the community 11 years, thirteen blocks south of the annexation area He stated that he represents the Martin Sortim Elementary School PTA as their Co-President He stated that as the elected representative of 158 parents and 37 teachers from Martin Sortun, this school would be directly impacted by the development of new homes Mr Peterson stated that Martin Sortun is already overcrowded, using portables, hallways and storage rooms to absorb the overflow Mr Peterson stated that any new elementary age children would move into Martin Sortun if their home were built in the DeMarco Annexation worsening an already critical overcrowding situation He stated that the PTA adamantly opposes multifamily development within the DeMarco Annexation boundaries and would prefer no further development at all Makenna Martin, 23628 116th Avenue SE, Kent, WA stated that she is eleven years old and has heard a lot about the DeMarco Annexation She stated that if this property were zoned R-12, 14, 16 or 18, it would have a negative effect on the neighborhood kids Ms Martin stated that if the Board decides to place condominiums, town homes or apartments on this property, it would increase the already overcrowded conditions in the Martin Sortun Elementary School and eventually Meridian Junior High Ms Martin stated she lives on two acres next to the annexation area She stated that the Board needs to carefully consider their decisions Ms Martin stated that development of apartments, retail, commercial and multifamily could place her, her brother and many of the kids in the area in danger She stated that crime rates are three times higher in these types of developments than in single family residential areas Ms Martin stated that she sees the beautiful wetlands from her home along with the pheasants, the red tailed hawks, ducks, geese and other wildlife She stated that she does not want the wetlands to be destroyed Ms Martin stated that she is in attendance to inform everybody how much all of them care for this area Lena Teter, 23607 120th Avenue Southeast, Kent, WA stated that she owns 4 75 acres of property zoned R-6, located adjacent to the MRT portion of the Lotto property She voiced support for Alternative #6 stating that Mr Lotto should be able to retain his original zoning, obtained legally according to the Growth Management Act and as she understands it, is in compliance with the Kent Comprehensive Plan Ms Teter addressed the concern which implied that Mr Lotto should not have commercial zoning due to a high rate of existing commercial vacancies in the area She stated that she and her husband had owned commercial and multifamily property in this area for over 30 years and she still owns two professional buildings in Kent Ms Teter stated that many factors govern vacancies, it can be the building, location, management or pricing, but mostly vacancies are based on an economic business cycle, Ms Teter stated that the demand for space could turn around in a short time She stated that as the economy turns around, the demand for space would turn around Ms Teter stated that to base zoning on temporary conditions is shortsighted Ms Teter voiced her concern with what single family residential development would do to impact schools, stating that it would be reasonable to develop condominiums to attract retired and single people Ms Teter stated that her property forms the northern boundary (236th on the north and 120th on the east) of what would be the MRT-12 section Land Use and Planning Board Minutes March 11,2002 Page 7 of 13 Kim Scott, 11623 SE 231st Place, Kent, WA stated that she supports SR-6 zoning and voiced her concern with school overcrowding and the increase in cnme, citing that her husband's car parked off 248v' at a park and ride lot, near an apartment complex, was broken into Just that morning Ms Scott stated that an increase in construction would destroy the rural areas David Swanson, 27228 120th Ave. SE, Kent, WA stated that he grew up within the DeMarco Annexation area at 11824 SE 236t' and has lived in Kent with his family his entire life Mr Swanson stated that two years ago it was his understanding that King County granted his neighbor Mr Lotto, permission for a legal yet nonconforming business on his property Mr Swanson stated that he has observed a decline in the wetlands over time, as ponds and ditches have been drained and wetland plants mowed down by tractors Mr Swanson applauded the young lady who spoke about preserving the animal habitat and the wetlands He stated that the wetlands and animals that inhabit those wetlands should be studied more. Mr Swanson voiced his desire to have these Wetlands incorporated as part of the Clark Lake Park and left undeveloped Mr Swanson voiced concern with school overcrowding, urging the Board to consider the quality of life for this community when considering this issue Julie Reece-DeMarco, 13004 SE 234th St., Kent, WA stated that she grew up in the DeMarco Annexation area She stated that over 150 people within her community petitioned the County in August 2000 The petition was generated in an attempt to bring serious traffic and pedestrian safety issues to the County's attention, as it relates to the inadequacy and unacceptability of the residential roads for handling traffic impacts Ms De-Marco submitted this petition for the record as Exhibit# 13 Ms DeMarco stated that she supports SR-6 Ms DeMarco spoke at length on serious traffic and pedestrian safety issues as well as school overcrowding concerns She cited the numerous commercial business vacancies that Kent East Hill is currently expenencing and has experienced over the last 30 years Kathy Withem, 12346 SE 236th Place, Kent,WA stated that she supports Alternative#5, Single Family Residential, urging the Board to return a recommendation to the Council, supporting Council's earlier decision, which recognized the desires of the home owners living in the impacted area Ms Withem stated that what Mr Lotto would like to do with his property is no longer feasible She stated that she has not heard any plan that would mitigate school or traffic impact concerns if commercial and multifamily development occurs Dan Withem, 12346 SE 236th Place, Kent, WA stated that he supports Alternative #5 which appears compatible with the surrounding neighborhood, although at six units per acre, this alternative mould still stress the Junior high school and the grade schools in the area Mr Withem stated that he enjoys the wildlife in the area He stated that numerous commercial retail businesses currently exist east on 240th east to 132nd Avenue Southeast Mr Withem cited some of these businesses as QFC, Rolands Cleaners, Martix Pharmacy, Edwards Jones Investment, Blockbusters, Meridian Eye Clinic, 76 Mini-Mart/Gas Station, 7-11 Mini-Mart/Gas Station, Kent East Hill Physical Therapy, Papa Johns, Prudential Insurance, Hair Masters, Dance Academy, Teriyaki Restaurants, Kim Marshall Arts,Jay's Tannmg Mr Withem stated that west of I I6th on 240th at 108th,just a few of the businesses which exist are 7-11 Mini-Mart/Gas Station, Asian Choice Restaurant, York Pizza, Firestone Tire Store, Benson Vetennary Clinic, Mail Boxes of Kent, We Care Cleaners, Best Laundromat, McDonalds/Chevron Mini-Mart-Gas Station, Mud Bay Grainery Pet Stores, Marshall Art Studios, Check Cashing Stores and at 104th we have Fred Meyers, Schucks Auto, Texaco Mini-Mart/Gas Station, 76 Circle K/Gas Station, Rite Aid, Washington Federal Savings, US Bank, Golden Steer Restaurant, SoHo Teriyaki, Jack in the Box, Hollywood Video, A& H Hallmark card stores,Booksale World, Valley Harvest Land Use and Planning Board Minutes March 11,2002 Paoe 8 of 13 Debora Mackey, 12334 SE 236th Place, Kent, WA stated that she has lived in this area over 11 years and appreciates the rural feel of the area She stated that she has one child in elementary, one in Meridian Junior High and one at Kentwood and has seen the overcrowding in the schools She stated that she would like to see the wetlands preserved Ms Mackey stated that she supports the recommendation to retain SR-6 zoning Ted Nixon, 911 E. Temperance St., Kent, WA stated that he has practiced architecture for 27 years in Kent He stated that Kent has created an agreement with adjoining cities, governments and Kent's citizens to protect Kent's rural areas although Kent officially is not designated as a rural area Mr Nixon stated that this agreement is encapsulated in the Comprehensive Plan and believes that the City should adopt NCC,Neighborhood Convenience Commercial and MRT-12 zoning, which would allow for a variety of residential housing in the surrounding annexation area Mr Nixon stated that the City of Kent's Comprehensive Plan states that every resident, where practical, should be able to walk to shopping He stated that according to the Sierra Club's growth management analysis, the walking distance should be no more than half a mile He stated that the distance between 104th and 132nd is two miles Mr Nixon stated that for most goods and services, the City is now forcing people to travel onto 240th and down to 104th which currently experiences traffic congestion problems Mr Nixon stated that 116th and 240th is recognized as a major intersection and the Comprehensive Plan specifies that NCC zoning should be established at these major intersections Mr Nixon stated that this intersection is served by bus and is a logical location for this type of zoning as 116th connects directly to the 277th Corridor and 240th is a four lane road Mr Nixon stated that based on the City's Comprehensive Plan concerning the protection of wetlands and sensitive areas, it indicates that MRT zoning should be used to provide cluster types of development Mr Nixon stated that to protect this neighborhood, the owner has indicated that he will provide open space Mr Nixon urged the Board to recommend supporting open space zoning for the Lotto portion of the DeMarco Annexation area Mr Nixon stated that Kent's MRT-12 zoning only allows condominiums He stated that in looking at development, development densities, setbacks, and parking requirements need to be considered which could restrict a residential townhouse development to no more than 36 residential units Mr Nixon stated that if this property were zoned SR-6, over 100 single family residences could be developed which would have a much greater impact on the local schools and services In response to Mr Thomas, Mr Nixon stated that to his knowledge the City plans to build a skate board park on the southwest corner of 240th David Markley, 16310 NE 80th St., Redmond, WA 98052-3861 stated that he works for Transportation Solutions Incorporated, a firm specializing in short range transportation planning, traffic operations and analysis He stated that he performs studies, including neighborhood subarea plans, comprehensive plans and analysis of impacts on private development Mr Markley stated that based on experience, his firm believes that they have an understanding of the relationships needed to consider appropriate zoning He stated that only zoning and not development is under consideration at this time, therefore, the details of impacts will be assessed during a thorough review under SEPA Mr Markley stated that he prepared a conceptual analysis to look at the impacts of additional traffic as it relates to various zoning considerations for the DeMarco site He stated that the analysis indicated that a commercial development would generate more traffic than a single-family development Mr Markley stated that in evaluating traffic patterns both in the immediate area, as well as area wide, the rater-relationships of ongins and destinations of trips must be considered Mr Markley stated that traffic studies for the intersection at 116th and 240th indicated that this intersection functions at a Level C based on highest levels of service measured from A down to F Land Use and Planning Board Minutes March 11, 2002 Page 9 of 13 Mr Markley indicated that if Mr Lotto's zoning proposal Alternative #6 were approved, the level of service in this area would remain at C He stated that in evaluating Benson Road and 240th he found it to be operating at a low level of service of E to F Mr Markley indicated that the level of service would deteriorate further if Mr Lotto's zoning proposal were not approved Mr Malik voiced concern over increasing traffic congestion in the morning and evenings near the schools and as a result of potential commercial development on Mr Lotto's comer property Mr Markley stated that by consolidating commercial within the neighborhood, it allows for diverted link trips, serving to reduce traffic congestion at other intersections, as this type of development intercepts traffic that would otherwise have to travel down through heavily congested areas for goods and services Mr Markley stated that vehicle delays at the intersection of 116th and 240th will increase from only 25 to 27 seconds if Mr Lotto's rezone is approved as compared to Benson Road which currently operates at about an 80 second average vehicle delay He stated that if this rezone does not gain approval, the average vehicle delay on Benson Road could increase to 90 seconds M.F. Johnson, 12229 SE 234th St., Kent, WA stated that his family has lived in Kent since 1967 and voiced his support for SR-6 zoning He stated that the quality of life is good and he would like to see it remain that way Karen Merle, 23515 128th CT. SE, Kent, WA stated that she supports Alternative #5, as there is no other alternative that would provide less density and designate the entire annexation area as single family residential, six dwelling units per acre Ms Merle stated that she recommends this alternative as she believes the DeMarco Annexation area is mostly a single family housing community She stated that such a community is in the best interest of preserving the quality of life, schools and transportation infrastructure within and around the area Ms Merle read a letter submitted by her husband who was unable to attend Mr Merle's letter summarized the reasons he supports Alternative #5 and recommends that an alternative be considered for even lower housing densities then Alternative#5 provide, as many homes in this area are on larger parcels of land Mr Merle's letter indicated that he is not in favor of any type of commercial business activity on any of the comers of 116th Avenue Southeast and 240th Street Carol Fuchs, 12125 SE 236th St., Kent, WA stated that she lives four houses up from 120th and the wetland area She stated that she believes that Mr Lotto's business has not had a detrimental effect on the wetlands and he has been a good neighbor Ms Fuchs stated that the type of development occurring in this area could create negative impacts on the wetlands and its wildlife Ms Fuchs stated that she would like the junior high to be involved in learning about and maintaining the wetlands She voiced her concern over the potential of higher density impacts to the schools if residential development occurs Rodney Bishop, 24314 135`h Avenue Southeast, Kent, WA stated that he has lived close to the Lotto property for 42 years and has watched the area change dramatically He stated that he has done business with Mr Lotto and is delighted with having a neighborhood commercial operation close to his home Mr Bishop stated that it was his understanding that when the City of Kent incorporates an annexation that they retain the zoning on that land as it exists at the time the annexation occurs Mr Bishop stated that he believed the Board originally favored Alternative#1, which made good sense at that time Mr Bishop stated that Mr Lotto has changed his zoning request in order to accommodate the wishes of the general community Mr Bishop stated that he believes that neighborhood commercial services are needed at the intersection, voicing support for entry level housing such as MRT-12, Multifamily Residential Townhouse Land Use and Planning Board Minutes March 11,2002 Page 10 of 13 Tom Bankord, 23702 1161h Avenue SE, Kent, WA 98031 stated that his property is adjacent to and on the northwest comer of the property proposed for rezoning by the owners of Kent East Hill Nursery He stated that at the time he purchased his property in 1986, he inquired about proposed changes to commercial uses in the surrounding area and none was brought to his attention at that time He was informed two months after beginning escrow proceedings that Mr Lotto intended to build a commercial nursery on 2 5 acres Mr Bankord stated that the nursery property has adversely affected his property the most He stated that the nursery property has been filled considerably and slopes towards his property, creating a drainage problem Mr Bankord stated that noise is generated from vehicles and equipment on the business site during the day and sometimes during the evening He stated that if any type of commercial business were developed on that comer, traffic would increase dramatically Mr Bankord voiced support for SR-4 5 zoning Martin Durkin Jr., 22401 Sweeney Road, Maple Valley, WA stated that he has been a land use consultant for twenty years, having worked on the 277 h Corridor and the Justice Center He stated that today,the 277 h Corridor serves as a fundamental part of Kent's transportation system, used by thousands of individuals daily He stated that the Kent Justice Center has been a magnet to attract business to the Kent downtown area Mr Durkin stated that Mr Lotto's property was zoned R-18 in King County and if King County had been aware that Kent intended to down zone this property to R-6,King County would not have allowed Kent to annex this property Mr Durkin stated that Mr Lotto has run a commercial business at this location for twenty years with a commercial zoning designation obtained from the County in 2000 Mr Durkin stated that if Mr Lotto's property were down zoned, it would become a nonconforming use and banks do not give loans for nonconforming uses, which could be a determent to Mr Lotto if he wished to repair or expand his business Mr Durkin stated that he favos Alternative #6 and would like to see a balance of residential and commercial zoning to allow Mr Lotto to continue his operations Mr Durkin stated that residential properties do not pay for themselves, but that commercial property will help pay for schools Mr Durkin urged the Board to deliberate in a fair manner In response to Mr Thomas, Mr Durkin stated that he believes the City of Kent had posted a general comment letter on their web site The comment indicates that the City of Kent will assign the closest possible zoning from what a property owner had at the time of annexation Darlene Jevne, 23636 120`h SE, Kent, WA stated that she owns five acres on 120th with wetlands and a pond across from Mike Lotto She stated that she supports SR-6 or lower and does not support commercial Ms Jevne said that in the 35 years she has lived in Kent, City Council has chosen to change zoning, which has taken away all the agricultural land David Malik MOVED and Nicole Fincher SECONDED to close the Public Hearing Motion CARRIED. Leonard Olive, Development Manager, with Kent, Public Works Engineering stated that a commonly used method to measure how intersections are functioning is through "A through F" levels of service grading system Mr Olive concurred with Mr Markley that the level of service is rated "C" at the intersection of 116th and 240th Mr Olive stated that the City measures traffic flow based on p in peak hours and not on daily trips He stated that the nature of the business is important in evaluating what traffic patterns may occur Mr Olive addressed concerns at length from the Board regarding impacts to the schools with the increase in vehicular travel near the schools and how a commercial development on the corner of 1401h and 116'h could impact traffic Land Use and Planning Board Minutes March 11, 2002 Page 11 of 13 Board member Fmcher asked how rezonmg the entire area for single family residential, six units per acre could impact traffic, with the potential of additional 100 new homes in the area Mr Olive stated that the nursery site currently generates about 60 p in peak hour trips and if the entire acreage were developed with single family, the p m peak hour trips could double to approximately 114 Mr Olive stated that if the City combines NCC zoning on the comer with MRT-16 to the east, this could potentially generate 320 to 760 vehicular trips Mr Olive emphasized that he could not hypothesize unless he knows the nature of the business and its propensity to generate a new trip on the system rather then utilize one that is going by there anyway Mr Olive stated that MR-12 zoning could potentially generate 152 trips and MRT-16 could generate approximately 176 tnps Mr Olive stated that the City's current model estimates that 2600 cars enter that intersection from all four directions during our p m peak hour Ms Anderson referred to the Zoning Code in listing types of businesses allowed in the NCC zone In response to the Board members, Asst City Attorney Ms Adams Pratt stated that she does not find documentation that states zoning will remain the same She stated that she found the DeMareo Annexation Notice of Intention which reiterates the history of how this annexation came to the City and what the King County Comprehensive and Ordinances have implemented for this area Ms Pratt stated that this report refers to the zoning designation given to Lotto in 2000 In response to Ms Zimmerman, Ms Anderson stated that she has not heard of the City informing individuals interested in annexation that the City will guarantee that their current zoning would remain the same She stated that the City has been asked by those interested in annexation if the City could guarantee a specific zoning, and the City's response has been "no" Ms Adams-Pratt stated that the closest documented quote she found that speaks about the Lotto zoning designates them Commercial Outside of Centers with a zoning designation of Neighborhood Business and states that this site might develop into a more active commercial use Mr Dowell said that the City of Kent's Comprehensive Plan states that the GMA requires that the comprehensive plans of neighboring jurisdictions are coordinated and consistent with the comprehensive plans adopted by King County He stated that in this case, it seemed like zoning was effected before the annexation area was adopted as part of the City of Kent Ms Anderson stated that the City may have started the zoning process but it would not take affect until after the annexation was effective Mr Dowell stated that if the City ratified the County's zoning in that area and if the City is supposed to maintain consistent zoning with the County and outside jurisdictions, the City needs to consider the commercial designation that the County gave to the Lotto property Ms Anderson stated that Kent coordinates with neighboring jurisdictions including King County when we consider our zoning designations and what impacts these designations may have on neighboring junsdictions She stated that she believes that the City is not required to agree with what zoning might have been in place in King County Ms Anderson stated that the City's Comprehensive Plan does not ratify the County's zoning She stated that the City agreed to retain the County's comprehensive plan designation within the potential annexation areas Ms Zimmerman stated that the Lotto's are proposing to leave a piece of their land as open space with a zoning of SR-1 asking if this would be considered a contract rezone that the Lotto's would be held to Ms Zimmerman questioned if there is permanency in an open space Ms Anderson stated that the City does not require the Lotto's to donate their land to the City and the most compatible zoning the City has to Open Space is SR-1 Staff is not proposing a contract zoning Land Use and Planning Board Minutes March 11,2002 Page 12 of 13 Mr Dowell stated that the Comprehensive Plan indicates that Neighborhood Convenience Commercial (NCC) shall be located in areas designated for neighborhood services He stated that the Lotto's comer site should be limited to 2 acres of NCC zoned property with the remainder of the DeMarco property zoned as Single Family Residential, 4 5 up to 6 5 units per acre and not consider a MRT designation Mr Dowell suggested this option as Alternative#7 Mr Harmon stated that he is concerned that Neighborhood Commercial would increase traffic Mr Harmon pointed out that although he appreciates the list of names supporting the applicant, approximately half of those people do not live in Kent Mr Harmon stated that he supports Option #7, designating 2 acres of Commercial for the comer property with a SF-6 Comprehensive Plan Land Use Map and Zoning designation for the rest of the area Mr Johnson said that he supports single family development in the area stating that he sees no reason to change the Board's prior recommendation to the Council as it recognized a NCC zone, which provides needed services to the neighborhood Mr Johnson stated that based on three proposed subdivisions, with the potential to increase impacts to schools, traffic and the intersection, he believes that NCC development is a valid recommendation for the comer property Mr Johnson stated that he supports Alternative #6 with NCC, MRT-12 and SF-4 5 in order to maintain a lower density zoning which reflects the charactenstic of existing development in that area. Mr Johnson stated that he likes the open space proposal as it provides a buffer to the residences north of the site Ms Fmcher stated that the Board's decision needs to be based on the City's Comprehensive Plan and that SF-6 zoning seems to oppose that plan She stated that she would support either Alternative #6 or #7 Ms Fmcher stated that she likes the concept of NCC, Neighborhood Community Commercial, but would restrict the size of the NCC zone She stated that she favors a SR-4 5 zoning Mr Thomas stated that he favors Alternative 6 or 7 He stated that he sees only the comer section of the Lotto property as a viable development for NCC, Neighborhood Community Commercial use, although he would not restrict that property to two acres Mr Thomas voiced concern that the City could face either ethical or legal obligations to retain the same zone as King County had, based on zoning implications to the Lotto's and other property owners in the DeMarco annexation area Mr Thomas assured Ms Martin that the wetlands would be preserved, and he envisioned a green section with walking trail, perhaps a bridge across a section of the wetlands with the potential to develop the wetlands area into a beautiful park like setting along with the open space Ms Zimmerman stated that that she supports the Board's former recommendation of Alternative 4 Steve Dowell MOVED and Ron Harmon SECONDED to recommend Alternative #7 which designates the entire annexation area as SF, Single Family Residential, 6 dwelling units per acre on the Comprehensive Plan Land Use Map, and SR, Single Family Residential, SR-6 or SR-4 5 on the Zoning Map and with a two acre parcel in the southwest corner of 116th Avenue Southeast and Southeast 240th Street designated with NCC, Neighborhood Convenience Commercial zoning Ms Anderson questioned if the Board's motion included a Neighborhood Services Comprehensive Plan Designation to support the NCC zoning designation, asking if this parcel would consist of two acres and how it would be configured at the intersection Mr Olive discussed several scenarios with the Board on how the Lotto's property could be configured at the corner of the intersection at 116`h and 240a' Chair Zimmerman stated that the Board's recommendation has not been studied or proposed, therefore she cannot support the Motion before them Ms Zimmerman asked Ms Pratt if the Board has a legal right to recommend a down zone Ms Pratt said that the City Code states that if the City Council believes that the comprehensive plan land use Land Use and Planning Board Minutes March 11,2002 Page 13 of 13 designation in that area is not current, then the Planning Manager can apply to the Land Use and Planning Board to look at the designation Ms. Adams-Pratt stated that under Kent's Zoning Code, the City saw that they were not current with the comprehensive plan land use designation that was established for the DeMarco area at the time of annexation She stated that the City is endeavoring to respond to the situation now Ms Zimmerman stated that we have a motion before us for Alternative #7 which designates the entire annexation area as SF, six dwelling units pet acre on the Comprehensive Plan Land Use Map and SR, SR-6 or SR-4 5 on the zoning map with a 2 acre as yet undefined area in the southwest corner designated as NCC, Neighborhood Convenience Commercial Ms Zimmerman called for the vote Motion DEFEATED with 3 voting in favor and 4 opposed Ron Harmon MOVED to recommend Alternative #5 designating the entire annexation area as SF, Single Family Residential, 6 dwelling units per acre on the Comprehensive Plan Land Use Map and SR, Single Family Residential, SR-6 or SR-4 5 for the zoning map Motion FAILED for lack of a second Les Thomas MOVED and Jon Johnson SECONDED to recommend Alternative #6 allowing MRT-12, Multifamily Residential Townhouse, 12 units per acre zoning with NCC, Neighborhood Convenience Commercial zoning for 11 acres of the area to include a buffer area with a SR-I, Single Family Residential, one unit per acre zone Motion DEFEATED with 2 voting in favor and 5 opposed David Malik MOVED and Les Thomas SECONDED to recommend Alternative #5 designating SR-6, Single Family Residential, six units per acre for both the comprehensive plan designation and zoning designation on the balance of the property, and designating a two acre square parcel at the corner of 116" and 240 with NCC, Neighborhood Convenience Commercial zoning and NS, Neighborhood Services for the Comprehensive Plan Land Use Map MOTION CARRIED with 4 voting in favor, and 3 opposed Chair Zimmerman announced that the City Council would hold future public hearing meetings on this issue and the public will be notified Ms Anderson stated that if approved on March 19 by City Council, hearings will be held before the City Council for the zoning and comp plan designations on April 2 and May 7, 2002 ADJOURNMENT Chair Zimmerman adjourned the meeting at 10 45 p m Res p tfully Submitted, Mf���� Charrrene erson, AI P, Planning Manager Secretary \\EARTH_FS\SDATA\Petmit\Plan\LUPB\2002\Minutes\020311mm doe COMMUNITY DEVELOPMENT Fred N Satterstrom, Director • PLANNING SERVICES KEN T Charlene Anderson,AICP, Manager w"�" "`r°" Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent, WA 98032-5895 February 13, 2002 TO TERRY ZIMMERMAN, CHAIR AND LAND USE AND PLANNING BOARD MEMBERS FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER RE. DEMARCO ANNEXATION#AZ-2001-1 (KIVA#2011034) COMPREHENSIVE PLAN AMENDMENT AND INITIAL ZONING STAFF REPORT FOR HEARING ON MARCH 11, 2002 Introduction The DeMarco annexation was effective on July 1, 2001 On September 18, 2001, the Kent City Council passed Ordinance No 3572 that established the comprehensive plan designation of Single Family Residential, 6 units per acre (SF6), and zoning designations of Single Family Residential, either 6 05 or 4 53 units per acre, for the entire annexation area A lawsuit was filed in King County Superior Court and a petition was filed before the Growth Management Hearings Board challenging the comprehensive plan and zoning designations that had been adopted under Ordinance No 3572 The litigation alleged, among other things, that there were deficiencies in the process used by the City in adoptmg the comprehensive plan and zoning designations Upon consideration of the process deficiency allegations, the City Council adopted a motion in which it stated its intention to reconsider the zoning for the annexation area On December 11, 2001, the City Council repealed Ordinance No 3572 and the zoning reverted to an interim zoning designation and the City of Kent's pre-annexation comprehensive plan designations, pending the reconsideration The DeMarco annexation area encompasses approximately 266 6 acres (.42 square miles) and is home to an estimated 770 people. The area is located on the East Hill of Kent, from 116`h Avenue SE to SE 13Vd Street and from SE 240ih Street north to approximately SE 23I't Place on the west and SE 2331d Street, if extended, on the east The annexation area is widun the Urban Growth Area and Potential Annexation Area boundaries that were defined and established by the City of Kent according to the Washington State Growth Management Act When the Kent Comprehensive Plan was adopted in 1995, land uses for the Potential Annexation Area generally were based on King County's adopted land use plan in order to ensure consistency between the City's and County's Comprehensive Plans. However, in late 2000, King County amended their Comprehensive PIan and Zoning Map to adopt land use map and zoning designations of Commercial Outside of Centers and Neighborhood Business, respectively, for an eight-acre parcel at the northeastern corner of the intersection of 116d' Avenue SE and SE 2401h Street Furthermore, as each annexation is approved by the City of r Kent, the annexation area is analyzed in greater detail through a public process in order to refine land use designations, zoning, and policies under the context of the City of Kent's Comprehensive Plan The purpose of the Comprehensive Plan is to guide land use and capital improvement decisions Establishing City of Kent zoning distracts for the annexation area is a Comprehensive Plan implementation action The Comprehensive Plan amendment and initial zoning designation will be reviewed concurrently because they must be consistent with one another, according to RCW 36 70A 120 Background The King County Comprehensive Plan Land Use Map generally designates the area as Urban Residential 4-12 units per acre, with the property at the northeastern comer of the intersection of SE 240`h Street and 116`h Avenue SE recently designated Commercial Outside of Centers, and the two properties just adjacent to the east and northeast of that property designated Urban Residential 12+ units per acre The corresponding King County zoning designations are R-6 Residential (6 dwelling units per acre) along 116`h Avenue SE and along SE 240`h Street, with Neighborhood Business and R-18 Residential (18 dwelling units per acre) at the northeast comer of the intersection of 116`' Avenue SE and SE 240`h Street. The zoning designation changes to R-4 Residential (4 dwelling units per acre), in an irregular pattern generally east of 1201h Avenue SE and north of SE 237`h Place, if extended, excluding approximately 3 unplatted parcels at that southern boundary There also is R-4 zoning west of and abutting 120`h Avenue SE from about SE 236`' Street north to approximately SE 232"d Street, if extended Residential districts in the City of Kent are designated separately as single family or multifamily. However, King County residential zoning is inclusive of detached single family, attached and "stacked" multifamily dwelling units. The P and SO suffixes attached to designations such as R- 4-P-SO on the King County Zoning Maps provide for property-specific (P) development standards and special district overlays (SO) There is a special district overlay that covers all of the properties within the DeMarco annexation area. This overlay, Condition SO-220, relates to retention of significant trees. The three larger parcels at the northeastern corner of the intersection of 116`h Avenue SE and SE 240`h Street also have had property-specific development standards attached to them by King County (further explained in the Environmental Characteristics section,below). The existing land use pattern in the DeMarco annexation area is primarily single family residential with densities ranging from townhomes to one-acre lots and larger unplatted parcels. Meridian Tumor High School is located within the area Kent East Hill Nursery is located at the northeastern comer of the intersection of SE 240`' Street and 116`h Avenue SE. There are two large churches and a church hall also located in the area The Pmeridge 27-lot subdivision (on 4 76 acres) has been approved recently and is located north of SE 234`h Street, approximately 600 feet east of 116`h Avenue SE. The 23-lot preliminary approved plat of Birdsong Meadows is located to the northwest of the Pmeridge Subdivision. Planning staff also received recently a request for civil construction drawing approval for the Chelmsford 32-lot subdivision (on 7 42 acres) at 116`' Avenue SE and SE 234 Street. The land use pattern has been developed and supported through King County's Soos Creek Community Plan and the King County Comprehensive Plan Land Use and Planning Board Hearing March 11,2002 Pale 2 of 5 Using King County zoning designations, looking at vacant vs underdeveloped properties, discounting for sensitive areas, public rights of way, and market availability, and estimating likelihood of development considering date of most recent platting activity, age of existing residence, and surrounding plat activity, staff projects 471 additional dwelling units in the . proposed annexation area within the next 10 years Environmental Characteristics The DeMarco annexation area is located on Kent's East Hill (aka, Soos Creek) plateau and can be characterized generally as rolling terrain The Middle Fork of Garrison Creek, North Meridian Valley Creek, and a Clark Lake Outlet all run through the area The 1991 Soos Creek Community Plan Update identifies wetlands near the Middle Fork of Garrison Creek at the northeastern comer of the intersection of 116`h Avenue SE and SE 240`h Street King County attached the following P-suffix condition to the three parcels at this location- "The natural drainage area on the Lotto/Toppano property shall be designated as permanent open space This area shall not comprise less than 30% of the total sites " Upon annexation, the City of Kent regulations for the protection of sensitive areas, preservation of agricultural or other resource lands, preservation of Iandmarks or landmark districts and surface water control will become effective for the proposed annexation area The City of Kent environmental regulations will equal or exceed King County regulations Kent has adopted the Soos Creek Basin overlay restrictions for stream buffers and is dedicated to protecting wetlands, associated buffers, and geologically unstable areas The City currently is reviewing critical area regulations as required by GMA to ensure best available science is used, and the City is expected to adopt the King County Stormwater Manual in the near future Public Participation —Community Meeting There were two meetings held in June and August, 2000 in the DeMarco annexation area prior to the subimssion of a 10 percent petition to the City of Kent Citizens expressed concerns about a proposed condominium development and concerns regarding safety and traffic. The annexation proponents also held a community meeting on January 24, 2001. City staff members were present at the January 24`h meeting to address fire and police protection, traffic and sormwater issues, zoning and land use, and general City administration, including financing The citizen attendees generally expressed support of single family detached dwelling units within the annexation area, Land Use Alternatives Staff is bringing forward six zoning and land use alternatives for the annexation area Analysis of the alternatives includes the following factors 1 Relevant Kent Comprehensive Plan goals and policies and land use recommendations for land within and adjacent to the DeMarco area 2 Preliminary housing target analysis 3 Existing King County Comprehensive Plan and Zoning designations and policies 4 Information received from the public at the community meeting. 5 Available data regarding natural resources and environmentally sensitive areas The Land Use and Planning Board and Kent City Council will hold public hearings to establish initial zoning and to amend the Kent Comprehensive Plan, if required. Land Use and Planning Board Hearing March 11, 2002 Page 3 of 5 • Alternative One would match the existing King County zoning designations with the closest equivalent City of Kent zoning designations In the Year 2000 Comprehensive Plan Update (ivfap Amendment #19), King County changed the land use and zomng designations for the 8-acre site located at the northeast corner of the intersection of SE 2401h Street and 116ih Avenue SE. The Land Use designation went from Urban Residential High to Commercial Outside of Centers, with a zoning change from R-18 (18 dwelling units per acre) to Neighborhood Business, Alternative One proposes a land use designation of Neighborhood Services and zomng of NCC, Neighborhood Convemence Commercial for this property, with a Low Density Multifamily land use designation and MRT-16 zoning designation (Multifamily Residential Townhouse District) on the 8 8 acre and 4 76 acre parcels just east and northeast of this property To the north and east would be areas designated Single Family Residential, 6 units per acre, on the Comprehensive Plan Land Use Map with zoning designations of SR-6 and SR-4 5. • Alternative Two differs from Alternative One in that it would remove the corner commercial designation and designate it MRT-16 along with the adjacent parcels just east and northeast of the comer parcel The remainder of the annexation area would be designated Single Family Residential, either 4 53 or 6 05 dwelling units per acre. • Alternative Three maintains the commercial and townhouse designations at the northeastern comer of 116`h Avenue SE and SE 2401h Street but designates the remainder of the annexation area as Single Family Residential, 6 dwelling units per acre, on the comprehensive plan land use map and SR-6 on the zoning map. • Alternative Four designates the three properties at the northeastern corner of the SE 240th/116th Avenue intersection as MRT-16, with the remainder of the annexation area designated as Single Family Residential, 6 dwelling units per acre, on the comprehensive plan land use map and SR-6 on the zoning map. • Alternative Five designates the entire annexation area as Single Family Residential, 6 dwelling units per acre, on the comprehensive plan land use map and Single Family Residential SR-6 or SR-4 5 on the zoning map • Alternative Six amends Alternative Five for four properties at the northeastern comer of the intersection of SE 240ih Street and 116`h Avenue SE This alternative designates the 8-acre site at the intersection and adjacent property to the east up to the westerly boundary of the stream, wetland and buffer as Neighborhood Services, with zoning of NCC, Neighborhood Convenience Commercial. The stream, wetland and buffer areas on the remainder of the 8 8 acre parcel, as well as the 4 76 acre parcel adjacent to the north, would have a land use designation of Low Density Multifamily Residential, with zoning of MRT-12 (Multifamily Residential Townhouse District — 12 dwelling units per acre). The property immediately north of the NCC-designated area would be designated Open Space, with zomng of SR-1. Recommendation Planning staff is recommending approval of Alternative Four The Kent Comprehensive Plan Policy LU-13.5 supports " "comer store", small-scale, neighborhood-onented shops adjacent to selected rights-of-way in higher-density neighborhoods ." and further states, "Ensure that projects are pedestrian-onented and developed with minimum parking provisions " However, designating additional commercial parcels other than the existing commercial property at the Land Use and Planning Board Hearing March 11,2002 P,,=a of 5 southeastern comer of this intersection would create additional land use pressure to further erode the residential character of this area, and could jeopardize the policy for "comer store" retail. The surrounding neighborhood generally is single family residential, including low densities of one or three dwelling units per acre to the southeast and southwest of the annexation. A zoning designation of NMT-16 at the northeastern comer would bolster the viability of the neighborhood business designation at the southeastern comer, would promote additional homeownership opportunities, would promote a land use pattern that supports public transportation, and also would create a buffer from the impacts of the intersection on the lower density neighborhoods to the north and east. It also encourages developing the three parcels designated MRT-16 as a unified development proposal with better management of the sensitive areas on the sites Allowing an overall single family residential density of six (6) units per acre recognizes the area hes within an Urban Growth Area and provides a means for developing at a somewhat higher Ievel than currently is allowed At the same time, staff recognizes that much of the area currently is designed as larger lot subdivisions, and it is unlikely they will be further subdivided within a 10-year time frame. Providing for a slightly increased density facilitates and anticipates growth in a shorter time frame on those parcels not currently subdivided but that lie within Kent's designated Urban Growth Area. Not creating another commercial designation at this intersection reconizes and supports the existing major commercial operations at the intersection of SE 240 Street with 104`h and 132°d Avenues SE CA/pm\\EARTH_FS�SOATA\Pc=L\Plm\ANNFXaTIONS\2002\2011034-2001-16 DOC Enclosures- 12 Maps Land Use and Planning Board Heanag March 11,2002 Page 5 of 5 O r = 67 0 .1_. T z T' r r J C L.l Q � C V (u pow �� N � C O > U X z v E a`9i Q� N m � Q� 0N Y 3 a m O mo C_ N C T w• �� � r • tv r CD IA j�I• � � uvll r .. •fy > • � R �•�IIIr+���t1111 L ya�e ■{�, < h 1 e "l� s Jar 41� ' ■ r +.7r o �. r4' r + - im • w r ..�',c � ��� �� . ey,rr ' or r ■7 ! �,�.• ,,,� - �� ,= , L- aaa i rr �.WSJ • f= 1` i • • 1AW F l -9 r1&4Lu l- RT 34 mor �RSa 1 ^'y;,- :_dui`,' .(- :�j��� � Z�� +1 �j � •n� . 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F. r , 4 F - z t NNIll It • i 1 t SO 19 Ir , r }�� �1•� fa ' � ■ i _ ..1% •.n wJw �.��.��I�'a • • �1=:,'rc—r-,��'.--I r 1 • F�_Ie• l,r n 67 C1 U O cu 'O+ •p i x a J V \V T Cn 0 T O 0 O � •z< Q � = " y m" N LL1= cc d N _ a> LL Q Q E U`" C se- PIP I • � i �. < . r I 1 J 6�7 r _ ■ sr � t ' �:il � til c cV CL Al v • � a � � ` rr � %I ■ ■ m � o . r• y � rlfwr4i V. � lI 6�A 7♦ V. I _ ,ply � ,.Ifi,{�r,! Y ■ rt � � , ��„Iri 7 ■s . y � ,. s + ` S 1 4*1 . � 4f • i i•1 t a _ { •c . 1 � 1 t i � 1i . a _ 1 imm — , � . ♦ y'.1■ L I �• I -1 � r w , a to '� : •' � r• ■•h lahi-+•r.r r*•� rp • ! KENT WASHINGTON REVISED ENVIRONMENTAL IMPACT STATEMENT ADDENDUM (ENV-93-51 ) DeMarco Annexation Area Comprehensive Plan and Zoning Map Amendments This is a revised addendum to the Final Environmental Impact Statement (FEIS) on the City of Kent Comprehensive Plan (#ENV-93-51 ). This document has been prepared pursuant to WAC 197-11 -625, and is being distributed to all recipients of the DEIS of the Kent Comprehensive Plan. S PemiflPlanlEnv\2001UleMa=EISAddendumCvrSh1(R)do City of Kent May mv�23, 2001 March 4. 2002 Fact Sheet (REVISED) Proposed Action: The proposed action is the adoption by the Kent City Council of Comprehensive Plan map amendments and Zoning Map designations for the DeMarco Annexation Area The annexation area is 266.6 acres, with an estimated population of 770 people Action Sponsor and Lead Agency: City of Kent Planning Services Office 220 Fourth Avenue South Kent, Washington 98032 Responsible Official: Kim Marousek, Senior Planner City of Kent 220 Fourth Avenue South Kent, Washington 98032 Contact Person: Charlene Anderson, AICP, Planning Manager City of Kent 220 Fourth Avenue South Kent, Washington 98032 (253) 856-5454 License/Permits Required: Adoption of ordinance(s) by the Kent City Council EIS Addendum Authors: City of Kent Planning Services Office 220 4th Ave South Kent, WA 98032 Location of Background Data: City of Kent Planning Services Office Centennial Center, 3rd Floor 400 West Gowe Street Kent, WA 98032 Date of Issuance: May 21, 2001, Revised March 4 2002 Cost of Document: No charge Environmental Impact Statement Page 1 of 8 Addendum ENV-93-51 Mav 21, 2001 Revised March 4. 2002 City of Kent DeMarco Annexation Area Comprehensive Plan Amendment Initial Annexation Zoning EIS Addendum 1. Background and Summary of Proposed Action The proposed action consists of the adoption of zoning designations and corresponding Comprehensive Plan Land Use Map amendments for the DeMarco annexation area At their regular meeting on November 21, 2000, the Kent City Council accepted the 10% annexation petition, established the annexation boundaries and authorized the circulation of a sixty percent (60%) petition to annex the proposed DeMarco Annexation area to the City of Kent On Apnl 3, 2001 the Kent City Council accepted petitions signed by owners of at least sixty percent (60%) of the assessed valuation of the area proposed for annexation The DeMarco annexation area encompasses approximately 266 6 acres ( 42 square miles) and is home to an estimated 770 people The annexation generally is located on the East Hill of Kent, from 116`h Avenue SE to SE 132nd Street and from SE 2401h Street north to approximately SE 23151 Place on the west and SE 233`d Street, if extended, on the east(reference attached map). The annexation area is within the Urban Growth Area and Potential Annexation Area boundaries that were defined and established by the City of Kent according to the Washington State Growth Management Act An amendment to the 1995 Kent Comprehensive Plan is required to include the annexation area within the mumcipal boundaries of Kent In addition to the required boundary changes, minor changes to the Land Use Plan Map in the Land Use Element of the Comprehensive Plan are necessary to ensure consistency between the adopted zoning designations and the Comprehensive Plan When the Kent Comprehensive Plan was drafted, land use recommendations for the Potential Annexation Area generally were based on King County's adopted land use plan in order to ensure consistency between the City's and County's Comprehensive Plans In 2000, King County amended their Comprehensive Plan and Zoning Map to adopt land use map and zoning designations of Commercial Outside of Centers and Neighborhood Business, respectively, for an eight-acre parcel at the northeastern comer of the intersection of 1161h Avenue SE and SE 240`h Street As each annexation is approved by the City of Kent, the area is analyzed in greater detail through a public process in order to refine land use designations, zoning, and policies under the context of the City's Comprehensive Plan The purpose of the Comprehensive Plan is to guide land use and capital improvement decisions Therefore, establishment of City of Kent zoning districts for the annexation area is a of Environmental Impact Statement Page 2 of S Addendum ENV-93-51 May 21, 2001 Revised March 4. 2002 Comprehensive Plan implementation action Staff is bringing forward four zoning and land use alternatives for the annexation area Analysis of the alternatives includes the following factors 1 Relevant Kent Comprehensive Plan goals and policies and land use recommendations for land within and adjacent to the DeMarco area 2 Preliminary housing target analysis 3 Existing King County Comprehensive Plan and Zoning designations and policies 4 Information received from the public at an open house 5 Available data regarding natural resources and environmentally sensitive areas The existing land use pattern in the DeMarco annexation area is primarily single family residential with densities ranging from townhomes to one-acre lots and larger implatted parcels Meridian Junior High School is located within the area. Kent East Hill Nursery is located at the northeast corner of the intersection of SE 2401h Street and 116`h Avenue SE There are two large churches and a church hall also located in the area Notice of a proposed subdivision called Birdsong Meadows is posted in the area, and staff has been notified of preliminary approval of a 32-lot subdivision and an application for a 27-lot subdivision along SE 234"' Street This land use pattern has been developed and supported through King County's Soos Creek Community Plan, adopted in 1991, and the King County Comprehensive Plan On September 18, 2001, the Kent City Council approved a Comprehensive Plan desi}ation of SF-6 and zoning of SR 4 5 and SR-6 for the Demarco Annexation area This revision to the EIS Addendum contemplates those alternatives that were not onginally nut forth throuizh the public heanng process Two new alternatives are considered and are identified in this document as Alternatives 5 and 6 II. Framework for Comprehensive Plan Adoption and Development Regulations Growth Management Act Requirements The Washington State Growth Management Act (GMA) requires most jurisdictions in the State, including the City of Kent, to adopt comprehensive plans with thirteen planning goals, and lists several requirements which jurisdictions must meet in preparing plans The City of Kent, after a long process, including dozens of community meetings and workshops and ten months of public hearings before the Planning Commission and City Council, adopted its Comprehensive Plan in April 1995 in conformance with these requirements The GMA also requires each county to establish an Urban Growth Area and requires adoption and ratification of Countywide Planning Policies that provide a framework from which local comprehensive plans are to be developed The area within the Urban Growth Area must accommodate a minimum of 20 years of projected population growth In accordance with GMA and King County policies, in November, 1992 and May, 1993 the City of Kent passed resolutions approving and adopting Interim Urban Growth Area and Potential Annexation Area boundaries for its comprehensive planning and future annexation efforts The DeMarco annexation area is one more in a series of annexations expected through a phased annexation process The Comprehensive Plan will be implemented in each annexation through establishment of land use regulations that will be consistent with the Plan Environmental Impact Statement Page 3 of 8 Addendum ENV-93-51 May 21, 2001 Revised March 4. 2002 SEPA Compliance In October 1993, the City of Kent issued a Determination of Significance (DS) and Notice of Scopmg for the Comprehensive Plan (ENV-93-51) After a series of public meetings, a Draft Environmental Impact Statement (DEIS) was issued on July 18, 1994 for the Draft Comprehensive Plan, which was issued on the same date. The DEIS was distributed to City Council and Planning Commission members, adjacent jurisdictions, State agencies, and other interested parties After comments on the DEIS were solicited and reviewed, a Final Environmental Impact Statement (FEIS) was issued and distributed on January 30, I995 The EIS analyzed the environmental impacts of the Comprehensive Plan, which was adopted April 18, 1995 The purpose of the EIS for the Comprehensive Plan was to assess the impacts of the Plan on the City and its growth area The EIS does not analyze the significance of site- specific impacts, it analyzes the significance of impacts on abroad area This Addendum to the Kent Comprehensive Plan EIS provides additional information regarding the area-wide impacts of this particular phase of Comprehensive Plan implementation in the DeMarco annexation area The proposed amendments to the Land Use Plan Map and the zoning alternatives that are the subject of this addendum generally are consistent with the adopted Land Use Plan Map and the goals and policies of the adopted Kent Comprehensive Plan, and would not create significantly different environmental impacts For its 2000 annual comprehensive plan amendments, King County analyzed in a Final Supplemental Environmental Impact Statement ("FSEIS") a proposal to amend comprehensive plan and zoning designations for an 8-acre parcel located at the northeastern comer of the intersection of 116`h Avenue SE and SE 240`h Street The proposal included a change inland use and zoning designations from Urban Residential High/R-18 (18 dwelling units per acre) (P-SO) to Commercial Outside of Centers/Neighborhood Business (P-SO) This designation recognizes the existing commercial nursery operation on the site The King County FSEIS projected a loss of 143 dwelling units as a result of the proposed comprehensive plan and zoning change for this 8-acre parcel It was stated that when compared to population targets, the changes proposed overall in the 2000 King County Comprehensive Plan were minor changes that "would neither significantly alter existing capacity in the urban area, nor significantly alter the land use pattern set by the 1994 Comprehensive Plan " Furthermore, " Any specific impacts associated with development of parcels affected by land use and zoning amendments will be addressed through project level review No significant adverse environmental impacts are associated with these land use and zoning amendments " III. Description of Proposed Action This section of the Addendum will describe in more detail the proposed zoning alternatives and Comprehensive Plan amendments for the DeMarco annexation area • Alternative One would match the existing King County zoning designations with the closest equivalent City of Kent zoning designations In the Year 2000 Comprehensive Plan Update (Map Amendment #19), King County changed the land use and zoning designations for the 8-acre site located at the northeast comer of the intersection of SE 2401h Street and 116`h Avenue SE The Land Use designation went from Urban Residential High to Commercial Environmental Impact Statement Page 4 of 8 Addendum ENV-93-51 Mav 21, 2001 Revised March 4. 2002 Outside of Centers, with a zoning change from R-18 (18 dwelling units per acre) to Neighborhood Business Alternative One proposes a land use designation of Neighborhood Services and zoning of NCC, Neighborhood Convenience Commercial for this property, with a Low Density Multifamily land use designation and MRT-16 zoning designation (Multifamily Residential Townhouse District) on the 8 8 acre and 4 76 acre parcels just east and northeast of this property To the north and east would be areas designated Single Family Residential, 6 units per acre, on the Comprehensive Plan Land Use Map with zoning designations of SR-6 and SR-4 5 • Alternative Two differs from Alternative One in that it would remove the comer commercial designation and designate it MRT-16 along with the adjacent parcels just east and northeast of the comer parcel The remainder of the annexation area would be designated Single Family Residential, either 4 5 or 6 dwelling units per acre. • Alternative Three maintains the commercial and townhouse designations at the northeastern comer of 116`h Avenue SE and SE 240th Street but designates the remainder of the annexation area as Single Family Residential, 6 dwelling units per acre • Alternative Four designates the three properties at the northeastern comer as MRT-16, with the remainder of the annexation area designated as Single Family Residential, 6 dwelling units per acre • Alternative Five would designate the entire annexation area as SF-6, Single Family Residential, six dwelling units per acre, on the land use plan map, with zoning designations of SR-6 and SR-4 5 The area designated as SR-4 5 is generally bounded by 132nd Ave SE to the east, approximately 122nd Ave SE on the west and SE 2371h PL along the south The remaining properties within the annexation area would be zoned SR-6 Alternative Six would amend Alternative Five for four properties at the northeastern comer of the intersection of SE 2401h Street and 116`h Avenue SE This alternative would designate the 8-acre site at the intersection and adiacent property to the east up to the westerly boundary of the stream, wetland and buffer as Neighborhood Services, with zoning of NCC, Neighborhood Convenience Commercial The stream, wetland and buffer area mcludin � the entire 4 76 acre parcel to the northeast of the NCC-designated area would have a land use designation of Low Density Multifamilv Residential, with zoning of MRT-12 (Mulnfamilv Residential Townhouse District — 12 dwelling units Qer acre) The property immediately adiacent to the NCC-designated area on the north would be designated Open Space, with zoning of SR-I The alternatives are supported by the following goals and policies of the Kent Comprehensive Plan Urban Growth Goals and Policies Policy LU-1 1 — Provide enough land in the City's urban growth area to accommodate the level of household growth projected to occur in the next 20 years Environmental Impact Statement Page 5 of 8 Addendum ENV-93-51 May 21, 2001 Revised March 4, 2002 Goal LU-2 — Establish a land use pattern throughout the urban growth area that will facilitate a multimodal transportation system and provide efficient public facilities Ensure that overall densities in the urban growth area are adequate to support a range of urban services Policy LU-2 2 — Concentrate development in order to promote public transit Housms Goals and Policies 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 through 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 Policy LU-12 3 — Develop regulatory incentives to encourage mfill development in existing commercial areas Regulatory incentives may include urban, mixed use zoning and higher-density zones, Commercial Goals and Policies Policy LU-13 2 — Provide opportunities for residential development within existing business districts to provide support for shops, services, and employment within walking distance Policy LU-13 5 — Analyze the potential for development of"corner store", small scale, neighborhood-onented shops adjacent to selected rights-of-way in higher-density neighborhoods Use the conditional use permit or another process to evaluate proposals on a case-by-case basis Ensure that projects are pedestnan-onented and developed with minimum parking provisions Natural Resource Goals and Policies Goal LU-21 — Encourage well-designed, compact land use patterns to reduce dependency on the automobile, and thereby improve air and water quality and conserve energy resources Establish mixed use commercial, office, and residential areas to present convenient opportunities for travel by transit, foot, and bicycle Transportation and Land Use Goals and Policies Policy TR-1 1 — Locate commercial, industrial, multifamily, and other uses that generate high levels of traffic in designated activity centers around intersections of principal or minor arterials or around freeway interchanges Environmental Impact Statement Page 6 of S Addendum ENV-93-51 May 21 2001 Revised March 4. 2002 Policy TR-1 5 — Ensure consistency between land use and transportation plans so that land use and adjacent transportation facilities are compatible Policy TR-1 7—Promote land use patterns which support public transportation Housing Element 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 Policy H-2 2 — Provide a sufficient amount of land zoned for current and projected residential needs including, but not limited to, assisted housing, housing for low-income households, single-family housing, small lot sizes, townhouses, multifamily housing, manufactured housing, group homes, and foster care facilities IV. Environmental Review - Scope of EIS Addendum The City of Kent has followed a process of phased environmental review as it undertakes actions to implement and amend the Comprehensive Plan The State Environmental Policy Act (SEPA) and the rules established for the act in WAC-197-11 outline procedures for the use of existing environmental documents and preparing addenda to Environmental Impact Statements (EIS) These will be further discussed below Non-Project Documents. An EIS prepared for a comprehensive plan, development regulation, or other broad based policy documents are considered "non-project", or programmatic in nature (see WAC-197-11-704) These are distinguished from EISs or environmental documents prepared for specific project actions, such as a building permit or a road construction project The purpose of a non-project EIS is to analyze proposed alternatives and to provide environmental consideration and mitigation prior to adoption of an alternative It is also a document that discloses the process used in evaluating alternatives to decision-makers and citizens Phased Review. SEPA rules allow environmental review to be phased so that environmental review coincides with meaningful points in the planning and decision-making process (WAC 197-11-060(5)) Broader environmental documents may be followed by more narrowly focussed documents that incorporate general discussion by reference and concentrate solely on issues specific to that proposal SEPA rules also clearly state that agencies shall use a variety of mechanisms, including addenda, to avoid duplication and excess paperwork The proposed Land Use Plan Map amendments, zoning implementation, and this Addendum are part of phased review for the City's planning process under the Growth Management Act Prior Environmental Documents. The City of Kent issued a Draft Environmental Impact Statement (DEIS) for the Comprehensive Plan on July 18, 1994 (t#ENV-93-51) The DEIS analyzed three comprehensive plan land use alternatives, and recommended mitigation measures, which were used in preparing comprehensive plan policies The preferred land use alternative which was incorporated into the Comprehensive Plan was most closely related to Alternative 2 in Environmental Impact Statement Page 7 of 8 Addendum ENV-93-51 Mav 21, 2001 Revised March 4. 2002 the DEIS, the Mixed Use Alternative A Final Environmental Impact Statement (FEIS) was issued on January 30, 1995, and the Comprehensive Plan was adopted by the City Council on April 18, 1995 Therefore, the impacts of the Land Use Element adopted in the Comprehensive Plan are within the range of impacts evaluated in the DEIS It should also be noted that King County to date has undertaken extensive environmental review for the land use and zoning decisions made in the DeMarco annexation area As mentioned, the annexation area is part of the Soos Creek Community Plan and zoning, which was adopted in 1991 A Supplemental Environmental Impact Statement was prepared most recently in 2000 for the King County Comprehensive Plan, which originally was adopted in 1994 Scope of EISAddendum. As outlined in the SEPA rules, the purpose of an addendum is to provide new information about a proposal or impacts evaluated in a prior environmental document but does not substantially change the prior analysis (WAC-197-11-600(4)(c)) This EIS addendum has been prepared to provide additional information about Kent's actions to implement its Comprehensive Plan through annexation zoning This addendum does not identify new impacts or significantly change the prior environmental analysis done as part of the DEIS on the Comprehensive Plan The Comprehensive Plan contains many goals and policies which are intended to meet the requirements of the Growth Management Act and mitigate the impacts of future growth Several of the policies, particularly in the Land Use Element, are the direct result of mitigation measures identified in the Comprehensive Plan EIS As the City undertakes actions to implement the Comprehensive Plan through additions and amendments to its zoning and development standards, it is anticipated that the environmental impacts associated with these regulations will be the same as those impacts previously analyzed as part of the Comprehensive Plan EIS Additional analysis was completed to incorporate the two new alternatives Both alternatives promote a development patter that is less dense than that which was previously analyzed under the environmental documents outlined in this addendum Therefore, these actions will not create additional or significant impacts beyond those already identified in the Draft EIS, as long as these actions are consistent with the policies in the Comprehensive Plan KM im\\S\Permtt\Ptm%Env\2001\DeMarcoE1S Addendum doe Environmental Impact Statement Page 8 of 8 Addendum ENV-93-51 May 21, 2001 Revised March 4. 2002 • it"t^�� G V r ; - r �rJ� r. 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Approval of Minutes . Approval of the minutes of the regular Council meeting of April 16, 2002 . 6B . Approval of Bills . Approval of payment of the bills received through April 15 and paid on April 15 after auditing by the Operations Committee on April 16, 2002 . Approval of checks issued for vouchers : Date Check Numbers Amount 4/15/02 Wire Transfers 1151-1161 $1, 154 , 148 97 4/15/02 Prepays & 531824 325, 575 . 31 4/15/02 Regular 532426 2 , 908 , 007 . 31 $4, 387, 731 . 59 Approval of checks issued for payroll for March 16 through March 31 and paid on April 5 , 2002 Date Check Numbers Amount 4/5/02 Checks 259278-259621 $ 266, 048 . 03 4/5/02 Advices 126734-127459 1 , 058 , 035 . 28 $1, 324, 083 . 31 Council Agenda Item No 6 A-B • 40 KE N T Kent, Washington April 16, 2002 The regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White . Councilmembers present Clark, Epperly, Orr, White, Woods, and Yingling , Others present : Chief Administrative Officer Martin, City Attorney Brubaker, Police Chief Crawford, Fire Chief Schneider, Public Works Director Wickstrom, Community Development Director Satterstrom, Finance Director Miller and Employee Services Director Viseth. Approximately 35 people were at the meeting Councilmember Peterson was excused from the meeting (CFN-198) CHANGES TO THE AGENDA Council President Clark added Consent Calendar Item 0, excused absence for Council Member Peterson, to the agenda. The Mayor added Consent Calendar Item P, Appointments, to the agenda and introduced those members of the Bicycle Advisory Board in attendance CAO Martin noted that there will be an executive session with no anticipated action (CFN-198) Continued Communications Item A, Riverbend Golf Complex, was added at the request of Bob O ' Brien (CFN-118) PUBLIC COMMUNICATIONS Introduction of Fire Chief . Mayor White introduced Kent ' s new Fire Chief Jim Schneider, and noted that he comes to the City from Clovis, California, where he has been the Fire Chief for the past seven years Chief Schneider said he has been impressed with the City of Kent and is anxious to be part of the team (CFN-198) Kent 2002 Legislative Delegation. Mayor White and Council President Clark presented framed prints of Kent ' s goals for the City to Senator Karen Keiser, Shay Schual- Burke, Dave Upthegrove, Jack Cairnes, and Geoff Simpson, in thanks for their service to the City of Kent Each expressed thanks and gave a brief report on recent activities Clark commended all of them, including Steve Johnson who was not in attendance, and expressed appreciation for what they do Mayor White commended City staff members Doug Levy and Dena Laurent on their work as well . (CFN-198) Municipal Clerks Week. Mayor White read a proclamation noting that the Office of the Municipal Clerk is a time honored and vital part of local government which exists 1 Kent City Council Minutes April 16, 2002 PUBLIC COMMUNICATIONS around the world, and declared the week of April 28 through May 4 , 2002 as Municipal Clerks Week in the City of Kent . He encouraged citizens to recognize and appreciate Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent . City Clerk Brenda Jacober accepted the proclamation and expressed appreciation. (CFN-155) Volunteer Recognition Week. Mayor White read a pro- clamation declaring the week of April 21-27 , 2002 , as Volunteer Recognition Week, in the Citv of Kent and encouraging all residents to support the many efforts to prevent child abuse and neglect . He noted that volun- teers from CASA' s Family Law program and the Superior Court ' s Dependency CASA programs act as advocates for children in contested court cases , helping children get a safe, loving and stable home . He presented the proclama- tion to Constance Stockton, who explained the program and thanked the City for honoring the volunteers (CFN-155) CONSENT CALENDAR CLARK MOVED to approve Consent Calendar Items A through P Woods seconded Clark amended the motion by pointing out that although the agenda pages do not reflect it , both Items J and L have gone through Committee The motion as amended then carried. MINUTES (CONSENT CALENDAR - ITEM GA) (CFN-198) Approval of Minutes . Approval of the minutes of the regular Council meeting of April 2 , 2002 (CFN-198) STREET VACATION (CONSENT CALENDAR - ITEM 6G) (CFN-102) Street Vacation, 48th Place South. Passage of Resolution No. 1612 , which amends the public hearing date on the surplus SR 516 (48th Place South ) street vacation petition from May 7, 2002 , to May 21, 2002 . The blue sheet submitted for Council ' s review at the April 2 , 2002 , Council meeting indicated the correct public hearing date on this street vacation of May 21 , 2002 ; however, Resolution No. 1611 indicated a public hearing date of May 7, 2002 . This Resolution corrects the error. 2 Kent City Council Minutes April 16 , 2002 FIRE (CONSENT CALENDAR - ITEM 6C) (CFN-122) King County Basic Life Support Services Contract for 2002 . Authorization for the Mayor to sign the contract with Seattle-King County Department of Public Health/ Emergency Medical Services Division allowing the City to receive funds as per the EMS Levy in the amount of $714 , 898 for the year 2002 . The City Attorney' s office has reviewed the contract In 2001, a Basic Life Support Services Levy was passed for a six-year period, beginning in 2002 . The City has signed a contract with Seattle-King County Department of Public Health/Emergency Medical Services Division since 1981 to receive EMS Funding. (CONSENT CALENDAR - ITEM 6D) (CFN-122) State of Washington Grant for Evac-U-Splints . Accept the grant funds received from the State of Washington and authorize the Fire Department to apply those funds towards the purchase of Evac-U-Splints The City has received a $1, 200 grant from the State of Washington " for the purposes of the state trauma care system, " as stated in the attached memorandum from the State of Washington Department of Health Office of Emergency Medical and Trauma Prevention. These funds may be used to help meet requirements to provide trauma care services Staff proposes to use these funds to purchase Evac-U-Splints . (CONSENT CALENDAR - ITEM 6E) (CFN-122) King County EMS Regional Cooperative Purchasing Agreement. Authorization for the Mayor to sign the Cooperative Purchasing Agreement with King County The Regional Purchasing Program is a county-wide program aimed at improving operational efficiencies and cost containment By participating in this Cooperative Purchasing Agreement, the city will be able to receive the best price available for medical supplies . 3 Kent City Council Minutes April 16, 2002 REGIONAL DISASTER PLAN (CONSENT CALENDAR - ITEM 6L) (CFN-122) King County Regional Disaster Plan. Authorization for the Mayor to sign the Omnibus Legal and Financial Agreement for organizations participating in the Regional Disaster Plan for public and private organizations in King County One of the big lessons learned from catastrophic disasters that have occurred in other regions of the nation is that no single agency 1s large enough, or has sufficient resources to respond to every emergency or disaster situation. Because of this, numerous private and public agencies have developed a "Regional Disaster Plan for King County" to enhance and solidify our regional cooperation. The County faces periodic flooding events, earthquakes, severe weather, hazardous materials releases , and transportation accidents This plan allows for a regional approach when agencies can afford to share resources with their neighboring jurisdictions . PUBLIC WORKS (CONSENT CALENDAR - ITEM 6F) (CFN-1144) LID 350 Big K Sanitary Sewer Final Assessment Roll. Adoption of Ordinance No. 3597 establisning the final assessment roll for LID 350 , Big K Sanitary Sewer, as recommended by the Public Works Committee (BIDS - ITEM 8A) (CFN-1038) 132nd Avenue SE Improvements . The bid opening for this project was held on April 4th with six bids received. The low bid was submitted by Scarsella Brothers, Inc . in the amount of $1, 143, 143 .43 . The Engineer ' s estimate was $1, 200 , 673 . 40 . The Public Works Director recommends awarding this contract to Scarsella Brothers, Inc . , establishing a budget for the project and declaring the City' s intent to bond for a portion of the funds ORR MOVED to award the 132nd Ave S E Improvements and 132nd Ave . S E. & Kent-Kangley Intersection Improvements contract to Scarsella Brothers, Inc . in the amount of $1, 143 , 143 43 , to establish a budget for the project, and to declare intent to bond for a portion of the funds . Woods seconded and the motion carried. 4 Kent City Council Minutes April 16 , 2002 PLAT (CONSENT CALENDAR - ITEM 6M) (CFN-1146) Allenbach IV Final Plat (FSU-96-31/KIVA #2020293) . Approval of the Hearing Examiner ' s conditional approval of the Allenbach IV Final Subdivision and authorization for the Mayor to sign the final plat mylar. This final plat application was submitted by 4A Development Corporation for the Allenbach IV Final Subdivision The Hearing Examiner issued his Findings, Conclusions, and Decision for conditional approval of the subdivision on December 1, 1997 AGRICULTURAL LANDS (OTHER BUSINESS - ITEM 7A) (CFN-131) Agricultural Lands Comprehensive Plan & Zoning Code Amendments . The City Council held a Workshop on April 2 , 2002 and received a presentation on the Land Use and Planning Board ' s recommendation on Comprehensive Plan and Zoning Amendments regarding Agricultural Lands At the Workshop, Council members expressed a desire to refer this issue to the Planning Committee for consideration. All public hearing requirements on this matter have been fulfilled or exceeded As a result, although the public is welcome to attend this Planning Committee meeting, the Committee will not receive public testimony at its meeting ORR MOVED to refer the Agricultural Lands Comprehensive Plan and Zoning Code Amendments (CPA-2000-3 ) to the City Council Planning Committee at a Special Meeting on May 7, 2002 at 3 : 00 p m Epperly seconded and the motion carried PARKS, RECREATION AND COMMUNITY SERVICES (CONSENT CALENDAR - ITEM 6H) (CFN-118) IAC Grant Application Resolutions . Adoption of Resolution Nos . 1613 , 1614 , 1615 , 1616 and 1617 authorizing the City to file Interagency Committee for Outdoor Recreation grant applications for Clark Lake Park Acquisition, East Hill Extreme Park Acquisition and Development, Morrill Meadows Park Acquisition, Off Leash Dog park Acquisition and Development, and Turnkey Park Acquisition and Development, as recommended by the Parks Director 5 Kent City Council Minutes April 16, 2002 PARKS, RECREATION AND COMMUNITY SERVICES (CONSENT CALENDAR - ITEM 6I) (CFN-118) 2002 Washington State Arts Co=ission Operational Support Grant. Accept the Washington State Arts Commission (WSAC) Operational Support Grant in the amount of $7, 822 . 00 and amend the Kent Canterbury Faire budget, as recommended by the Parks Director (CONSENT CALENDAR - ITEM 6J) (CFN-118) Consultant Agreement for 2003-2007 Consolidated Plan Development. Authorization for the Mayor to execute a Consultant Services Agreement with John Epler & Associates for the 2003-2007 Consolidated Plan for Housing & Community Development, as recommended by the Parks , Recreation and Community Services Director POLICE (CONSENT CALENDAR - ITEM 6K) (CFN-122) Soar Code Revisions. Adoption of Ordinance No 3598 which includes additional streets in the designated "no racing zones, " and which extends the prohibition against racing within designated areas to 5 00 a.m. which adds an additional "no racing zone . " On June 5 , 2001 , the City Council adopted Ordinance No 3557 to control unlawful vehicular racing and the attendance of observers of unlawful races within the City of Kent, which is now codified in Chapters 9 42 and 9 43 of the Kent City Code . Racing or unlawful race attendance is prohibited within designated no racing zones between the hours of 10 : 00 p .m and 4 . 00 a.m. Staff would like to extend the prohibition against racing within the designated areas to 5 00 a m. , and would like to include additional streets in the designated "no racing zones . " (CONSENT CALENDAR - ITEM 6N) (CFN-122) King County Co=unity Services Division Mini-Grant. Accept the King County Community Services Division Mini- Grant in the amount of $500 from King County Community Services Division and establish budget documents The funds from this grant will be used for a domestic violence program called "Safe Houses " This program will document increased victim safety by tracking records to see if victim files additional assault claims . 6 Kent City Council Minutes April 16, 2002 FINANCE (CONSENT CALENDAR - ITEM 6B) (CFN-104) Approval of Bills . Approval of payment of the bills received through March 31 and paid on March 31 after auditing by the Operations Committee on April 2 , 2002 . Approval of checks issued for vouchers . Date Check Numbers Amount 3/31/02 Wire Transfers 1142-1150 $ 973 , 303 76 3/31/02 Prepays & 531187 2 , 167 , 354 . 36 3/31/02 Regular 531823 2 , 963 , 014 03 $6, 103 , 672 . 15 Approval of checks issued for payroll for March 1 through March 15 and paid on March 20 , 2002 . Date Check Numbers Amount 3/20/02 Checks 258942 -259277 $ 282 , 961 . 34 3/20/02 Advices 126062-126733 1 , 111 , 092 76 $1 , 394 , 054 10 APPOINTMENTS (CONSENT CALENDAR - ITEM 6P) (CFN-997) Kent Bicycle Advisory Board. Confirmation of the Mavor ' s re-appointments of David Hoffman and Steve Nuss to continue serving as members of the Kent Bicycle Advisory Board. Mr Hoffman' s re-appointment is effective until 12/31/2002 and Mr. Nuss ' until 12/31/2003 . Confirmation of the Mayor ' s appointments of Jacob Grob, Bill Miller, Michael Manderville and Melvin Roberts Mr. Grob is a chemist employed by the Boeing Company and is an avid bicyclist . His new appointment will continue until 12/31/03 Mr. Miller is a computer programmer and en]oys recrea- tional bicycling His new appointment will continue until 12/31/03 . Mr. Manderville is a bicycle touring enthusiast and a year-round commuter Mr. Manderville ' s appointment will continue until 12/31/03 Mr. Roberts started bicycling about four years ago to improve fit- ness . He works in database programming for Boeing and belongs to both Boeing and Cascade Bicycle Clubs . His new appointment will continue until 12/31/02 7 Kent City Council Minutes April 16, 2002 COUNCIL (CONSENT CALENDAR - ITEM 60) (CFN-198) Council Absence. Approval of an excused absence from tonight ' s meeting for Councilmember Peterson, who is unable to attend REPORTS Council President. Clark reminded Councilmembers of the King County Housing Partnership meeting on May 15 , the Economic Development Council meeting on April 26, and the Puget Sound Regional Council meeting on May 29 (CFN-198) Operations Committee. Yingling noted that the next meeting will be held at 4 : 00 p .m on May 17, and that it will include a first quarter report (CFN-198) Public Works . Orr noted that the next meeting will be held on May 6 at 5 00 p.m. (CFN-198) Planning Committee . Orr noted that a special meeting will be held on May 7 at 3 00 p m (CFN-198) Administrative Reports . Martin reminded Councilmembers of an executive session of approximately fifteen minutes regarding labor negotiations, with no action anticipated He then announced that Nathan Torgelson has peen selected as Economic Development Manager and that he will start in late May. Mayor White noted that the 405 Plan has been approved and the issue of SR 167 between S 180th and Tacoma has been raised. (CFN-198) RIVERBEND GOLF COMPLEX (CONTINUED COMMUNICATIONS - ITEM 11A) (CFN-118) Riverbend Golf Complex Bob O 'Brien, 1131 Seattle Street, noted that he spoke recently about Public Golf Management ' s tax warrants and said he is concerned that the City is paying money to them. He said it ' s possible that the city has an exposure there He also said there is a huge discrepancy in the actual and projected income He said he has been assured that beginning in April there will be monthly profit and loss statements for the golf complex. 8 Kent City Council Minutes April 16, 2002 RIVERBEND GOLF COMPLEX Mayor White said he has instructed the Finance Department to prepare the same documents that they prepare for every other department , and stated that government standards are higher than many private enterprise standards . Martin noted that the accounting and budgeting methods the city uses are a much higher standard than a profit- and-loss, and that the City has been acknowledged by the State as having a clean audit focusing on the golf course He added that the City does not believe there is any liability on the tax issue Mayor White clarified that the debt service will be paid off in 2010 Yingling noted that in 2001 the profit nearly paid for the debt service EXECUTIVE SESSION The meeting recessed into executive session at 7 48 p m. and reconvened at 8 . 02 p m. (CFN-198 ) ADJOURNMENT CLARK MOVED to adDourn at 8 : 02 p.m Woods seconded and the motion carried (CFN-198) A � �da Jacober� CMC City Clerk 9 Kent City Council Meeting Date May 7, 2002 Category Consent Calendar 1 . SUBJECT: S . 206TH STREET VACATION ORDINANCE 2 . SUMMARY STATEMENT: Adoption of Ordinance No. vacating a portion of South 206th Street . 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Public Works Committee (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 Page 1 WEST'S REVISED CODE OF WASHINGTON ANNOTATED TITLE 35.CITIES AND TOWNS CHAPTER 35.79 STREETS—VACATION Copr V West Group 2002 All rights reserved Current through Chapter 3 of 2002 Regular Session 35 79 010 Petition by owners--Fixing time for hearine The owners of an interest in any real estate abutting upon any street or alley who may desire to vacate the street or alley, or any part thereof,may petition the legislative authority to make vacation, giving a description of the property to be vacated, or the legislative authority may itself tmtiate by resolution such vacation procedure The pennon or resolution shall be filed with the city or town clerk, and, if the petition is signed by the owners of more than Iwo- thirds of the property abutting upon the part of such street or alley sought to be vacated, legislative authority by resolution shall fix a time when the petition will be heard and determined by such authority or a committee thereof, which time shall not be more than sixty days nor less than twenty days after the date of the passage of such resolution 35 79 020 Notice of hearing--Objections prior to hearing Upon the passage of the resolution the city or town clerk shall give twenty days' notice of the pendency of the petition by a written nonce posted in three of the most public places in the city or town and a like notice in a conspicuous place on the street or alley sought to be vacated The said notice shall contain a statement that a petition has been filed to vacate the street or alley described in the nonce, together with a statement of the time and place fixed for the hearing of the petition In all cases where the proceeding is initiated by resolution of the city or town council or similar legislative authority without a petition having been signed by the owners of more than two- thirds of the property abutting upon the part of the street or alley sought to be vacated in addition to the notice heremabove required, there shall be given by mail at least fifteen days before the date fixed for the hearing, a similar notice to the owners or reputed owners of all lots, tracts or parcels of land or other property abutting upon any street or alley or any part thereof sought to be vacated, as shown on the rolls of the county treasurer, directed to the address thereon shown PROVIDED, That if fifty percent of the abutting property owners file written objection to the proposed vacation with the clerk, prior to the time of hearing the city shall be prohibited from proceeding with the resolution 35 79 030 Hearing--Ordmance of vacation AMENDED WASHINGTON 2002 LEGISLATIVE SERVICE 57th Legislature,2002 Regular Session Copr © West Group 2002 All rights reserved Additions are indicated by<<+Text+>>, deletions by <G Text->> Changes in tables are made but not highlighted Vetoed provisions within tabular material are not displayed CHAPTER 55 S B No 6798 STREETS AND ALLEYS--PETITIONS AN ACT Relating to street vacations, and amending RCW 35 79 030 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON Sec. 1.RCW 35 79 030 and 2001 c 202 s 1 are each amended to read as follows Copr (0 West 2002 No Claim to Ong U S Govt Works Page 2 <<WA ST 35 79 030>> The hearing on such petition may be held before the legislative authority, or before a committee thereof upon the date fixed by resolution or at the time said hearing may be adjourned to If the hearing is before such a comanttee the same shall, following the hearing, report its recommendation on the petition to the legislative authority which may adopt or reject the recommendation If such hearing be held before such a committee it shall not be necessary to hold a hearing on the petition before such legislative authority If the legislative authority determines to grant said petition or any part thereof, such city or town shall be authorized and have authority by ordinance to vacate such street, or alley, or any part thereof, and the ordinance may provide that it shall not become effective until the owners of property abutting upon the street or alley, or part thereof so vacated, shall compensate such city or town in an amount which does not exceed one-half the appraised value of the area so vacated If the street or alley has been part of a dedicated public right-of-way for twenty-five years or more, <<+or if the subject property or portions thereof were acquired at public expense,+>> the city or town may require the owners of the property abutting the street or alley to compensate the city or town in an amount that does not exceed the full appraised value of the area vacated The ordinance may provide that the city retain an easement or the right to exercise and grant easements in respect to the vacated land for the construction, repair, and maintenance of public utilities and services A certified copy of such ordinance shall be recorded by the clerk of the legislative authority and in the office of the auditor of the county in which the vacated land is located One-half of the revenue received by the city or town as compensation for the area vacated must be dedicated to the acquisition, improvement, development, and related maintenance of public open space or transportation capital projects mthm the city or town Approved March 14, 2002 Effective June 13, 2002 35 79 035 Limitations on vacations of streets abuttme bodies of water-- Procedure (1) A city or town shall not vacate a street or alley if any portion of the street or alley abuts a body of fresh or salt water unless (a)The vacation is sought to enable the city or town to acquire the property for port purposes,beach or water access purposes, boat moorage or launching sites, park, public view, recreation, or educational purposes, or other public uses, (b)The city or town, by resolution of its legislative authority, declares that the street or alley is not presently being used as a street or alley and that the street or alley is not suitable for any of the following purposes Port, beach or water access,boat moorage, launching sites,park,public view,recreation, or education, or (c) The vacation is sought to enable a city or town to implement a plan, adopted by resolution or ordinance, that provides comparable or improved public access to the same shoreline area to which the streets or alleys sought to be vacated abut,had the properties included in the plan not been vacated (2) Before adopting a resolution vacating a street or alley under subsection (1)(b) of this section, the city or town shall (a)Compile an inventory of all rights of way within the city or town that abut the same body of water that is abutted by the street or alley sought to be vacated, (b)Conduct a study to detemune if the street or alley to be vacated is suitable for use by the city or town for any of the following purposes Port,boat moorage, launching sues, beach or water access, park, public view, recreation, or education, (c) Hold a public hearing on the proposed vacation in the manner required by this chapter, where in addition to the Copr (d West 2002 No Claim to Ong U S Govt Works Page 3 normal requirements for publishing notice, notice of the public hearing is posted conspicuously on the street or alley sought to be vacated, which posted notice indicates that the area is public access, it is proposed to be vacated, and that anyone objecting to the proposed vacation should attend the public hearing or send a letter to a particular official indicating his or her objection, and (d)Make a finding that the street or alley sought to be vacated is not suitable for any of the purposes listed under(b) of this subsection, and that the vacation is in the public interest (3) No vacation shall be effective until the fair market value has been paid for the street or alley that is vacated Moneys received from the vacation may be used by the city or town only for acquiring additional beach or water access, acquiring additional public view sites to a body of water,or acquiring additional moorage or launching sites 35 79 040 Title to vacated street or alley If any street or alley in any city or town is vacated by the city or town council the property within the hunts so vacated shall belong to the abutting property owners, one-half to each 35 79 050 Vested nehts not affected No vested rights shall be affected by the provisions of this chapter Copr C) West 2002 No Claim to Ong U S Govt Works ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, relating to the vacation of a portion of South 206th Street, in the City of Kent WHEREAS, a petition to vacate a portion of South 206th Street was filed with the City of Kent by Specialty Metals, the owner of real property located on South j I 206th Street and 84th Avenue S in the City of Kent, King County, Washington, and I I WHEREAS, the Kent Planning Services Office processed this petition and secured technical facts pertinent to the question of this vacation, and WHEREAS, the Kent City Council fixed a time for a public hearing on the petition and the hearing was held with proper notice on November 20, 2001, in the City I Council Chambers of the Kent City Hall, and WHEREAS,the Kent Planning Service Office recommended that the City I Council approve the petition with the following conditions (1) the City is compensated in US currency for the value of the right of way as prescribed by State law and City code, (2) the City retains an easement over,under and upon said property to be vacated for its public utilities (storm drainage, sewer, and water) that either presently exist or may exist in the 1 Street Vacation- South 206th Street future; (3) the City retains the right to assign its easement rights to any private or quasi private company such as power, gas, cable, or telephone that has existing uhliheslfacihties over, under and upon said property to be vacated, and (4) the petitioner grants ingress, egress, and utilities easement rights over under and upon said property to be vacated for the benefit of the real property(tax lot#70 of SE 1-22-4), which lies immediately westerly of the petitioner's property, and also for the benefit of the real property(tax lot 445 of SE 1-22-4); which lies immediately southerly of the petitioner's property, and WHEREAS, after the public hearing on November 20, 2001, the City Council approved the vacation with the conditions recommended by staff and approved by Council, and i WHEREAS, the City Council finds that the portion of street sought to be ' vacated is (1) a dedicated street that is presently unused; (2) not abutting on a body of water and, therefore, not suitable for acquisition for port purposes, boat moorage or launching sites, park, viewpoint, recreational or education purposes, or other public use, and (3) a vacation which is in the public interest, and i WHEREAS, the City Council has directed the preparation of an ordinance vacating the portion of said street; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS, SECTION 1. The foregoing recitals are incorporated as if fully set forth herein 2 Street Vacation- South 206th Street SECTION2. That a portion of South 206th Street in the City of Kent as described in Exhibit A, which is attached and incorporated herem by this reference, is hereby vacated. SECTION3. Asa condition of obtaining this vacation the following have been completed: (1) the Petitioner has compensated the City in US currency for the value of the right of way as prescribed by State law and City code, (2) the City has retained an easement over, under and upon said property to be vacated for its public utilities (storm drainage, sewer, and water) that either presently exist or may exist in the future, (3) the City has retained the right to assign its easement rights to any private or quasi private i I company such as power, gas, cable, or telephone that has existing utilities/facilities over, i under and upon said property to be vacated, and (4) the Petitioner has granted ingress, egress, and utilities easement rights over, under and upon the vacated property for the benefit of the real property(tax lot#70 of SE 1-22-4) which lies immediately westerly of the petitioner's property, and also for the benefit of the property(tax lot#45 of SE 1-22-4) J which lies immediately southerly of the petitioner's property i II SECTION 4. No vested rights shall be affected by the provisions of this ordinance .I I SECTION S. — Severability If any one or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of tlus ordinance and the same shall remain in full force and effect. 3 Street Vacation- South 206th Street SECTION 6 —Effective Date This ordinance shall take effect and be in force thirty(30) days from and after its passage, approval and publication as provided by law JIM WHITE, MAYOR ATTEST BRENDA JACOBER, CITY CLERK II� APPROVED AS TO FORM TOM BRUBAKER, CITY ATTORNEY I� PASSED, day of 2002 i APPROVED day of 2002. PUBLISHED day of 2002 I I I hereby certify that this is a true copy of Ordinance No passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated it (mar) BRENDA JACOBER, CITY CLERK � e�n.,no�u�v.wszo�ns�vx a� I 4 Street Vacation- South 206th Street 40" RECEIVED SEP 0 4 zoo, �� PROPFRiY WANRGEmry `-� KENT rp WAIIIINOfON Maym Jlot While 10VA11 RE5v zolzW AIAIIAO: AI'I'Ll CAN 1. l CITY OFKENT N,"IB �P_Clalw IAtzI , IS Property Managcnunl RE EIV 220S 4"Avenue D ADDRESS ZOb Kcnt,Washington 98032 AUG 0 Attu JerryMcCaughao PF1OPE iT Or K T n Y MANA S-} EMENI PHONE. 2 cZ STREET AND/ ALLEY VACATION A PIT ICATION AND PE 1 I'1 ION Dear Mayor and Kent City Couaul We, the undcisigncrl " city owlim, hcrcbv icspeorlly i,qucsl hat i, it;, S '2010k`- 8 ui �- o hcicby be vacated Legal Descuplion of5tice/A11Mr Sought to be V,ILdled (Must Contain I otal Squatc 1 ect of Arca Sought to Be VeLdIUI) /.'�FEA TD /a7 7/1 Cff ED tXlul3lr /- `BRIEF STATEMENT 1VIlY VACATION IS TIEING SOUGHT IsA"CURRENI"lide rcpoil must be subnunccl with this apph�aUon that covers all llic abutting propcilms contiguous h> alley m shed sought to be vacated When Cmpmaltons, flat Inu ships, ctc, air being signed for, mW lhco ploor of Individual's m.itholity to Sign for same shell ASS be subuulled Attach a enlnr-ended map of a scale,of not Icss Ih.ui I"=200' of the ucd sought It)[ veLAon (NOTE) Map must correspond with Icgal descnpliou ABUTTI ROPERI'Y OWNERS TAX LOI 11 S TURES AIP APDRESSES 1-01,BLOCK & PLA IIS- I OWN RC dSM� u �-`- /p CU E 6 L Pi1R7NE(' Trll. -}-�r),c,• - E 5 cU M EM B E —4=v 50 00 Fec Paid Ticasurm's Rcccipt No Appraisal Fee Paid _ Iicaswer's Rccclpl No, Lanni Value Paid _ _ ricasurci's Receipt No Deed Accepted Dale Tradc Accepted _ Date S\P"wy MalaSn+xnt\Wnbml AiryRWc EXHIBIT "A" STREET VACATION LEGAL DESCRIPTION TEAT POP.TION Cr SOUTB 206TA' STPBPT IN TEE SOIITBEAST QUARTIP OF TEE SOUTEEdST QUAF.TPP. OF SECTION 1, TO#NSBIP 22 NOP.TB PUNCE 4 r., r-M.., dTNC COUNTY. STdTE OF )l6SPlNCTON, DPS'CRIBED AS FOLLO.IS• CJ,k' 'NCINC dT TEE SOUTEL4ST CORNPP. OF SAID SUBD7Y7SION,• TEENCE NOO5522'E , Z0jvC TEP BAST .LTNP OF W.D S ROMSION 721.57 FEET, TEEA'Cx N8859 23'1l 80.00 FEET TO TBE TP.UP POINT OP BECINNINC,- T&'PNCP SOO'55 22'►'PAP.d=Z TO TEE' PAST LINZ OF SAID SLSIDIYISlON 30 fEPT,• TEENCP N88'59 23",I'A DISTANCE' OF 300 PEET,' TEENCP N00'S5'2rP d DISTANCE OF 30 FPPT• THENCE S88'59 Z3"E A DISTANCE OF SOO FEET TO THE TPLT POINT OP BEGINNING. FYC c'ASI JSfI4 877S' CO3ATLININ6 IMF► SQ. F3: 01040i) FX nNG BUILDING T 6 1 f" = loop v 4 0 EXISTING BUILDING +�- 5� m a v 26003 co Q]� S0 vZ Q n� . FT. z Hw - a5 >l N ymPI in j m O ti 2 W ^�.J 13.8588 59'23'A 300.00' t3Q S. 206TH ST. ; T 2Q8S59'23'X 300.00' � - = b o o 0 M o 1 6 CID ' 12 7 • Kent City Council Meeting Date May 7 , 2002 Category Consent Calendar 1 . SUBJECT: 48TH AVENUE SOUTH STREET VACATION - RESOLUTION 2 SUMMARY STATEMENT: Passage of Resolution No. , which amends the public hearing date on the surplus SR 516 (48th Place South) street vacation petition from May 21, 2002 , to June 18, 2002 . Resolution No. 1612 submitted for Council ' s review at the April 16, 2002, Council meeting contained an incorrect legal description. In correcting this matter, it is necessary to reschedule the public hearing to June 18 , 2002 . This Resolution corrects the error. 3 . EXHIBITS: Resolution 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. 6D Page 1 WEST'S REVISED CODE OF WASHINGTON ANNOTATED TITLE 35. CITIES AND TOWNS CHAPTER 35.79. STREETS—VACATION Copr © West Group 2002 All rights reserved Current through Chapter 3 of 2002 Regular Session 35 79 010 Petition by owners--Fixing time for hearing The owners of an interest in any real estate abutting upon any street or alley who may desire to vacate the street or alley,or any part thereof, may petition the legislative authority to make vacation,giving a description of the property to be vacated, or the legislative authority may itself initiate by resolution such vacation procedure The petition or resolution shall be filed with the city or town clerk, and, if the petition is signed by the owners of more than two- thirds of the property abutting upon the part of such street or alley sought to be vacated, legislative authority by resolution shall fix a time when the petition will be heard and determined by such authority or a committee thereof, which time shall not be more than sixty days nor less than twenty days after the date of the passage of such resolution 35 79 020 Notice of hearma--Objections prior to hearing Upon the passage of the resolution the city or town clerk shall give twenty days' nonce of the pendency of the petition by a written notice posted in three of the most public places in the city or town and a like nonce in a conspicuous place on the sheet or alley sought to be vacated The said nonce shall contain a statement that a petition has been filed to vacate the street or alley described in the notice, together with a statement of the time and place fixed for the hearing of the petition In all cases where the proceeding is initiated by resolution of the city or town council or similar legislative authority without a petition having been signed by the owners of more than two- thirds of the property abutting upon the part of the street or alley sought to be vacated in addition to the nonce hereuiabove required, there shall be given by trail at least fifteen days before the date fired for the hearing, a sun dar notice to the owners or reputed owners of all lots, tracts or parcels of land or other property abutting upon any street or alley or any pan thereof sought to be vacated, as shown on the rolls of the county treasurer directed to the address thereon shown PROVIDED, That if fifty percent of the abutting property owners file written objection to the proposed vacation with the clerk, prior to the time of hearing, the city shall be prohibited from proceeding with the resolution 35 79 030 Hearmg--Ordmance of vacation AMENDED WASHINGTON 2002 LEGISLATIVE SERVICE 57th Legislature,2002 Regular Session Copr © West Group 2002 All rights reserved Additions are indicated by<<+Text+>>, deletions by <<-Text->> Changes in tables are made but not highlighted Vetoed provisions within tabular material are not displayed CHAPTER 55 S B No 6798 STREETS AND ALLEYS--PETITIONS AN ACT Relating to sheet vacations, and amending RCW 35 79 030 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON Sec. 1.RCW 35 79 030 and 2001 c 202 s 1 are each amended to read as follows Copr © West 2002 No Claim to Ong U S Govt Works Page 2 <<WA ST 35 79 030>> The hearing on such petition may be held before the legislative authority, or before a committee thereof upon the date fixed by resolution or at the time said hearing may be adjourned to If the hearing is before such a corrunittee the same shall, following the hearing, report its recommendation on the petition to the legislative authority which may adopt or reject the recommendation If such hearing be held before such a committee it shall not be necessary to hold a hearing on the petition before such legislative authority If the legislative authority determines to grant said petition or any part thereof, such city or town shall be authorized and have authority by ordinance to vacate such street, or alley, or any part thereof, and the ordinance may provide that it shall not became effective until the owners of property abutting upon the street or alley,or part thereof so vacated, shall compensate such city or town in an amount which does not exceed one-half the appraised value of the area so vacated If the street or alley has been part of a dedicated public right-of-way for twenty-five years or more, <<+or if the subject property or portions thereof were acquired at public expense,+>> the city or town may require the owners of the property abutting the street or alley to compensate the city or town in an amount that does not exceed the full appraised value of the area vacated The ordinance may provide that the city retain an easement or the right to exercise and grant easements in respect to the vacated land for the construction,repair, and maintenance of public utilities and services A certified copy of such ordinance shall be recorded by the clerk of the legislative authority and in the office of the auditor of the county in which the vacated land is located One-half of the revenue received by the city or town as compensation for the area vacated must be dedicated to the acquisition improvement, development, and related maintenance of public open space or transportation capital projects within the city or town Approved March 14,2002 Effective June 13, 2002 35 79 035 Limitations on vacations of streets abuttin,bodies of water-- Procedure (1) A city or town shall not vacate a street or alley if any portion of the street or alley abuts a body of fresh or salt water unless (a)The vacation is sought to enable the city or town to acquire the property for port purposes,beach or water access purposes, boat moorage or launching sites, park, public view, recreation, or educational purposes, or other public uses (b) The city or town, by resolution of its legislative authority, declares that the street or alley is not presently being used as a street or alley and that the street or alley is not suitable for any of the following purposes Port, beach or water access,boat moorage, launching sites,park,public view, recreation,or education, or (c) The vacation is sought to enable a city or town to implement a plan, adopted by resolution or ordinance, that provides comparable or improved public access to the same shoreline area to which the streets or alleys sought to be vacated abut, had the properties included in the plan not been vacated (2) Before adopting a resolution vacating a street or alley under subsection (1)(b) of this section, the city or town shall (a)Compile an inventory of all rights of way within the city or town that abut the same body of water that is abutted by the street or alley sought to be vacated, (b) Conduct a study to determine if the street or alley to be vacated is suitable for use by the city or town for any of the following purposes Port,boat moorage, launching sites, beach or water access, park, public view, recreation, or education, (c) Hold a public hearing on the proposed vacation in the manner required by this chapter, where in addition to the Copr ® West 2002 No Claim to Ong U S, Govt Works Page 3 normal requirements for publishing notice, notice of the public hearing is posted conspicuously on the street or alley sought to be vacated, which posted notice indicates that the area is public access, it is proposed to be vacated, and that anyone objecting to the proposed vacation should attend the public hearing or send a letter to a particular official indicating his or her objection, and (d)Make a finding that the street or alley sought to be vacated is not suitable for any of the purposes listed under(b) of this subsection, and that the vacation is in the public interest (3) No vacation shall be effective until the fair market value has been paid for the street or alley that is vacated Moneys received from the vacation may be used by the city or town only for acquiring additional beach or water access, acquiring additional public view sites to a body of water, or acquiring additional moorage or launching sites 35 79 040 Title to vacated street or allev If any street or alley in any city or town is vacated by the city or town council, the property within the hunts so vacated shall belong to the abutting property owners, one-half to each 35 79 050 Vested rights not affected No vested rights shall be affected by the provisions of this chapter Copr 0 West 2002 No Claim to Ong US Govt Works RESOLUTION NO. A RESOLUTION of the City of Kent, Washington, amending Resolution No 1612, regarding the vacation of a portion of surplus SR 516 in the southwest quarter of the northeast quarter of Section 22, Township 22 North,Range 4 East, W M in King County, and setting the public hearing on the proposed street vacation for June 18, 2002 WHEREAS, a petition, attached as Exhibit "A", has been filed by Jim Cassel to vacate a portion of surplus State Route 516 legally described in Exhibit"A" and generally lying in the southwest quarter of the northeast quarter of Section 22, Township 22 North, Range 4 East, W M in King County, Washington, and WHEREAS, the petition is signed by the owners of at least two-thirds of the real property abutting that portion of surplus State Route 516 to be vacated, and WHEREAS, the petition is in all respects proper, and WHEREAS, the Resolution No 1612 submitted for Council's review at the April 16, 2002, Council meeting contained an incorrect legal description, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS 1 Street Vacation —Surplus SR 516 Setting Public Hearing for June 18, 2002 SECTION 1. A public hearing on the street vacation petition requesting the vacation of a portion of surplus State Route 516, legally described in Exhibit "A", shall be held at a regular meeting of the Kent City Council at 7 00 p m , Tuesday, June 18, 2002, in the Council Chambers of City Hall located at 220 4th Avenue South, Kent, Washington, 98032, rather than the May 21,2002, date reflected in Resolution No. 1612. SECTION2. The City Clerk shall give proper notice of the hearing and cause the notice to be posted as provided by state law, Ch 35 79 RCW SECTION 3. The Planning Manager shall obtain any other necessary information from appropriate departments and shall transmit the information to the Council so that the Council may consider the matter at its regularly scheduled meeting on June 18, 2002 PASSED at a regular meeting of the City Council of the City of Kent, Washington this day of May, 2002 CONCURRED in by the Mayor of the City of Kent, this day of May, 2002 JIM WHITE, MAYOR ATTEST BRENDA JACOBER, CITY CLERK 2 Street Vacation —Surplus SR 516 Setting Public Hearing for June 18, 2002 APPROVED AS TO FORM TOM BRUBAKER, 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, on the day of May, 2002 (SEAL) BRENDA JACOBER, CITY CLERK 3 Street Vacation —Surplus SR 516 Setting Pubfnc Hearing for June 18, 2002 MAR 0 7 ZOOZ ��• CITY TYCCLERKT KENT ",°o'o" 20Zo 5019 Mayor Jill]Willi, ICIVAN: MAIL TO APPLICANNI /' CITY OR KEN'r NAME \, IM l-< e � Property Management �7 220S 4"'Avenue ADDRESS- 35'o� -Iq �r' Kcal,Washington 98032 ^ p Alin Jelly McCaughan EVC-C Ff w t7 1820 5— PHONE �2-50 3s-syol STIZPE'C AND/OR ALLEY VACATION APPLICATION AND PETITION Dear Mayo) and Kent City Council r We, the undeislgued abutlrng piopclly owners,hereby respectfully ieque1st that ceilain o r r'0 ^ o i� S���us 5RS1(„ in toe SW Vy t(ne .U£li4 "{` ZZ22Uy 4L\JaCicr}-/'o 22z Zo yq oSB hereSY be oc�cate�f J-- .,U- /,--/ ,--r Legal Description of Sheel/Alley Sought to be Vacated (Must Contain I otal Square feet of Aiea Sought 1 o fie Vacated) DEFER Tc� /-77TNCHEU Fn2 �Ec-RL �� �1,4P 812113E S'1'ATI1 NIEsNl' WHY VACATION IS BEING SOUGHT A"CURRFN1" title repotl must be submitted with llus application that covets all the abutling propethes contiguous to alley or street sought to be vaaaled When Coipolallons, Pallneiships, etc aie being signed foi, and [hen proof of individual's authority to sign fot same shall also be subnuttcd Attach a color-coded map of n scale ofnot less Than l"=200' of the urea sought for vacation (NOTE) Map must couespoud with legal description ABUTTING PROPPRI Y OWNERS I AX LOT 0 S1GNA�T {RP AND AI)DRI'SSES LO r, BLOCK& PLA r/SEC'1 OWN RG 22zzvy�(o5c� $150 00 fee Patti 42 5 11easwci's Receipt No Appinisal Pee Paid I teasurer's Receipt No Land Value 1'a1d I teas itei's Receipt No Deed Accepted Daie Ttadc Accepted Date S\I'ugray N.m...... V niunn APp Jai EXHIBIT "A" w MAR 0 7 2002 L�J RIGHT-OF-VACATION CITY C KENT CITY CLERK LEGAL DESCRIPTION THE SOUTH 254.35 FEET OF THE NORTH 508.65 FEET OF THE EAST 143 00 FEET OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER LYING WEST OF KENT-DES MOINES ROAD MEASURED ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 22 NORTH, RANGE 4 EAST, W M., IN KING COUNTY, WASHINGTON, EXCEPT STATE HIGHWAY BEGINNING AT THE NORTHEAST CORNER OF THE ABOVE DESCRIBED PROPERTY THENCE SOUTH 100 13' 04"EAST ALONG THE EASTERLY LINE THEREOF A DISTANCE OF 157 51 FEET, THENCE CONTINUING ALONG SAID LINE SOUTH 10° 03' 11" WEST A DISTANCE OF 100 77 FEET TO THE SOUTHEAST CORNER OF SAID ABOVE DESCRIBED PROPERTY THENCE SOUTH 890 10' 00" EAST ALONG THE EASTERLY EXTENSION OF THE SOUTH LINE OF SAID PROPERTY, A DISTANCE OF 117 23 FEET TO A POINT ON A CURVE, CONCAVE NORTHEASTERLY, THE RADIAL CENTER OF WHICH BEARS NORTH 720 52' 08" EAST, THENCE NORTHWESTERLY, ALONG SAID CURVE, HAVING A RADIUS OF 1640 00 FEET, THROUGH A CENTRAL ANGLE OF 060 52'47", AN ARC DISTANCE OF 196 92 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHWESTERLY, THE RADIAL CENTER OF WHICH BEARS SOUTH 79° 44' 55" WEST, THENCE NORTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 25 00 FEET, THROUGH A CENTRAL ANGLE OF 580 38' 59", AN ARC DISTANCE OF 25 59 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY, THE RADIAL CENTER OF WHICH BEARS NORTH 210 05' 56" EAST THENCE NORTHWESTERLY ALONG SAID CURVE. HAVING A RADIUS OF 65 00 FEET, THROUGH A CENTRAL ANGLE OF 55° 40' 54", AN ARC DISTANCE OF 63 17 FEET TO THE EASTERLY EXTENSION OF THE NORTHLINE OF THE HEREIN-ABOVE DESCRIBED PROPERTY, THENCE NORTH 890 10' 00" WEST, ALONG SAID EASTERLY EXTENSION, A DISTANCE OF 25 59 FEET MORE OR LESS TO THE POINT OF BEGINNING 4\ NP I Charles Ecklond MAR 0 7 2002 _ REA SOUGHT TO a BE VACATED \�\\ CITY OF KE�; Tcs4 „ n CITY CLER„ I y1 O\ r,no 1�1 65 i Gov't. Lot 34.70 Acres '; \\ Rashiard LP 1--)Oo 7r, ,ram J 'r m O L � A PH54I' � v, v qr4 UNIT 'a �� 1\h �4, % I0 W EST R ' ► �/ s i J dr PHS% \� 4 UNITS� C\ PHS 4UN1js pHs 4 UNITS y.� \ �� PMS I� 3lL � I✓\VJ) W N ` T 0 4 CON \ rl� PHS L^ PH9 YID r A ONO PH UNITS ^P- 4 UNITS 4 �4 uNl S u 135 TT 3aa 67 4 UNIT eRH9 ` PHASES \{1`�''� n Plis J y 4UNIT5 4 UNITS Lie;`= I'4UNIT9 I�gBm aLry I� u3uI.4 UN 4 1H 5 UN 5 TS 4148L I PHASE •� [v[ 4 UNITS s 0 o� a i / ! �I� N Ao 6 6 I Q Bay Construct) In Inc, 2fC Kent City Council Meeting Date May 7 , 2002 Category Consent Calendar 1 . SUBJECT: STREET VACATION, SE 266TH STREET - RESOLUTION SETTING HEARING DATE 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, passage of Resolution No . setting a public hearing date of June 18th for vacating a portion of SE 266th Street 3 . EXHIBITS: Resolution and Public Works Director memorandum 4 . RECOMMENDED BY: Public Works Committee (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. 6E Page 1 WEST'S REVISED CODE OF WASHINGTON ANNOTATED TITLE 35.CITIES AND TOWNS CHAPTER 35.79. STREETS--VACATION Copr © West Group 2002 All rights reserved Current through Chapter 3 of 2002 Regular Session 35 79 010 Petition by owners--Fixing time for hearing The owners of an interest in any real estate abutting upon any street or alley who may desire to vacate the street or alley, or any part thereof, may petition the legislative authority to make vacation,giving a description of the property to be vacated, or the legislative authority may itself initiate by resolution such vacation procedure The petition or resolution shall be filed with the city or town clerk, and, if the petition is signed by the owners of more than two- thirds of the property abutting upon the part of such street or alley sought to be vacated, legislative authority by resolution shall fix a time when the petition will be heard and determined by such authority or a committee thereof, which time shall not be more than sixty days nor less than twenty days after the date of the passage of such resolution 35 79 020 Notice of hearing--Objections prior to hearing Upon the passage of the resolution the city or town clerk shall give twenty days' notice of the pendency of the petition by a written notice posted in three of the most public places in the city or town and a like nonce in a conspicuous place on the street or alley sought to be vacated The said notice shall contain a statement that a petition has been filed to vacate the street or alley described in the notice, together with a statement of the time and place fixed for the hearing of the petition In all cases where the proceeding is initiated by resolution of the city or town council or similar legislative authority without a petition having been signed by the owners of more than two- thirds of the property abutting upon the part of the street or alley sought to be vacated, in addition to the notice heremabove required, there shall be given by mail at least fifteen days before the date fixed for the hearing, a sirrular notice to the owners or reputed owners of all lots tracts or parcels of land or other property abutting upon any street or alley or any part thereof sought to be vacated, as shown on the rolls of the county treasurer directed to the address thereon shown PROVIDED, That if fifty percent of the abutting property owners file written objection to the proposed vacation with the clerk, prior to the time of hearing, the city shall be prohibited from proceeding with the resolution 35 79 030 Hearina--Ordinance of vacation AMENDED WASHINGTON 2002 LEGISLATIVE SERVICE 57th Legislature,2002 Regular Session Copr © West Group 2002 All rights reserved Additions are indicated by<<+Text+>>, deletions by <<-Text->> Changes in tables are made but not highlighted Vetoed provisions within tabular material are not displayed CHAPTER 55 S B No 6798 STREETS AND ALLEYS--PETITIONS AN ACT Relating to street vacations, and amending RCW 35 79 030 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON Sec. 1.RCW 35 79 030 and 2001 c 202 s 1 are each amended to read as follows Copr © West 2002 No Claim to Ong U S Govt Works Page 2 <<WA ST 35 79 030>> The hearing on such petition may be held before the legislative authority, or before a committee thereof upon the date fixed by resolution or at the time said hearing may be adjourned to If the hearing is before such a committee the same shall, following the hearing, report its recommendation on the petition to the legislative authority which may adopt or reject the recommendation If such hearing be held before such a committee it shall not be necessary to hold a hearing on the petition before such legislative authority If the legislative authority determines to grant said petition or any part thereof, such city or town shall be authorized and have authority by ordinance to vacate such street, or alley, or any part thereof, and the ordinance may provide that it shall not become effective until the owners of property abutting upon the street or alley, or part thereof so vacated, shall compensate such city or town in an amount which does not exceed one-half the appraised value of the area so vacated If the street or alley has been part of a dedicated public tight-of-way for twenty-five years or more, <<+or if the subject property or portions thereof were acquired at public expense,+>> the city or town may require the owners of the property abumng the street or alley to compensate the city or town in an amount that does not exceed the full appraised value of the area vacated The ordinance may provide that the city retain an easement or the right to exercise and grant easements in respect to the vacated land for the construction, repair, and maintenance of public utilities and services A certified copy of such ordinance shall be recorded by the clerk of the legislative authority and in the office of the auditor of the county in which the vacated land is located One-half of the revenue received by the city or town as compensation for the area vacated must be dedicated to the acquisition, improvement, development, and related maintenance of public open space or transportation capital projects within the city or town Approved March 14,2002 Effective June 13, 2002 35 79 035 Limitations on vacations of streets abutting bodies of water--Procedure (1) A city or town shall not vacate a street or alley if any portion of the street or alley abuts a body of fresh or salt water unless (a)The vacation is sought to enable the city or town to acquire the property for port purposes, beach or water access purposes, boat moorage or launching sites, park, public view, recreation, or educational purposes, or other public uses, (b) The city or town,by resolution of its legislative authority, declares that the street or alley is not presently being used as a street or alley and that the street or alley is not suitable for any of the following purposes Port, beach or water access,boat moorage, launching sites,park,public view, recreation,or education or (c) The vacation is sought to enable a city or town to implement a plan, adopted by resolution or ordinance, that provides comparable or improved public access to the same shoreline area to which the streets or alleys sought to be vacated abut,had the properties included in the plan not been vacated (2) Before adopting a resolution vacating a street or alley under subsection (1)(b) of this section. the city or town shall (a) Compile an inventory of all tights of way within the city or town that abut the same body of water that is abutted by the street or alley sought to be vacated, (b) Conduct a study to deterriune if the street or alley to be vacated is suitable for use by the city or town for any of the following purposes Port, boat moorage, launching sites, beach or water access, park, public view, recreation, or education, (c) Hold a public hearing on the proposed vacation in the manner required by this chapter, where in addition to the Copr 9 West 2002 No Claim to Ong U S Govt Works Page 3 normal requirements for publishing notice, notice of the public hearing is posted conspicuously on the street or alley sought to be vacated, which posted notice indicates that the area is public access, it is proposed to be vacated, and that anyone objecting to the proposed vacation should attend the public hearing or send a letter to a particular official indicating his or her objection, and (d)Make a finding that the street or alley sought to be vacated is not suitable for any of the purposes listed under(b) of this subsection,and that the vacation is in the public interest (3) No vacation shall be effective until the fair market value has been paid for the street or alley that is vacated Moneys received from the vacation may be used by the city or town only for acquiring additional beach or water access, acquiring additional public view sites to a body of water, or acquiring additional moorage or launching sites 35 79 040 Title to vacated street or alley If any street or alley in any city or town is vacated by the city or town council, the property within the limits so vacated shall belong to the abutting property owners,one-half to each 35 79 050 Vested nehts not affected No vested rights shall be affected by the provisions of this chapter • Copr © West 2002 No Claim to Ong U S Govt Works PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Pulhc Works Ducctor Phone 253-856-5500 KEN T Fax 253-856-6500 Address 220 Fourth Avenue S Kent,WA 98032-5895 Date , April 15 , 2002 To Publr�, Wprks Committee From Don Wickstrom, Public Works Director Sub]ect Street Vacation - Southeast 266th Street We have received a valid petition to vacate a portion of Southeast 266th Street In accordance with state law, a public hearing must be held. The Public Works Department recommends adoption of a resolution setting the public hearing date MOTION. Recommend Council adoption of a resolution setting a public hearing date of June 18th for the street vacation located along Southeast 266th Street s[vacation -------------------------------- ----- --- IIATN A SE 0 JO -- �o gR I + I � � I 1 I r i w I ` i yamq -I I I 4 � I I I - II o v II fl I I m Z _ L� _ r o — _- - — _ - -_ - - - - _ -- - _ __ — ____-_______ 193N0 AYE SE____—__ 0 a P �� I 9Tq 1 uv AIONT OF WAY VACATION£XNINIT r E B 1 ^ NdL LAND HIGHLAND PARK {A 7 cirY ov xrxr wnse«xcrax - n� RESOLUTION NO. A RESOLUTION of the City of Kent, Washington, regarding the vacation of a portion of SE 266th Street right-of-way between 128th Avenue SE and 132nd Avenue SE, lying within the northeast quarter of the southeast quarter of Section 28, Township 22 North, Range 5 East, W M in King County, and setting the public hearing on the proposed street vacation for June 18, 2002 WHEREAS, a petition, attached as Exhibit A, has been filed by Mark Holland of Pacific Land Consulting, Inc to vacate a portion of SE 266th Street right-of- way, between 128th Avenue SE and 132nd Avenue SE, a deeded street lying generally in the northeast quarter of the southeast quarter of Section 28, Township 22 North,Range 5 East, W M in King County, Washington, and WHEREAS, the petition is signed by the owners of at least two-thirds of the real property abutting that portion of the SE 266th Street nght-of-way to be vacated, and WHEREAS, the petition is in all respects proper, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS I Street Vacation — SE 266th St. Right-of-Way SECTION 1. A public hearing on the street vacation petition requesting the vacation of a portion of SE 266th Street right-of-way shall be held at a regular meeting of the Kent City Council at 7 00 p m , Tuesday, June 18, 2002, in the Council Chambers of City Hall located at 220 4th Avenue South, Kent, Washington, 98032 SECTION 2. The City Clerk shall give proper notice of the hearing and cause the notice to be posted as provided by state law, Ch 35 79 RCW SECTION 3. The Planning Manager shall obtain any other necessary information from appropriate departments and shall transmit the information to the Council so that the Council may consider the matter at its regularly scheduled meeting on June 18, 2002 PASSED at a regular meeting of the City Council of the City of Kent, Washington this day of May, 2002 CONCURRED in by the Mayor of the City of Kent, this day of May, 2002 JIM WHITE, MAYOR ATTEST BRENDA JACOBER, CITY CLERK 2 Street Vacation — SE 266th St. Right-of-Way APPROVED AS TO FORM TOM BRUBAKER, 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, on the day of May, 2002 (SEAL) BRENDA JACOBER, CITY CLERK 3 Street Vacation — SE 266th St. Right-of-Way FEB -:8' 4218EC', 17 39 'SENT FCANNIIG TEL 23J 830 2544 _P G02 pgmygg MAR 13 2002 CCITYCLERK `/ KENT W..M,.e ra• Mayer]im White KIVAA; ZL�Z MAIL TO, APPLIC _ CITY Or ICENT NAME. nroparty Wanagem m zro s �'�nvrrine ADDRESS- l3 �� � ALinYCI ' aahWC ShAri'1903 �J YYw.ry Od �1 q-q a 3 7, Aetn ]emery McCaughan � -j L P$UNF., y2 S STREET AND/OR ALLEY VACATION APPLICATION AND PETITION Dear`dayor arid, Iunt C,ty,Counetl. We, fhe undersigned ab Lund pr4T'tiy owners, htrcov rMpectPd'y request that Leriart fy I�s+ac area 32�➢ p` 8;E npucut orsire-uAlley S-ugnt to be Vaemed "must Conuiv Toial Souare Pee;uC,4Tefl doughi'fo Qe Vacale0) 7' pru vF 52�,f�6r/1 Sr.ZYX wlrlrlAl7 ,r,j- �o�sE'„ . � zs >4 �«c� F�s�«� BRIEF STATEMENT WHY VACATION 15 BEItiG SCL'CIfT A" C1R cart"v:ke retort nnist be suumitted with Jus oppheatzri tbat coves all fhe abutting p.opetvas cartiguous to alley or street soughT to be vai,a:±C Wq'en Corporations, rariacralups, Cm art bang siVied for, due then preOf of mdtvidual'n authopty to sr$t For salve sash u'sO be submincd anse!T u color-uoded mmt of s ;eelt cf not teas that 1"=200' o:I'ro.:. a;ought for vacauva INCTES 'dap must 9�11`respond With legI,.l description ABLTTMG PROPERTY OWN EPS TAXLOTN SIGNA ru RES AND ADDRESSES LOT,9LOCX & :.AT/SEC.TOWNRG s ISO 00 Fee Paid Treaawar's Receipt No. Appraisal Fee Nod T�nrer's Receipt No. _ Latut Value P.ud Tr=i,;e-'s Receipt No. Deed Accepted Date Trade Amsted Mae i'F, 'W Nrnpv.VA—W A"4t EXHIBIT "A" FEB -20'02(WEDI 17 39 RENT PLANNING TEL 253 050 2544 _ _P 002 _ t4AR 13 2aa2 KENT �CIYTY CLERK �•/ KENT wilewive•on 9 i) p// Mayor Tim While KIVA#, I MAIL TO' APPLICANT' _�LAvk �D�Lt,1 � CITY OF KENT NAME: � it Property Management ^i6G 3 220 S 4°Avenue ADDR �ESS. 17 , { i1 Kent,Washington 99012 1\)-%1�+ 4' 80 Min Jerry McCaughan Lt`1 r--V ^"C6 PI]ONE. y'`� 31(;- $4 3 5� STREET AND/OR ALLEY VACATION APPLICATION AND PETITION Dear Mayor and Kett City Council r t Q We,the undersigned ahuurng propeny owners,hereby respectCufly request that certain�L '��D�rv�' '`�� hereby he vacated bc}wee1, (ZS fh 40-0. Legal Description of SLieet/Alley Sought to be Vacated ale— (Must Contain Total Square Feet eCArea Sought To Be Vacated) Trfiq'T 41ri. C,- ,J�c..'.GioT'v�LyiL. l011/fI t' Is¢E ib` "*/h'e BRIEF STATEMENT WHY VACATION IS BEING SOUGHT A"CCSRREN f"title report must be submitted with this application llim covers all the abutting propet9rs contiguous to alley or street sought to be vacated When Corporations, Pannerslips, ctc are being signed For, dnd then proof or individual's authority to sign for saute snall also he suornatc l Attach a color-coded map of a scale of not less than 1"=200'of the area sought for vacation (NOTE) Map must correspond with legal description ABVITING PROPERTY OWNERS TAX LOT# SIGNATURES ANID ADDRESSES LOT,13LOCK&PLATISEC TOWN RG a 150 00 Fee Paid i Trrsurer's Receipt No Appraisal Fee Paid Treasurer's Receipt No Land Value Paid Tressurer's Receipt No Deed Accepted Date Trale Acccotel Date %VFTcnr Ma,n��vilwcnlAn Atq„A� - 5 20 RIGHT OF WAY I ! DEDICADON 300" HT OF WAY � r7 ca IW I j ; I �j I I ` I 1 > � �• ICE O zz Ia I o i J I IN ,I i i I i f U , I I I I l ' I E YIII I . I ~ v m.m nr vvwat—smn�— �a�R veaecr n�cu+etA vxm�mn ros,susm.um 3/1,a — scuz eo�r•.rca rtr N :ALE: 1" = 100' i0 100 200 RAMP KR Y= ❑KISS MGM ANp mm loo NO 02-006 SXER Na ©2002 TRIAD ASSOCIATES 10F I �yT AN6k�� V lJ EEO ^' MAR 13 2002 CITY OF KENT CITY CLERK FirstAmeiican.11ideInsurance Company 2101 FOURTH AVENUE, SUM 900, SEATTLE, WA 98121 COMMERCIAL DIVISION TITLE UNIT -C2 FAX NO. (206) 615-3000 MIKE COOPER DEAN PRATHER PI3YLLI5 SOLAl4 TITLE OFFICER TITLE OFFICER TITLE ASSISTANT (206) 615.3107 (206) 615-3115 (206) 615-3041 ORDER NO 845502-C2 YOLK-i0. 41261JMC K-UPFERER/PACIPTC LAND TO FIRST AMERICAN TITLF INSURANCE COMPANY 13010 NORTHEAST 20TH STREET SUITE A BELLEVUE, WA 98005 ATTN: JEAN COUCH SECOND REPORT SCHEDULE A 1 EFFECTIVE DATE FEBRUARY 15, 2002 AT 7:30 A.M. Z. PROPOSED INSURED. PACIFIC LAND CONSLZTIlVG, INC, A WASHINGTON CORPORATION 3. POLICY/POLICMS TO BE ISSUED AMOUNT PRENIIUM TAX OWNERS STANDARD COVERAGE S 65,000.00 5 430.00 S 37.34 4 THE ESTATE OR INTEREST IN THE LAND DESCRIBED ON PAGE 2 HEREIN IS FEE S iMPLE AND TITLE THERETO IS AT THE EFFECTIVE DATE HEREOF VESTED IN JEANETTE V. XUPFERER,AS HER SEPARATE ESTATE 5_ THE LAND REFERRED TO IN THIS CONLVIlTMENT IS DESCRIBED IN LEGAL DESCRIMO`I ATTACHED HERETO Page 1 Z002 9 iliNa 9YZ9 B66 90Z YV3 ZZ IT Z00Zl9Z:Z0 o � r� � od � C MAR 13 2902 CITY OF KENT LEGAL DESCRIPTION CITY CLERK ORDER NO. 845502-C2 THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF TEE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 22 NORTH,RANGE S EAST, WAL, IN KING COUNTY, WASHINGTON EXCEPT THE NORTH 20 FEET THEREOF CONVEYED TO RING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NO 48523 L ALSO EXCEPT ANY PORTION THEREOF LYING WTT"HQI THE BOUNDARIES OF 128TH AVENUE SOUTHEAST RUNNING ALONG THE WEST LINE THEREOF Pap 2 COOK 9 IINA 96Z9 964 90Z Yd :Z LT ZOOZ79Z/ZO MAR 1 3 2002 SCHEDULE B . SECTION 1 CITY OF KENT CITY CLERK 4) REQUIREMENTS THE FOLLOO NG ARE THE REQUIREMENTS TO BE COMPLIED WTM- ITEM (A) PAYMENT TO OR FOR THE ACCOUNT OF THE GRANTORS OR MORTGAGORS OF THE FULL CONSIDERATION FOR THE ESTATE OR INTEREST TO BE INSURED. ITEM(B) PROPER INSTRUMENT(S) CREATING THE ESTATE OR INTEREST TO BE INSURED MUST BE EXECUTED AND DULY FILED FOR RECORD. SCHEDULE B - SECTION 2 GENERAL EXCEPTIONS THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE FOLLOWING UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY. THESE EXCEPTIONS WILL BE ELLIIINATED ON ANY FORTHCOMING EAGLE PROTECTION POLICIES ISSUED A TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTII TG LIENS BY THE RECORDS OF ANY TAXING AUTHORTPY THAT LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS. _ B. ANY FACTS, RIGHTS, INTERESTS, OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF SAID LAND OR BY MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF C EASEMENTS, CL DAS OF EASEMENT OR ENCUMBRANCES WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. D. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD DISCLOSE, AND WHICH ARE NOT SHOWN BY PUBLIC RECORDS E. (A) WPATENTED MINING CLAIMS, (B)RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF, (C) WATER RIGHTS, CLAIMS OR TIME TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER(A), (B) OR (C) ARE SHOWN BY THE PUBLIC RECORDS, (D) INDIAN TRIBAL CODES OR REGULATIONS, INDL4N TREATY OR ABORIGINAL RIGHTS, INCLUDING EASEMENTS OR EQUITABLE SERVITUDES. F. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR,MATERIALS OR MEDICAL ASSISTANCE THERETOFORE OR HEREAFTER FURNISHES), IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. G_ ANY SERVICE, INSTALLATION, CONNECTION, MAINTENANCE, CONSTRUCTION, TAP OR REIMBURSEMENT CHARGES/COSTS FOR SEWER, WATER, GARBAGE OR ELECTRICITY. H. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS, IF ANY, CREATED, FIRST APPEARING IN THE PUBLIC RECORDS OR ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE HEREOF BUT PRIOR TO THE DATE THE PROPOSED INSURED ACQTIIIRES OF RECORD FOR VALUE THE ESTATE OR INTEREST OR MORTGAGES THEREON COVERED BY THIS CONSMMENT Page 3 6002 9 SINIl 94Z9 94Y 90�6'a LZ'!I ZDOZ/9Z/ZO ROD MAR 13 2002 SCHEDULE B - SECTION 2 CONT ORDER No. at3gy-&F KENT CITY CLERK SPECIAL EXCEPTIONS 1. LIMN OF THE REAL ESTATE EXCISE SALES TAX AND SURCHARGE UPON ANY SALE OF SAID PREMISES, IF UNPAID AS OF THE DATE EEREIN, THE EXCISE TAX RATE POR CITY OF KENT IS 1.78%. LEVY CODE 1564 2 DELINQUENT GENERAL TAXES YEAR 2001 AMOUNT BILLED- S1,039.90 AMOUNT PAID- S0.00 AMOUNT DUE_ S1,039.90, PLUS INTEREST P"ND PENALTY TAX ACCOUNT NO.. 282205-9025-09 ASSESSED VALUE OF LAND $73,000.00 ASSESSED VALUE OF IMPROVEMENT• SO.00 3. DELINQUENT GENERAL TAXES_ YEAR 2000 AMOUNT BILLED 51,046.19 AMOUNT PAID 5523.10 AMOUNT DUE S523.09, PLUS INTEREST AND PENALTY TAX ACCOUNT NO 232205-902549 4 DELETED 5 V4'ELLSTI-E COVENANTS AND RESTRICTIONS CONTAINED IN INSTRUMENT RECORDED APRIL 12, 1974 RECORDING NO(S). 7404120465 6 WELLSITE COVENANTS AND RESTRICTIONS CONTAINED LN INSTRUMENT RECORDED MARCH 1, 1979 RECORDING NO(S) : 7903010895 7_ EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN. RECORDED: OCTOBER 11, 198 RECORDING NO . 8910111438 IN FAVOR OF CITY OF KENT,A MUNICIPAL CORPORATION FOR SEWER MAIN AFFECTS: THE WEST 20 FEET OF THE HEREIN DESCRIBED PROPERTY 8 EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED- NOVEMBER 15, 1999 RECORDING NO: 8911150356 IN FAVOR OF_ CITY OF KENT, A MUNICIPAL CORPORATION FOR SANITARY SEWER AFFECTS: THE WEST 20 FEET OF THE HEREIN DESCRIBED PROPERTY Page 4 500� 2 .LINII 94Z9 94E' 90Z IM 9Z !I ZOOZ/9Z/ZO MAR 13 20G2 SCHEDULE B -SECTION 2 CONT. C C ITLERK ORDER NO. 845502-C2 9 EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEILEIN: RECORDED: SEPTEMBER 2, 1992 RECORDING NO: 9209020339 IN FAVOR OF: DUNG COUNTY, WASHINGTON A POLITICAL SUBDIVISION FOR: DRAINAGE FACILITY AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION 10 GENERAL TAXES THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30TH THE SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 31SM YEAR: 2002 AMOUNT BILLED S1,018,78 AMOUNT PAID. 50.00 AMOUNT DUE S1,018.78, PLUS LYIFREST AND PENALTY, IF DELINQUENT TAX ACCOUNT NO 282205-9025-09 ASSESSED VALUE OF LAINTJ. $76,000.00 ASSESSED VALUE OF IMPROVEMENT: S0.00 NOTE mI ACCORDING TO THE APPLICATION FOR TITLE INSURANCE, TITLE IS TO VEST IN PACIFIC LAND CONSULTING,INC., A WASHINGTON CORPORATION EXAMINATION OF THE RECORDS DISCLOSES NO MATTERS PENDING AGAINST SAID PSRTY(lES)_ INFORbCATIONAL NOTES: EFFECTIVE h%-\UARY 1. 1997, AND PURSUANT TO AMENDMENT OF WASIMNGTON STATE STATUTES RELATING TO STANDARDIZATION OF RECORDED DOCUMENTS,THE FOLLOWING FORMAT AND CONTENT REQUIREMENTS MUST BE MET FAILURE TO COMPLY MAY RESULT IN REJECTION OF THE DOCUMENT BY THE RECORDER. ANY SKETCH ATTACHED HERETO IS DONE SO AS A COURTESY ONLY AND IS NOT PART OF ANY TITLE COMMITMENT OR POLICY IT IS FURNISBED SOLELY FOR THE PURPOSE OF ASSISTING IN LOCATING THE PREMISES AND FIRST AMERICAN EXPRESSLY DISCLAIMS ANY LIABILITY WHICH MAY RESULT FROM RELIANCE MADE UPON IT. THE DESCRIPTION CAN BE ABBREVIATED AS SUGGESTED BELOW IF NECESSARY TO MEET STANDARDIZATION REQUIREMENTS. THE FULL TEXT OF THE DESCRIPTION MUST APPEAR IN THE DOCUMENT(S) TO BE INSURED. SECTION 28 TOWNSHIP 22N RANGE 5E SW QUARTER NE QUARTER SE QUARTER TAX.PARCEL NUMBER 282205-902549 Page 5 900[z 9 SINn 96Z9 956 90Z YY3 BZ LI ZOOZ/9Z/ZO u 01 Ls �L9 L ll U L MAR 13 2002 �T �CLERKT SCHEDULE B - SECTION 2 CONT. ORDER NO. 845502-C2 A FEE WILL BE CHARGED UPON THE CANCELLATION OF THIS COMMITMENT PURSUANT TO TIM WASHINGTON STATE INSURANCE CODE AND THE FILED RATE SCHEDULE OF THE COMPANY END OF SCHEDULE B JH/BP CC. REGENCY GROUP, INC 11711 S E STH STREET, SUITE 310 BELLEVUE, WA 98005 ATTN BRIAN POUNDER CC, COLDWELL BANKER DEL BLANCO REALTY 122 SOUTHWEST 156TH STREET SEATTLE, WA 98166 ATTN, GEORGE GRAIULM CC PACIFIC LAND CONSULTING, iNC 13619 MUKI[TEO SPEEDWAY LYNNWOOD, WA 98037 ATTN: MARK HOLLAND CC THE CITY OF KENT PARKS DEPARTMENT 220 4TH AVENUE SOUTH KENT, WA 9 8032-5 89 5 ATTN LORIFLEMM i Page 6 L00(a 9 SIM1 8DZ9 966 909 YY3 BZ LT ZOOZ/9Z/ZO ORDER N0. t3 4r5'Y6 a C2 SU13DMSION MPI Skevh is fmaishod as a wur=y ody by Firm Ammicm RCOG NO,/VOL, & PG. Title Iasysaace Caaapmy md.it a pig a pan of say We N OTR SEC TWNSHP�. RNG m�rmeat or policy of ude f^- This dccJch is fieuidrd salefy for the purpose of assnmi is go u Ll IopudLthtptmulsesmd deu aoepaspcutlatholvallLig6niays, a•,O 11:Dads,or eaaweaesalPscdai the property. Hord Raft4 id w • E be plated upon ehisckaeh lot the lan4emord'uoeasionsofl6e MAR 13 2002 IE props'cy mdao IIahlTiry is,:rimed for Se cwTectaaa tbereoi. lTy - a �T�'O CLERK Y � �•Y STi � �� � W 1 [. � ,YY ,A., +tll•• f1 Y .1{f• ' , , a fNa I I i 1 ?Fl _vmf ew eon eon_r ie e0o a'® ' 6 ]I• I I I I • • f.N_ S Q A S FSI a: i 1 I A/..(S EE•• _• RIn �O��, S S OLI . e 1NV it 4 I me aw •naa' � ._=�PL? ._:� PdSS �� �;- J1J11 smc<• I A ..M J•d�1 4 1 i o LOT 2 YNi W �l 0 i• � L/aU?!V• I O 1• O I^ ,C • I s © Q N l SAll t.wll n SE -'6o H ST ax ' 3 N s•+�a oA` I t I Iyo „ � 4ya rs V '�• � )� S2 I 1 � Y a S ree 1�/ ' �rn.ru j1 u+... SN •s]� -� � N 800z 9 SI..0 ozo m 90Z TVd ey IT zooz/9Z/zo SENT BY' STEWART NTS - SEATTLE 2062694916; MAR-5-02 1 ,18PM; PAGE 212 STEWART TITLE 18000 International Boulevard South, Suite 510 MAR 13 2002 SeaTac,Washington 98188 (206) 770-8700 ♦ (888) 896-1443 CITY OF CLERK fax (206) 770-8703 Title Officer: Ellen Mehegan Phone (206) 770-8706 e-mail emehegan@stewart cam Title Officer: Sharon Croasddl Phone (206) 770-8711 e-mail: scroasdi@stewart cam Title Officer: Sunny Johnson Phone (206) 770-8723 e-mail sulchnso@stewart cam Asst. Title Officer- Tanya Johnson Phone. (206) 770-8717 e-mail tjohnscn@stewart cam Title Assistant: Sean Foerst Phone (206) 770-8710 e-mail sfaerst@stewart cam Your Reference: BRADLEY/GROSCHOK/PACIFIC LAND Order Number: 200228317 CONSULING, INC To: STEWART TITLE/NTS-SEATTLE 700 5TH AVENUE, 45500 SEATTLE, WA 98104 ATTENTION MARK/02200003 SUPPLEMENTAL NO. 1 There has been no change in the title to the property covered by our report since DECEMBER 31, 2001 at 8.00 am DATED FEBRUARY 21, 2002 BY 1 Paul Ostrom Page 1 Order Number 200228317 STEWART TITLE 18000 International Boulevard South, $`J4ttL�► SeaTac,Washington 98188 MAR 13 2002 206-770-8700 ♦ 888-896-1443 4fd fax 206 770-8703 CITY OF KENT CITY CLERK j* Title Officer: Paul Ostrom Phone (206)770-8711 E-mail. postrom@stewart.com Title Officer. Ellen Mehegan Phone (206)770-8706 E-mail emehegan@stewart com Title Officer: Sunny Johnson Phone (206)770-8723 E-mail: sujohnso@stewart com Asst.Title Officer. Tanya Johnson Phone. (206)770-8717 E-mail: tlohnson@stewart.com Reference BRADLEYIGROSCHOKIPACIFIC LAND CONSULING, Order Number: 200228317 INC SCHEDULE A 1. Effective Date: December 31, 2001 at 8.00 a.m. 2. Policy Or Policies To Be Issued: ( X ) ALTA OWNER'S POLICY, (10/17/92) Amount: $365,000.00 ( X ) STANDARD ( ) EXTENDED Premium: $833.00 HOMEOWNER'S RATE Tax: $73 30 Total: $ 906 30 Proposed Insured: PACIFIC LAND CONSULTING, INC , A WASHINGTON CORPORATION ( X )ALTA EXTENDED LOAN POLICY, (10117192) Amount: TO BE DETERMINED SIMULTANEOUS ISSUE RATE Premium: Tax: Total: $ 000 Proposed Insured: TO BE DETERMINED 3 The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE 4. Title to said estate or interest in said land is at the effective date hereof vested in: TERRI B. BRADLEY, AS A SEPARATE ESTATE 5. The land referred to in this commitment is described in Exhibit "A". Page 1 Order Number 200228317 Order Number. 20022B317 MAR 13 2L0f02LLL��� L EXHIBIT "A" CITY OF KENT CITY CLERK PARCEL A: THE WEST 132 FEET OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 20 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 485231. PARCEL B THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 22 NORTH, RANGE 5 EAST, W M , IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 132 FEET THEREOF, AND EXCEPT THE NORTH 20 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSED BY DEED RECORDED UNDER RECORDING NUMBER 485231, AND EXCEPT THE EAST 30 FEET THEREOF FOR 132 No AVENUE SOUTHEAST MAR 13 2002 SCHEDULE B - SECTION 1 CITY OF KENT CITY CLEO THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: ITEM (A) PAYMENT-TO OR FOR THE ACCOUNT OF THE GRANTORS OR MORTGAGORS OF THE FULL CONSIDERATION FOR THE ESTATE OR INTEREST TO BE INSURED ITEM (B) PROPER INSTRUMENT(S) CREATING THE ESTATE OR INTEREST TO BE INSURED MUST BE EXECUTED AND DULY FILED FOR RECORD NOTE. EFFECTIVE JANUARY 1, 1997, AND PURSUANT TO AMENDMENT OF WASHINGTON STATE STATUTES RELATING TO STANDARDIZATION OF RECORDED DOCUMENTS, THE FOLLOWING FORMAT AND CONTENT REQUIREMENTS MUST BE MET. FAILURE TO COMPLY MAY RESULT IN REJECTION OF THE DOCUMENT BY THE RECORDER FORMAT, MARGINS TO BE 3" ON TOP OF FIRST PAGE, 1" ON SIDES AND BOTTOM, 1" ON TOP, SIDES AND BOTTOM OF EACH SUCCEEDING PAGE FONT SIZE OF 8 POINTS OR LARGER AND PAPER SIZE OF NO MORE THAN 8 Yz" BY 14" NO ATTACHMENTS ON PAGES SUCH AS STAPLED OR TAPED NOTARY SEALS, PRESSURE SEALS MUST BE SMUDGED INFORMATION WHICH MUST APPEAR ON THE FIRST PAGE. TITLE OR TITLES OF DOCUMENT. IF ASSIGNMENT OR RECONVEYANCE REFERENCE TO AUDITOR'S FILE NUMBER OR SUBJECT DEED OF TRUST NAMES OF GRANTOR(S) AND GRANTEE(S) WITH REFERENCE TO ADDITIONAL NAMES ON FOLLOWING PAGE(S), IF ANY ABBREVIATED LEGAL DESCRIPTION (LOT, BLOCK, PLAT NAME OR SECTION, TOWNSHIP, RANGE AND QUARTER QUARTER SECTION FOR UNPLATTED) ASSESSOR'S TAX PARCEL NUMBER(S) RETURN ADDRESS WHICH MAY APPEAR IN THE UPPER LEFT HAND 3" TOP MARGIN Page 2 Order Number 200228317 MAR 13 2002 L SCHEDULE B - SECTION 2 CITY OF KENT GENERAL EXCEPTIONS CITY CLERK THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE FOLLOWING UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY A. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS. B ANY FACTS, RIGHTS, INTEREST, OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF SAID LAND OR BY MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF C EASEMENTS, CLAIMS OF EASEMENT OR ENCUMBRANCES WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. D DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD DISCLOSE, AND WHICH ARE NOT SHOWN BY PUBLIC RECORDS E (A) UNPATENTED MINING CLAIMS, (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF, (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B) OR (C) ARE SHOWN BY THE PUBLIC RECORDS, (D) INDIAN TRIBAL CODES OR REGULATIONS, INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING EASEMENTS OR EQUITABLE SERVITUDES F ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL THERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS G ANY SERVICE, INSTALLATION, CONNECTION, MAINTENANCE, CONSTRUCTION, TAP OR REIMBURSEMENT CHARGES/COSTS FOR SEWER, WATER, GARBAGE OR ELECTRICITY. H DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS, IF ANY, CREATED, FIRST APPEARING IN THE PUBLIC RECORDS OR ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE HEREOF BUT PRIOR TO THE DATE THE PROPOSED INSURED ACQUIRES OF RECORD FOR VALUE THE ESTATE OR INTEREST OR MORTGAGES THEREON COVERED BY THIS COMMITMENT END OF GENERAL EXCEPTIONS Page 3 Order Number 200228317 � l 9 9 MAR 13 2002 SCHEDULE B - SECTION 2 CITY OF KENT CONTINUED CITY Cl F SPECIAL EXCEPTIONS 1. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN RECORDED: OCTOBER 20, 1967 RECORDING NO . 6252868 FOR INGRESS, EGRESS AND UTILITIES AFFECTS: THE NORTH 20 FEET OF PARCEL B 2. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED OCTOBER 18, 1972 RECORDING NO. 7210180540 FOR. ROAD AND UTILITIES AFFECTS. NORTHERLY PORTION OF PROPERTY HEREIN DESCRIBED 3. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON SAID PREMISES FOR BISHOP ROAD (132N0 AVENUE SOUTHEAST)AS GRANTED BY DEED RECORDED AUGUST 27, 1953 UNDER RECORDING NO 4374829. 4 LIEN OF THE REAL ESTATE EXCISE SALES TAX AND SURCHARGE UPON ANY SALE OF SAID PREMISES, IF UNPAID AS OF THE DATE HEREIN, THE EXCISE TAX RATE FOR CITY OF KENT IS 1 78%. 5. GENERAL TAXES AND ASSESSMENTS, IF ANY, FOR THE YEAR 2002, IN AN AMOUNT NOT YET AVAILABLE, WHICH CANNOT BE PAID UNTIL FEBRUARY 15, 2002 LEVY CODE. 1564 TAX ACCOUNT NO . 282205-9233-07 ASSESSED VALUATION. LAND $63,000 00 IMPROVEMENTS- $ coo AFFECTS. PARCEL A NOTE. TAXES AND CHARGES FOR 2001 WERE PAID IN FULL IN THE AMOUNT OF $841.31. NOTE. KING COUNTY TREASURER, 500 4T" AVENUE, 6" FLOOR ADM IN BLDG , SEATTLE, WA 98104 (206) 296-7300 Page 4 Order Number- 200228317 D HEM 6 GENERAL TAXES AND ASSESSMENTS, IF ANY, FOR THE YEAR 2002, 111 MR 13 2002 AMOUNT NOT YET AVAILABLE, WHICH CANNOT BE PAID UNTIL FEBRUARY 2002. CITY OF KENT LEVY CODE 1564 CITY CLERK TAX ACCOUNT NO. 282205-9026-08 ASSESSED VALUATION: LAND. $128,000 00 IMPROVEMENTS. $ 98,000 00 AFFECTS PARCEL B NOTE. TAXES AND CHARGES FOR 2001 WERE PAID IN FULL IN THE AMOUNT OF $2,887 35 NOTE KING COUNTY TREASURER, 500 4Tr AVENUE, 6Tr FLOOR ADMIN. BLDG , SEATTLE, WA 98104 (206) 296-7300 7 ACCORDING TO THE APPLICATION FOR TITLE INSURANCE, TERRI B. BRADLEY IS NOW KNOWN AS TERRI B GROSCHOK THE FORTHCOMING INSTRUMENT SHOULD BE EXECUTED BY TERRI B GROSCHOK, WHO ACQUIRED TITLE AS TERRI B. BRADLEY, TO IMPART CONSTRUCTIVE NOTICE 8 EVIDENCE OF THE AUTHORITY OF THE OFFICERS OF PACIFIC LAND CONSULTING, INC., A CORPORATION, TO EXECUTE THE FORTHCOMING INSTRUMENT COPIES OF THE CURRENT ARTICLES OF INCORPORATION, BY LAWS AND CERTIFIED COPIES OF APPROPRIATE RESOLUTIONS SHOULD BE SUBMITTED PRIOR TO CLOSING NOTES: NOTE A IN ORDER TO ASSURE TIMELY RECORDING ALL RECORDING PACKAGES SHOULD BE SENT TO STEWART TITLE 18000 INTERNATIONAL BLVD , SUITE 510 SEATAC, WASHINGTON 98188 ATTN. RECORDER NOTE B THE DESCRIPTION CAN BE ABBREVIATED AS SUGGESTED BELOW IF NECESSARY TO MEET STANDARDIZATION REQUIREMENTS THE FULL TEXT OF THE DESCRIPTION MUST APPEAR IN THE DOCUMENT(S) TO BE INSURED NE1/4 SE1/4, 28-22-5 Page 5 Order Number, 200228317 NOTE C ACCORDING TO THE APPLICATION FOR TITLE INSURANCE, TITLE IS TO VEST IN PACIFIC LAND CONSULTING, INC., A WASHINGTON CORPORATION. EXAMINATION OF THE RECORDS DISCLOSES NO MATTERS PENDING AGAINST SAID PARTY(IES) NOTE D: A RECORD OF SURVEY RECORDED MARCH 21, 2000 UNDER RECORDING NO. 20000321900004 NOTE E ALL MATTERS REGARDING EXTENDED COVERAGE HAVE BEEN CLEARED FOR MORTGAGEE'S POLICY EXCEPTIONS A THROUGH H SHOWN IN SCHEDULE B HEREIN WILL BE OMITTED IN SAID EXTENDED COVERAGE MORTGAGEE'S POLICY. ADDRESS OF PROPERTY: 26723 SOUTHEAST 132ND AVENUE KENT, WASHINGTON 98042 REC� C� �END OF SCHEDULE B MAR 13 20GZ SC CITY OF LERK Page 6 Order Number 200228317 Copies STEWART TITLEINTS-SEATTLE MAR 13 ZGG2 700 5TH AVENUE, #5500 F KENT SEATTLE, WA 98104 CITY CLERK REFERENCE NO 02200003 CITY C Page 7 Order Number 200228317 — MAR 1 3 2002 LvJ -7� oRDeR No. KENT CAN Section ZY Townshi Z CITY CLERK P Raage Sanery efca[maC Short Plat Rem.No. STF-W A-RT T= Volume Page 1 r'" y • ar a '.i !i yz �c1.r.•'nr.� LOT 2 z+vll i3 iz 1� O IT aN 1 7 e Lnf / 'Sc 26G l-H SI �! a � • T Coal isa � Ila.n' Y W n . W I • ry I � • I a i 1 �a V n � i ess sketc�Ls rtonc'ed�i:;out cSan_e for wr=iafo. -naa It is=at incr_ded to snow all tr3e-s r__;rd to Lie proce-. zulcdin_ bur no[1=.zrcd to arcs,d=-c:-szoas,—emcnts,eaeosc`:eats o:locnon of boun=cs. Ic is not a pz-,oL �tc,Ioes it modt."y.L':e corgi-cnt or polio[o a,`uc:it is nt�citcd, i ee cagy assu,�VO LL45ILI�":or azy r�..e:-c.a."e•_';o r1s sk_:� 2.xfe� saould be:ice to an ac-.Lzte survey for fi=.tee:i.:or.=aon. Kent City Council Meeting Date May 7, 2002 Category Consent Calendar 1 . SUBJECT: PUBLIC HEALTH HAZARDOUS WASTE MANAGEMENT PROGRAM D22059D, AMENDMENT 7 - AUTHORIZE 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, authorizing the Mayor to sign Amendment #7, Memorandum of Understanding to the Public Health Hazardous Waste Management Program, directing staff to accept a grant in the amount of $17, 350 84 and establishing a budget for the funds to be used within said program. 3 EXHIBITS: Public Works Director memorandum, Amendment #7 and Memorandum of Understanding 4 . RECOMMENDED BY: Public Works Committee (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. 6F PUBLIC NVORKS DEPARTDIENT Don E Wickstrom, P E Pubhc Works Dtrector • Phone 253-856-5500 KENT Fax 253.856-6500 W ASMiry GTON Address 220 Fourth Avenue S Kent,WA 98032-5895 Date - April 15, 2002 To Public Works Committee From; Don Wickstrom, Public Works Director Sub3ect Public Health Hazardous Waste Management Program D22059D - Amendment 7 We have received an amendment to the existing grant agreement for the Local Hazardous Waste Management Program The City organizes two city-wide Household Hazardous Waste Collection and Recycling Events as well as educational products . The Grant Amendment is in the amount of 817, 350 84 We are requesting authorization for the Mayor to sign the amendment and accept the grant funds MOTION Recommend authorization for the Mayor to sign Amendment #7 , direct staff to accept the funds of $17 , 350 84 and establish a budget for same . D22059Damenament EXHIBIT I D220�9D MEMORANDUM OF UNDERSTANDING ON THE LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM FOR 2002 ACTIVITIES This Memorandum of Understanding between the Seattle-King County Department of Public Health and the City of Kent specifies the administrative procedures and monetary reimbursement regarding implementation of the Local Hazardous Waste Management Program Scope of Work The City of Kent will organize two citywide Household Hazardous Waste Collection and Recycling Events At the event(s) the following materials will be collected and recycled batteries. antifreeze, petroleum-based products, and automotive tires, The City will also provide educational products/services at the events and,funding permitting, elsewhere, ReportinH Requirements The City shall submit progress reports to the Department with each payment request Payment requests,using the attached form, must be submitted within 60 days after the completion of the event involved In addition. the City shall provide a certificate of disposal for all wastes disposed as a result of this Agreement, in accordance with the original Agreement, Section II I Certificate of Disposal Buduet Attached hereto as "BUDGET/INVOICE" and incorporated herein We,the undersigned. agree to the above work. KING COUNTY CITY OF KENT Ron Sims Date Date King County Executive APPROVED AS TO FORM BY THE OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY D22059D—Cm, of Kent LH WD4P EXHIBIT 1-4 LHWMP BUDGET/INVOICE The City of Kent 220 4'Ave South Kent, WA 98032-5549 TO Gordon Clemans,Program Monitor Public Health—Seattle R King County 999 T'Avenue, Suite 700 Seattle, WA 98104 Contract#D22059D Period of tune 1,2002 to ,2002 In performance of an Agreement between the Seattle-King County Department of Public Health(a k a Public Health- Seattle R King County)and the City of Kent,I hereby certify that the following expenses were incurred during the above-mentioned period of time The Department Program Monitor will have access to details as needed Signature Date Current Previous Component Budget Expenses Charges Balance HHW Education Education/Outreach $-0- HHW Collection Local Program Grants $17,350 84 TOTAL $17,350.84 FOR HEALTH DEPARTMENT USE ONLY Approved for payment Gordon Clemans Date D22059D—City of Kent LHWMP Kent City Council Meeting Date May 7 , 2002 Category Consent Calendar 1 . SUBJECT: 277TH CORRIDOR FISH HABITAT - ACCEPT AS COMPLETE 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, accept the 277th Corridor Fish Habitat project as complete and release retainage to Scoccolo Construction upon standard releases from the state and release of any liens . The original contract amount was $193 , 160 . 00 . The final contract amount was $338, 819 . 61 . Adequate funds exist within the project budget to cover this overage . 3 . EXHIBITS: Public Works Director memorandum 4 RECOMMENDED BY: Public Works Committee (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. 6G PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director Phone 253-856-5500 K E N T Fax 253-856-6500 WASHiNOTON Address 220 Fourth Avenue S Kent, WA 98032-5895 Date : April 15 , 2002 To : Public Works Committee -h-) From- Don Wickstrom, Public Works Director Subject 277th Street Corridor Fish Habitat - Accept as Complete The 277th Street Corridor Fish Habitat contract was awarded to Scoccolo Construction in the amount of $193 , 160 00 . The final construction cost was $338 , 819 61 The overage on this project occurred because during the project the ground collapsed due to excessive moisture and it was necessary to redesign the project Adequate funds exist within the project budget to cover this overage MOTION Recommend Council acceptance of this project as complete E ishha�it at R9 • Kent City Council Meeting Date May 7, 2002 Category Consent Calendar 1 . SUBJECT: DONATION OF SURPLUS EQUIPMENT (RADIOS) - AUTHORIZE 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization to declare the obsolete portable and mobile radios that were removed from replaced vehicles as surplus and donate them to North Seattle Community College. 3 . EXHIBITS : Public Works Director memorandum 4 . RECOMMENDED BY: Public Works Committee (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. 6H Page I WEST'S REVISED CODE OF WASHINGTON ANNOTATED TITLE 35A OPTIONAL MUNICIPAL CODE CHAPTER 35A.11 LAWS GOVERNING NONCHARTER CODE CITIES AND CHARTER CODE CITIES--POWERS Copr © West Group 2002 All rights reserved Current through Chapter 3 of 2002 Regular Session 35A I 1 010 Rights, powers and privile,es Each city governed under this optional municipal code, whether charter or noncharter, shall be entitled "City of " (naming it), and by such name shall have perpetual succession, may sue and be sued in all courts and proceedings, use a corporate seal approved by its legislative body, and, by and through its legislative body, such municipality may contract and be contracted with, may purchase, lease, receive, or otherwise acquire real and personal property of every kind, and use, enjoy, hold, lease, control, convey or otherwise dispose of it for the common benefit WEST'S REVISED CODE OF WASHINGTON ANNOTATED TITLE 35A OPTIONAL MUNICIPAL CODE CHAPTER 35A lI LAWS GOVERNING NONCHARTER CODE CITIES AND CHARTER CODE CITIES--POWERS Copr C) West Group 2002 All rights reserved Current through Chapter 3 of 2002 Regular Session 35A 11 020 Powers vested in legislative bodies of noncharter and charter code cities The legislative body of each code city shall have power to organize and regulate its internal affairs within the provisions of this title and its charter if any, and to define the functions powers, and duties of its officers and employees, within the limitations imposed by vested rights, to fix the compensation and working conditions of such officers and employees and establish and maintain civil service, or ment systems retirement and pension systems not in conflict with the provisions of tlus title or of existing charter provisions until changed by the people PROVIDED, That nothing in this section or in this title shall permit any city, whether a code city or otherwise to enact any provisions establishing or respecting a ment system or system of civil service for firemen and policemen which does not substantially accomplish the same purpose as provided by general law in chapter 41 08 RCW for firemen and chapter 41 12 RCW for policemen now or as hereafter amended, or enact any provision establishing or respecting a pension or retirement system for firemen or policemen which provides different pensions or retirement benefits than are provided by general law for such classes Such body may adopt and enforce ordinances of all kinds relating to and regulating its local or municipal affairs and appropriate to the good government of the city, and may impose penalties of fine not exceeding five thousand dollars or imprisonment for any term not exceeding one year or both, for the violation of such ordinances, constituting a misdemeanor or gross misdemeanor as provided therem However, the punishment for any criminal ordinance shall be the same as the punishment provided in state law for the same crime Such a body alternatively may provide that violation of such ordinances constitutes a civil violation subject to monetary penalty, but no act which is a state crime may be made a civil violation The legislative body of each code city shall have all powers possible for a city or town to have under the Constitution of this state, and not specifically demed to code clues by law By way of illustration and not in limitation, such powers may be exercised in regard to the acquisition sale, ownership, improvement, maintenance protection, restoration, regulation, use, leasing, disposition, vacation abandonment or beautification of public ways, real property of all kinds, waterways, structures, or any other improvement or use of real or personal property, in regard to all aspects of collective bargaining as provided for and subject to the provisions of chapter 41 56 RCW, as Copr © West 2002 No Claim to Ong U S Govt Works Page 2 now or hereafter amended, and in the rendering of local social, cultural, recreational, educational, governmental, or corporate services, including operating and supplying of utilities and municipal services commonly or conveniently rendered by cities or towns In addition and not in limitation, the legislative body of each code city shall have any authority ever given to any class of municipality or to all municipalities of this state before or after the enactment of this title, such authority to be exercised in the manner provided, if any, by the granting statute, when not in conflict with this title Within constitutional limitations, legislative bodies of code cities shall have within their territorial hunts all powers of taxation for local purposes except those which are expressly preempted by the state as provided in RCW 66 08 120, 82 36 440,48.14010 and 48 14 080 WEST'S REVISED CODE OF WASHINGTON ANNOTATED TITLE 35A.OPTIONAL MUNICIPAL CODE CHAPTER 35A.12 MAYOR-COUNCIL PLAN OF GOVERNMENT Copr C West Group 2002 All rights reserved Current through Chapter 3 of 2002 Regular Session 35A 12 190 Powers of council The council of any code city organized under the mayor-council plan of goverment provided in this chapter shall have the powers and authority granted to the legislative bodies of cities governed by this title, as more particularly described in chapter 35A 11 RCW WEST'S REVISED CODE OF WASHINGTON ANNOTATED TITLE 35A OPTIONAL MUNICIPAL CODE CHAPTER 35A.12, MAYOR-COUNCIL PLAN OF GOVERNMENT Copr © West Group 2002 All rights reserved Current through Chapter 3 of 2002 Regular Session 35A 12 100 Duties and authoritv of the mavor--Veto--Tie-breaking vote The mayor shall be the chief executive and administrative officer of the city, in charge of all departments and employees, with authority to designate assistants and department heads The mayor may appoint and remove a chief administrative officer or assistant administrative officer, if so provided by ordinance or charter He shall see that all laws and ordinances are faithfully enforced and that law and order is maintained in the city, and shall have general supervision of the admmistration of city government and all city interests All official bonds and bonds of contractors with the city shall be submitted to the mayor or such person as he may designate for approval or disapproval He shall see that all contracts and agreements made with the city or for its use and benefit are faithfully kept and performed, and to this end he may cause any legal proceedings to be instituted and prosecuted in the name of the city, subject to approval by majority vote of all members of the council The mayor shall preside over all meetings of the city council, when present, but shall have a vote only in the case of a tie in the votes of the councilmen with respect to matters other than the passage of any ordinance, grant or revocation of franchise or license. or any resolution for the payment of money He shall report to the council conceming the affairs of the city and its financial and other needs, and shall make recommendations for council consideration and action He shall prepare and submit to the council a proposed budget,as required by chapter 35A 33 RCW The mayor shall have the power to veto ordinances passed by the council and submitted to lum as provided in RCW 35A 12 130 but such veto may be overridden by the vote of a majority of all council members plus one more vote The mayor shall be the official and ceremonial head of the city and shall represent the city on ceremonial occasions, except that when illness or other duties prevent the mayor's attendance at an official function and no mayor pro tempore has been appointed by the council, a member of the council or some other suitable person may be designated by the mayor to represent the city on such occasion Copr © West 2002 No Claim to Ong U S Govt Works PUBLIC WORDS DEPARTMENT Don E Wickstrom, P E Public Works Director 1400 one 253-856-5500 V K CN ■ PhFax 253-856-6500 W ASHIN GTON Address 220 Fourth Avenue S Kent, WA 98032-5895 Date : April 15 , 2002 To Public Works Committee From- Don Wickstrom," Public Works Director Subject Surplus Equipment - Radios The attached list of obsolete portable and mobile radios are no longer needed by the City We are requesting that they be declared as surplus and donated to the North Seattle Community College for use in their Radio Technician Training Program, MOTION Recommend declaring the listed radios as surplus and donating them to North Seattle Community College Burp=usradios PUBLIC WORKS Don E Wickstrom, Director OPERATIONS DIVISION Larry R Blanchard, Manager O T Phone 253-856-5656 W f.SNINGTO� Fax 253-856-6600 Mailing Address 220 Fourth Avenue South Kent,WA 98032-5895 Location Address 5821 South 240th Date March 25, 2002 To Don Wickstrom, Public Works Director From Alice Conrad, Fleet Superintendent Through Larry Blanchard, Operations Manager Subject Request for Council Approval to Surplus and Donate Obsolete Radio Equipment The following is a list of obsolete portable and mobile radios that were removed from replaced vehicles Parts are no longer readily available for these radios and they are not supportable through the cities radio shop W e would like 10 donate these radios to the North Seattle Community College for use in their Radio Technician Training Program MAKE MODEL SIN 1 Power Amp N1254A U14E2E 1 Maxar L43TRBI 30AM 240FGUI896 1 Maxar D43TGA130OAK 240FH 1885 1 Mocom 70 U33BBA1000A MC215R 1 Mostar D43TLA7D00AK 436HNJO479 1 Mostar D43TLA7DOOAK 436HME1333 1 Mostar D43TLA7D00AK 436HMEI 139 1 Mostar D43TLA7DOOAK 436HLGIS70 1 Mostar D43TLA7DOOAK 436HNLO478 1 Mostar D43TLA7DOOAK 436HLGIS69 I Mostar D43TLA7DOOAK 436HNJO476 I Mostar D43TLA7DOOAK 436HLGI873 1 Mostar D43TLA7D00AK 1436HME1337 1 Maxar D43TGA130OAK 240FJ 0904 1 Mostar D43TLA7DOOAK 436HME1338 1 Mostar D43TLA7DOOAK 436HNJO475 1 Mostar D43TLA7DOOAK 436HME1334 1 Mostar D43TLA7DOOAK 436HNLO480 1 Mostar D43TLA7DOOAK 436HNL04SI 1 Mostar D43TLA7DOOAK 436HME1331 I Mostar D43TLA7DOOAK 436HME1340 1 Mostar D43TLA7DOOAK 436HMEI 136 1 Mostar D43TLA7DOOAK 436HLIGIS71 1 Mostar D43TLA7DOOAK 436HNL0474 I Power Amp 1254 278AEJ0596 5 Chargers Mt500 MLN4561B N/A MT500 H33BBU3143A 230AEA2436 MT500 H33BBU3123A 230AKC1550 MT500 H33BBU3123A 230AKC3552 Thanks Ref P fleeUsurplus/memo to surplus radio stuff 3 25 02 doc • Kent City Council Meeting Date May 7 , 2002 Category Consent Calendar 1 SUBJECT: LID 350 , BIG K SANITARY SEWER AND DEL WEBB SANITARY SEWER INTERCEPTOR PROJECT, CHARGE IN LIEU OF ASSESSMENT - AUTHORIZE 2 . SUMMARY STATEMENT: As recommended by the Public works Committee, authorize the Public Works Department to establish a charge in lieu of assessment for the affected properties as indicated within the boundaries of 124th Avenue S .E. and SE 270th Street and along SE 268th Street, as shown on the attached assessment map. 3 . EXHIBITS: Public Works Director memorandum 4 . RECOMMENDED BY: Public Works Committee (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. 6I Page 1 WEST'S REVISED CODE OF WASHINGTON ANNOTATED TITLE 35 CITIES AND TOWNS CHAPTER 35 91.MUNICIPAL WATER AND SEWER FACILITIES ACT Copr © West Group 2002 All rights reserved Current through Chapter 3 of 2002 Regular Session 35 91 020 Contracts with owners of real estate for water or sewer facilities--Reimbursement of costs by subsequent users The governing body of any city, town, county, water-sewer district, or drainage district, hereinafter referred to as a "municipality" may contract with owners of real estate for the construction of storm, sanitary, or combination sewers,pumping stations, and disposal plants, water mains,hydrants, reservoirs, or appurtenances, hereinafter called "water or sewer facilities," within they boundaries or (except for counties) within ten rinles from their corporate hunts connecting with the public water or sewerage system to serve the area in which the real estate of such owners is located, and to provide for a period of not to exceed fifteen years for the reimbursement of such owners and their assigns by any owner of real estate who did not contribute to the original cost of such water or sewer facilities and who subsequently tap onto or use the same of a fair pro rata share of the cost of the construction of said water or sewer facilities, including not only those directly connected thereto,but also users connected to laterals or branches connecting thereto, subject to such reasonable rules and regulations as the governing body of such municipality may provide or contract, and notwithstanding the provisions of any other law To the extent it may require in the performance of such contract, such municipality may install said water or sewer facilities in and along the county streets in the area to be served as heremabove provided, subject to such reasonable requirements as to the manner of occupancy of such streets as the county may by resolution provide The provisions of such contract shall not be effective as to any owner of real estate not a party thereto unless such contract has been recorded in the office of the county auditor of the county in which the real estate of such owner is located prior to the time such owner taps into or connects to said water or sewer facilities Copr © West 2002 No Claim to Ong U S Govt Works COMMUNITY DEVELOPMENT Mike H Martin, Chief Administrative Officer PUBLIC WORKS DEPARTMENT Don E Wiekstrom, P E Public Works Director • KENT Phone Fax 253-856.6500 WwSHING-ON Address 220 Fourth Avenue S Kent,WA 98032-5895 Date. January 15, 2002 To Public Works Committee From Don Wickstroma;, ! Regarding L I D 350 - Big "K" Sanitary Sewer (124`h Ave SE & SE 2701h Street) and Del Webb Sanitary Sewer Interceptor Project Charge in Lieu of Assessment The Department of Public Works requests the approval to establish a charge in lieu of assessment for the above reference sanitary sewer projects that were recently constructed Both projects are located in the same vicinity The location of the sewer mains and the prop ernes affected by the charge are shown on the attached map The total amount to be collected is estimated at SIS5,076 74 The charge for each parcel is shown on the attached Exhibit "A" L I D 350 - BIG 'K' SAii ITARY SEWER The project is funded primarily by the L I D assessments, however for reasons as explained below, the City provided funding with the anticipation of a charge in lieu of assessment for 8 of the 55 parcels in the LID The Seattle-King County Department of Public Health was concerned with the problem of failing on- site sewage systems in the neighborhood and the related threat to health They also recommended that sanitary sewers be installed due to the difficulty and expense of repairing on-site septic systems Therefore, the major goal of this project was to provide sanitary sewer service to each property involved to provide an alternative means of correcting existing septic failures and to prevent others from failing in the future To accomplish this, each property involved received one residential sewer connection to service the existing house or to allow a house to be built on currently vacant property Eight of the properties are of sufficient size to allow further development in the future This will result in the need for a higher level of service or more connections If this happens, an additional share of the P`Project T\nmeU4emA'-t i5L@: 0 dac Project cost should be paid The Engineering Department proposed to fund the cost (S66,044 12) of the potential additional service that may be needed in the future The Department of Public Works proposes the establishment of a charge in lieu of assessment to receive reimbursement should an increase in service level above one residential connection be required This procedure minimized the initial cost for these larger properties making it more feasible for the property owner to support the L I D , especially if they did not have development plans However, should they have the need for increased service and are able to obtain the necessary development approvals, they will be required to pay an appropriate share at the time the additional service is obtained DEL WEBB SANITARY SEWER INTERCEPTOR In addition to providing service to the L I D 350 area, the interceptor also provides for a direct connection for properties outside of the L I D to the west, Included is the new plat of Cottonwood The Department of Public Works proposes that these properties pay a share of the interceptor cost through the establishment of a charge in lieu of assessment The calculation method and rates for these properties will be the same as for those within L I D 350 The only difference being that the L LD 350 properties pay for the first connection through the L I D and the charge in lieu of assessment only for additional services, but the interceptor properties pay the entire amount through the charge in lieu of assessment should they connect ACTION REQUESTED: Authorize the Public Works Department to establish a charge in lieu of assessment as described above, for the affected properties as shown on the attached map and described in Exhibit "A". Attachment P Proiec[Tvpm- M,7,1101 1 i�LID350 coc P PUMP UMp STATION ROgO WETLANDi BOUNDAFjY TAX LOT ID R�v < ' isa W 100' WETLAND BUFFER r SE 268th ST \ EEL WEBS L ��JJ I TERCE TO DETENTION SEWER POND La � \ Ln t0 Q 7 8' LN 14 04 \ SE 270th ST N �ti O N y � CITY OF KENT %� SANITARY d ENGINEERING DEPARTMENT �l<< 'SEWER v ` KENT CHARGE IN LIEU OF M � ASSESSMENT MAP SULE NOT TO SCALE DAY (7 EXHIBIT "A" LID 350 BIG 'K' SANITARY SEWER and DEL WEBB INTERCEPTOR CHARGE IN LIEU OF ASSESSMENT JANUARY 30, 2002 1 The following properties are located within LID 350 There is no charge for the first connection for one house as this was covered by the LID assessment The charge in lieu of assessment applies to additional connections should the property develop or connect more than one house Current Tax Paver Charge in Lieu And Parcel No. Parcel Description of Assessment Dennis Hovland 28-22-05, TL #9054 S8,389 60 27037 124`h SE S 1/2 OF NE 1/4 OF SE 1/4 OF SE 1/4 Kent, WA 98031 OF SW 1/4 LESS N 15 FT OF E 220 282205-9054 FT LESS CO RD Leon and Mable Miller 28-22-05, TL #9060 S19,S35 33 27115 124`h Avenue SE S 1/2 OF SE 1/4 OF SE 1/4 OF SW 1/4 Kent, WA 98031 LESS CO ROAD 282205-9060 Michael Richardson 28-22-05. TL #9061 S2.815 44 12204 SE 270`h Street W S2 5 FT OF W 1/2 OF W 1/2 OF NE Kent, WA 98031 1/4 OF SE 1/4 OF SW 1/4 LESS CO RD 282205-9061 Anna, Stanislav and 28-22-05, TL #9063 $20,912 10 Leonid Kifonshm W 1/2 OF N 1/2 OF SE 1/4 OF SE 1/4 OF 10433 Kent-Kan gley Rd 431 I SW 1/4 LESS CO ROAD Kent, WA 98031 282205-9063 V & Javomllo C Constantino 2S-22-05, TL 49065 S7,162 46 26965 124`h SE E 1/2 OF E 1/2 OF NE 1/4 OF Kent, WA 98031 SE 1/4 OF SW 1/4 LESS CO RDS 2S2205-9065 Veronica 0 & Ray McCaw 28-22-05, TL #9066 S3,869 74 12222 SE 270`h Street E 1/2 OF W 1/2 OF NE 1/4 OF SE Kent, WA 98031 1/4 OF SW 1/4 LESS CO RD 2S2205-9066 LID330 BIG K-Charge In Lieu 4ssmLN%2001 Page 1 01 5 LID 350 BIG 'K' SAiNITARY SEWER and DEL WEBB INTERCEPTOR CHARGE IN LIEU OF ASSESSMENT JANUARY 30, 2002 Current Charge in Lieu Tax PaverNo. Parcel Description of Assessment Gerard Otsuka 28-22-05, TL#9094 51,368,59 12236 SE 270'h Street W 1/2 OF W 1/2 OF E 1/2 OF NE Kent, WA 98031 1/4 OF SE 1/4 OF SW 1/4 LESS CO RD 282205-9094 Alan M &Linda L Cote 28-22-05, TL #9262 51,690 86 12212 SE 2701h Street W 1/2 OF W 1/2 OF NE 1/4 OF SE 1/4 Kent, WA 98031 OF SW 1/4 LESS W 82 5 FT LESS CO RD 282205-9262 2 The following properties are located along the Del Webb Interceptor route and can connect directly to the interceptor, The charge in lieu of assessment applies should these properties connect to the Del Webb Interceptor The charge to the properties within the plat of Cottonwood is based on plat conditions as specified on the face of the plat The charge was calculated for the original two properties (tax lots 47 and 48) with direct connection, then spread evenly to the 18 new lots The new lots connect through an extension from the interceptor Current Charge in Lieu Tax PaverNo. Parcel Description of Assessment Clark M Ressler 28-2250, TL #9057 517,959 93 26308 ivlanne View Dr S W 186 FT OF NE 1/4 OF SW 1/4 LY Des Moines, WA 98198 S OF STATE HWY LESS ST HWY 282205-9057 Salvador B Cossio 28-22-05, TL #9080 516,539 38 Virginia L M Cossio E 132 FT OF SE 1/4 OF NW 1/4 OF SW 11926 SE 268' 1/4 OF STR 28-22-05 LESS S 40 FT THOF Kent, WA 98031 FOR CO RD 40 282205-9080 LIDIH BIG h Charze1nL;euA=L/M%2001 Paee 2 of Current Charge inLieu Tat PaverNo. Parcel Description of Assessment Hamilton C McKelvey 28-22-05, TL 49081 521,102 75 Joyce B McKelvey W 132 FT OF E 264 FT OF SE 1/4 11914 SE 2681h Street OF NW 1/4 OF SW 1/4 LESS CO RD Kent, WA 98031 282205-9081 Ronald D & Menal K Seek 28-22-05, TL #9190 $9,778 32 12035 Kent-Kangley Rd N 356 FT OF S 500 FT OF W 1/2 OF Kent, WA 98031 W 1/2 OF NE 1/4 OF SW 1/4 LESS 282205-9190 W 186 FT - AKA LOT B OF KC LOT LN ADJ NO 8605014 APPROVED 5/28/86 Cheryl L & Ronald D Seek 28-22-05, TL#9269 S9.778 32 12039 Kent-Kangley Rd S 144 FT OF W 1/2 OF W 1/2 OF NE 1/4 Kent, WA 98031 OF SW 1,14 LESS W 186 FT AKA LOT A 282205-9269 OF KC LOT LN ADJ NO 8605014 APPROVED 5/28/86 JG Real Estate Group Lot 1, Cottonwood 52,437 44 N W , L L C Vol, 204 P�- 28-29 18124 Riviera Pl SW Seattle, WA 98166 1776420010 JG Real Estate Group Lot 2, Cottonwood 52,437 44 N W , L L C Vol 204 Pg 28-29 18124 Riviera Pl SW Seattle, WA 98166 1776420020 JG Real Estate Group Lot 3, Cottonwood 52,437 44 N W , L L C Vol 204 Pg 28-29 18124 Riviera Pl SW Seattle, WA 98166 1776420030 JG Real Estate Group Lot 4, Cottonwood 52,437 44 N W , L L C Vol 204 Pg 28-29 18124 Riviera PI SW Seattle. WA 98166 1776420040 LID',i0 BIG K Charee In Lieu 45smUMV2001 Paee 3 of 5 Current Charge in Lieu Tax PaverNo. Parcel Description of Assessment JG Real Estate Group Lot 5, Cottonwood S2137 44 N W , L L C Vol 204 Pg 28 29 18124 Riviera PI SW Seattle, WA 99166 1776420050 JG Real Estate Group Lot 6, Cottonwood S2,437 44 N W , L L C Vol 204 Pg 28 29 18124 Riviera Pl SW Seattle, WA 98166 1776420060 JG Real Estate Group Lot 7, Cottonwood S_137 44 N W , L L C Vol 204 Pg 28-29 18124 Riviera PI SW Seattle WA 98166 1776120070 JG Real Estate Group Lot 8, Cottonwood S113+ 44 N W , L L C Vol 204 PI- 28-29 18124 Riviera PI SW Seattle WA 98166 1776420080 JG Real Estate Group Lot 9, Cottonwood S2 137 44 N W , L L C Vol 204 Pg 28-29 18124 Riviera PI SW Seattle, WA 98166 1776420090 JG Real Estate Group Lot 10, Cottonwood S2,437 14 N W , L L C Vol 204 Pg 28-29 18124 Riviera PI SW Seattle, WA 98166 1776420100 JG Real Estate Group Lot 11, Cottonwood S2,437 44 N W , L L C Vol 204 Pg 28-29 18124 Riviera PI SW Seattle, WA 98166 1776420110 LID350 BIG K-Chnrgcln Liau\ssmL'%1\1001 Pan 4 01 Current Charge in Lieu Tax Pa-,erNo Parcel Description of Assessment JG Real Estate Group Lot 12, Cottonwood S2,437 44 N W , L L C Vol 204 Pg 28-29 IS124 Riviera PI SW Seattle, WA 98166 1776420120 JG Real Estate Group Lot 13, Cottonwood S2,437 44 N W , L L C Vol 204 Pg 28-29 I8124 Riviera Pl SW Seattle, WA 98166 1776420130 JG Real Estate Group Lot 14, Cottonwood S2,437 44 N W , L L C Vol 204 Pla 28-29 18124 Riviera PI SW Seattle, WA 98166 1776420140 JG Real Estate Group Lot 15, Cottonwood S2,437 44 N W , L L C Vol 204 Pg 28-29 18124 Riviera P1 SW Seattle, WA 98166 1776420150 JG Real Estate Group Lot 16, Cottonwood S2,437 44 N W , L L C Vol 204 P- 28-29 18124RnieraPl SW Seattle, WA 98166 1776420160 JG Real Estate Group Lot 17, Cottonwood S2,437 d4 NW , L L C Vol 204 P; 2S-29 18124 Riviera Pl SW Seattle, WA 98166 1776420170 JG Real Estate Group Lot 18, Cottonwood S2,437 44 N W , L L C Vol 204 Pg 28-29 18124 Riviera P1 SW Seattle, WA 98166 177641-0180 LID:,U BIG F.-Cha-^:1n I_,c"1,sni AI -CO) of y of Basin. County \"rm..sn R Rme,57avor G.,ary Gmkc Ezecun,e Seattle-Ding Count), Department of Public health Sharon Stewart Johnson Acting Director Aprils, 1995 NOTICE TO BIG "K" PLAT HOME OWNERS As a Big "K" Plat homeowner, you are no doubt familiar by now with your nelgnborhood problem of failing on-site sewage systems Even if your own septic system has not surfaced on the ground or backed up into your house, the problem your neighbor is having down the street is a proximate threat to your family's health Your neighbor's problem may no longer be fixed by the short term solution of dibging more arainlmes on his property. Reconstrucuon of repair to existmg drainfields is very difficult and expensive, especially with the new 1995 state code Problems to repair septic systems in this area are compounded due to limited space, inadequate setbacks and poor soils. It is not unusual for you to be experiencing problems now and for these problems to steadily get worse Your on-site septic system was designed as a short term disposal method which would someday be replaced by public sewers In the early and mid 1960's when the Big "K" was platted, the design standards were less stringent Many septic systems are at or near their twenty to thirty year life expectancy, depending on their use and maintenance. There is no economically feasible alternative to public sewers for failed on-site systems Cost of a septic system repair may be as high as $10,000 to 515,000, similar to the cost of hooking up to public sewers If someone wishes to repair their septic system they may still be rcquirea to hook to the sewer when public sewer becomes available The Health Department has made recommendation to the City of Kent to extend sanitary sewers into the Big "K" Plat To initiate that process, Big "K" residents will be given the opportunity in the near future to sign a petition to show support for the formation of a Utility Local improvement D1snict (Ti L I D ) Some Vf your iil!-Ilbors navc volui.tcored rGr this wCrk is you are concerned and wish to volunteer, or have questions about procedure, please call Merrill Vesper, City Engineer, at 859-3384 As a future measure, the Health Department and the City of Kent will work together to meet the needs of the community If you have any questions or wish additional clarification or information on this matter please contact Paul Robinson, Senior Environmental Health Specialist at the Alder Square District Environmental Health Office, phone 296-4708, Monday through Thursday 7.30 AM to 9-30 AM. 0 Vder Square Environmental Health Ser.roe. IPT4(lniril %%e �wo• IOL 6eni Ai�,hmttin 98U,' i'Uei"in-i-ul.r'7o-loan F�Ai'UoiJ^�-�lo Kent City Council Meeting Date May 7, 2002 Category Consent Calendar 1 . SUBJECT: 72ND AVENUE SOUTH PAVEMENT RECONSTRUCTION - ACCEPT AS COMPLETE 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, accept the 72nd Avenue South Pavement Reconstruction project as complete and release retainage to Scarsella Brothers upon standard releases from the state and release of any liens . The original contract amount was $768 , 768 . 68 . The final contract amount was $706, 157 . 95 . 3 . EXHIBITS: None 4 . RECOMMENDED BY: Public Works Director (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. 6J Kent City Council Meeting Date May 7, 2002 Category Other Business 1 . SUBJECT: ZONING CODE AMENDMENT PHASE 2A (ZCA-2001-1) - ORDINANCE 2 . SUMMARY STATEMENT: On April 8, 2002 , the Land Use and Planning Board recommended amending Kent City Zoning Code Sections 15 . 02 , 15 . 04 , 15 . 08, and 12 . 01 as outlined in the attached ordinance . This group of amendments is largely corrective in nature and is meant to solve code conflicts or provide additional clarifying language . 3 . EXHIBITS : Staff memo dated 4/30/02 , Land Use and Planning Board staff report dated 4/1/01; and Land Use and Planning Board minutes dated 4/8/02 . 4 . RECOMMENDED BY: Land Use & Planning Board (Committee, Staff , Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS . 7 CITY COUNCIL ACTION: Councilmember_&,A/-,/ oves, Councilmember 0�6 seconds to approve) the Land Use and Planning Board' s recommendation for the Zoning Code Amendments Phase 2A and Chapter 12 01 and adopt Ordinance No. 34600 . DISCUSSION: ACTION. Council Agenda Item No. 7A Page I WEST'S REVISED CODE OF WASHINGTON ANNOTATED TITLE 36. COUNTIES CHAPTER 36.70A. GROWTH MANAGEMENT--PLANNING BY SELECTED COUNTIES AND CITIES Copr C West Group 2002 All tights reserved Current through Chapter 3 of 2002 Regular Session 36 70A 106 Comprehensive plans--Development regulations--Transmittal to state (1)Each county and city proposing adoption of a comprehensive plan or development regulations under this chapter shall notify the department of its intent to adopt such plan or regulations at least sixty days prior to final adoption State agencies including the department may provide comments to the county or city on the proposed comprehensive plan, or proposed development regulations, during the public review process prior to adoption (2) Each county and city planning under this chapter shall transmit a complete and accurate copy of its comprehensive plan or development regulations to the department within ten days after final adoption (3) Any amendments for permanent changes to a comprehensive plan or development regulation that are proposed by a county or city to its adopted plan or regulations shall be submitted to the department in the same manner as initial plans and development regulations under this section Any amendments to a comprehensive plan or development regulations that are adopted by a county or city shall be transnutted to the department in the same manner as the initial plans and regulations under this section WEST'S REVISED CODE OF WASHINGTON ANNOTATED TITLE 36. COUNTIES CHAPTER 36.70A GROWTH MANAGEMENT—PLANNING BY SELECTED COUNTIES AND CITIES Copr (.0 West Group 2002 All rights reserved Current through Chapter 3 of 2002 Regular Session 36 70A 130 Comprehensive plans--Review—Amendments (AMENDED) WASHINGTON 2002 LEGISLATIVE SERVICE 57th Legislature.2002 Regular Session Copr (0 West Group 2002 All rights reserved Additions are indicated by<<+Text+>>, deletions by <<-Text->> Changes in tables are made but not lughlighted Vetoed provisions within tabular material are not displayed CHAPTER 320 S S B No 5841 GROWTH MANAGEMENT--COMPREHENSIVE PLAN REVIEW AN ACT Relating to establishing a schedule for review of comprehensive plans and development regulations adopted under the growth management act, and amending RCW 36 70A 130 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON Sec. 1.RCW 36 70A 130 and 1997 c 429 s 10 are each amended to read as follows << WA ST 36 70A 130>> (1)<<+(a)+>>Each comprehensive land use plan and development regulations shall be subject to continuing review Copr © West 2002 No Claim to Ong U S Govi Works Page 2 and evaluation by the county or city that adopted them «-Not later than September 1,2002, and at least every five years thereafter,->> <<+A+>> county or city shall take <<+legislative+>> action to review and, if needed, revise its comprehensive land use plan and development regulations to ensure <<-that-»the plan and regulations <<-are complying->><<+comply+>> with the requirements of this chapter <<+according to the time penods specified in subsecnon(4)of this section A county or city not planning under RCW 36 70A 040 shall take action to review and, if needed, revise its policies and,development regulations regarding critical areas and natural resource lands adopted according to this chapter to ensure these policies and regulations comply with the requirements of this chapter according to the time penods specified in subsection(4) of this section Legislative action means the adoption of a resolution or ordinance following nonce and a public heating indicating at a minimum, a finding that a review and evaluation has occurred and identifying the revisions trade, or that a revision was not needed and the reasons therefore+>> The review and evaluation required by this subsection may be combined with the review required by subsection (3) of this section <<+The review and evaluation required by this subsection shall include, but is not limited to, consideration of critical area ordinances and, if planning under RCW 36 70A 040, an analysis of the population allocated to a city or county from the most recent ten-year population forecast by the office of financial management+>> <<+(b)+>> Any amendment «+-of+>> or revision to a comprehensive land use plan shall conform to this chapter<<-, and-»«+ A+>>ny <<- change->> <<+amendment of or revision+>> to development regulations shall be consistent with and implement the comprehensive plan (2)(a) Each county and city shall establish and broadly dissermnate to the public a public participation program«- identifying->> <<+consistent with RCW 36 70A 035 and 36 70A 140 that identifies+>> procedures <<+and schedules+>> whereby<<+updates,+>>proposed amendments<<+,+>> or revisions of the comprehensive plan are considered by the governing body of the county or city no more frequently than once every ,year<<-except that- »«+ "Updates" means to review and revise, if needed, according to subsection (1) of this section, and the nine penods specified in subsection (4) ofthis section A+>>mendments may be considered more frequently <<+ than once per year+>>under the following circumstances (1)The initial adoption of a subarea plan<<+that does not modify the comprehensive plan policies and designations applicable to the subarea+>> (ii) The adoption or amendment of a shoreline master program under the procedures set forth in chapter 90 58 RCW, and (ui) The amendment of the capital facilities element of a comprehensive plan that occurs concurrently with the adoption or amendment of a county or city budget (b) Except as otherwise provided in (a) of this subsection, all proposals shall be considered by the governing body concurrently so the cumulative effect of the various proposals can be ascertained However, after appropriate public participation a county or city may adopt amendments or revisions to its comprehensive plan that conform with this chapter whenever an emergency exists or to resolve an appeal of a comprehensive plan filed with a growth management heanngs board or with the court (3) Each county that designates urban growth areas under RCW 36 70A 110 shall review, at least every ten years, its designated urban growth area or areas, and the densities pemmrted within both the incorporated and unincorporated portions of each urban growth area In conjunction with this review by the county, each city located within an urban growth area shall review the densities permitted within its boundaries, and the extent to which the urban growth occurring withun the county has located within each city and the unincorporated portions of the urban growth areas The county comprehensive plan designating urban growth areas, and the densities permitted in the urban growth areas by the comprehensive plans of the county and each city located within the urban growth areas, shall be revised to accommodate the urban growth projected to occur in the county for the succeeding twenty-year period The review required by this subsection may be combined with the review and evaluation required by RCW 36 70A 215 <<+(4) The department shall establish a schedule for counties and cities to take action to review and if needed, Copr © West 2002 No Claim to Ong U S Govt Works Page 3 revise their comprehensive plans and development regulations to ensure the plan and regulations comply with the requirements of this chapter The schedule established by the department shall provide for the reviews and evaluations to be completed as follows +>> <<+(a) On or before December 1, 2004, and every seven years thereafter, for Clallam, Clark, Jefferson, King, Kitsap, Pierce, Snohonush, Thurston,and Whatcom counties and the cities within those counties,+>> <<+(b) On or before December 1, 2005, and every seven years thereafter, for Cowlitz, Island, Lewis, Mason San Juan, Skagit, and Skamania counties and the cities within those counties,+>> <<+(c) On or before December 1 2006, and every seven years thereafter, for Benton, Chelan, Douglas, Grant, Kittitas, Spokane, and Yakima counties and the cities within those counties, and+>> <<+(d) On or before December 1 2007 and every seven years thereafter, for Adams, Asohn, Columbia Ferry, Franklin, Garfield, Grays Harbor, Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille, Stevens Wahkiakum, Walla Walla, and Whitman counties and the cities within those counties+>> <<+(5)(a)Nothing in this section precludes a county or city from conducting the review and evaluation required by this section before the time limits established in subsection (4) of this section Counties and cities may begin this process early and may be eligible for grants from the department, subject to available funding, if they elect to do SO+>> <<+(b) State agencies are encouraged to provide technical assistance to the counties and cities in the review of critical area ordinances, comprehensive plans, and development regulations+>> <<+(6)A county or city subject to the time periods in subsection(4)(a) of this section that, pursuant to an ordinance adopted by the county or city establishing a schedule for periodic review of its comprehensive plan and development regulations, has conducted a review and evaluation of its comprehensive plan and development regulations and, on or after January 1, 2001, has taken action in response to that review and evaluation shall be deemed to have conducted the first review required by subsection (4)(a) of this section Subsequent review and evaluation by the county or city of its comprehensive plan and development regulations shall be conducted in accordance with the time periods established under subsection(4)(a)of this section+>> <<+(7) The requirements imposed on counties and cities under this section shall be considered "requirements of this chapter" under the terms of RCW 3670A040(1) Only those counties and cities in compliance with the schedules in this section shall have the requisite authority to receive grants, loans, pledges, or financial guarantees from those accounts established in RCW 43 155 050 and 70 146 030 Only those counties and cities in compliance with the schedules in this section shall receive preference for grants or loans subject to the provisions of RCW 43 17 250+>> Approved April 2,2002 Effective June 13,2002 36 70A 140 Comprehensive plans--Ensure public participation Each county and city that is required or chooses to plan under RCW 36 70A 040 shall establish and broadly disseminate to the public a public participation program idenrifymg procedures providing for early and continuous public participation in the development and amendment of comprehensive land use plans and development regulations implementing such plans The procedures shall provide for broad dissemination of proposals and alternatives, opportunity for written comments, public meetings after effective notice, provision for open discussion, communication programs, information services, and consideration of and response to public comments In enacting legislation in response to the board's decision pursuant to RCW 36 70A 300 declaring part or all of a comprehensive plan or development regulation invalid, the county or city shall provide for public participation that is appropriate Copr © West 2002 No Claim to Ong U S Govt Works Page 4 and effective under the circumstances presented by the board's order Errors in exact compliance with the established program and procedures shall not render the comprehensive land use plan or development regulations invalid if the spirit of the program and procedures is observed WEST'S REVISED CODE OF WASHINGTON ANNOTATED TITLE 35A.OPTIONAL MUNICIPAL CODE CHAPTER 35A.63.PLANNING AND ZONING IN CODE CITIES Copr, ©West Group 2002 All tights reserved Current through Chapter 3 of 2002 Regular Session 35A 63 060 Comprehensive plan—General(AMENDED) WASHINGTON 2002 LEGISLATIVE SERVICE 57th Legislature,2002 Regular Session Copr Cc3 West Group 2002 All rights reserved Additions are indicated by<<+Text+>>, deletions by <<-Text->> Changes in tables are made but not highlighted. Vetoed provisions within tabular material are not displayed CHAPTER 189 S S B No 5748 TRANSPORTATION--LAND USE--PLANS AND SPECIFICATIONS AN ACT Relating to integration of transportation and land use planning, amending RCW 35 63 060, 35A.63 060, 47 05 051, and 47 06 040, and adding a new section to chapter 47 26 RCW BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON «WA ST 35 63 060>> Sec. 1.RCW 35 63 060 and 1988 c 127 s 1 are each amended to read as follows The commission may act as the research and fact finding agency of the municipality To that end it may make such surveys, analyses, researches and reports as are generally authorized or requested by its council or board, or by the state with the approval of its councilor board The commission,upon such request or authority may also (1) Make inquiries, investigations, and surveys concerning the resources of the county, including but not limited to the potential for solar energy development and alternative means to encourage and protect access to direct sunlight for solar energy systems, (2)Assemble and analyze the data thus obtained and formulate plans for the conservation of such resources and the systematic utilization and development thereof, (3) Make recommendations from time to tune as to the best methods of such conservation, utilization, and development, (4)Cooperate with other commissions and with other public agencies of the municipality,state and United States in such planning, conservation, and development, and (5) In particular cooperate with and aid the state within its territorial linuts in the preparation of the state master plan provided for in RCW 43 21A 350 and in advance planning of public works programs Copr © West 2002 No Clain to Ong U S Govt Works Page 5 <<+ha carrying out its powers and duties, the commission should demonstrate how land use planning is integrated with transportation planning +>> <<WA ST 35A 63 060>> Sec.2.RCW 35A 63 060 and 1967 ex s c 119 s 35A 63 060 are each amended to read as follows Every code city,by ordinance,shall direct the planning agency to prepare a comprehensive plan for anticipating and influencing the orderly and coordinated development of land and building uses of the code city and its environs The comprehensive plan may be prepared as a whole or in successive parts <<+The plan should integrate transportation and land use planning+>> <<WA ST 47 05 051 >> Sec.3.RCW 47 05 051 and 2002 c 5 s 406(ESB 2304)are each amended to read as follows (1) The comprehensive six-year investment program shall be based upon the needs identified in the state-owned highway component of the statewide multimodal transportation plan as defined in RCW 47 01 071(3) and pnorin selection systems that incorporate the following criteria (a)Priority programming for the preservation program shall take into account the following, not necessarily in order of importance (1) Extending the service life of the existing highway system, including using the most cost-effective pavement surfaces,considering (A) Life-cycle cost analysis, (B)Traffic volume, (C) Subgrade soil conditions, (D) Environmental and weather conditions, (E)Materials available and (F)Construction factors, (it)Ensuring the structural ability to cant'loads unposed upon highways and bridges, and (u) Minimizing life cycle costs The transportation commission in carrying out the provisions of this section may delegate to the department of transportation the authority to select preservation projects to be included in the six- year program (b) Priority programming for the improvement program must be based primarily upon the following<<+, not necessarily in order of importance+>> (1)Traffic congestion, delay, and accidents, (it)Location within a heavily traveled transportation corridor, (in) <<+Except for projects in cities having a population of less than five thousand persons, s+>>ynchromzation with other potential transportation projects, including transit and multimodal projects, within the heavily traveled corridor, and Copr © West 2002 No Claim to Ong U S Govt Works Page 6 (iv)Use of benefit/cost analysis wherever feasible to determine the value of the proposed project (c)Priority programming for the improvement program may also take into account (i) Support for the state's economy, including job creation and job preservation, (it)The cost-effective movement of people and goods, (in)Accident and accident risk reduction, (iv)Protection of the state's natural environment, (v) Continuity and systematic development of the highway transportation network, (vi) Consistency with local comprehensive plans developed under chapter 36 70A RCW <<+including the following if they have been included in the comprehensive plan+>> <<+(A)Support for development in and revitalization of existing downtowns,+>> <<+(B) Extent that development implements local comprehensive plans for Waal and urban residential and nonresidential densities,+>> <<+(C) Extent of compact, transit-onented development for Waal and urban residential and nonresidential denies,+>> <<+(D)Opportunities for multimodal transportation, and+>> <<+(E)Extent to which the project accommodates planned growth and economic development+>>, (vu)Consistency with regional transportation plans developed under chapter 47 30 RCW, (vui)Public views concerning proposed improvements, (nix)The conservation of energy resources, (x)Feasibility of financing the full proposed improvement, (xi)Commitments established in previous legislative sessions, (xn)Relative costs and benefits of candidate programs (d) Major projects addressing capacity deficiencies which prioritize allowing for preliminary engineering shall be repnontmzed during the succeeding biennium, based upon updated project data Repnontized projects may be delayed or canceled by the transportation commission if higher priority projects are awaiting funding (e) Major project approvals which significantly increase a project's scope or cost from original pnontization estimates shall include a review of the project's estimated revised pnonri rank and the level of funding provided Projects may be delayed or canceled by the transportation commission if higher priontv projects are awaiting funding (2)The commission may depart from the priority programming established under subsection(1) of this section (a) To the extent that otherwise funds cannot be utilized feasibly within the program, (b) as may be required by a court judgment, legally binding agreement, or state and federal laws and regulations, (c) as may be required to coordinate with federal, local or other state agency construction projects, (d) to take advantage of some substantial financial benefit that may be available, (e) for continuity of route development, or (f) because of changed financial or Copr © West 2002 No Claim to Ong U S Govt Works Page 7 physical conditions of an unforeseen or emergent nature The commission or secretary of transportation shall maintain in its files information sufficient to show the extent to which the commission has departed from the established priority (3) The commission shall identify those projects that yield freight mobility benefits or that alleviate the impacts of freight mobility upon affected communities <<WA ST 47 06 040>> Sec.4.RCW 47 06 040 and 1998 c 199 s I are each amended to read as follows The department shall develop a statewide multimodal transportation plan under RCW 47 01 071(3) and in conformance with federal requirements, to ensure the continued mobility of people and goods within regions and across the state in a safe, cost-effective manner The statewide multimodal transportation plan shall consist of (1)A state-owned facilities component, which shall guide state investment for state highways including bicycle and pedestrian facilities and state ferries, and (2) A state-interest component, which shall define the state interest in aviation marine ports and navigation freight rail, intercity passenger rail, bicycle transportation and pedestrian walkways, and public transportation, and recommend actions in coordination with appropriate public and private transportation providers to ensure that the state interest in these transportation modes is met The plans developed under each component must be consistent with the state transportation policy plan and with each other, reflect public involvement, be consistent with regional transportation planning, high-capacity transportation planning, and local comprehensive plans prepared under chapter 36 70A RCW, and include analysis of intermodal connections and choices A primary emphasis for these plans shall be the relief of congestion, the preservation of existing investments <<+and downtowns, ability to attract or accommodate planned population, and employment growth+>>, the improvement of traveler safety, the efficient movement of freight and goods and the improvement and integration of all transportation modes to create a seamless intermodal transportation system for people and goods In the development of the statewide multimodal transportation plan, the department shall identify and document potential affected environmental resources, including, but not hunted to wetlands, storm water runoff flooding, air quality, fish passage, and wildlife habitat The department shall conduct its environmental identification and documentation in coordination with all relevant environmental regulatory authorities including, but not limited to, local governments The department shall give the relevant environmental regulatory authorities an opportunity to review the department's environmental plans The relevant environmental regulatory authorities shall provide comments on the department's environmental plans in a timely manner Environmental identification and documentation as provided for in RCW 47 01 300 and this section is not intended to create a private right of action or require an environmental impact statement as provided in chapter 43 21 C RCW NEW SECTION Sec 5.A new section is added to chapter 47 26 RCW to read as follows In any project funded by the transportation improvement board, except for projects in cities having a population of less than five thousand persons, and in addition to any other items required to be considered by statute, the board also shall consider the land use implications of the project, such as whether the programs and projects (1) Support development in and revitalization of existing downtowns, (2) Implement local comprehensive plans for rural and urban residential and nonresidential densities, (3) Have land use planning and regulations encouraging compact development for Waal and urban residential and nonresidential densities, and Copr (0 West 2002 No Claim to Ong U S Govt Works Page 8 (4)Promote the use of multimodal transportation Approved March 27, 2002 Effective June 13,2002 35A 63 061 Comprehensive plan--Required elements The comprehensive plan shall be in such form and of such scope as the code city's ordinance or charter may require It may consist of a map or[naps, diagrams, charts, reports and descriptive and explanatory text or other devices and matenals to express,explain, or depict the elements of the plan, and it shall include a recommended plan, scheme,or design for each of the following elements (1)A land-use element that designates the proposed general distribution, general location, and extent of the uses of land These uses may include, but are not limited to, agricultural, residential, commercial, industrial, recreational, educational, public, and other categories of public and private uses of land The land-use element shall also include estimates of future population growth in, and statements of recommended standards of population density and building intensity for, the area covered by the comprehensive plan The land use element shall also provide for protection of the quality and quantity of ground water used for public water supplies and shall review drainage, flooding, and storm water run-off in the area and nearby junsdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute Puget Sound or waters entering Puget Sound (2)A circulation element consisting of the general location, alignment, and extent of existing and proposed major thoroughfares, major transportation routes, and major terminal facilities, all of which shall be correlated with the land-use element of the comprehensive plan 35A 63 062 Comprehensive plan--Optional elements The comprehensive plan may include also any or all of the following optional elements (1)A conservation element for the conservation development, and utilization of natural resources (2)An open space,park, and recreation element (3) A transportation element showing a comprehensive system of surface, air, and water transportation routes and facilities (4)A public-use element showing general locations, designs, and arrangements of public buildings and uses (5)A public utilities element showing general plans for public and franchised services and facilities (6) A redevelopment or renewal element showing plans for the redevelopment or renewal of slum and blighted areas (7)An urban design element for general organization of the phvsical parts of the urban landscape (8)Other elements dealing with subjects that, in the opinion of the legislative body,relate to the development of the municipality, or are essential or desirable to coordinate public services and programs with such development (9)A solar energy element for encouragement and protection of access to direct sunlight for solar energy systems Copr C West 2002 No Clain to Ong U S Govt Works Page 9 35A 63 070 Comprehensive elan--Notice and hearing After preparing the comprehensive plan, or successive parts thereof, as the case may be, the planning agency shall hold at least one public hearing on the comprehensive plan or successive part Notice of the time, place, and purpose of such public hearing shall be given as provided by ordinance and including at least one publication in a newspaper of general circulation delivered in the code city and in the official gazette, if any, of the code city, at least ten days prior to the date of the hearing Continued hearings may be held at the discretion of the planning agency but no additional notices need be published 35A 63 071 Comprehensive plan--Forwardm_to legislative bodv Upon completion of the hearing or hearings on the comprehensive plan or successive parts thereof, the planning agency, after making such changes as it deems necessary following such hearing, shall transmit a copy of its recommendations for the comprehensive plan, or successive parts thereof, to the legislative body through the chief administrative officer, who shall acknowledge receipt thereof and direct the clerk to certify thereon the date of receipt 35A 63 072 Comprehensive plan--Approval by legislative bodv Within sixty days from its receipt of the recommendation for the comprehensive plan, as above set forth, the legislative body at a public meeting shall consider the same The legislative body within such period as it may by ordinance provide, shall vote to approve or disapprove or to modify and approve, as modified, the comprehensive plan or to refer it back to the planning agency for further proceedings in which case the legislative body shall specify the time within which the planning agency shall report back to the legislative body its findings and recommendations on the matters referred to it The final form and content of the comprehensive plan shall be determined by the legislative body An affirmative vote of not less than a majority of total members of the legislative body shall be required for adoption of a resolution to approve the plan or its parts The comprehensive plan, or its successive parts, as approved by the legislative body, shall be filed with an appropriate official of the code city and shall be available for public inspection 35A 63 073 Comprehensive plan--Amendments and modifications All amendments, modifications, or alterations in the comprehensive plan or any part thereof shall be processed in the same manner as set forth in RCW 35A 63 070 through 35A 63 072 35A 63 080 Comprehensive plan--Effect From the date of approval by the legislanve body the comprehensive plan, its parts and modifications thereof, shall serve as a basic source of reference for future legislative and administrative action PROVIDED That the comprehensive plan shall not be construed as a regulation of property nghts or land uses PROVIDED, FURTHER That no procedural irregularity or informality in the consideration hearing, and development of the comprehensive plan or a part thereof, or any of its elements, shall affect the validity of any zoning ordinance or amendment thereto enacted by the code city after the approval of the comprehensive plan The comprehensive plan shall be consulted as a preliminary to the establishment, improvement, abandonment, or vacation of any street, park, public way, public building, or public structure, and no dedication of any street or other area for public use shall be accepted by the legislative body until the location, character, extent, and effect thereof Copr 2C West 2002 No Claim to Ong U S Govt Works Page 10 shall have been considered by the plarimng agency with reference to the comprehensive plan The legislative body shall specify the time within which the planning agency shall report and make a recommendation with respect thereto Recommendations of the planning agency shall be advisory only 35A 63 100 Municipal authority After approval of the comprehensive plan, as set forth above, the legislative body, in developing the municipality and in regulating the use of land, may implement or give effect to the comprehensive plan or parts thereof by ordinance or other action to such extent as the legislative body deems necessary or appropriate Such ordinances or other action may provide for (1) Adoption of an official map and regulations relating thereto designating locations and requirements for one or more of the following Streets parks, public buildings, and other public facilities, and protecting such sites against encroachment by buildings and other physical structures (2) Dividing the municipality, or portions thereof, into appropriate zones within which specific standards, requirements, and conditions may be provided for regulating the use of public and private land, buildings, and structures, and the location, height, bulk, number of stones, and size of buildings and structures, size of yards, courts, open spaces, density of population ratio of land area to the area of buildings and structures, setbacks, area required for off-street parking, protection of access to direct sunlight for solar energy systems, and such other standards, requirements, regulations, and procedures as are appropriately related thereto The ordinance encompassing the matters of this subsection is hereinafter called the "zoning ordinance" No zoning ordinance, or amendment thereto, shall be enacted by the legislative body without at least one public hearing, notice of which shall be given as set forth in RCW 35A 63 070 Such hearing may be held before the planning agency or the board of adjustment or such other body as the legislative body shall designate (3) Adoption of design standards, requirements, regulations, and procedures for the subdivision of land into two or more parcels, including, but not limited to, the approval of plats, dedications, acquisitions, improvements, and reservation of sites for public use (4) Scheduling public improvements on the basis of recommended prionties over a period of years, subject to periodic review (5) Such other matters as may be otherwise authorized by law or as the legislative body deems necessary or appropriate to effectuate the goals and objectives of the comprehensive plan or parts thereof and the purposes of this chapter Copr C West 2002 No Claim to Ong U S Govt Works COMMUNITY DEVELOPMENT Fred N Satterstrom, AICP, Director PLANNING SERVICES *, Charlene Anderson,AICP, Manager VV w A S H I IG TT a N Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent,WA 98032-5895 April 30, 2002 TO MAYOR JIM WHITE, COUNCIL PRESIDENT TIM CLARK AND CITY COUNCIL MEMBERS FROM KIM MAROUSEK, PRINCIPAL PLANNER SUBJECT #ZCA-2001-1,ZONINGCODEAMENDMENTPHASEIIA(1502,1504,1508&1509)AND CHAPTER 1201(KIVA #2011439) Following their public hearing on April 8, 2002 the Land Use and Planning Board voted to amend Kent City Code Sections 15 02, 15 04, 15 08, 15 09 and 12 01 as outlined in the attached draft ordinance Over the past two years since implementing the tabular format of the zoning code, a number of"scrivener" errors have been identified This amendment proposes to "clean up"these inconsistencies Therefore,this group of amendments can be seen as largely corrective in nature and is meant to resolve code conflicts or provide additional clarifying language A summary of proposed revisions by section is as follows • Section 15 02 revises the definition for transitional housing based on current law, adds a definition for emergency housing and adds a definition for dnve-in/dnve-through facilities • Section 15 04 adds missing footnotes or deletes incorrect footnotes, provides clarifying language and seek to provide consistency to make code interpretations easier No new uses are added to the tables, however, some recent interpretations are codified with these revisions Notably, adding professional medical uses to CC and NCC zones (15 04 090) Additionally a substantive change is proposed to the MRT-12 and MRT-16 development standards that would reduce building to-building setback and side yard setback standards for townhouse developments that attach three or less units (15 04 180) • Section 15 08 deletes the permit processing reference to administrative approvals since it is addressed in KCC 12 01, adds clarifying language to the nonconforming section with respect to applicability of these rules, and modifies the Green River Special Interest District Guidelines • Section 15 09Section 15 09 (changes to conditional use and variance sections)conditional use and variance sections) These changes would delete section 15 09 030(E)(2) — conditional exception —which is covered by the variance application process Section 15 09 030(G) and 15 09 040(E) both seek to expand the period of validity for conditional use and variance applications from one to three years ZCA-2001-1 Zoning Code Amendment Phase IIA City Council Meeting 5/7/2002 Page 2 of 2 Section t2 01 contains an incorrect subsection citation The City Attorney's Office has drafted an ordinance, included herewith, which would effectuate the amendments proposed by the Land Use and Planning Board KM/mjp S\Permit\PlanVONECODEAMEND\2001\201 1 439-2001-1cc doc cc Fred N Satterstrom,Community Development Director Charlene Anderson,Planning Manager Kim Adams-Pratt,Assistant City Attorney Kurt Hanson,Senior Planner Kathenn Johnson,Human Services Manager i COMMUNITY DEVELOPMENT Fred N Satterstrom, AICP, Director PLANNING SERVICES *'t Charlene Anderson, AICP, Manager ����••/// w^,s„,„�,oN Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent, WA 98032-5895 Apnl 1, 2002 TO CHAIR TERRY ZIMMERMAN AND LAND USE AND PLANNING BOARD MEMBERS FROM KIM MAROUSEK, SENIOR PLANNER SUBJECT #ZCA2001-1,ZONINGCODEAMENDMENTPHASEIIA(1502,1504,1508&1509)AND CHAPTER 1201(KIVA #2011439) LAND USE AND PLANNING BOARD HEARING APRIL 8, 2002 On January 14, 2002, the Land Use and Planning Board held a workshop to discuss proposed • revisions to the Kent Zoning Code The Zoning Code revisions were primarily related to section 15 04 (land use and development regulations) Additionally, the Board discussed revisions to sections 15 02, 15 08 and 15 09 Based on discussion in the workshop, questions from interested citizens, and additional issues that have arisen since the workshop, staff proposes the additional code modifications outlined in this memo At the workshop, the Board requested additional information related to KCC 15 04 195(46) regarding dnve-up/dnve through facilities and 15 08 260(5) regarding dock door placement within the Green River Corridor Special Interest District overlay area Staff researched other zoning codes and found several examples of similar provisions related to dnve-up/dnve through facilities As a result, the language proposed originally is modified to add flexibility for certain site development and land use constraints The proposed revision related to dock door placement is meant to provide consistency with the Shoreline Master Program that was revised in 1999 subsequent to a public hearing Summary of proposed changes post Board workshop: Section 12 01 190(H) The proposed language corrects an incorrect citation Section 15 02 (definitions) New definitions are added for Emergency Housing and for drive- up/drive-through facilities Section 15 04 090 (Service Land Uses) This changes the land use table to add professional medical uses in the CC zone and in NCC (as conditioned by footnote 20) Section 15 04 180 (MRT-12 and MRT-16 development standards) Based on conversations with developers and review of recent townhouse development proposals, staff recommends revising the building-to-building setback and side yard setback standards for townhouse developments that attach three or less units Section 15 08 400(I)(2) (PUD major modifications) The appeal language is revised to be consistent with KCC 12 01 Section 15 09 (changes to conditional use and variance sections) These changes would delete section 15 09 030(E)(2) — conditional exception —which is covered by the variance application process Section 15 09 030(G) and 15 09 040(E) both seek to expand the period of validity for conditional use and variance applications from one to three years RECOMMENDATION Forward to the City Council a recommendation of APPROVAL of the draft code revisions S\Permit\Plan\ZONECODEAMEND\2001\2.011439-2001-Ihrg doe cc Fred N Satterstrom,Community Development Director Charlene Anderson,Planning Manager(w/enclosures) Kim Adams-Pratt,Assistant City Attorney(w/enclosure) Kurt Hanson,Senior Planner(w/enclosure) Katherm Johnson,Human Services Manager(memo and 15 02 sections) Project file ZCA-2001-1 Zoning Code Amendment Phase IIA Land Use and Planning Board Workshop 1/14/02 Page 2 of 2 COMMUNITY DEVELOPMENT Fred N Satterstrom, Community Dev Director PLANNING SERVICES • Charlene Anderson,AICP, Manager KENT Phone 253-856-5454 WASHINGTON Fax 253-856-6454 Address 220 Fourth Avenue S Kent,WA 98032-5895 LAND USE & PLANNING BOARD MINUTES PUBLIC HEARING April 8, 2002 The meeting of the Kent Land Use and Planning Board was called to order by Chair Terry Zimmerman at 7 00 p m on Monday, April 8, 2002 in Chambers West of Kent City Hall LUPB MEMBERS PRESENT STAFF MEMBERS PRESENT Terry Zimmerman, Chair Charlene Anderson, AICP, Planning Mgr David Malik, Vice Chair Kim Marousek, Senior Planner Steve Dowell Arthur"Pat" Fitzpatrick, Deputy City Attorney Nicole Fincher Chris Holden, Administrative Secretary Ron Harmon Jon Johnson Les Thomas APPROVAL OF MINUTES David Malik MOVED and Les Thomas SECONDED to approve the Minutes of March 25, 2002 Motion CARRIED ADDED ITEMS TO THE AGENDA None COMMUNICATIONS The Board members requested that they receive City Council and Planning Committee agenda and minutes NOTICE OF UPCOMING MEETINGS Planning Manager Charlene Anderson stated that the Planning Committee meeting will be held on April 16, 2002 at 3 00 PM concerning Mobile Home Relocation Assistance City Council, that evening, is expected to send the Agricultural Land Issue to the Planning Committee meeting of May 7, 2002 at 3 00 pm The second City Council public hearing for the DeMarco Annexation initial zoning and Comprehensive Plan Amendments will be held on May 7 at 7 00 pm The next Land Use and Planning Board workshop is tentatively scheduled for May 13, 2002 ZCA-2001-1 PHASE IIA (15.02, 1504, 15.08 and 15 09) AND CHAPTER 12.01 (KIVA #2011439) Kim Marousek requested that a letter from Tom Sharp, dated April 1, 2002, be made a part of the record (Exhibit 1) Ron Harmon MOVED and Terry Zimmerman SECONDED to accept the letter as part of the public record Motion CARRIED unanimously Marousek reported on the changes that will be made to the Kent City Code She stated some changes were made to 12 01 that related to permit processing review Marousek briefly mentioned additions of definition for drive-up/drive-through facilities as well as emergency Land Use and Planning Board Minutes April 8, 2002 Page 2 of 4 housing In addition some minor revisions to the development standards to the townhouse zones (MRT-12 and 16) were made A correction was made to the appeal language for the Planned Unit Development section Furthermore, the timeframe for when a conditional use and variance permit would lapse would change from one year to three years Marousek commented that on page 21 of the Ordinance, Wireless Telecommunication Facilities (WTF) uses by a conditional use permit or administrative approval were added She requested that an additional section be approved so that under the SR-1, SR-2, SR-3, SR-4 5, SR-6, SR-8, MRD, MRT zones and the Mobile Home Park there would be a new footnote 8 This footnote would state that a WTF could be approved in these zones by a conditional use permit, and if the WTF is on property that's owned, leased or otherwise controlled by the City or other government entities subject to Kent City Code 15 08 035 (1) It was clarified that a single-family residence could not apply for a WTF permit Marousek explained that no development standard changes were made to the PUD development regulations The change is only to reflect that all appeals to Hearing Examiner decisions would be made directly to Superior Court Board member Harmon asked if the one-step process for the MRT zoning has been discussed and Marousek responded not at this time Commissioner Dowell noted that the use of razor wire is not allowed in manufacturing zones, asking if it is allowed in other zones. Marousek commented that the use of razor wire was permitted in the code except for in manufacturing zones Razor wire and barbed wire are usually considered the same type of wire Les Thomas MOVED and David Malik SECONDED to open the public hearing Motion CARRIED GENE WARDEN, Boeing Realty, PO Box 3707, MC IF-58, Seattle, WA 98124-2207, supports the zoning changes under Section 15 08 260, the Green River Corridor Special Interest District and the loading dock locations Furthermore, he supported the three-year Increase to conditional use permit validity (15 09 030 E g ) Harmon read the section, 15 08 260, 9 c , vegetation buffer, where it states buildings on riverfront lots in industrial zoning districts that have exterior walls exceeding 200 feet in length parallel to or within 45 degrees parallel to the river, must be screened by a vegetation buffer He asked if there was a problem with reducing the length of the building in reference to vegetation buffering Mr Warden replied that additional vegetation would be required if loading docks were put next to the river Harmon felt that in order to prevent developers from making shorter buildings not subject to a vegetative buffer, a vegetative buffer should be required for any length of building built along the Green River Ron Harmon MOVED and Les Thomas SECONDED to close the public hearing Motion CARRIED Land Use and Planning Board Minutes April 8, 2002 Page 3 of 4 A discussion ensued regarding the length of a building and the need for a vegetative landscaping requirement if the building was less than 200 feet in length Commissioners felt the beauty of the Green River should be preserved and requiring a landscape buffer might help in this preservation Marousek commented that the language on page 77 and 78 of the ordinance was verbatim from the Shoreline Code The purpose of making the Code changes was to have the development standards within the Green River Corridor Special Interest District the same the Shoreline Code standards Charlene Anderson commented that revising the standards regarding a vegetative buffer requirement for shorter buildings could be studied and changes made during the second phase of the Zoning Code amendment analysis Harmon still expressed concern regarding the lack of a vegetative buffer requirement for buildings less than 200 feet in length He did not want a "wall" effect along the Green River Steve Dowell MOVED and Nicole Fincher SECONDED to pass staff's recommendation to the Council for their deliberation, which will include the requested change to the Wireless Telecommunications Facilities standards Motion CARRIED Ron Harmon MOVED and David Malik SECONDED that the Land Use and Planning Board has concerns in reference to Section 15 08 260 9(C) and asks the City Council to consider item C for amending the length of the building requirements to require screening for buildings under 200 feet in length Board members discussed at length the motion and its effect on the Code amendment that was approved After several suggestions and comments, Ron Harmon and David Malik withdrew the motion and second Ron Harmon MOVED and David Malik SECONDED in reference to Section 15 08 260, the Green River Corridor Special Interest District Regulation, to have Council consider applying to Item 5 restrictions in reference to the loading dock language applied to Item 9C Motion CARRIED OTHER BUSINESS Board member Thomas asked that the Board be given the history of the building with the loading docks facing the Green River Chair Zimmerman asked that staff provide that information at the next workshop ADJOURNMENT Chair Zimmerman adjourned the meeting at 8 00 p m Respectfully Submitted, /f Charlene Anderson, AICP, Planning Manager Secretary, Land Use and Planning Board ch S%Permit%PlanILUPB12002%Minutes1020408min doc � /0'I ORDINANCE NO. i AN ORDINANCE of the City Council of the City of Kent, Washington, amending Kent City Code Title 15, Chapters 15 02. 15 04, 15 08, and 15 09 relating to zoning, and amending Kent City Code Section 12 01 190(H) to correct a scrivener's error I WHEREAS, Ordinance No J574 was passed on September 18, 2001, which updated code provisions relating to the administration of development regulations, and this ordinance has since been codified into the Kent City Code, and I WHEREAS, Section 12 01 190(H) contains an incorrect subsection cite and needs to be corrected, and i WHEREAS, the City of Kent Planning Services Division has undertaken review of Title 15 of the Kent City Code in order to identify and correct conflicts and redundancies, and amend provisions to reflect the current needs of the City's citizens, and WHEREAS, the Land Use &Planning Board conducted a public hearing on April 8, 2002. regarding Title 15 and recommended approval of the revisions to Title 15 of the Kent City Code. NOW THEREFORE. I ] Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. —Amendment Section 12 01 190 of the Kent City Code, entitled "Open record appeal," is hereby amended to correct a scnvener's error to read as follows I Sec. 12.01.190. Open record appeal. i it H Notice of appeal Public notice of the appeal shall be given as provided in KCC 12 01 145 13)(2)(a) and (he) I I SECTIONS Chapter 15 02 of the Kent City Code, entitled "Definitions." is hereby amended to read as follows Sec. 15 02.113.1. Drive-in, drive-through facilities. Drive-in, drive-through facilities means a business or portion of a business where a consumer is permitted or encouraged either by the design of physical facilities or by the provisions of services and/or packaging procedures, to carry on business while seated in a motor vehicle This definition shall include but not be limited to dnve-up windows, drive-through banks, and drive-m/dnve-through restaurants 2 Revisions to Title 13 and 15 - Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 Sec. 15.02.131. Emergency housing, emergency shelter. Emerzenev housing emergency shelter- means a facility operated publicly or pnvatelv to provide housing for individuals or families who are otherwise homeless and have no immediate living options available to them Emergencv housm¢ shall not exceed a ninety (90) day period per individual or family Sec. 15.02.528. Transitional bousing. Transitional housing means a facility operated publicly or privately to provide housing for individuals or families who are otherwise homeless and have no other immediate living options available to them Transitional housing shall not exceed as j n+g�rz-h twenty-four (24) month period per family or individual li SECTION 3. Chapter 15 04 of the Kent City Code, entitled, 'District Regulations," is hereby amended to read as follows i CHAPTER 15.04. DISTRICT REGULATIONS Sec. 15.04.010. Interpretation of Land Use Tables. A Land use tables The land use tables in KCC 15 04 020 through 15 04 140 determine whether a specific use is allowed in a zoning district The zoning districts are located in the vertical columns and the land uses are located on the horizontal rows of these tables. A purpose statement for each zoning district is included in Ch 15 03 KCC B Principally permitted uses If the letter "T' appears in the box at the intersection of the column and the row, the use is permitted in that zoning district subject to the review procedures specified in Ch 15 09 KCC, the development conditions following the land use table, and any requirements of an overlay zone and the general requirements of the code 3 Revisions to Title 12 and 15 - Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 C Special uses If the letter"S" appears in the box at the intersection of the column and the row, the use is permitted in that zoning district subject to the review procedures specified in Ch 15 09 KCC, the development conditions following the land use table, the development standards stated in KCC 15 08.020, any requirements of an overlay zone and the general requirements of the code D Conditional uses. If the letter "C" appears in the box at the intersection of the column and the row, the use is permitted in that zoning district subject to the review procedures specified in Ch 15 09 KCC, the development conditions following the land use table, the review criteria stated in KCC 15 09 030, any requirements of an overlay zone and the general requirements of the code E Accessory uses If the letter "A" appears in the box at the intersection of the column and the row. the use is permitted in that zoning district subject to the review procedures specified in Ch 15 09 KCC, the development conditions following the land j use table and any requirements of an overlay zone and the general requirements of the I code I, F Development conditions If a parenthetical number appears next to the land use or in the box at the intersection of the column and the row, the use may be allowed subject to the appropriate review process indicated above, the general requirements of the code, and the specific conditions indicated in the development condition with the corresponding i number in subsection immediately following each land use table G Multiple development conditions If more than one (1) letter-number combination appears in the box at the intersection of the column and the row, the use is allowed in that zone subject to different sets of limitations or conditions depending on the review process I indicated by the letter, the general requirements of the code and the specific conditions indicated in the development condition with the corresponding number immediately following the table 4 Revisions to Title 12 and 15 - Chapters 12.01, 15 02, 15.04, 15.08 and 15.09 H Overlay zones Overlay districts provide policies and regulations in addition to those in the underlying zoning district Overlay zones include the Mixed Use Overlay and the Green River Corridor Special Interest District I Applicable requirements All applicable requirements shall govern a use whether or not they are cross-referenced in a section J Interpretation of other uses Any other unnamed use shall be permitted if it is determined by the planning c4treeter manager to be of the same general character as the principally permitted uses and in accordance with the stated purpose of the district, per KCC 15 09 065 I i I 5 Revisions to Title 12 and 15 - Chapters 12.01, 15 02, 15.04, 15.08 and 15.09 Sec. 15 04.020. Residential Land Uses Zoo1na Districts kev P=Principally Permitted Uses S=Special Uses = = Q C=Conditional Uses = N y V A=Accessory Uses m Q 0 V Lpp LFF � m C 2 an 40 u _ — u u o u nan ` E c - = i E c ta- E �' u ( ❑ o r U Upp F ` E a p. _ L. > > v ? G u s° E 3 o E E Ij N Q .2 y v c 3'E' r — c u eo oa pt on co o n v 2.0 m a0 K VI m rj V] G ND U Z C /,C3 G U U u c o cU., U U U o ¢ _ y N U, 3 ¢ ¢ rn to rn n %n L z f z U ❑ ❑ C. U U C E 2 2 2 2 0.single-family dwelling per lot P P P P P P P P P P P P P P P A(I}A(I) (1)A(1) One duplex per lot P One modular home per lot P P P P P P P P P P P P P Duplexes P P P P P P LS Alnitdamds townhouse um" P P P P P P P P P P C (19)(19) L2] M (2) (2) (15) (20)(20) C (5) Mulnfamdv dwellings P P P P P P P P C (2) (4) (2) (2) 1151 C (5) M17ultdamdy dwellings for senior P P P P P C ciliates (2) (3) (2) Mobile homes and manulactured P homes Mobile home parks P P P P P P P (13)(13)(13)(13)(13)(13) Group homes class I-A P P P P P P P P P P P P P P P P P P C C C P Group homes class I-B P P P P P P P P P P C C C P Group homes class 1-C C C C C P P P P P P C C C P Group homes Class 11-A C C C C C C C C C C C C C C Group homes class 11-11 C C C C C C C C C C C C C C Group homes class 11-C C C C C C C C C C C C C C C Group homes class III C C C C C C C C Rebmldlaccessory uses tot existing P(6) P P P P P P P P P 1' P P P P dwellings (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) is) Transstsonal housing P P l7) (7) Guest cottages and houses A A A A A A A A A (8) (8) (8) Ll 5) 11 f9.1 (el (8) (U(31 121]LL L1 L1 WI LLD f L Rooming and boarding of not A A A A A A A A A A A more than three persons Farm workeraceommodabom A A A A (17) (9) 07) 1 1 (9) Accesson uses and buildings A A A A A A A A A A A A A A A A A A A A A A A A A A A curtomardv appurtenant to a (19) (18)(18)(18)L, I8 1j&(1g)J78)f19 L�Jl8) permitted use Accessory dwelling units A A I A A A A A A A A A A A A A (10) (10)(10)(10)(10)(10)(10)(10)(10)(10) (10) (10) (10) (10)(10) 6 Zo Ili ng Districts Kev P==Principally Permitted Uses S -Special Uses — Conditional Uses = — =Accessory Uses y _ aF Fa 2 ch U o ao e o s teo E E 8 H ve m g � � _ C7 as e`c tY y ti _ vt 2 Z o o M C' Q N AI Qj b W - F F! v - u U U ❑ V (i 0 U 7 (i U 6 6 vCi vi h N ti L Z J ❑ ❑ U U O O 2 V Accessory living quarters A A A A A A A A A A A A A A (14) ,l)(14) (14)(14) (14)(14)(14)(14)(14)(14) (14) (14) (14) Home occupations A A A A A A A A A A A A A A A .\ A .A A A a A .� j A i A A A 01)(L(11)(11) 11)(11)(I l) O1) (11)(11)(111(11)(11)(II)MU L]L1 IL L]L]L]LL L1 L)L1 L]lul LLD L Service buildings A Storage buildings and storage of A A A A A A A A A A A A A A recreational vehicles (16) (16) (16) (16) (16) (16)(16) (16) (16)(16) (16) (16)(16) Drive-in churches, welfare C C C C C C C C C C C C C C C C C C C C C C C C C C C L facilities (nieludme emereencv (L(12) shelters), Dciveo-m churches, retirement hames, convalescent homes and other welfare facilities whether prlvaleh or publicly operated facilities for ha bib taboo or correcnan,ett 7 See. 15.04.030. Residential Land Use Development Conditions. 1 Dwelling units, limited to not more than one (1)per establishment, for security or maintenance personnel and their families, when located on the premises where they are employed in such capacity No other residential use shall be permitted 2, Multifamily residential use shall be permitted only in the mixed-use overlay when included within a mixed use development 3. [Reserved] 4 Multifamily residential uses, when established in buildings with commercial or office uses, and not located on the ground floor 5 Multifamily residential uses, when not combined with commercial or office uses 6 Existing dwellings may be rebuilt, repaired and otherwise changed for human occupancy Accessory uses for existing dwellings may be constructed Such uses are !I � garages, carports, storage sheds and fences 7 Transitional housing facilities, limited to a maximum of twenty(20) residents at any one (1) time and four(4) resident staff 8 Guesthouses not rented or otherwise conducted as a business 9 Farm dwellings appurtenant to a principal agricultural use for the housing of farm owners, operators or employees, but not accommodations for transient labor 10 Accessory dwelling units shall not be included in calculating the maximum density Accessory dwelling units are allowed subject to the provisions of Section 15 08 350 I ! 11 Customary incidental home occupations subject to the provisions of section 15 08 040 I' 12 Except for transitional housmg,with a maximum of twenty(20) residents and four (4) staff which are principally permitted uses 13 Subject to the combining district requirements of the Mobile Home Park Code, KCC 12 05 8 Revisions to Title I and 75- Chapters 12.01, 15.02, 15.04, 15 08 and 15.09 • 14 Accessory living quarters are allowed per the provisions of Section 15 08 359 15 Multi-family residential use shall be permitted as a conditional use only when included in a mixed use development 16 Recreational vehicle storage is permitted as an accessory use in accordance with Section 15 08 080 17 Accommodations for farm operators and employees, but not accommodations for transient labor 18 Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones j I� 19 The following zoning is required to be in existence on the entire property to be rezoned at the time of application for a rezone to an MR-T zone SR-8. MR-D, MR-G, MR-M, MR-H, O, O-MU, NCC, CC, GC, DC, or DCE 20 All multifamily townhouse developments in the MR-T zone shall be condominiums and recorded pursuant to Chapter 64 32 RCW prior to approval of a e, e' ,pent r,rn t certificate of occupancy by the city I 21 Subject to 15 08 160(A) and(B) Accessory buildinu 22 One duplex per lot is permitted 9 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 Sec. 15.04.040 Manufacturing Land Uses. Zonine Districts Key P=Principally Permitted Uses j c S=Special Uses C-Conditional Uses - A=Accessory Uses c p �_ ❑ C J C n y H p U y c F F H ^ C c = E� m ry ❑ c _o L j 9 u c v a y ❑ m 3 c T ��.. q O U J E C 9 y ❑ ❑ u o. U E E E 8 Y p C7 d '� v 3 E - ❑v - E o o U _ A E x a '° n ca m a u E v FF o y m o T 'y y oo ro +a o0 2 2 3 m m 0 0 0 o u 4 6 ry d m G F F U _ v U ❑ W - tv o ¢ ^� 3 ti to rr, i71 �. �' f �' z U ❑ �` U U U o Manufacturing, processing, blending P P ➢ P P P Pf2) and packaging of fund and beverage (27)(27) (27)(27)(21)(27) (27) products (p Manufacturing, processing, blending P P P P P P P(2) and packaging of drugs, C(l) pharmaceuticals, toiletries and cosmetics Manufacturing, processing, blending P P P P P P P(2) and packaging of dairy products and C(l) byproducts Industrial Laundry and Dyeing P P P P P P(2) (including linen supply and diaper 1� services) C L1 Printing, publishing and allied P P P C P P P P P(2) industries (25) 1 Cot Chemicals and related pttokmis mlg C(4)C(4)C(4)Cf I) Contractor shops am 6 ooraae P P C P P L51 U CO) (5) Ll L'-I Custom arts and crafts products mlg P P P P P(2) C(1) Computers, office machines and P(3)P(3) P(2) equipment Mfg Manufacturing and assembly of P(3)P(3) P P P P P(2) Electrical equipment, Appliances, (l) lighting, radio, TV communications, equipment and components Fabricated metal products Mfg, P P P P P P P(2) Custom sheet metal Mfg,containers C(1) hand hula.heating equtpme04 sere. products, extrusion, coating, and plating iManufacturing and assembly of P(3)P(3) P P P P P(2) Electmmc and electrical devices,and M)(29)(29)(29) automotive, aerospace, missile, C airframe and similar products. 91� Hazardous substance land uses (7) (7) (9) (9)A(9) (9) A A A (9) (7) A A A A (8)C(E) (11)(IQ(Iq C(g)(]5)(Is)115)(18) C C C C C C C (12)(12)(121 (16)(16)(IO(19) Offices oedema) and mensary to A A A A 4 P P *(20) P the conduct of a principally permitted use 1. Warehousing and distribution P P P P facilities (26) (�L291 (29) C(1) 10 Zoning Districts Key P=Principally Permitted Uses — 5 =Special Uses M =Conditional Uses .. = _ v v ❑ u — =Accessory Uses — c_ c '� — v ❑ —„ C — — ❑ y c F F v >` m c F m ry C ❑ ❑ ❑ ❑ 9 a _ C F T - v m - _ ❑ n _ U _ C C T _ C iy y LJ _ - _ I m n p E _ C E ❑ _ J u C .- � _ N C ❑ N. L L n � O C O _ "_� � a _ C - - - q U ¢ T T C T _T _ E _ _T ❑ O y O �_ m y y .. _ O y n E E E c y � ❑ _ U L C si O J 7"FE 0o m C �n m r rn m _ ',Z o o ❑ ¢ tY C — O U W ¢ C C � C C C C U ❑ ❑ U U O O .: Had-Truck Transfer Uses C C C P P (17) (21)(21)(22) (14) Outdoor Storage (secluding truck P P A A A A C P heavy equipment and contractor A C storage cards as allowed by !� Development Standards Secrets 15 04 190&15 04 210) M,mwarehouses set Fsmrage C P P C P (23) Manufacturing of Soaps, detergents, C P and other basic cleaning and C(1) cleansing preparations Manulacturing of Plastics and C P A96i nthe tic resins C(U 11 anulactur ng of Synthetic and C P atural flier and cloth C(l) Manufacturing of Plywood C la composition wallboard, and similar CU) structural wood produces Mnnutacturmg of Nonmemlbc C P mineral products such as abrasives, C(I) asbestos chalk,pumae and putty Manufacturing of Heat resisting or C p structural clay products (brink, tile, C(1) or pipe)or porcelain products Manufacturing of Machinery and C P henry machine tool equipment for C(I) general industry and summit, agricultural, tonstrucrion or server industries ,Manufacturing, processing, P P P P P assembling,and packaging of s rbcles, (32)(32) C (2) products,or merchandise made from (L41(L41(J (1) previously prepared natural or (301(30)(30) synthetic materials Manufacturing, processing, uncaring, P P P P assembling and packaging of articles, (241 2L41 L41(30) products or merchandise from (31(30)f3D) C previously prepared ferrous, (1) nonferrous or alloyed metals Cumpleses whmh include a P P combmatmn of uses including a mixture of office, storage, and light manufacturing uses Accessory it, and buildings A A A A A A A A A A A A A A A A A A A A A A A A A A A A customarily appurtenant to a (31) (10) (10) (13)(13)(10) (10)(10) (6) permuted use AokiImncund Ion � � C 11 Sec. 15.04.050. Manufacturing Land Use Development Conditions. 1 The following uses require a conditional use permit a Manufacture of such types of basic materials as follows (1) Gum and wood chemicals and fertilizers, and basic industrial organic and inorganic chemicals or products such as alkalis and chlorine, industrial and liquid petroleum, gases, cellophane, coal tar products, dyes and dye products, impregnated products, tanning compounds, and glue and gelatin (2) Hydraulic cement, concrete, gypsum, lime, carbon, carbon black, i graplute, coke, glass and similar products b Manufacture of products such as the following (1) Ammunition, explosives, fireworks, matches, photographic film, missile propellants and similar combustibles (2) Rubber from natural, synthetic or reclaimed materials (3) Paving and roofing materials or other products from petroleum derivatives c Refining of materials such as petroleum and petroleum products, metals 1 and metal ores, sugar, and fats and oils d Distilling of materials such as bone, coal, coal tar, coke, wood and other similar distillates j e Heavy metal processes, such as ore reduction or smelting, including blast 1 furnaces, and including drop forging, drop hammering, boiler plate works and similar I heavy metal operations (1) Asphalt batchmg plants (2) Concrete nuxmg and batchmg plants, including ready-mix concrete facilities (3) Rock crushing plants and aggregate dryers (4) Sandblasting plants 12 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 f Animal and food processing, including the following and similar operations (1) Tanning, dressing and finishing of hides, skins and furs (2) Meat and seafood products, curing, canning, rendering and slaughtering (3) Nitrating of cotton and other materials (4) Rendering of animal grease or tallow, fish oil and similar materials, (5) Slaughtering, stockyard, feedlot, dairy and similar operations (6) Pickling and brine curing processes (7) Wholesale produce markets g Salvage, wrecking and disposal activities, including the following and similar operations (1) Automobile and building wrecking and salvage (2) Salvage of industrial waste materials such as metal, paper. glass, rags and similar materials (3) Sewage disposal and treatment plants (4) Dump and sump operations for such uses as rubbish, garbage, trash and other liquid and solid wastes It Storage of the following kinds of goods I (1) Bulk storage of oil, gas, petroleum, butane, propane, liquid petroleum gas and similar products, and bulk stations and plants (2) Used building materials, mover's equipment, relocated buildings, I impounded vehicles and similar materials I' (3) Explosives or fireworks, except where incidental to a principally permitted use (4) Fertilizer or manure ,I 13 Revisions to Title 12 and 15 - Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 2. Small scale, light industrial or manufacturing operations where the building, structure or total operation does not encompass more than ten thousand (10,000) square feet of area The ten thousand (10,000) square feet total shall include all indoor and outdoor storage areas associated with the manufacturing operation Only one(1)of these uses shall be allowed per lot 3 Small scale light manufacturing operations as follows stamping, brazing, testing, electronic assembly and kindred operations where the building, structure or total operation does not encompass more than ten thousand (10,000) square feet of area The ten- thousand-square-foot total shall include all indoor and outdoor storage areas associated with the manufacturing operation Only one (1) ten-thousand-square-foot manufacturing j operation shall be permitted per lot 4 Conditional use for manufacturing of paint, but manufacturing of paint is permitted outright in the M-3 zone 5 Contractor shops where most of the work is done on call, and which do not rely on walk-in trade,but where some incidental storage or semi-manufacturing,work is done on the premises, such as carpentry, heating, electrical or glass shops, printing,publishing, or lithographic shops, furniture, upholstery, dry cleaning and exterminators I 6 Accessory uses shall not include vehicular drive-through, drive-in and service bay facilities 7 For permitted uses, hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of chapter 11 02 and do not accumulate more than twenty thousand (20,000) pounds of hazardous substances or wastes or any combination thereof at any one(1) time on the site, I subject to the provisions of section 15 08 050, except offsite hazardous waste treatment or storage facilities, which are not permitted in this district 8 For permitted uses, accessory hazardous substance land uses which are not subject to cleanup permit requirements of chapter 1102 and which accumulate more than twenty thousand (20,000) pounds of hazardous substances or wastes or any combination thereof I 14 Revisions to Title 13 and 15 - Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 at any one (1) time on the site, subject to the provisions of section 15 08 050, except offsite hazardous waste treatment or storage facilities, which are not permitted in this distnct. 9 For permitted uses, hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of chapter 1102 and which do not accumulate more than five thousand (5,000) pounds of hazardous substances or wastes or any combination thereof at any one (1) time on the site, subject to the provisions of section 15 08 050, except offsite hazardous waste treatment or storage facilities, which are not permitted in this district 110 Includes incidental storage facilities and loading/unloading areas I 11 For permitted uses, hazardous substance land uses, including onsrte hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of chapter 11 02 and which do not accumulate more than ten thousand (10,000) pounds of hazardous substances or wastes or any combination thereof at any one (1) time on the site, subject to the provisions of section 15 08 050, except offsite hazardous waste i treatment or storage facilities, which are not permitted in this district 12 For permitted uses, accessory hazardous substance land uses which are not subject to cleanup requirements of chapter 11 02 and which accumulate more than ten thousand (10,000)pounds of hazardous substances or wastes or any combination thereof at any one (1) time on the site or which handle more than twenty thousand (20,000) pounds of hazardous substances and wastes on the site in any thirty-day period of time, subject to the provisions of section 15 08 050, except offsite hazardous waste treatment or storage facilities, which are not permitted in this district 13 Includes incidental storage facilities, which must be enclosed, and loading/unloading areas 1 14 Including transportation and transit terminals with repair and storage facilities, and rail-truck stations, except classification yards in the category of"hump yards" 15 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04. 15.08 and 15.09 15 For permitted uses, hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of chapter 11 02 and which do not accumulate more than twenty thousand (20,000) pounds of hazardous substances or wastes or any combination thereof at any one(1) time on the site, subject to the provisions of section 15 08 050 Offsite hazardous waste treatment or storage facilities are not permitted in this district, except through a special use combining district 16 For permitted uses, accessory hazardous substance land uses which are not subject to cleanup permit requirements of chapter 1102 and which accumulate more than twenty thousand(20,000) pounds of hazardous substances or wastes or any combination thereof at any one (1) time on the site, subject to the provisions of section 15 08 050 Offsite hazardous waste treatment or storage facilities are not permitted in this district, except I through a special use combining district 17 Conditional use permit required for trucking temunals and rail-truck transfer uses 18 For permitted uses, hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of chapter 11 02 and which do not accumulate more than twenty thousand (20.000) pounds of hazardous substances or wastes or any combination thereof at any one (1) time on the site, subject to the provisions of section 15 08 050, except offsite hazardous waste treatment or storage facilities, which require a conditional use permit in this district 19 For perrrutted uses, accessory hazardous substance land uses which are not subject to cleanup permit requirements of chapter 1102 and which accumulate more than twenty thousand (20,000) pounds of hazardous substances or wastes or any combination thereof i at any one (1) time on the site, subject to the provisions of section 15.08 050, except offsite hazardous waste treatment or storage facilities, which require a conditional use permit in this district. a Offsite hazardous waste treatment or storage facilities, subject to the provisions of section 15 08 050 16 Revisions to Title 12 and 15- Chapters 11.01, 15.01, 15.04, 15.08 and 15.09 b Any hazardous substance land use that is not an accessory use to a principally permitted use 20 Warehousing and distribution facilities and the storage of goods or products. except for those goods or products specifically described as permitted to be stored only as conditional uses in the M3 district 21 Conditional use for car loading and distribution facilities, and rail-truck transfer stations 22 Warehousing and distribution facilities and the storage of goods or products, including rail-truck transfer facilities 23 I Mim-warehouses, provided that the following development standards shall apply I for mini-warehouses, superseding those set out in subsection 15 04 100(E) a Frontage use The first one hundred fifty(150) feet of lot depth. measured from the property line or right-of-way inward from the street frontage, shall be reserved for principally permitted uses for this district, defined by the provisions of subsection 15 04 100(A)(1), or for the office or onsite manager's unit, signage, parking and access A maximum of twenty-five (25) percent of the frontage may be used for access to the storage unit area, provided that in no case shall the access area exceed seventy-five (75) feet in width No storage units or structures shall be permitted within this one hundred fifty(150) feet of commercial frontage depth b Lot sz:e Minimum lot size is one (1) acre, maximum lot size is four (4) acres c Site coverage Site coverage shall be in accordance with the underlying zoning district requirements d Setbacks Setbacks shall be as follows (1) Front yard Twenty(20) feet i (2) Side yard Ten (10) feet (3) Rear yard Ten (10) feet e Height lzmztatzon The height limitation is one (1) story 17 Revisions to Title 12 and 1 - Ckapters 12.01, 15.02, 15.04, 15.08 and 15.09 f Outdoor storage No outdoor storage is permitted g Signs The sign requirements of chapter 15 06 shall apply h Off-street parking (1) The off-street parking requirements of chapter 15 05 shall apply (2) Off-street parking may be located in required yards, except in areas required to be landscaped i Development plan review Development plan approval is required as provided in section 15 09 010 I Landscaping Landscaping requirements are as follows (1) Front yard Twenty(20) feet, type III (earth berms) (2) Side yard- Ten (10) feet, type II abutting commercial uses or i districts, type I abutting residential uses or districts. it (3) Rear yard- Ten (10) feet, type II abutting commercial uses or j districts, type I abutting residential uses or distracts I� For maintenance purposes, underground irrigation systems shall be provided for all landscaped areas k Onsite manager A resident manager shall be required on the site and shall be responsible for maintaining the operation of the facility in conformance with the conditions of the approval The planning department shall establish requirements for parking and loading areas sufficient to accommodate the needs of the resident manager and the customers of the facility I Drive aisles Drive aisle width and parking requirements areas follows (1) Fifteen-foot drive aisle and ten-foot parking aisle (2) Parking for manager's quarters and visitor parking in Building lengths. The horizontal dimension of any structure facing the perimeter of the site shall be offset at intervals not to exceed one hundred (100) feet The 11 offset shall be no less than twenty(20) feet in the horizontal dimension, with a minimum I depth of five (5) feet is Revisions to Title 12 and 15 - Chapters 12.01, 15,02, 15.04, 1� 15.08 and 15.09 n Building materials If abutting a residential use or zone,residential design elements such as brick veneer,wood siding,pitched roofs with shingles, landscapmg and fencing shall be used. No uncomplimentary building colors should be used when abutting a residential use or zone o Prohibited uses Use is restricted to dead storage only The following are specifically prohibited (1) Auctions (other than tenant lien sales), commercial, wholesale or retail sales, or garage sales �I (2) The servicing, repair or fabrication of motor vehicles, boats. i trailers, lawn mowers, appliances or other similar equipment (3) The operation of power tools, spray painting equipment, table saws, lathes, compressors, welding equipment, kilns or other similar equipment (4) The establishment of a transfer and storage business (5) Any use that is noxious or offensive because of odor, dust, noise, j fumes or vibration (6) Storage of hazardous or toxic materials and chemicals or explosive substances i p Fencing No razor wire is allowed on top of fences 24 Prohibited are those manufacturing activities having potentially deleterious operational characteristics, such as initial processing of raw materials (forging, smeltenng, i refining, and forming) '25 The ground level or street level portion of all buildings in the pedestrian overlay iof the DC district (as shown in Section 15 04 080) must be retail or pedestrian-onented Pedestrian-onented development shall have the main ground floor entry located adjacent to a public street and be physically and visually accessible by pedestrians from the sidewalk, and may include the following uses a Retail establishments, including but not limited to, convenience goods, department and variety stores, specialty shops such as apparel and accessories, gift shops, 19 Revisions to Title 12 and 15 - Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 toy shops, cards and paper goods, home and home accessory shops, florists, antique shops and book shops, b Personal services, including but not limited to, barber shops, beauty salons and dry cleaning, c Repair services, including but not limited to, television, radio, computer, jewelry and shoe repair, d Food-related shops, including but not Iimited to, restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns, e Copy establishments, f Professional services, including but not limited to, law offices and consulting services, and g Any other use that is determined by the planning direetei manaeer to be of the same general character as the above permitted uses and in accordance with the stated purpose of the district, pursuant to section 15 09 065, Use Interpretations i 26 Permitted uses are limited to storage, warehousing, processing and conversion of agricultural, dairy, and horticultural products, but not including slaughtering or meat packing. I 27 Excluding slaughtering, rendering, curing, or cannmg of meat or seafood products 28 Except for those goods or products specifically described as permitted to be stored as conditional uses 29 Excluding explosive fuels and propellants 30 Excluding predominantly drop forge and drop hammer operations. j 31 Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones 32 Excluding paint boiling processes 33 Limited to twenty-five percent (25%) of Bross floor area Reference 15 04 080(5) II 20 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 34 Retail or services uses which exceed the 25% limit on an individual or cumulative basis shall be subject to review individually throueh the conditional use permit process A conditional use permit shall be required on an individual tenant or business basis and shall be --ranted only when it is demonstrated that the operating charactenstics of the use will not adversely impact on-site or off-site conditions or either an individual or cumulative basis III i i �I I I I 21 Revisions to Title 12 and 15 - Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 Sec 15.04.060. Transportation,Public and Utilities Land Uses. Zonme Districts Key P=PnncipallS,Permitted Uses S=Special Usesiz y C=Conditions]Uses _ s v q C ❑ u A=Accessory Uses - 0 0 _ ; E u C y m N C q c F F c V = ...: E C v_ C Q n o m Y Y C y m c c -� a c m w ° c n ,� c — en 2 '� c E ` E m n `° 7F n V O u t v C o: K T C lY W T T - u n ,s ti e = A ¢ u o 'E oo ea c oo m 3 en ao i= o c E m .n y vi rn AC ry G .Sec Z o o' U U v = U U q y ry U Q Q m N y E E cS Z it O C U U U O 5 M — - v Commercial parking lots or structures C C Transportation and transit facilities C C C C C C C C C C C C C C C C C C C C C C C C C C P C 40 Aadwav and but depots,San stands C C C C Utility and transportation tacshties C C C C C C C C C C C C C C C C C C C C C C C C C C C C Electrical substations,pumping or regulating devices for the transmission of water,gas,steam,petroleum,ere Public facilities Fictionist" icti o ist"police C C C C C C C C C C C C C C C C C P C C C C C C C C C C stations,"'ranee and admmutre[rve primav governmental agencies, pnmary and secomlars sc"solo, vocanmvd schools and colleges Accessory uses and buildings A A A A A A A A A A A A A A A A A A A A A A A A A A A cmtamanly appurtenant to a b7 permitted use Wireless Telecosnmumeatinn Facill P P P P P P P P P P P P P P P P i"%TF"l by Administrative annrnval R] 11 LEA LQ J2) W JD U fl L2) ll (L LU I Ill U1 lt1 L1 11 al a) L1 Ll L31 Ll L1 L1 L1 W Ll 11 L�1 11 Wireless Telecnmmumeanon Fanhty C C C C C C C C C C C C C C C C C C C C C C C C C C i'WTF"1 by Conditional Ilse Permit (� LSj f8� Cg] 11 & I]Q L8] it CII 183 LS) C9s CQ im M J1 ill W 11 14 U j4j u U4 u Ll 11 11 W Lill L1 JD JM JQ U 11 ll Q L31 P] 22 Sec. 15.04.065. Transportation, Public and Utilities Land Use Development Conditions. 1 For WTF towers mriety(90) feet or less for a single user and up to 120 feet for two (2) or more users 2 For WTF towers that are within the allowable building height for the district in which they are located 3 All WTFs are subiect to applicable portions of KCC 15 08 035 4 A conditional use permit for a WTF is required if it is greater than mnetv(90) feet for a single user or 120 feet for two (2) or more users 5 A conditional use permit is required if the WTF exceeds the allowable building height of district 6 i Transportation and transit terminal, including repair and storage facilities and rail-truck stations, except classification yards in the category of"hump yards" 27 Accessory uses shall not include vehicular drive-through, drive-in, or service bay facilities 8 If on property owned, leased, or otherwise controlled by the city or other government entity subject to KCC 15 08 035(I) I I� I 23 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 See.15.04 070. Wholesale and Retail Land Uses. Zomng Districts Key P=Principally Permitted Uses S=Special Uses — — to C—Conditional Uses u ❑ c n 'u A=Accessory Uses o 'o ch y ❑ a m u - - c'• m u d = E e � ❑' O v u 3 y � q c c c c v _ o E u = ,g O E o 3 u F v " — y y E s y U E E E c w u j ❑ ❑ to yo p O _ E c U U o E E E E E � � �_ = c o U OFF � o •- � �0 iZ A Is c, ad m n '�. 3 m E = a a o m w 6'p C h vi r, rn to r t e Z o o G U U 6 Q N m v e oo ❑ F F N i U U p (u� rry C: — 5 U =. C .+ 6 6 ryn vai vai vii ran y F �.' F F E Z U 0 ❑ Chi U O E �' �' �' U Hak¢nes..it Cnptectionanes P Y P P {2) Wholesale bakery P P Hulk retail P P P P P U) 0) Recycling centers C P Retail sales of lumber,tools antl other P P P bmldmg matenals,including preassemble)products Hardware,pant its and wallpaper P P P P P P P (rend) (f1) (21 Farm egmpment I P P General ourchandlse Dn goaOs.sariety P P P P P P and department stores 1retaiil (11) { Food and convemence stores(retail) P P P P P P 5 P S (11) (12) (a) (12) (2) Automobile,aircraft,mormescle,boat P P P And recreational vehicles sales tretaR Wmmnnve,alrcralq rossum scle veil 1' P P P P P P P marine accessories(retail) 03) (131 (5) (2) H37 Gasalme sersme stations S S S S S S S S C (6) (6) (6) (6) (6) (6) (6) (6) Apparel and acoessories(setail) P P(iI P P P A P (8) (2) Foram",home lurmshmg(retail) P P P P P P P (11) (2) Eating and drimang eslabluhtnann(no P P P P P P P 4 P P P P dnve-through) (I1) (15) (5) f2) Eahng and drinWng esnbialmenu(.Ah S C P S P P drne-through) (6) (7) (6) (301 (2.3) (20) L1 LM f10) Eating facilities for emplmees A A A A Planned Development Rend Sales C (1a) —t, I Drive then/Drive uo husmesses P P P p P P (cannot of/rend—other than (� (20 Ll Lo] 1?9 (� eannp�drmlung esnbllshments) Menellaneous retail Drugs,anhyues, P Y P P P P A A P books,sporting goods,jewelry.donsL (11) (15) (8) (2) photo supplies video rental,computer supphes,elc. L,Ruor stare P P P P P P P P (lit (21 Farm supplies has,gram feed fenang, P P P Nurseries,green houses,garden supplies, P P P tots,etc. Pet shom(retail and gromsung) p P 17 R) 24 Zonine Districts Kev =Principally Permitted Uses u ectal Uses � � C ylCondlhonal Uses o y y p � ❑_ „ g A=Accessory Uses - _ p y F F y o 5 v U E H yam, y w E c c n E N V ^_ — 5 ci C C _ C 5 _ G c E E o -' [-. [� _ v x = ❑ 2 C' a c c 3 0 r E _ 3 73ic — op iZ N 7 so wl 5n m ti �i z Z U C L computers and electronics(retail) P P P P P 2) Hotels and motels P P P P P P (Ip Complexes winch include combmunons of P P uses,including a mixture or otlice,tight manufacturing,storage and commercial uses Outdoor Storage(including truck,heavv P P \ A A A \ P equipment and contractor storage yards !� j� 1(_9] (� L1 LLD as allowed by Developtcent Standards Sections 15 03 190&15 04 210) Accessory uses and hmldings customarils A A A A A A A A A 1 A A -\ A A A A A A A appurtenant to a permitted use (9) (161 Q6) (M (1'1) Q6) (16) (16) (IS) 25 Sec. 15.04.080. Wholesale and Retail Land Use Development Conditions. 1 Bulk retail uses which provide goods for regional retail and wholesale markets, provided that each use occupy no less than forty-three thousand five hundred sixty 1 (43,560) square feet of gross floor area 2 All sales, storage and display occur within enclosed buildings, 3 Provided that any restaurant with drive-in or dnve-through facilities shall be located a minimum of one thousand (1,000) feet from any other drive-in restaurant use 4 Convenience and deli marts are limited to a maximum gross floor area of three j thousand (3,000) square feet 5 Uses shall be limited to twenty-five (25) percent of the gross floor area of any single- or multi-building development Retail and service uses which exceed the twenty- five (25) percent Iimit on an individual or cumulative basis shall be subject to review ' individually through the conditional use permit process A conditional use permit shall i be required on an individual tenant or business basis and shall be granted only when it is demonstrated that the operating characteristics of the use will not adversely impact onsite or offsite conditions on either an individual or cumulative basis � 6 Special uses must conform to the development standards listed in Section 15 08 020 I 7 Drive-through restaurants, only if located in a building having at least two (2) stones i 8 Accessory uses are only allowed in cases where development plans demonstrate a relationship between these uses and the principal uses of the property 9 Other accessory uses and buildings customarily appurtenant to a permitted use, I except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones 10, Retail uses operated in conjunction with and incidental to permitted uses,provided isuch uses are housed as a part of the building comprising the basic operations i 26 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 11 The ground level or street level portion of all buildings in the pedestrian overlay of the DC district, set forth in the map below, must be retail or pedestrian-onented Pedestnan-onented development shall have the main ground floor entry located adjacent to a public street and be physically and visually accessible by pedestrians from the sidewalk, and may include the following uses a Retail establishments, including but not limited to, convenience goods, department and variety stores, specialty shops such as apparel and accessories, gift shops, toy shops, cards and paper goods, home and home accessory shops, florists, antique shops and book shops, b Personal services, including but not limited to, barber shops, beauty salons and dry cleaning, c Repair services, including but not limited to, television, radio, computer, i jewelry and shoe repair, d Food-related shops, including but not limited to, restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns, e Copy establishments, f Professional services, including but not limited to, law offices and consulting services, and g Any other use that is determined by the planning dfi-,- i—.manager to be of the same general character as the above permitted uses and in accordance with the stated purpose of the district, pursuant to Section 15 09 065, Use Interpretations 12 Retail convenience grocery sales are allowed in conjunction with a gasoline service station as a special permit use subject to the development standards listed in Section 15 08 020 13 Retail sales are limited to tires, batteries and accessories for industrial vehicle and equipment 27 Revisions to Title 12 and 15 - Chapters 1101, 15.02. 15 04, j 15.08 and 15.09 14 Retail sales are permitted as part of a planned development where at least fifty(50) percent of the total development is for office use Drive-in restaurants, service stations, drive-in cleaning establishments and other similar retail establishments are not permitted 15 Incidental sales and services, such as restaurants, pharmacies and retail sales, to serve occupants and patrons of permitted uses when conducted within the same building, provided there is no exterior display or advertising 16 Includes incidental storage facilities and loading/unloading areas 17 Includes incidental storage facilities, which must be enclosed, and loading/unloadmg areas 18 Accessory uses shall not include vehicular drive-through, drive-in and service bay i facilities 19 Reference 15 07 040(C) outdoor storage landscaping 20 Whenever feasible. dnve-up/dnve through facilities shall be accessed from the rear of a site and run along an interior lot line or building elevation Landscaping, sufficient i to soften the visual impact of vehicle stacking areas. may be required I I� it 28 Revisions to Title 12 and 15- j Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 Sec. 15.04 090. Service Land Uses Z.sung Districts Kev =Principally Permitted Uses u u Special Uses C — =Conditional Uses a, p = — A=Accessory Uses 2 _ _ zpp, z c �, E ❑ H _ y 2 2 2 n 3 3 .o C c p' E y ❑ n V _ n m n75 G — O ❑ a n — E T ❑ 9 y V 'O 9 T N U C ^ Y 2 U U •r fJ ^ n .n V C rL a- �, >. � j � a U E E E ❑ C7 Q T 2, C ] T ❑ y E O O O U E Y = o n o U o E c yr v ur — ' ❑ _u c ES o E U �_ 5 = —oo pcp E 'c _ ❑ — n d ry r v m C F- ❑' m •— rs U E - _ J — C U C z C C •% c: ^% cC c' a a U U U V F V C Q — ^' ^ 3 Q Q VI V] Vl V] N U) � � � � � � S. .Z J ❑ ❑ V V J C L � L L G J Finance,insurance,real estate P P P P P P P P P P sen¢es (1J 2) (3) p21 Personal services Laundrl,dry P P P P P P C P P( P P cleaning,barber salons,shoe repair (12) (10) 10) (2) (3) launderettes (10) Mortuaries P P P C P (12) (3) Home day care P P P P P P P P P P P P P P P P P P P P P P P P P P P P P Da Care center C C C C C C C C I P P P P P P P P P P P P I P P P P P P P P p Business services duplicating and P P P P P P P P P blue printing,travel agencies and (12) (2) (3) pl.vment.eencses Wilding maintenance and pest control P P P P P I P Outdoor Storage(including truck p P A A A A A P heavy equipment and comraetor C storage cards as allowed by 1J Deselopment Standards Sections 1504190&1504 210) Rental and leasing sees sees for cars, P P P P 1. 1' trucks,traders,furniture and tools (2) Auto repair and washing services C P P P P C (including bodv work) (5) Repair sersces Watch,TV, P P P P P p P P P elecirscal,electronic,upholsters (12) (2) (3) Pr.fessionalsersners Medical clinics P P P P P P P P P P and other health care related services (21 (2) (3) Heavv Equipment and Truck Repair P P P C P (9 Contract Constructs..Service P P P P P P P P P Offices Building construction (16) (16) (17) (17) (2) (3) plumbing,paving and landscaping (17) Educational Services sacatiarol 1. p P P P P P P trade art music,dancing,barber (2) (3) and beauty Churches S S S S S S S S S S S S S S S S S S S S (4) (4) (4) (4) (4) I41 (0) (4) (4) (4) (4) (4) (4) (4) (4) (4) IJ) (4) (S 4) (4) Admsmstr.4ve and profesti...I P P P C P P P P P P P offices—general (12) (2) (3) \lumcipal uses and buildings P P P P p P P P P P P P P (13) (13) (13) (13) (13) (13) (13) (13) (13) (2) (13) (13) (131 Research,development and testing P P Is p p P P 2) (14) 29 Key Z. Districts U P=Prmcmalh Permitted Uses 9 S=Special Uses C=Conditional Uses = u u y C ° C m H A=Accessory Uses H c' °o i° '� �^ u E v u E C •�. a c U .J u '^ C C n C n n = C O, L m C p — a $ o u° g - = E c C > _ U I E E EmZ o o CtY tY C tY 1' o: U C. UU U UCQrvQ h vai tit vai tit �' ZI C C U U C: 1 2 'E � Planned Development Retail Sales C 6) Accessory uses and buildings A A A(7) A I A A A A A A A A A A A A A A A A A A A A A A A customarily appurtenant to a (18) (18) (19)(19) (18)(18) (18) (15) permitted use Boarding kennels and breeding C C C establishment Vetermary china and veterinary C P P P P C P hospitals (8) (9� (9g� (8) (11) Administrative or executive oMcn P P P P P which are part of a predominant industrial operation Offices mculental and necessary to the A A A A A conduct of a prinerpolly permitted use 30 Sec. 15.04.100. Service Land Use Development Conditions. 1 Banks and financial institutions (excluding drive-through) 2 Uses shall be limited to twenty-five (25) percent of the gross floor area of any single- or multi-building development Retail and service uses which exceed the twenty- five (25) percent limit on an individual or cumulative basis shall be subject to review individually through the conditional use permit process A conditional use permit shall be required on an individual tenant or business basis and shall be granted only when it is demonstrated that the operating characteristics of the use will not adversely impact onsrte or offsite conditions on either an individual or cumulative basis 3 All sales, storage and display occur within enclosed buildings l 4 Special uses must conform to the development standards listed in section 15 08 020 I 5 Excluding auto body repair 6 Retail sales are permitted as part of a planned development where at least fifty(50) i percent of the total development is for office use Drive-in restaurants, service stations, drive-in cleaning establishments and other similar retail establishments are not permitted 7 Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsrte hazardous waste treatment and storage facilities, which are not permitted in residential zones 8 Veterinary clinics and animal hospitals when located no closer than one hundred fifty(150) feet to any residential use, providing the animals are housed indoors, with no outside runs, and the building is soundproofed Soundproofing must be designed by competent acoustical engineers I D J lil 31 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, • 15.08 and 15.09 9 Those uses that are principally permitted in the M-3 zone may be permitted in the M-2 zone via a conditional use permit 10 Personal services uses limited to linen supply and industrial laundry services, draper services, rug cleaning and repair services, photograptuc services, beauty and barber services and fur repair and storage services 11 Veterinary clinics and animal hospital services when located no less than one hundred fifty(150) feet from any residential use,provided the animals are housed indoors and the building is soundproofed 12 The ground level or street level portion of all buildings in the pedestrian overlay of the DC district, set forth in the map below, must be pedestrian-onented Pedestrian- 1, oriented development shall have the main ground floor entry located adjacent to a public street and be physically and visually accessible by pedestrians from the sidewalk. and may include the following uses a Retail establishments, including but not limited to, convenience goods, department and variety stores, specialty shops such as apparel and accessories,gift shops, i toy shops, cards and paper goods, home and home accessory shops, florists, antique shops and book shops, b Personal services, including but not limited to,barber shops, beauty salons ' and dry cleaning, I c Repair services, including but not limited to, television, radio, computer, jewelry and shoe repair, I d Food-related shops, including but not limited to, restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns, e Copy establishments, f Professional services, including but not limited to, law offices and I consulting services, and 32 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15,04, 15.08 and 15.09 g Any other use that is determined by the planning dff-ee manager to be of the same general character as the above permitted uses and in accordance with the stated purpose of the district, pursuant to section 15 09 065, Use Interpretations 13 Except for such uses and buildings subject to Section 15 04 150 14 Conducted in conjunction with a principally permitted use 15 Accessory uses shall not include vehicular drive-through, drive-in or service bay uses 16 Contract construction services office use does not include contractor storage yards, which is a separate use listed in Section 15 04 040 17 Outside storage or operations yards are permitted only as accessory uses Such uses are incidental and subordinate to the principal use of the property or structure 18 Includes incidental storage facilities and loading/unloading areas 19 Includes incidental storage facilities. which must be enclosed, and I loading/unloading areas 20 Shall only apply to medical and dental offices and/or nei-,hborhood clinics i I I 'I I 33 Revisions to Title 12 and 15 - Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 Sec. 15.04.110. Cultural,Entertainment and Recreation Land Uses. Zomna Distracts e Ps P Principally Permitted Uses = _ S=Special Uses - p C a Conditional Uses = u - ❑ - A-Accessory Uses 'oy o �' ❑ 5,J" ❑ i " v a °� a 10' = n Ems' E o n ' y U ❑ U ❑ U Q T C CT 7 - C T ❑ C C ' O CJ C [�J . LI .2 T V V U E U < n ^J 9 3 3 o u 9 C c ❑' u c ? o u u U y _ a _ >. Fro u a o ois ❑ ry e J G c U J Q N T ,O ❑ N r" O L C. U ❑ N U S C (lJ U U Z J:� C av L 0 O Performing and cultural arts uses, P(3) P P P P P P(1) such as art galleries and studios Historic and monument sites P P Pubbcanemb)ypitdoor) sports P P P P P(2)P(2)P(2) P(1) facilities,arenas,auditoriums and exhibition halls,bowling alleys, C(s) dart plaving facilities,skating rink,,continued)clubs,athletic clubs,retread..centers,theaters (excluding school facilities) Public assembly(outdoor) P P Fairgrounds and amusement parks,tennis courts,athletic fields,mimaNre golf,go-cart tracks drive-in theaters,etc Open space use Cemeteries, C C C C C C C C C C C C C C C C P(6) P(6) C P("P") C C C C C C C parks,plavgrounds golf courses C C C C and other recreab.n Facdvhes, including buildings or structures associated therewith Emplovee reereatinn Areas A A A A Private clubs,fraternal lodges,etc C C C C C C C C C C C C C C C C C C C C P(5) C C C C C C P(5) C C Recreational vehicle park, C P Auessory uses and buildings A A A A A 4 A A A A rt customarily appuenant to a permitted me Recreational building,inMHP A 34 Sec. 15.04.120. Cultural, Entertainment and Recreation Land Use Development Conditions. 1 All sales, storage and display occur within enclosed buildings 2 Principally permitted uses are limited to indoor paintball, health and fitness clubs and facilities, gymnastic schools and other similar uses deemed compatible with the general character and stated purpose of the district 3 The ground level or street level portion of all buildings in the pedestrian overlay of the DC district (as shown in Section 15 04 080) must be retail or pedestnan-oriented Pedestrian-oriented development shall have the main ground floor entry located adjacent i; to a public street and be physically and visually accessible by pedestrians from the sidewalk, and may include the following uses a Retail establishments, including but not limited to, convenience goods, department and variety stores, specialty shops such as apparel and accessories, sift shops, toy shops, cards and paper goods, home and home accessory shops, florists, antique shops and book shops, b Personal services, including but not limited to, barber shops, beauty salons and dry cleaning, c Repair services, including but not limited to, television, radio, computer, jewelry and shoe repair, d Food-ielated shops, including but not limited to, restaurants (including outdoor seating areas and excluding drive-in restaurants) and tavems. e Copy establishments, f Professional services, including but not limited to, law offices and I I consulting services, and g Any other use that is determined by the planning dff�e rManaser to be of the same general character as the above permitted uses and in accordance with the stated purpose of the district, pursuant to section 15 09 065. Use Interpretations I 35 Revisions to Title 12 and 15 - Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 4 Accessory uses shall include vehicular drive-through, drive-in or service bay facilities 5 Business, civic, social and fraternal associations and service offices are principally permitted uses 6 Principally permitted uses are limited to parks and playgrounds j 7. Principally permitted uses are limited to golf driving ranges 8 Public assembly facilities such as amphitheaters, arena, auditoriums and exhibition i halls allowed as a conditional use I II I i i I I 36 Revisions to Title 12 and 15 - Chapters 1201, 15.02, 15.04, 15.08 and 15.09 Sec 15 04.130. Resource Land Uses. ift Zoning Districts =Principally Permitted Uses _ S=Special Uses n C=Conditional Uses A=Accessory Uses - ^+ z o - _ n C C an G E� N tV - T a v s C >, d Uon QeJ _T _T T T _ E c o Up j c = Q _ U m =o eo c z > u co a ui o c 7 7 G Q Vi Vl ./ V] V] L L L G Z U <] V U v L G L Agmculsural uses such as Wartime and P P P P harsestme nt crops,animal hushamdrs (including wholesale nurseries and greenhouses) Crop and tree farming P P P P P P P P P P P P P P P P P P P P Storage.nsaualaaturmgj processing P P P and conversion of agricultural products(not including slaughtering or meat fouOung) sor}uses and buildings A i A(1) A A A A AA A A A A A A A A A A A A A A a A \ A A manly appurtenant to a milted use Roadside stands A(3J A(2J Af3) A(3) J7 Sec. 15.04.140. Resource land use development conditions. I Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities,which are not permitted in residential zones 2 Roadside stand not exceeding four hundred (400) square feet in floor area exclusively for agricultural products gown on the premises 3 Roadside stands not exceeding four-hundred (400) square feet in floor area, and not over twenty(20) lineal feet on any side,primarily for sale of agricultural products on the premise I Sec. 15.04.150. Special use combining district, SU. It is the purpose of the SU district to provide for special controls for certain uses which do not clearly fit into other i districts, which may be due to technological and social changes, or which are of such unique character as to warrant special attention in the interest of the city's optimum i development and the preservation and enhancement of its environmental quality A special use combining district is imposed on an existing zoning district, permitting the special use as well as uses permitted by the underlying zone The combining district becomes void if substantial construction has not begun within a one-year period, and the district reverts to its original zoning designation It is the intent of the special use combining regulations to provide the city with adequate procedures for controlling and reviewing such uses and to discourage application for speculative rezoning A Uses subject to special use combining district regulations The following list is illustrative of the types of uses subject to special use combining district regulations I and is not intended to be exclusive 1 Uses which occupy or would occupy large areas of land 2. Uses which would involve the construction of buildings or other structures Of unusual height or mass 3 Uses which house, employ or serve large numbers of people I 38 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, ID 15.08 and 15.09 4 Uses which generate heavy traffic 5 Uses which have unusual impact on environmental quality of the area 6 Any use which does not lend itself to an interpretation of substantial similarity to other uses identified or described in this title 7 Uses which, in the judgment of the planning-4tfeew+,manager, warrant review by the land use & planning board and the city council 8 Examples of uses subject to review as described in this subsection would include but are not limited to the following a Commercial uses sports stadiums, rodeos, fairgrounds, exhibition or convention halls, merchandise marts and drive-in theaters j b Special environmental problems posed by refineries, nuclear power generating plants, airports, heliports, sanitary landfills, extractive industries, solid waste incinerators or energy/resource recovery facilities c Hazardous wastes offsite hazardous waste treatment or storage facilities in MI and M2 districts only, subject to the provisions of section 15 08 050 B Application procedures, The application procedure for a special use combining district shall be the same as for an amendment to this title as provided in section 15 09 050, except that development plan approval is concurrent with the combining district C Documentation required Required documentation is as follows 1 A vicinity map drawn to a scale not smaller than one thousand (1.000) feet to the inch showing the site in relation to its surrounding area, including streets, roads, I streams or other bodies of water, the development characteristics and zoning pattern of I the area, and a scale and north arrow The vicinity map may be in sketch form but shall be drawn with sufficient accuracy to reasonably orient the reader to the vicinity, and to adequately convey the required information 39 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 2 A map or drawing of the site drawn to a scale acceptable to the planning degar{rtxtservices, generally one hundred (100) feet to the inch The map or drawing shall show the following information a. ' Dimensions and names of streets bounding or touching the site b Such existing or proposed features as streams or other bodies of water, rights-of-way, easements and other physical or legal features which may affect or be affected by the proposed development c Existing and proposed topography at contour intervals of not more than five (5) feet in areas having slopes exceeding three (3) percent, and not more than two (2) feet in areas having slopes of less than three (3)percent d Accurate legal description of the property. e Existing and proposed structures or buildings, including the f identification of types and proposed use of the structures All uses must be compatible with the major use f. Off-street parking and loading facilities g Dimensions of the site, distances from property lines and space between structures I h Tentative routing of domestic water lines, storm drains, sanitary sewers and other utilities. including an identification of planned disposal or runoff i Elevations, perspective renderings or such other graphic material or evidence to illustrate effect on the view enjoyed by and from other properties in the vicinity, if required by the planning department ji Architectural renderings of buildings k A written statement providing the following information (1) Program for development, including staging or timing (2) Proposed ownership pattern upon completion of development (3) Basic content of restrictive covenants, if any 40 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 . (4) Provisions to ensure permanence and maintenance of open space through means acceptable to the city (5) Statement or tabulation of number of persons to be employed, served or housed in the proposed development (6) Statement describing the relationship of the proposed development to the city comprehensive plan (7) Statement indicating availability of existing or proposed sanitary sewers 3 Such other data or information as the planning department may require D Development standards In reviewing and approving proposed developments falling under the purview of this section, the hearing examiner and city council shall make the following findings I 1 That the location for the proposed use is reasonable 2 That existing or proposed trafficways are adequate to serve new development 3 That setback, height and bulk of buildings are acceptable for the proposed use and for the vicinity in which it is located 4 That landscaping and other site improvements are comparable to the highest standards set forth for other developments as set out in this title 5 That the performance standards pertaining to air and water pollution, noise I levels, etc , are comparable to the highest standards specified for other uses as set out in this title 6 That the proposed development is in the public interest and serves a need of community-wide or regional importance In reviewing and approving special uses, the hearing examiner and the city council may impose such conditions as they deem necessary in the interest of the welfare of the ctty and the protection of the environment I' 41 Revisions to Title 12 and 15 - 2 .Chapters l .01, I S O2, h 04, P 15.08 and 15.09 E Period of validity Any special use combining district shall remain effective only for one (1) year unless the use is begun within that time or construction has commenced If not in use or construction has not commenced within one (1) year of the granting of the special use combining district, the combining district shall become invalid, and the original zoning designation of the land shall apply F Minor and major adjustments 1 If minor adjustments are made following the adoption of the final development plan and approval of the combining district, such adjustments shall be approved by the planning 4K-ee manager prior to the issuance of a building permit Minor adjustments are those which may affect the precise dimensions or siting of buildings approved in the final plan, or the density of the development or open space Provided 2 Major adjustments are those which, as determined by the planning Off-eeteemanager, substantially change the basic design, density, open space uses or other similar requirements or provisions Authorization for major adjustments shall be made by the city council 3 The provisions of this subsection pertaining to minor and major adjustments shall apply to various parts of a staged development l See. 15.04.160. Development Standards. De ,',.... ieu sidiidritds aie , ., ,.4 V ut re i" f hetieal r•"note Palle.. • the :4af( The development standards tables in KCC 15 04 170 and 15 04 190 determine the specific development standards for a zoning district The development standards are located on the horizontal rows and the zoning 42 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 districts are located on the vertical columns of these tables The mimmum dimensional requirements are located in the box at the intersection of the column and the row The parenthetical numbers in the boxes identify specific requirements applicable either to a special use or the entire zone The parenthetical numbers correspond to numbers in the subsection immediately following each table I i I I 43 Revisions to Title 12 and 15 - Chapters 12.01. 15.02, 15.04, I, I5.08 and I�.09 Sec. 15.04.170. Agricultural and Residential Zone Development Standards. Zoning Districts m 1O d as m c — c 73 m na y a > K c m c ycy .o ' c m '' 75 N N na N ry C K IX 7+ d' a' R 41 A ce 0l Q T E T T to N _ N LL 0 C t N A C 1Y na4L Il ` C E v x o a y rn m m v na O p n m N 0 c C (/1 c 7 ry n \O v a cQ m (L ill y ,� N to � Z � ¢ N n q sq m ¢ w rn to rn w ul o o E SF Duplex SF Duplex MF SF Duplex 01F 51, Duplex MF I SF Duplex MF I SF Duplex HF Maximum I I S18 363 453 605 S71 871 1089 120 120 160 160 Ifi0 16 23U 23 JIIO 40 density dwelling du/ac dulac dus/ac dus/ac daslac duxlac duslac usla doslac halo usia m/a usra halo own das/ac as" uala ova uma per acre c c c c I o I c c Mmimum lot 34700 lac 34,70016,000 9,600 7,600 5,700 4,000 4000 8,000 none 8,000 ,500/ none 8,000 8,500, none 8,060 8,5001 none 8000 8,5001 none 8,000 B,SWI area square feet sq it sq R sq it sq it sq it sq it sq It sq It sq R sq it 3500 sq it 3500 sq ft 2,500 sq ft 1 6H sq it 900 or acres,as sq ft sq It sq It sq If sq it noted (27) (1) (2) (3) Minimum lot 60 it 60 it 50 it 50 it 50 It 50 it 40 it 25 R SO it 25 1t 80 it 80 It 25 ft 80 it 80 R 25 R 80 ft 80 it 25 R 80 R 80 ft 25 it SU(t 80 it width feet(4) Maximum site 30% 50% 30% 30% 45% 45% 50% 55% 55% 40% 55% 40% 45% 55% 40% 45% 55% 4U% 45% 51% 40% 15% 55% 40% 50% coverage (5) (5) (5) (5) (5) (5) is) (5] (5) (5) (5) (5) (5) (5) (5) (5) pl (5) (5) percent of site Minimum vard (221 requirements feet Front_vard 20 It 3611 70it 10 it [Oft 10 it 10ft I011 [Oft 10 it lOit 10 it 20 it 1011 [OR 20 it ]Oft IOft 20 ft 10 it 10ft 20 ft 10 it IOR 20 ft (6) (7) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (b) (6) (6) (6) (6) (6) (S) (8) (8) (8) (8) (8) (8) (8) (a) (8) (8) (8) (8) (8) (8) (8) 181 (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) Side vard 15 ft (10) 15 it 5it Sit 5it Sit 5R 5It 5ft 5ft 5h (11) Sit 5ft (11) 5ft Sit (11) 5R Sit (1l) 5ft 5f1 (11) (30) (30) (30) (30) (31q (30) Side vard on 20 ft 20 it 10R ]OR IUft 10 it 10 it ]Oft 10 it 10 It 10 it 15O 10ft 10 it 15 ft 10 it 10 it IS it 10 It 10 it 15 fl 10 It 10 it 15 ft flanking street of (9) (9) (9) (9) (9) (9) (91 (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) A corner lot Rear yard 20 ft 15 ft 5 It 5 it 5 ft 5 ft 5 it 5 ft 8 ft 5 it 8 it 20 it 5 It 8 ft 20 it 5 ft 8 it 20 ft 5 ft 8 fi 20 It 5 it 8 it 20 it Additional (12) f13) (12) LI) 12L2) (14) 31 1LI) (14) 13D LJ (14) (14) (14) setbacW (15) CLI) U (15) (15) (is) (15) distances AD MI L1 between buddiggs Height 25 2stryl 25 25 25 25 25 25 25 25 25 2stn/ 3 25 2sirl/ 3 25 25 3 25 25 3 25 25 4 Itmifanon in sun/ 35 it atrv/ at,/ stn/ sill it,/ Sim/ stn/ s[M/35 strv/ 30 ft etrvl strv/ 30 it sill sirv/ at"35 strv/ str tr vl 30 sWv135 at'/ svl sin/35 stn/ stpri¢a/np2[D 35 it 35 ft 35 ft 35 ft 35 ft 35 ft 30 ft 30 ft ft 30 ft 30 ft 30 ft 30 ft 30 R ft 40 it ft ft 40 it 30 it it 50 ft 16) (I8) exceed in feet Maximum 40•/. 40Y. 40A so 60% 70% 75% 75•/. 70•/. 75•/. 70% 70% 71% 70% 70% 75% 70% 75% 70% 75% 70•/. impervious (191 (19) (23) (23) (23) (23) (23) (19) (19) (19) (19) (19) (19) :I 9) (I 9) (19) (19) (19) (19) (19) (191 surlace percent of total parcel area Zero lot Ime am The provanom m Sections 15 0 300,310 320,aad 330 shall apply clusiermg(24) Signs The sign regulations of Chapter 15 06 shall apple offafreet The oR-street parking regmremass,of Chapter 15 OS shall apply parking Landscapng The landscaping requirements of Chapter 15 07 shall apply Muln-fxmdv l25) (25) (25) (25) (15) Transuicn Area Nlulft�fxmdv (26) (2fi) (26) (26) (3 designn 61 1 deign review Additional Additional standards for specsOc uses are contamed In Chapter IS 08 and Chapter 15 09 standards (201 (20) (28) In) (21) (29) (29) 44 Sec. 15.04.180. Agricultural and Residential Land Use Development Standard Conditions. I Minimum lot area is eight thousand five hundred (8,500) square feet for the first two (2) dwelling units, and two thousand five hundred (2,500) square feet for each additional dwelling unit 2 Minimum lot area is eight thousand five hundred (8,500) square feet for the first two (2) dwelling units, and one thousand six hundred (1,600) square feet for each additional dwelling unit 3 Minimum lot area is eight thousand five hundred (8,500) square feet for the first two (2) dwelling units, and rune hundred (900) square feet for each additional dwelling unit i 4 To determine mimmum lot width for irregular lots, a circle of applicable diameter (the minimum lot width permitted) shall be scaled within the proposed boundaries of the lot, provided that an access easement to another lot is not included within the circle ! 5 Intenor yards shall not be computed as part of the site coverage 6 Porches and private shared courtyard features may be built within the front building set back line 7 For properties abutting on West Valley Highway, the frontage on West Valley Highway shall be considered the front yard 8 Proposed front yards less than twenty (20) feet in depth are subject to approval by the planning died -.manager, based on review and recommendation from the public works department relative to the existing and future traffic volumes and nght-of-way requirements as specified in the city comprehensive transportation plan and city construction standards 9 At least twenty(20) linear feet of driveway shall be provided between any garage. carport or other primary parking area and the street properry line with the exception of an alley property line 45 Revisions to Title 12 and 15 - Chapters 12.01, 15.02, 15 04, 15.08 and 15 09 10 An aggregate side yard of thirty(30) feet shall be provided A minimum often (10) feet shall be provided for each side yard On a comer lot the side yard setback shall be a minimum of twenty(20) feet from the property line 11 Each side yard shall be a minimum of ten (10) percent of the lot width, however, regardless of lot width, the yard width need not be more than thirty (30) feet For multifamilv townhouse developments that attach three (3) units or less. in the MRT-12 or MRT-16 zoning districts the aggre¢ate vard width need not be more than thirtv (30) feet but in no case shall a yard be less than ten (10) feet 12 Structures for feeding, housing and care of animals, except household pets, shall I j be set back fifty (50) feet from any property line li Additional setbacks for the Agriculture General AG zoning district a Structures for feeding, housing and care of animals shall be set back fifty 11 (50) feet from any property line b Transitional conditions shall exist when an AG district adjoins a residential district containing a density of two (2) dwelling units or more per acre or a proposed + residential area indicated on the city comprehensive plan Such transitional conditions shall not exist where the separation includes an intervening use such as a river, railroad main line, major topographic differential or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face When transitional conditions exist as defined in this subsection, a yard of not less I than fifty(50) feet shall provided c Setbacks, Green River Industrial development in the AG district abutting the Green River, or Russell Road or Frager Road where such roads follow the river bank, � shall be set back from the ordinary high-water mark of the river a minimum of two i hundred(200) feet Such setbacks are in accordance with the city comprehensive plan and in accordance with the high quality of site development typically required for the industrial park areas of the city and in accordance with the state Shoreline Management 46 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 Act of 1971, and shall be no more restrictive than, but as restrictive as, the Shoreline Management Act 14 An inner court providing access to a double-row building shall be a mmunum of twenty(20) feet 15 The distance between principal buildings shall be at least one-half the sum of the height of both buildings, provided, however, that in no case shall the distance be less than twelve (12) feet This requirement shall also apply to portions of the same building separated from each other by a court or other open space 16 The height limitations shall not apply to barns and silos provided that they are not located within fifty(50) feet of any lot line 17 Beyond this height, to a height not greater than either four (4) stones or sixty(60) feet, there shall be added one (1) additional foot of yard for each additional foot of building height i 18 The planning dffeeermanager shall be authorized to approve a height greater than four(4) stones or sixty(60) feet,provided such height does not detract from the continuity of the area When a request is made to exceed the building height limit, the planning difeetermanaeer may impose such conditions, within a reasonable amount of time, as may be necessary to reduce any incompatibilities with surrounding uses 19 Except for lots used for agricultural practices, the maximum impervious surface area allowed shall be ten thousand (10,000) square feet when the lot is greater than one (1) acre 20 The following uses are prohibited a The removal of topsoil for any purpose b Grade and fill operations, provided that limited grade and fill may be approved as needed to construct permitted buildings or structures c All subsurface activities, including excavation for underground utilities, pipelines or other underground installations, that cause permanent disruption of the surface of the land Temporarily disrupted soil surfaces shall be restored in a manner 47 Revisions to Title 12 and 15- Chapters 12.01 15.02, 15.04 I 15.08 and 15.09 consistent with agricultural uses d Dumping or storage of nonagricultural solid or liquid waste, or of trash, rubbish or noxious materials e Activities that violate sound agricultural soil and water conservation management practices 21 Outdoor storage for industrial uses shaII be located at the rear of a principally permitted structure and shall be completely fenced 22 Mobile home park combining district, MHP The standards and procedures of the city mobile home park code shall apply General requirements and standards for mobile home park design, 12 04 520, mobile home parks, Ch 1205 23 Except for lots used for agricultural practices, the maximum impervious surface area allowed shall be ten thousand (10,000) square feet 24 Minimum lot width, building setbacks, and minimum lot size regulations may be modified consistent with provisions for zero lot line and clustering housing development 25 The requirements of section 15 08 215 shall apply in any multifamily transition area, which includes any portion of a multifamily district within one hundred (100) feet of a single-family district or within one hundred(100) feet of a public street right-of-way 26 The requirements of section 15 09 047 for multifamily design review shall apply to any multifamily dwelling of three (3) or more units 27 Minimum lot area is eight thousand five hundred (8,500) square feet for the first two (2) dwelling units, and three thousand five hundred (3,500) square feet for each additional dwelling unit 28 The following zoning is required to be in existence on the entire property to be rezoned at the time of application of a rezone to an MR-T zone SR-8, MR-D, MR-G, MR-M, MR-H, O, O-MU, NCC, CC, GC, DC or DCE 129 All multifamily townhouse developments in the MR-T zone shall be condominiums only A condommium plat shall be filed and recorded pursuant to Chapter 64 32 RCW prior to approval of a development permit by the city 48 Revisions to Title 12 and 15 - Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 30 As an option to the five (5) foot side yard requirement for single-family development in all multifamily zoning districts as set forth in KCC 15 04 170, a side yard width of no less than three (3) feet may be utilized under the following conditions a Fire hydrants for the development, as required by the fire code set forth in KCC Title 13, will be placed a maximum of three hundred (300) feet in separation, b The required fire hydrants shall have a minimum fire flow of one thousand five hundred (1,500) gallons per minute, and c Emergency vehicle access roads shall be provided to the development, which includes an improved road accessible within one hundred fifty (150) feet of all portions of the exterior first floor of the structure This option is subject to the approval of the Washington State Building Council Application of this option shall be effective upon receipt by the city of Kent of such approval 31 Where lands are located wholly or partially within the urban separator, as designated on the City of Kent Comprehensive Land Use Plan Map, dwelling units shall be required to be clustered, subject to the provisions of Ch L 04 KCC, entitled "Subdivisions" The density in a cluster subdivision shall be no greater than the density that would be allowed on the parcel as a whole, including all critical areas (creeks. wetlands, geological hazard areas) and buffers, using the maximum density provisions of the zoning district in which it is located The common open space in a cluster subdivision shall be a minimum of fifty(50) percent of the nonconstramed area of the parcel The nonconstramed area of the parcel includes all areas of the parcel, minus critical areas. as defined in RCW 36 70A 030(5) as currently and hereinafter amended, and buffers The remainder of the nonconstramed area of the parcel shall be the buildable area of the parcel The common open space tracts created by clustering shall be located and configured in the manner that best connects and increases protective buffers for environmentally sensitive areas, connects and protects area wildlife habitat, creates connectivity between the open space provided by the clustering 49 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 1 5.09 and other adjacent open spaces as well as existing or planned public parks and trails, and maintains scenic vistas Critical areas and buffers shall not be used in determining lot size and common open space requirements in a cluster subdivision All natural features (such as streams and their buffers, significant strands of trees and rock outcropping), as well as sensitive areas (such as steep slopes and wetlands and their buffers) shall be preserved, as open space in a cluster subdivision Future development of the common open space shall be prohibited Except as specified on recorded documents creating the common open space, all common open space resulting from lot clustering shall not be altered or disturbed in a manner that degrades adjacent environmentally sensitive areas, rural areas, agricultural areas, or resource lands, impairs scenic vistas and the connectivity between the open space �i provided by the clustered development and adjacent open spaces, degrades wildlife habitat, and impairs the recreational benefits enjoyed by the residents of the development Such common open spaces may be retained under ownership by the owner or subdivider, conveyed to residents of the development, conveyed to a homeowners association for the benefit of the residents of the development, conveyed to the city with the city's consent and approval or to another parry upon approval of the city of Kent The minimum lot size of individual lots within a clustered subdivision is two thousand five hundred (2,500) square feet, and the minimum lot width is thirty(30) feet In the event that common open space prohibits development of one single-family residence on the parcel, the common open space will be reduced by the amount necessary to meet the minimum two thousand five hundred (2,500) square foot lot size New lots created by any subdivision action shall be clustered in groups not exceeding eight (8) i units There may be more than one (1) cluster per project Separation between cluster groups shall be a minimum of one hundred twenty(120) feet Sight-obscuring fences are 1 not permitted along cluster lot lines adjacent to the open space area 50 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 32 For multifamily townhouse developments that attach three (3)units the minimum building to building separation shall be ten (10) feet For duplex and single family condominium townhouse developments the minimum building to building separation shall be established through the Uniform Building Code(UBC) �I I I I j I I 'I ij 51 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 See.15.04.190. Commercial and industrial zone development standards. ZONING DISTRICTS V_ Cz 4 U CJ � U G � N ❑ i V C - 0 J ❑ u2 — ❑ "E — tot ❑ o E c s = �_ U ❑ A u 3 ❑ x F 8 r c U E a = 72 7R (J ❑ J V l7 U Minimum lot area square feet or acres,as 10,000 10,000 5,000 5,000 10,000 1]ftO 10,0110 ]a,a0q 1 acre 1 acre 10,000 ID,000 Is,WO ]O,000 noted so ft sq fl sq It sq ft sq It sq ft sq it so it sq it so ft sq R (1) Maximum site coverage percent of site 4U% 40% 100% 100% 50"/. 50% J0•/. 3o°/a 50% 60•/. 60% 65% 75% Jo% Minimum Yard requirements feet Front yard 15 it 15 It (2) (3) is ft ]Sit 20 fl 25 it 30 ft (5) (5) (67) (7) 15 it (4) Side yard (5) (9) (2) (3) (10) (10) (10) (10) (II) (12) (12) (13) (14) 5 it (15) (16) Side Yard on flanking street of a corner lot (171 (17) (171 118) 15 it Rear yard 20 ft 20 it (2) (3) (19) (19) (19) (19) (20) (20) (21) (21) S tt (2) (22) Yards,transitional conditions (23) (23) (24) (15) Additional setbacks (26) (29) (29) (27) (2s) Height limitation in stories/not to exceed in 2 sirv/ 3 stn/ 4 s(,/ (32) 2 stry 2 siry 2"v 3 stry/ 2 strYl 2 sin/ 2 strv/ 2 sin/ 2 stn/ 3 stml feel 35 it 40 it 60 ft 35 it 35 It 35 ft 4)It 35 ft 35 it 35 it 35 ft 35 fir 40 ft (30) (31) (30) (JU) fl0) (33) (35) t35) (35) (37) (39) (3J) Landscaping 1521 1521 Outdoor storage (39) 139) (40) (40) (JO) (J2) (43) (43) (Ji) (45) (59) (Jl) (JI) (Sq Signs (601 Vehicle drive-through,drive-in and service (461 (,461 (L61 L6, '441 (46) bays 16D Loading areas (M (47) F17) (47) (40) (49) (49) (51) Off-street parking The off-street parking reguiremems of Ch 15 05 KCC shall apply (57) f5'n (57) l57) 159) (59) (5x) 1 (57) Additional standards (50) (36) (31) UD (50) (50) (36) 1 (36) 1501 fso) (50) l50) (501 L1 (50) (50) (50) (� L) (501 (50) I56) (5]) 153) (SJ) (54) L) L1 l� I911 (� [SJ) 154) (55) (55) L1 (55) (55) (56) (56) (56) (56) 52 Sec. 15.04.195. Commercial and industrial land use development standard conditions. 1 Mmmum lot of record or five thousand (5,000) square feet, whichever is less 2 None, except as required by landscaping, or if off-street parking is provided on site See the downtown design review criteria outlined in KCC 15 09 046 3 No minimum setback is required If a rear and/or side yard abuts a residential district, a twenty (20) foot rear and/or side yard setback may be required See the downtown design review criteria outlined in KCC 15 09 046 4 For properties abutting on West Valley Highway, the frontage on West Valley Highway shall be considered the front yard 5 The minimum front yard setback shall be related to the classification of the adjacent street This classification shall be determined by the city transportation engineer The setbacks are as follows a Properties fronting on arterial and collector streets shall have a minimum � I setback of twenty(20) feet � I b Properties fronting on local access streets shall have a minimum setback of twenty(20) feet 6 The minimum front yard setback shall be related to the classification of the adjacent street This classification shall be determined by the city transportation engineer The setbacks are as follows a Properties fronting on artenals and collector streets shall have a minimum setback of forty(40) feet b Properties fronting on local access streets shall have a minimum setback of thirty (30) feet 7 The front yard shall be ten(10)percent of the lot depth Regardless of lot size, the yard depth need not be more than thirty-five (35) feet 8 No side yard is required, except when abutting a district other than NCC, and then �I the side yard shall be not less than twenty (20) feet in width 53 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 9 No side yard is required, except when abutting a more restrictive district, and then the side yard shall be not less than twenty(20) feet in width 10 No side yard is required, except abutting a residential district, and then the side yard shall be twenty(20) feet minimum 11 An aggregate side yard of thirty (30) feet shall be provided A minimum of ten (10) feet shall be provided for each side yard On a corner lot the side yard setback shall be a minimum of twenty(20) feet from the property line 12 The side yards shall have an aggregate width of ten(10) percent of the lot width, but the aggregate width need not be more than forty(40) feet There shall be a minimum f of fifteen (15) feet on each side 13 The side yards shall have an aggregate width of ten (10) percent of the lot width. but the aggregate width need not be more than thirty(30) feet There shall be a minimum of ten (10) feet on each side 14 The side yards shall have an aggregate width of ten (10) percent of the lot width. I I i but the aggregate width need not be more than twenty-five (25) feet There shall be a i minimum of ten (10) feet on each side 15 A side yard of at least fiNe (5) feet in depth shall be provided along the side property lines, except no side yard shall be required between adjacent properties where a common, shared driveway with a perpetual cross-access easement is provided to serve ithe adjoining properties 16 Where a side yard abuts a residential district, a side yard of at least twenty(20) feet I shall be provided 17 The minimum side yard on the flanking street of a comer lot shall be related to the classification of the adjacent street This classification shall be determined by the city transportation engineer The setbacks are as follows a Properties fronting on arterial and collector streets shall have a minimum setback of forty(40) feet I i 54 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 b Properties fronting on local access streets shall have a minimum setback of thirty(30) feet 18 The side yard on the flanking street of a comer lot shall be at least ten (10)percent of the lot width, unless the ten (10) percent figure would result in a side yard of greater than twenty(20) feet, in which case the side yard need not be more than twenty(20) feet 19 No rear yard is required, except abutting a residential district, and then the rear yard shall be twenty(20) feet minimum 20 No rear yard is required, except as may be required by other setback provisions of „ this section 21 No rear yard is required, except as may be required by transitional conditions 22 A rear yard of at least five (5) feet in depth shall be provided. except when a rear yard abuts a residential district. and then a rear yard of at least twenty (20) feet in depth shall be provided 23 Transitional conditions shall exist when an industrial park MI or MI-C district adjoins a residential district containing a density of two (2) dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan Such transitional conditions shall not exist where the separation includes intervening use such as a river, freeway, railroad main line, major topographic differential or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face When transitional conditions exist as defined in this subsection, a yard of not less than fifty (50) feet shall be provided 24 Transitional conditions shall exist when an M2 district adjoins a residential district containing a density of two (2) dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan Such transitional conditions shall not exist where the separation includes an intervening use such as a river, freeway, railway main line, major topographic differential or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face 55 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 When transitional conditions exist as defined in this subsection, a yard of not less than fifty(50) feet shall be provided 25 Transitional conditions shall exist when an M3 district adjoins a residential district containing a density of two (2) dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes an intervening use such as a river,railroad main line, major topographic differential or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face When transitional conditions exist as defined in this subsection, a yard of not less than fifty (50) feet shall be provided 26 Structures for feeding,housing and care of animals shall be set back fifty(50) feet from any property line 27 Transitional conditions shall exist when an MA district adjoins a residential district containing a density of two (2) dwelling units or more per acre or a proposed j I residential area indicated on the city comprehensive plan Such transitional conditions shall not exist where the separation includes an intervening use such as a river, railroad main line, major topographic differential or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face When transitional conditions exist as defined in this subsection, a yard of not less than fifty(50) feet shall be provided, i 28 Industrial development in the MA district abutting the Green River, or Russell Road or Frager Road where such roads follow the river bank, shall be set back from the ordinary high-water mark of the river a minimum of two hundred (200) feet Such setbacks are in accordance with the city comprehensive plan and are in accordance with the high quality of site development required for the industrial parks area of the city, which MA areas are designated to become in the city comprehensive plan. and are in accordance with the state Shoreline Management Act of 1971, and shall be no more I restrictive than, but as restrictive as, the Shoreline Management Act 56 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 29 Development in the MI or Ml-C district abutting the Green River, or Russell Road or Frager Road where such roads follow the river bank, shall be set back from the ordinary high-water mark of the river a mimmum of two hundred (200) feet Such setbacks are in accordance with the state Shoreline Management Act of 1971, and shall be no more restrictive than, but as restrictive as, the Shoreline Management Act 30 The planning manaaerdrreeter shall be authorized to grant one(1) additional story in height, if during development plan review it is found that this additional story would not detract from the continuity of the area More than one (1) additional story may be granted by the planning commission i 31 The downtown design review requirements of KCC 15 09 046 shall apply 32. No maximum height limit is required See the downtown design review criteria outlined in KCC 15 09 046 33 Beyond this height, to a height not greater than either four(4) stones or sixty(60) feet, there shall be added one (1) additional foot of yard for each additional foot of building height 34 The planning manaeerdt+ecto shall be authorized to approve a height greater than four(4) stones or sixty(60) feet, provided such height does not detract from the continuity of the area When a request is made to exceed the building height limit, the planning direeter-manaeer may impose such conditions, within a reasonable amount of time, as may be necessary to reduce any incompatibilities with surrounding uses j 35 Beyond this height, to a height not greater than either four(4) stones or sixty (60) feet, there shall be added one (1) additional foot of yard for each one(1) foot of additional building height The planning manaaerdwec� shall be authorized to approve one (1) additional story, provided such height does not detract from the continuity of the industrial area, and may impose such conditions as may be necessary to reduce any incompatibility with surrounding uses Any additional height increase maybe granted by the planning i commission 57 Revisions to Title 12 and 15 - Chapters 12.01, 15 02, 15 04, 15.08 and 15.09 36 Design review for mixed use development is required as provided in KCC 15 09 045(E) 37 The height limitation is two(2) stones or thirty-five (35) feet. Beyond this height, to a height not greater than either four (4) stones or sixty (60) feet, there shall be added one (1) additional foot of yard for each two (2) feet of additional building height. The planning managerdwrect shall be authorized to approve one (1) additional story,provided such height does not detract from the continuity of the industrial area, and may impose such conditions as maybe necessary to reduce any incompatibility with surrounding uses i Any additional height increases may be granted by the planning commission 38 The height limitation is three (3) stones or forty(40) feet An additional story or building height may be added, up to a maximum of five(5) stones or sixty(60) feet,with one(1) additional foot of building setback for every additional foot of building height over i forty(40) feet 39 Outdoor storage areas are prohibited 40 Outdoor storage areas shall be fenced for security and public safety by a sight- obscuring fence unless it is determined through the development plan review that a sight- obscuring fence is not necessary , 41 Any unfenced outdoor storage areas shall be paved with asphaltic concrete, cement or equivalent material to be approved by the city engineer 42 Outdoor storage (for industrial uses) shall be at the rear of a principally permitted structure and shall be completely fenced 43 Outside storage or operations yards in the MI or MI-C zone shall be permitted only as accessory uses Such uses are incidental and subordinate to the principal use of the property or structure Outside storage or operations yards shall be confined to the area to the rear of the principal building or the rear two-thirds (2/3) of the property and reasonably screened from view from any property line by appropriate walls, fencing, earth mounds or landscaping Outside storage exceeding a height of fifteen (15) feet shall be i 58 Revisions to Title 12 and 15 - Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 so placed on the property as to not detract from the reasonably accepted appearance of the district 44 Outside storage or operations yards shall be confined to the area to the rear of a line which is an extension of the front wall of the principal building, and shall be reasonably screened from view from any street by appropriate walls, fencing, earth mounds or landscaping 45 Outside storage or operations areas shall be fenced for security and public safety at the property line 46 . 5 oF btaektng dfeds, - efietitedAa, 7:-am Die 7 aEBHt .� n diiieiial latids..apiiig .. Aiiein,, iia. be I� i Wherever feasible, dnve-up/dnve-through facilities shall be accessed from the rear of a site and run alone an interior lot line or building elevation Landscamne, sufficient to soften the visual impact of vehicle stacking areas, may be required 47 Loading areas must be located in such a manner that no loading, unloading or I I maneuvering of trucks associated therewith takes place on public rights-of-way 48 Earth berms and landscaping shall be provided along street frontages as necessary ' to screen dock-high loading areas from public rights-of-way Berms shall be a minimum of thirty-six (36) inches and a maximum of forty-two (42) inches in height Landscaping located on the berm shall conform to type III landscaping as described in KCC 15 07 050 i 49 Earth berms and landscaping shall be provided along street frontages as necessary to screen dock-lugh loading areas from public nghts-of-way Berms shall be a mimmum of thirty (30) inches in height Landscaping located on the berm shall conform to type III landscaping described in KCC 15 07 050 pertaining to visual buffers ! 50 Development plan approval is required as provided in KCC 15 09 010 51 Earth berms and landscaping shall be provided along street frontages as necessary to screen dock-high loading areas from public rights-of-way Berms shall be a minimum 59 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 j of twenty(20) inches in height. Landscaping located on the berm shall conform to type III landscaping described in KCC 15 07 050 pertaining to visual buffers 52 Where building walls face adjacent streets and are unfenestrated for more than forty(40) feet at arty point along the facade, additional landscaping shall be required to reduce visual impacts In such circumstances, type 11 landscaping, as defined in KCC 15 07 050, shall be required, provided, that evergreen trees shall be at least ten (10) feet in height and deciduous trees shall be a mimmum of two (2) inch caliper at the time of planting 53 Predominant activities and operations shall be completely enclosed within buildings or structures, except for customary appurtenances such as loading and unloading !, areas, or where special conditions exist as a result of a conditional use public hearing The plan=managerd*eeter shall be authorized to determine the reasonable application I of this provision in cases of operational hardship or other showing of uncommon I circumstances 54 Multitenant buildings shall be permitted 55 All required yards. parking areas, storage areas, operations yards and other open i uses on the site shall be maintained in a neat and orderly manner appropriate for the I district at all times The planning managerdiieetec shall be authorized to reasonably pursue the enforcement of this subsection where a use is in violation, and to notify the owner or operator of the use in writing of such noncompliance The property owner or 1 operator of the use shall be given a reasonable length of time to correct the condition 56 The performance standards as provided in KCC 15 08 050 shall apply 57 Off-street parking may be located in required yards except in areas required to be landscaped 58 Those areas not required to be landscaped may be used for off-street parking 59 Outdoor storage is allowed only as an accessory use to small scale, light industrial or manufacturing operations where the building, structure or total operation, including all indoor and outdoor storage areas, does not encompass more than ten thousand (10,000) 60 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 square feet of total area. 60 Signage on commercial uses in the MI-C zone shall be as specified in KCC 15 06 050(B) Signage on industrial uses in the MI-C zone shall be as specified m KCC 15 06 050(E) 61 Any eating establishment with a drive throueh/dnve-m facility shall be located a minimum of 1,000 feet from anv other restaurant with a drive through/drive-in facility I I � �I I ' I I i I I 61 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 Sec. 15.04.200. Mixed use overlay development standards. Overlay Districts GC-MU 0-MU CC-MU Floor area ratio 40 for commercial uses 40 for commercial uses 40 for commercial uses 50 for commercial uses combined 50 for commercial uses combined 50 for commercial uses combined with residential uses,provided that, with residential uses,provided that, with residential uses,provided that, commercial floor area may be commercial floor area may be commercial floor area may be increased by one(1)square foot for increased by one(1)square foot for increased by one(1)square foot for each square floor of residential floor each square floor of residential floor each square floor of residential floor area provided up to a maximum area provided up to a maximum area provided up to a maximum commercial FAR of 5 commercial FAR of 5 commercial FAR of 5 l 0 for residential uses,provided that, 1 0 for residential uses,provided that, 1 0 for residential uses,provided that, residential FAR may be increased by residential FAR may be increased by residential FAR may be increased by 5 ifparkmg is provided below grade, 5 if parking is provided below grade, 5 if parking is provided below grade, up to a maximum of 1 5 up to a maximum of t 5 up to a maximum of 15 Site coverage Forty(40)percent for commercial Forty(40)percent for commercial Forty(40)percent for commercial uses uses uses Sixty(60)percent for commercial Sixty(60)percent for commercial Sixty t60)percent for commercial uses with residential uses,provided uses with residential uses,provided uses with residential uses,provided that twenty-five(25)percent of the that twenty-five(25)percent of the that twenty-five(25)percent of the gross floor area is residential use gross floor area is residential use gross floor area is residential use Height Twenty-five(25)feet,provided that Twenty-five(25)feet,provided that Twenty-five(25)feet provided that basic heights may be increased to,to basic heights may be increased up to basic heights may be increased up to the maximum height of forty(40)feet the maximum height of forty(40)feet the maximum height of forty(40)feet (q (1) (p Front yard Zero(0)feet,provided that sine Zero(0)feet,provided that sine Zero(0)feet,provided that sine setback may be required in the front setback may be required in the Irons setback may be required in the front yard to accommodate a sidewalk yard to accommodate a sidewalk yard to accommodate a sidewalk which shall be at least in)10)feet in which shall be at least ten)10)feet in which shall be at least ten)10)feet in width width width Rear and side vard Zero(0)feet,provided that setbacks Zero(0)feet provided that setbacks Zero(0)feet,provided that setbacks of at least twenty(20)feet will be at at least twenty(20)feet will be of at least twenty(20)feet will be required in any rear or side yards that required in any rear or side yards that required in any rear or side yards that are adjacent to a residential zoning are adjacent to a residential zoning are adjacent to a residential zoning dismct district district Off-street parking Retail/office uses Four(4)spaces Retail/office uses Four(4)spaces Retadrotfice uses Four(4)spaces per thousand(1,000)square feet of per thousand(1,000)square feet of per thousand(1,000)square feet at floor area(i) floor area(2) floor area(') Residential uses(') Residential uses er) Residential uses(l) 62 Sec. 15.04.205. Mixed Use Land Use Development Standard Conditions. 1 The following height modifications shall apply a Five-foot increases for developments containing residential uses,provided that twenty-five (25) percent of gross floor area is in residential use b Five-foot increases for parking under the building c Five-foot increases for using a pitched roof form d Five-foot increase for stepping back from the top floor(minimum of five feet) 112 The first three hundred (300) square feet of retail or office space that is a part of an individual residential unit is exempt 3 The following parking requirements shall apply a Studio 75 per dwelling unit (du) without commercial uses, 50/du with commercial uses, provided that twenty-five (25) per cent of overall gross floor area is in commercial uses b One-bedroom 1 5/du without commercial uses, 1 0/du with commercial uses, provided that twenty-five (25) percent of overall gross floor area is in commercial uses c Two-bedroom 2 0/du without commercial uses, 1 25/du with commercial uses, provided that twenty-five (25) percent of overall gross floor area is in commercial uses i SECTION4. Section 15 08 035 of the Kent City Code, entitled "Wireless telecommunications facilities," is hereby amended to read as follows Sec. 15.08.035. Wireless telecommunications facilities. A Purpose and goals The purpose of this section is to establish general guidelines for the siting of wireless telecommunications facilities (WTFs), specifically including, without limitation, towers and antennas, in light of the following goals 1 Protecting residential areas from potential adverse impacts, 63 Revisions to Title 12 and 15 - Chapters 12.01, 15.02, I5.04, 15.08 and 15.09 2 Enhancing the ability of the providers of wireless telecommunications services to provide those services quickly, effectively, and efficiently, 3 Encouraging location in nonresidential areas, 4 Minimizing the total height of towers within the community, 5 Encouraging the joint use of new and existing sites, 6 Encouraging service providers to locate and configure facilities to minimize adverse impacts through careful design, siting, landscaping, screening, and innovative camouflaging techniques, and 7 Considering potential adverse impacts to the public health and safety from these facilities except where preempted by other laws, rules, and regulations In furtherance of these goals, the city shall give due consideration to the city's comprehensive plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of WTFs, including towers and antennas I I B Definitions As used in this section only, the following terms shall have the meanings set forth below It Abandon or abandonment means (a) To cease operation for a period of one hundred eighty (180) or more consecutive calendar days, or (b) To reduce the effective radiated power of an antenna by seventy- five (75) percent for one hundred eighty (180) or more consecutive calendar days unless i new technology or the construction of additional cells in the same locality allows reduction of effective radiated power by more than seventy-five (75) percent, so long as the operator still serves essentially the same customer base Antenna means any exterior transmitting or receiving device used in communications that radiates or captures electromagnetic waves Backhaul nenvork means the lines that connect a provider's WTFs/towers/cell sites to one (1) or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network 64 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 ! Camouflage means to disguise, hide, or integrate with an existing or proposed structure or with the natural environment so as to be significantly screened from view Co-locate means use of a WTF by more than one (1) service provider COWmeans cell on wheels or Cellular on Wheels EIA means Electronic Industries Association FAA means the Federal Aviation Administration. i FCC means the Federal Communications Commission Guyed tower means a wireless communication support structure which is typically over one hundred(100) feet tall and is steadied by wire guys in a radial pattern around the tower Height means, when referring to a tower or other WTF, the distance measured from the finished grade of the parcel at the base of the WTF to the highest point on the tower or other WTF, including the base pad and any antennas Lattice tower means a support structure which consists of a network of crossed metal braces, forming a tower which is usually triangular or square in cross-section 'I Monopole tower means a support structure which consists of a single pole sunk- into the ground and/or attached to a foundation Non-whip antenna means an antenna that is not a whip antenna, such as dish antennas, panel antennas, etc I Preexisting WTF means any WTF for which a building permit has been properly issued prior to July 7, 1997, including permitted WTFs that have not yet been constructed, ' I so long as that permit or approval has not expired Telecommunications means the transmission, between or among points specified by the user, of information of the user's choosing without change in the form or content jof the information as sent and received Telecommunications service means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used 65 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 Tower means any structure that is designed and constructed primarily for the purpose of supporting one(1) or more antennas for telecommunications, telephone, radio and similar communication purposes The term includes the structure, all structural supports, and all related buildings and appurtenances Whip antenna means an omnidirectional dipole antenna of cylindrical shape that is no more than six (6) inches in average diameter Wireless telecommunications facility or WTF includes"personal wireless service", "personal wireless service facilities", and"facilities" as defined in Title 47,United States Code, Section 332(c)(7)(C), including all future amendments, and also includes facilities for the transmission and reception of radio or microwave signals used for communication, telecommunication, cellular phone personal communications services, enhanced specialized mobile radio, and any other services licensed by the FCC, and also includes any other unlicensed wireless services C Applicability i 1 New uses All WTF proposals made in the city, whether for new construction or for modification of existing facilities, shall be subject to the regulations set forth in this code, except as provided in subsection (D) D Exemptions The following are exempt from the provisions of this section and are allowed in all zoning districts j 1 Existing Uses WTFs that currently exist on July 7, 1997, or for which a valid building permit has been obtained and remains in effect on July 7, 1997, except this exemption does not apply to modifications of existing facilities 2 Industrial/scientific equipment Industrial processing equipment and I scientific or medical equipment using frequencies regulated by the FCC I� 3 Amateur radio station operators or receive-only antennas Any tower or I antenna that is under seventy(70) feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas I 66 Revisions to Title 13 and 15- Chapters 1101, 15.02, 15.04, 15.08 and 15.09 4 Home satellite services Satellite dish antennas less than two (2) meters in diameter, including direct-to-home satellite services, when used as a secondary use of the property 5 COGV A COW or other temporary WTF, but its use anywhere in the city cannot exceed thirty (30) days, unless extended by permit issued by the planning direetefmanager or unless the city has declared an area-wide emergency 6 Public safety WTFs and equipment Public safety WTFs and equipment, including, but not limited to, the regional 911 system E General 1 Principal or accessory use WTFs maybe considered either principal I or accessory uses A different use of an existing structure on the same lot shall not preclude the installation of WTFs on that lot 2 Not essential services WTFs shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential public services F General requirements 1 Siting Anyone who applies to construct a WTF or to modify or add to an existing WTF shall demonstrate to the city's satisfaction that the proposed facility is located at the least obtrusive and the most appropriate available site to function in the applicant's grid system 2 FCC licensing The city will only process WTF permit applications upon i a satisfactory showing of proof that the applicant is an FCC licensed telecommum cations provider or that the applicant has agreements with an FCC licensed telecommunications provider for use or lease of the facility 3 Compliance with other laws Applicants must show, to the satisfaction of il I the planning dtree�ana¢er, compliance with current FCC and FAA rules and regulations and all other applicable federal, state, and local laws, rules and regulations 4 Lot size For purposes of determining whether the installation of WTFs complies with district development regulations including, but not limited to, setback 67 Revisions to Title 12 and 15 - Chapters 12.01, 15.02, 15.04. 15.08 and 15.09 requirements, lot-coverage requirements, and other requirements, the dimensions of the entire lot shall control, even though the WTFs may be located on leased parcels within that lot 5 Height Unless further restricted or expanded elsewhere in this section,no WTFs may exceed the following height and usage criteria (a) For a single user, up to ninety(90) feet in height; and (b) For two (2) or more users, up to one hundred twenty(120) feet in height 6 Security fencing WTFs shall be enclosed, where appropriate, by security i fencing not less than six (6) feet in height, provided however, that the planning j dt estermanager or, where applicable, the hearing examiner may waive these jrequirements, as appropriate 7 Landscaping WTFs shall be landscaped with a buffer of plant materials that effectively screens the view of the WTF compound, provided, however, that the planning dtreeterinanaeer or, where applicable, the hearing examiner may waive these requirements if the goals of this section would be better served I 8 WTFs mounted on structures or rooftops WTFs mounted on existing structures or rooftops shall be designed and located so as to minimize visual and aesthetic impacts to the adjoining land uses and structures and shall, to the greatest extent practical blend into the existing environment 9 Aesthetics WTFs shall meet the following requirements (a) WTFs shall be painted a neutral color so as to reduce visual obtrusiveness j (b) At a WTF site, the design of the buildings and related structures shall, to the extent possible, use materials colors, textures, screening, and landscaping that will blend into the existing natural and constructed environment I 68 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, j 15.08 and 15.09 10 Lighting Towers shall not be artificially lighted, unless required by the FAA or other applicable authority If lighting is required for any WTF, the lighting must cause the least disturbance to the surrounding area 11 Measurement For purposes of measurement, WTF setbacks and separation distances shall be calculated and applied irrespective of municipal and county jurisdictional boundaries 12 Franchises, licenses, and permits Owners and/or operators of WTFs shall certify that they have obtained all franchises, licenses, or permits required by law for the construction and/or operation of a wireless telecommunication system in the city and shall file a copy of all required franchises, licenses, and permits with the planning drreeta manager 13 Signs No signs shall be allowed on an antenna or tower 14 Backhaul providers Backhaul providers shall be identified and they shall e have and maintain all necessary approvalsv t o operate as such, including�holding necessary franchises, permits, and certificates The method of providing backhaul, wired or wireless, shall be identified G Tower requirements 1 Tower setbacks All tow ers, support structures and accessory buildings must satisfy the minimum setback requirements for that zoning district 2 Support systems setbacks All guywires, anchors, and other support I structures must be located within the buildable area of the lot and not within the front, rear, or side yard setbacks and no closer than five (5) feet to any property line 3 Monopole construction required All towers will be of a tapering monopole construction, however, the platuungrectertnanager or, where applicable, the hearing examiner may allow another type tower upon a showing that it would cause less i impact to the surrounding property than a similar monopole structure or would further the purposes and goals in this section 69 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and I5.09 4 Inventory of existing sites Each applicant for a tower shall provide an inventory of its existing WTF sites that are either within the jurisdiction of the city or within one (1) mile of its borders, including specific information about the location, height, and design of each facility 5 EIA standards Towers shall be constructed so as to meet or exceed the most recent EIA standards Prior to issuance of a building permit, the building official shall be provided with an engineer's certification that the tower's design meets or exceeds 1 those standards 6 Site selection and height Towers shall be located to minimize their number and height and to minimize their visual impacts on the surrounding area in accordance with the following policies- (a) Ensure that the height of towers has the least visual impact and that the height is no greater than necessary to achieve service area requirements and to provide for potential co-location, and (b) Demonstrate that the owner or operator has, io the greatest extent practical, selected a new tower site that provides the least visual impact on residential areas This shall include an analysis of the potential impacts from other vantage points in the area to illustrate that the selected site and design provides the best opportunity to minimize the visual impact of the proposed facility (c) Site so as to minimize being visually solitary or prominent when viewed from surrounding areas, especially residential areas The facility should be camouflaged to the maximum extent feasible 7 Co-location priority Co-location of antennas by more than one (1) carver on existing towers is preferred to construction of new towers, provided, that the co- location is consistent with the following (a) Redesign restrictions A tower that is modified or reconstructed to accommodate the co-location of an additional antenna shall be of the same tower type as the existing tower, or of a less obtrusive design (such as a monopole), if practical 70 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 (b) Height Except as may be modified in subsection (1)(1)(a), an existing tower may be modified or rebuilt to a taller height, not to exceed thirty(30) feet over the tower's existing height or one hundred twenty(120) feet, whichever is lower, to accommodate the co-location by another provider or operator of an additional antenna system in any district except DC, DCE, NCC and all SR districts This additional height shall not require an additional distance separation (c) Onsite relocation A tower that is being rebuilt to accommodate the co-location of an additional antenna may be relocated on its existing site within fifty (50) feet of its existing location If consistent with the purposes and goals in subsection (A), the planning dueetermanager or, where applicable, the hearing examiner, may permit the onsite relocation of a tower which comes within the separation distances to residential units or residentially zoned lands 8 Separation distances between towers Separation distances between towers shall be measured between the proposed tower and preexisting towers I' Measurement shall be from base of tower to base of tower, excluding pad, footing or foundation The separation distances shall be measured by drawing or following a straight j line between the nearest point on the base of the existing tower and the proposed tower base, pursuant to a site plan of the proposed tower The separation distances (listed in ' linear feet) shall be as shown in Table 1, unless the distance is reduced by the planning dtrestetar ana�er when administratively approving a WTF or by the hearing examiner through issuance of a conditional use permit i Table 1 Monopole Monopole Lattice Guyed 75 feet in less than 75 height or feet in height greater Lattice 5,000 5 000 1,500 750 Guyed 5,000 5,000 1.500 750 71 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 Monopole 75 1,500 1,500 1,500 750 feet in height or greater Monopole 750 750 750 750 less than 75 feet in height H Administratively approved WTFs The planning direeterinanaggr may adinimstratively approve the uses listed in this subsection, once each applicant has applied for and provided all necessary information required in this code and in the city's I application form This administrative approval is classified as a Process I application and is subject to the requirements of Ch 12 01 KCC eamplete, valid, andproperly....eeti a ...,ted ppl,eat. the planning direete shall rr .. either ..tl. dit,ens, r de l..t Hi. nt. if the pin .. ,1, eete approve, rr fails to rr 1 1. 11 1. de e.7 r,+ ,7 unless the tifne-f r .7 ' F' nYpn e +_T ^m 12 Administratively approved uses The following uses maybe approved by i the planning dfreeteirnMager after conducting an administrative review (a) Industrzallcommerczal pones Locating WTFs, including the placement of additional buildings or other supporting equipment used in connection with WTFs, that do not exceed ninety (90) feet in height for a single user and one hundred twenty (120) feet in height for two (2) or more users in the following districts MA, M1, MI-C, M2, M3, CM-1; CM-2, GC, and GWC (b) Antennas on existing structures Locating a WTF other than a tower as an accessory use by attachment to any building or structure other than a single- family dwelling or multifamily structure of fewer than eight (8) dwelling units in any zoning district provided 72 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, I5.08 and 15.09 (i) The antenna does not extend more than twenty (20) feet above the highest point of the structure if a whip antenna, or ten (10) feet above the highest point of the structure if a non-whip antenna, and (ii) The antenna complies with all applicable building codes, and (ni) All associated equipment is placed either within the same building or in a separate structure that matches the existing building or structure in character and materials (c) WTFs on existing towers Locating a WTF through co-location by attaching the antenna to an existing tower (d) WTFs within allowable building height Locating WTFs, including i placement of additional buildings or other supportmg equipment used in connection with the WTF in O, CC, MRG, MRM, MRH, AG, and A-I districts, so long as the WTF does not exceed the allowable building height for that district (e) COWS for greater than thirty (30) day periods Upon a proper showing of extreme necessity(for example, if repair or modification of an existing WTF clearly and legitimately cannot be completed within thirty(30) days), locating a COW at i a single location for more than thirty (30) calendar days, however, purely economic convenience shall not be considered a viable factor in making this determination 23 Authority to waive certain regim ements In connection with this administrative approval, the planning dfee-terrnanaser may, in order to encourage camouflaging and co-location of WTFs, administratively waive separation distance requirements between WTFs by up to fifty (50) percent in nonresidential zones Additionally, the planning 4ffeete w< is er may, in order to encourage the use of the least Obtrusive type of WTF, administratively allow the reconstruction of an existing WTF to that less obstructive use 73 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 apphea le to the heaixixg exxaffHfie in aeeordaase-With!he requirementsof Ch 7ri---32 KCC- .._a vi-n 12 m inn I Conditional use permits Applications for conditional use permits under this subsection shall be subject to the procedures and requirements of KCC 15 09 030 and Ch 12 01 KCC, except as modified by this subsection. If the WTF is not subject to administrative approval pursuant to subsection (H), then a conditional use permit shall be i required 1, Conditional bfTF uses Specifically, conditional use permits shall be required for the following WTFs (a) Inrdustrzallcommercial zones Locating WTFs that exceed ninety (90) feet in height for a single user or one hundred twenty(120) feet for two (2) or more users or locating antennas on existing structures that exceed the height limitations in subsection (H)(2)(b) in the following districts MA. Ml, MI-C, M2, M3, CM-1, CM-2, GC, and GWC (b) Government property Locating WTFs (I) separate from existing structures on property owned, leased, or otherwise controlled by the city or other governmental entity or (2) attached to existing structures on property owned, leased or otherwise controlled by the city or other governmental entity exceeding the height I limitations in subsection(H)(2)(b), but only on the condition that the total height, of the attached WTF, including the structure, does not exceed one hundred twenty (120) feet. unless permitted under subsection (I)(1)(a), however, this subsection shall not apply m DC, DCE, and NCC districts i (c) WTFs zrceeding allowable building height Locating WTFs that exceed the allowable building height in the following districts O, CC, MRG, MRM, MRH, AG, and A I 74 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 (d) Tower construction under allowed separation distances Locating towers that do not meet the separation distance requirements in subsection (G)(8) or that do not meet administratively approved separation distance limits 2 Factors considered in granting conditional use permits for towers In addition to KCC 15 09 030(D), the hearing examiner shall also consider the following factors when considering a CUP application for WTF towers (a) Height of the proposed tower, (b) Proximity of the tower to residential structures and residential district boundaries, (c) Nature of uses on adjacent and nearby properties, (d) Surrounding topography, (e) Surrounding tree coverage and foliage, (f) Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness, (g) Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures (h) Obstruction of or interference with views (1) Consistency with purpose and goals set forth in subsection (A) of this section 3 Availability of suitable existing towers, other strictures, or alternative technology No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the hearing examiner that no existing tower, structure, or alternative technology that does not require the use of towers can accommodate the applicant's proposed WTF An applicant shall submit information requested by the hearing examiner related to the availability of suitable existing towers, other structures or alternative technology Evidence submitted to demonstrate that no existing tower, 75 Revisions to Title 12 and 15 - Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 structure or alternative technology can accommodate the applicant's proposed WTF may consist of any of the following (a) No existing WTF is located within the geographic area that meets applicant's engineering requirements (b) Existing WTFs are not of sufficient height to meet applicant's engineering requirements (c) Existing WTFs cannot practically be reconstructed to provide sufficient structural strength to support applicant's proposed antenna and related equipment (d) Electromagnetic interference would occur between two (2) or more 1 WTF systems it (e) The fees, costs, or contractual provisions required by the owner in order to share an existing WTF or to adapt an existing WTF for co-location are unreasonable Fees or costs that exceed new WTF development shall not be presumed to render sharing facilities unsuitable (f) Other limiting factors render existing WTFs unsuitable (g) An alternative technology that does not require the use of towers or structures would be unsuitable Costs of alternative technology that exceed new WTF development shall not be presumed to render the technology unsuitable I 4 Separation i eguirements The hearing examiner may reduce tower separation distance requirements, including administratively approved separation distance reductions, if the purposes and goals of this section would be better served. however, development of multiple tower locations on a single site (often referred to as "antenna farms") are specifically discouraged wherever possible J Removal of abandoned towers 1 .Abandonment and removal The owner or operator of any abandoned tower shall notify the city's planning dtreetennanaeer, in writing, of that abandonment and shall remove the same within ninety (90) calendar days Failure to remove an 76 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 abandoned tower within ninety(90) calendar days shall be grounds to remove the tower at the owner's expense If there are two (2) or more users of a single tower, then the city's right to remove the tower shall not become effective until all users abandon the tower 2 Partial abandonment and removal If the antennas on any tower are removed or relocated to a point where the top twenty (20)percent or more of the height of the tower is no longer in use, the tower shall be deemed partially abandoned The owner or operator of any partially abandoned tower shall notify the city's planning di£eeterrnanager, in writing, of that partial abandonment and shall remove the partially abandoned portion within ninety (90) calendar days Failure to remove a partially i I abandoned tower within ninety (90) calendar days shall be grounds to remove the abandoned portion of the tower at the owner's expense 3 Security and lien Each applicant, prior to commencement of construction, I shall post sufficient security in the form of a bond, assignment of funds, cashier's check, or cash, in a form acceptable to the city, to cover the estimated cost of demolition or removal of the tower and support structures, including complete site restoration If for any reason the posted funds are not adequate to cover the cost of removal, then the city may charge the facility owner or operator with the city's total cost incurred in removing the abandoned structures If the owner or operator fails to make full payment within thirty (30) calendar days, then the amount remaining unpaid shall become a lien on the facility property I K Nonconforming uses 1 Preexisting towers Preexisting towers shall be allowed to continue their usage as they presently exist Routine maintenance shall be permitted Any construction i other than routine maintenance on a preexisting tower shall comply with the requirements of this section 2 Damage or destruction not the fault of owner/occupant Bona fide nonconforming WTFs that are damaged or destroyed without fault attributable to the owner or entity in control may be rebuilt without first having to obtain administrative 77 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 approval or a conditional use permit and without having to meet separation requirements The type,height, and location of the tower onsite shall be of the same type and intensity as the original facility Building permits to rebuild the facility shall comply with applicable building codes and shall be obtained within one hundred eighty (180) days from the date the facility is damaged or destroyed If no permit is obtained or if the permit expires, the tower or antenna shall be deemed abandoned as specified in subsection (J) SECTION 5. Section 15 08 100 of the Kent City Code, entitled "Nonconforming development"shall be amended to read as follows- See. 15.08.100. Nonconforming development. A Purpose. The intent and purpose of this section is to. 1 Ensure reasonable opportunity for use of legally created lots which do not i meet current minimum requirements for the district in which they are located 2 Ensure reasonable opportunity for use, maintenance and improvement of legally constructed buildings, structures and site development features which do not i comply with current minimum requirements for the district in which they are located 3 Ensure reasonable opportunity for continuation of legally established uses which do not conform to use regulations for the district in which they are located 4 Encourage the eventual replacement of nonconforming uses having potentially undesirable impacts on conforming uses 5 Encourage the eventual upgrading of nonconforming buildings, structures j and site development features which do not comply with current minimum requirements i for the district in which they are located B Applicabdity Nonconforming uses, structures, lots or signs are not favored by law and this title, and it is to avoid injustices that this title accepts such elements To benefit from the protection given to nonconforming development, such use, structure, or sign 78 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 must have been lawfully established pursuant to a county resolution in effect at the time of annexation wluch rendered it nonconforming, or it must have been lawfully established prior to the effective date of this chapter or subsequent amendments there to, or lawfully established prior to the purchase or condemnation of right-of-wav by the City of Kent This section distinguishes between and defines nonconforming uses, major nonconforming buildings and structures, minor nonconforming buildings and structures, nonconforming lots of record and nonconforming signs Different requirements are made applicable to each of these categories The degree of restriction made applicable to each separate category is dependent upon the degree in which that 1 category of nonconformance is a nuisance or incompatible with the purpose and requirements of this title i i SECTION 6. Section 15 08 260(D)(5) of the Kent City Code, entitled "Green River Corridor special interest district regulations Loading dock location," shall be amended to read as follows See. 15.08.260. Green River Corridor special interest district regulations. Loading dock location. D Development standards i 1 Green River access No building or lot within the district shall be constructed or created without providing access to the Green River via public sidewalks or a private trail system Such sidewalks or private trail systems shall connect to riverside public trails or scenic drives at intervals of one thousand(1,000) feet or less in industrial developments, and intervals of five hundred (500) feet or less in residential developments I. I 79 Revisions to Title 12 and 15 - Chapters 12.01, 15.02, 15.04, 15.08 and 15 09 2 Pedestrian access in residential development In residential developments, pedestrian access to the Green River shall be accomplished without crossing streets or roads, except scenic and recreational roads, unless clearly shown to be infeasible 3 Parking facilities Parking facilities for access to the Green River shall be located as near as practicable to river-front parks or historic sites and shall be clustered in lots not exceeding thirty(30) cars Every public parking area shall be visible from a street accessible to the public and be situated so that the public can clearly see nverfront open space and gam access to the public portion of that open space 4 Payment in lieu of parking facilities The city may accept or require payment in lieu of providing parking facilities which are required as a condition of the issuance of development permits 5 Loading dock location Loading docks shall not be located on river-facing sides of buildings lae ied on Fi rfi-ent lots unless a minimum fiftv (50) foot buffer of native vegetation is provided to screen the loading docks from the shoreline, unless otherwise required by the Kent Shoreline Master Program Other design and landscamng i requirements may be imposed by the Planning Manager to meet the purpose of the Green River Corridor Special Interest District 6 Building height Buildings located outside the two hundred (200) foot shoreline management zone but within the district shall not exceed thirty-five (35) feet in height 7 Exterior walls of buildings No building on any nverfront lot shall have an exterior wall parallel to, or within forty-five (45) degrees of parallel to, the river which 1 exceeds two hundred (200) feet in length, except as follows buildings on nverfront lots in the MA, Ml, Ml-C, M2 and M3 zoning districts may have exterior walls parallel to, or within forty-five(45) degrees of parallel to, the river which exceed two hundred (200) feet in length, provided they are screened by a vegetative buffer per KCC 15 08 260(D)(9)(c) I 80 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 8 Lots a Each riverfront lot within a subdivision shall contain area sufficient to comply with minimum lot size requirements of Ch 15 04 KCC and provide a public access easement and building setback line as required by this section b No subdivision of professional and office (0), general commercial (GC), industrial agricultural (MA), industrial park (Ml) and limited industrial (M2) zoned land shall be approved unless each lot within the subdivision has an upland boundary at least five hundred (500) feet from the ordinary high-water line of the river 9 Vegetation buffer a A permanent vegetation buffer, in accordance with KCC 15 07 050(C) pertaining to landscaping type III, shall be maintained or established for each building or use within the district Any materials storage yard, truck maneuvering area, equipment parking area,junkyard, refuse storage or similar use within the district i shall install such a permanent vegetative buffer between the use and the Green River i within two (2) years of the effective date of the ordinance from which this section is derived b Landscape screening and buffer strips shall be planted in order to be harmonious with those already planted on adjacent properties and consistent with the city landscaping requirements as set out in Ch 15 07 KCC c Buildings on riverfront lots in industrial zoning districts which have exterior walls exceeding two hundred(200) feet in length parallel to, or within forty- five (45) degrees of parallel to, the river, must be screened by a vegetation buffer This vegetative buffer shall be located along the length of the property line located parallel to, or within forty-five (45) degrees of parallel to, the river, for a minimum depth of twenty (20) feet in accordance with type III, visual buffer landscape standards pursuant to KCC 15 07 050(C) In addition, an earth berm of a minimum of forty-eight (48) inches in height must be provided for 81 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 10 Rail lines No rail lines shall be permitted within five hundred (500) feet of the Green River, provided, however, rail lines shall be permitted to within three hundred(300) feet of the Green River in those locations specified on Exhibit B attached to the ordinance from which this section is derived and by this reference incorporated in this section, such locations having been found to be best suited to rail I Road access All new lots and buildings shall be designed with primary street access to streets other than scenic and recreational roads, unless no other access is available 12 Street connections Development shall include no street connections to Iscenic and recreational roads, unless no other access is available i 13 Utilities Utilities shall be installed in accordance with Ch 7 10 KCC 14 Surface drainage facilities Surface drainage facilities such as drainage it channels and retention areas shall be designed to applicable city standards and shall be integral parts, of possible, of any common trail and open space system connections to the nverfront SECTION 7. Section 15 08 400 of the Kent City Code, entitled "Planned unit development, PUD" shall be amended to read as follows I� Sec. 15.08.400. Planned unit development, PUD. The intent of the PUD is to create a process to promote diversity and creativity in site design, and protect and enhance natural and community features The process is provided to encourage unique developments which may combine a mixture of residential, commercial and industrial uses By using flexibility in the application of development i standards, this process will promote developments that will benefit citizens that live and work within the city 82 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 A Zoning districts where permitted PUDs are permitted in all zoning districts with the exception of the A-1, agricultural zone, provided, however, that PUDs in SR zones are only allowed if the site is at least one hundred (100) acres in size B Permitted uses 1 Principally permitted uses The principally permitted uses in PUDs shall be the same as those permitted in the underlying zoning classifications except as provided in subsection (13)(4) of this section 2 Conditional uses The conditional uses in PUDs shall be the same as those permitted in the underlying zoning classification The conditional use permit review I process may be consolidated with that of the PUD pursuant to procedures specified in subsection (F) of this section 3 Accessory uses Accessory uses and buildings which are customarily j incidental and subordinate to a principally permitted use are also permitted 4 Exceptions In residential PUDs often (10) acres or more, commercial uses maybe permitted Commercial uses shall be limited to those uses permitted in the neighborhood convemence district In PUDs located in SR zones, attached dwelling units are permitted only if they are condominiums created in accordance with the Washington Condominium Act, Chapter 64 34 RCW, provided that if a proposed PUD in a single- family zoning district includes condominiums, the density bonus provisions outlined in subsection (D) of this section shall not apply, and further provided that no condominium building may exceed two (2) stones C Development standards The following development standards are minimum requirements for a planned unit development i 1 Minimum lot size exclusion The minimum lot size requirements of the districts outlined in this title shall not apply to PUDs I 33 Revisions to Title 12 and 15 - Chapters 12.01, I5.02, 15.04, 15.08 and 15.09 2 Minimum site acreage Minimum site acreage for a PUD is established according to the zoning district in which the PUD is located, as follows Zones Minimum Site Acreage SR zones (SR-1, SR-2, SR-3, SR-4 5, SR-6, 100 acres SR-8) Multifamily (MR-D, MR-G, MR-M, MR-H) None Commercial, office and manufacturing zones None 3 Minimum perimeter budding setback The minimum perimeter building I setback of the underlying zone shall apply Multifamily transition area requirements shall apply to any multifamily developments (as provided in KCC 15 08 215), except where specifically exempted by administrative design review (as provided in KCC 15 09 045) The hearing examiner may reduce building separation requirements to the minimum required by the building and fire departments according with the criteria set forth in subsection (F)(1) of this section If an adjacent property is undevelopable under this title, the hearing examiner may also reduce the perimeter building setback requirement to the minimum standards in the city building and fire codes 4 Maximum height ofstructures The maximum height of structures of the underlying zone shall apply Multifamily transition area requirements shall apply to any multifamily developments (as provided in KCC 15 08 215) except where specifically exempted by administrative design review (as provided in KCC 15 09 045) The hearing examiner may authorize additional height in CC, GC, DC, CM, MI, M2 and M3 zones where proposed development in the PUD is compatible with the scale and character of adjacent existing developments 84 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 5 Open space ! a The standard set forth in this subsection shall apply to PUD residential developments only Each PUD shall provide a minimum of thirty-five (35) percent of the total site area for common open space In mixed use PUDs containing residential uses, thirty-five (35)percent of the area used for residential use shall be reserved as open space jb For the purpose of this section, open space shall be defined as land which is not used for buildings, dedicated public rights-of-way, traffic circulation and roads, parking areas, or any kind of storage Open space includes but is not limited to I privately owned woodlands, open fields, streams, wetlands, severe hazard areas, sidewalks, walkways, landscaped areas, gardens, courtyards or lawns Common open I' space may provide for either active or passive recreation c Open space within a PUT) shall be available for common use by the ! I residents, tenants or the general public, depending on the type of project 6 Streets If streets within the development are required to be dedicated to the city for public use, such streets shall be desigried in accordance with the standards outlined in the city subdivision code and other appropriate city standards If streets within the development are to remain in private ownership and remain as private streets, the following standards shall apply a Minimum private street pavement widths for parallel parking in residential planned unit developments Minimum private street pavement widths for parallel parking in residential planned unit developments are as follows I I No Parking Parking Parking One Side Both Sides j (feet) (feet) (feet) One-way streets 20 29 38 Two-way streets 22 31 40 85 Revisions to Title - and J - Chapters 12.01, 15.02, 15.041 15.08 and 15.09 The nummum widths set out in this subsection maybe modified upon review and approval by the city fire chief and the city traffic engineer providing they are sufficient to maintain emergency access and traffic safety A maintenance agreement for private streets within a PUD shall be required by the hearing examiner as a condition of PUD approval b Vehicle parking areas. Adequate vehicular parking areas shall be provided The required number of parking spaces may vary from the requirements of Ch. 15.05 KCC and shall be approved by the hearing examiner based upon a parking need assessment study submitted by the applicant and approved by the planning dHteeie--manager Vehicular parking areas may be provided by on-street parking or off- street parking lots. The design of such parking areas shall be in accordance with the standards outlined in Ch 15 05 KCC c One-wav streets One-way loop streets shall be no more than one 1 thousand five hundred (1,500) feet long d On-street parking On-street parking shall be permitted Privately owned and maintained "no parking"and"fire lane"signs may be required as determined by the city traffic engineer and city fire department chief I 7 Pedestrian walkways Pedestrian walkways shall be constructed of material deemed to be an all-weather surface by the public works director and planning j flrree-—manaeer 8. Landscaping I a Minimum perimeter landscaping of the underlying zone shall apply Additional landscaping shall be required as provided in Ch 15 07 KCC and KCC 15 08 215 b All PUD developments shall ensure that parking areas are integrated with the landscaping system and provide screening of vehicles from view from public streets Parking areas shall be conveniently located to buildings and streets while providing for landscaping adjacent to buildings and pedestrian access I I 86 Revisions to Title 12 and 15 - Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 c Solid waste collection areas and waste reduction or recycling collection areas shall be conveniently and safely located for onsite use and collection, and attractively site screened 9 Signs The sign regulations of Ch 15 06 KCC shall apply 10 Platting If portions of the PUD are to be subdivided for sale or lease, the procedures of the city subdivision code, as amended, shall apply Specific development standards such as lot size, street design, etc , shall be provided as outlined in subsection (E) of this section 11 Green River Corridor Any development located within the Green River Corridor special interest district shall adhere to the Green River Corridor special interest j district regulations 12 View regulations View regulations as specified in KCC 15 08 060 shall apply to all PUDs i 13 Shoreline master program Any development located within two hundred (200) feet of the Green River shall adhere to the city shoreline master program regulations D Density bonus standards The density of residential development for ' PUDs shall be based on the gross density of the underlying zoning district The hearing examiner may recommend a dwelling unit density not more than twenty (20) percent greater than that permitted by the underlying zone upon findings and conclusions that the amenities or design features which promote the purposes of this subsection, as follows, are provided 1 Open space A four(4)percent density bonus may be authorized if at least ten (10) percent of the open space is in concentrated areas for passive use Open space shall include significant natural features of the site, including but not limited to fields, woodlands, watercourses, and permanent and seasonal wetlands Excluded from the open j space definition are the areas within the building footprints, land used for parking, vehicular circulation or rights-of-way, and areas used for any kind of storage I 87 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 2 Active recreation areas A four (4) percent density bonus may be authorized if at least ten(10)percent of the site is utilized for active recreational purposes, including but not limited to jogging or walking trails, pools, children's play areas, etc Only that percentage of space contained within accessory structures that is directly used for active recreation purposes can be included in the ten (10) percent active recreation requirement 3 Stormwater drainage A two (2)percent density bonus maybe authorized jif stormwater drainage control is accomplished using natural onsite drainage features j Natural drainage feature may include streams, creeks, ponds, etc i 4 Native vegetation A four(4)percent density bonus maybe authorized if at least fifteen (15)percent of the native vegetation on the site is left undisturbed in large I I open areas 5 Parking lot size A two (2)percent density bonus maybe authorized if off- street parking is grouped in areas of sixteen (16) stalls or less, Parking areas must be separated from other parking areas or buildings by significant landscaping in excess of type V standards as provided in KCC 15 07 050 At least fifty (50) percent of these parking areas must be designed as outlined in this subsection to receive the density bonus 6 Mzred housing tvpes A two (2)percent density bonus may be authorized if a development features a mix of residential housing types Single-family residences, attached single units, condominiums, apartments and townhomes are examples of housing types The mix need not include some of every type 1 7 Project planning and management A two (2) percent density bonus may be granted if a design/development team is used Such a team would include a mixture of architects, engineers, landscape architects and designers A design development team i is likely to produce a professional development concept that would be consistent with the purpose of the zoning regulations 88 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, j� 15.08 and 15.09 ! These standards are thresholds, and partial credit is not given for partial attainment The site plan must at least meet the threshold level of each bonus standard in order for density bonuses to be given for that standard E Master plan approvals The master plan process is intended to allow approval of a generalized, conceptual development plan on a site which would then be constructed in phases over a longer period of time than atypical planned unit development The master plan approval process is typically appropriate for development which might occur on a site over a period of several years, and in phases which are not entirely predicable 1 Submittal requirements The distinguishing characteristic between a master plan development application and a planned unit development application is that a master plan development proposal is conceptual in nature However, the master plan application shall provide sufficient detail of the scope of the development, the uses, the amount of land to be developed and preserved, and how services will be provided The specific submittal requirements are noted below a A written description of the scope of the project, including total anticipated build-out (number of units of residential, gross floor area for commercial), and the types of uses proposed, b A clear vicinity map, showing adjacent roads, c A fully dimensional site plan, which would show the areas upon which development would occur, the proposed number of units or buildings in each phase 1 of the development, the areas would be preserved for open space or protection of i environmentally sensitive features, and a generalized circulation plan, which would include proposed pedestrian and bicycle circulation, d A generalized drainage and stormwater runoff plan, e A site map showing contours at not greater than five (5) foot 1 intervals and showing any wetlands, streams, or other natural features I 89 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 f A description of the proposed phasing plan g Documentation of coordination with the Kent school district h Certificates of water and sewer availability i Generalized building elevations showing the types of uses being proposed. 2 Denszty The gross density of a residential master plan project shall be the same as the density allowable in the underlying zoning district 3. Open space The criteria in subsection (C)(5) of this section shall apply 'I 4 Application process The application process for a master plan application shall be as outlined in subsection (F) of this section 5 Review criteria The review cntena for a master plan application shall be the same as those outlined in subsection (G) of this section 6 .Administrative approval of individual phases Once a master site plan PLD has been approved pursuant to subsection(F) of this section, any individual phase i of the development shall be reviewed and approved administratively, as outlined in Ch 15 09 KCC, provided that for each phase of development that includes a residential condominium, the applicant shall submit a copy of the condominium declaration recorded against the property, and as outlined in RCW 64 34 200 7 Time limits The master plan approved by the hearing examiner or city council, as provided in subsection (F) of this section, shall be valid for a period of up to ; seven(7) years At the end of this seven-year period, development permits must be issued i for all phases of the master plan development An extension of time may be requested by the applicant. A single extension may be granted by the planning d-iseetei-manaaer for a period of not more than two (2) more additional years 8 Modifications Once approved. requests for modifications to the master plan project shall be made in writing to the planning ffL—& aria er The planning jdifec manager shall make a determination as to whether the requested modification is i major or minor as outlined in subsection (1) of this section 90 Revisions to Title 12 and 15- ' Chapters 12.01, 15.02, I5.04, 15.08 and 15.09 F Application process The application process includes the following steps informal review process, comphance with the State Environmental Policy Act, community information meeting, development plan review, and public hearing before the hearing examiner 1 Informal review process An applicant shall meet informally with the planning department at the earliest possible date to discuss the proposed PUD The purpose of this meeting is to develop a project that will meet the needs of the applicant and the objectives of the city as defined in this title 2 SEPA compliance Compliance with the State Environmental Policy Act and regulations and city SEPA requirements shall be completed prior to development plan I review 3 Development plan review After informal review and completion of the SEPA process, a proposal shall next be reviewed by city staff through the development plan review process Comments received by the project developer under the development review process shall be used to formalize the proposed development prior to the development being presented at a public hearing before the hearing examiner 4 Community information meeting a A community information meeting shall be required for any proposed PUD located in a residential zone or within two hundred (200) feet of a i residential zone At this meeting, the applicant shall present the development proposed to interested residents Issues raised at the meeting maybe used to refine the PUD plan i I Notice shall be given in at least one (1) publication in the local newspaper at least ten (10) days prior to the public hearing Written notice shall be mailed first class to all property owners within a radius of not less than two hundred (200) feet of the exterior boundaries of the property subject to the application Any alleged failure of any property owner to actually receive the notice of hearing shall not invalidate the proceedings b Nonresidential PUDs not located within two hundred (200) feet of a residential zone shall not require a community information meeting 91 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 5 Public notice and hearing examiner public hearing The hearing exammer shall hold at least one (1) public hearing on the proposed PUD and shall give notice thereof in at least one(1)publication in the local newspaper at least ten(10)days prior to the public hearing Written notice shall be mailed first class to all property owners within a radius of not less than two hundred(200) feet of the exterior boundaries of the property subject to the application Any alleged failure of any property owner to actually receive the notice of hearing shall not invalidate the proceedings 6 Consolidation of land use permit processes The PUD approval process may be used to consolidate other land use permit processes which are required by other sections of this title The public hearing required for the PUD may serve as the public hearing for the conditional use permit, subdivision, shoreline substantial development and rezoning if such land use permits are a part of the overall PUD application When another land use permit is involved which requires city council approval, the PUD shall not be i deemed to be approved until the city council has approved the related land use permit If a public hearing is required for any of the categories of actions listed in this subsection, the hearing examiner shall employ the public hearing notice requirements for all actions considered which ensure the maximum notice to the public 7 Hearing eratmner decision The hearing examiner shall issue a written ' decision within ten (10) working days from the date of the hearing Parties of record will be notified in writing of the decision The decision is final unless notice of appeal is filed with the city clerk within fourteen (14) days of receipt by the developer of the decision For PUDs which propose a use which is not typically permitted in the underlying zoning district as provided in subsection(13)(4) of this section, the hearing examiner shall forward a recommendation to the city council, which shall have the final authority to approve or deny the proposed PUD For a proposed residential PUD that includes condominiums as outlined in subsection (13)(4) of this section, a condition of approval by the city council shall be that for each development phase the applicant shall submit a recorded copy of the covenants, conditions and restrictions recorded against the property. Within thirty (30) 92 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 mid 15.09 days of receipt of the hearing examiner's recommendation, the city council shall, at a regular meeting, consider the application 8 Effective date In approving a PUD, the hearing examiner shall specify that the approved PUD shall not take effect unless or until the developer files a completed development permit application within the time penods required by this title as set forth in subsection (G) of this section No official map or zoning text designations shall be amended to reflect the approved PUD designation until such time as the PUD becomes effective G Review criteria for planned unit developments Upon receipt of a complete application for a residential PUD, the planning department shall review the application and make its recommendation to the hearing examiner The hearing examiner shall determine whether to grant, deny or condition an application based upon the following review criteria 1 Residential planned unit development criteria a The proposed PUD project shall have a beneficial effect upon the community and users of the development which would not normally be achieved by traditional lot-by-lot development and shall not be detrimental to existing or potential surrounding land uses as defined by the comprehensive plan b Unusual environmental features of the site shall be preserved, maintained and incorporated into the design to benefit the development and the community c The proposed PUD project shall provide areas of openness by using techniques such as clustering, separation of building groups, and use of well- designed open space and landscaping d The proposed PUD project shall promote variety and innovation i in site and building design. Buildings in groups shall be related by common materials and roof styles, but contrast shall be provided throughout the site by the use of vaned materials, architectural detailing, building scale and orientation 43 Revisions to Title 12 and 15 - Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 C. Building design shall be based on a unified design concept, particularly when construction will be in phases 2 Nonresidential planned unit development criteria a The proposed project shall have a beneficial effect which would not normally be achieved by traditional lot-by-lot development and not be detrimental to present or potential surrounding land uses as defined by the comprehensive plan. b Unusual environmental features of the site shall be preserved, maintained and incorporated into the design to benefit the development and the community c The proposed project shall provide areas of openness by the clustering of buildings, and by the use of well-designed landscaping and open spaces Landscaping shall promote a coordinated appearance and break up continuous expanses of building and pavement d The proposed project shall promote variety and innovation in site i and building design It shall encourage the incorporation of special design features such I as visitor entrances, plazas, outdoor employee lunch and recreation areas, architectural focal points and accent lighting e Building design shall be based on a unified design concept, j particularly when construction will be in phases H Time Innits 1 Application for development permit The applicant shall apply for a development permit no later than one (1) year following final approval of the PUD The application for development permit shall contain all conditions of the PUD approval 2 Extensions An extension of time for development pertriit application may be requested in writing by the applicant Such an extension may be granted by the planning direetefmanager for a period not to exceed one (1) year If a development permit is not issued within two (2) years, the PUD approval shall become null and void and the PUD shall not take effect 94 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15,04, 15.08 and 15.09 J I Modifications of plan Requests for modifications of final approved plans shall be made in writing and shall be submitted to the planning department in the manner and form prescribed by the planning-dtreetermanaeer The criteria for approval of a request for a major modification shall be those criteria covering original approval of the permit which is the subject of the proposed modification 1 Minor modifications Modifications are deemed minor if all the following criteria are satisfied a No new land use is proposed, b No increase in density, number of dwelling units or lots is proposed, c No change in the general location or number of access points is proposed, d No reduction in the amount of open space is proposed, e No reduction in the amount of parking is proposed, I f No increase in the total square footage of structures to be developed is proposed, and I g No increase in general height of structures is proposed i Examples of minor modifications include but are not limited to lot line adjustments,minor relocations of buildings or landscaped areas, minor changes in phasing and timing, and minor changes in elevations of buildings 2 Mayor modifications Major adjustments are those which, as determined by the planning--t m.�,anager, substantially change the basic design, density, open space or other similar requirements or provisions Major adjustments to the development plans shall be reviewed by the hearing examiner The hearing examiner may review such adjustments at a regular public hearing If a public hearing is held, the process outlined in subsection (F) of this section shall apply The hearing examiner shall issue a written decision to approve, deny or modify the request Such a decision shall be final eke desisten y be rt I 95 Revisions to Title 12 and 15 - Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 EleeF of Any appeals of this decision shall be in accordance with KCC Section 12 01 040 SECTION 8. Section 15 09 030 of the Kent City Code, entitled "Conditional use permit" shall be amended to read as follows Sec. 15.09.030. Conditional use permit. 1 A Purpose I 1 Conditional use permits, revocable, conditional or valid for a tine period { may be issued by the hearing examiner for any of the uses or purposes for which such I permits are required or permitted by the terms of this title The purpose of the conditional use permit is to allow the proper integration into the community of uses which may be suitable only on certain conditions in specific locations in a zoning district, or if the site I is regulated in a particular manner A conditional use permit is categorized as a Process - III application and shall be subject to the requirements of Ch 2 32 KCC and Ch 12 01 KCC. 2 Any use existing at the time of adoption of this title which is within the scope of uses permitted by a conditional use permit in the district in which the property is situated shall be deemed a conforming use without necessity of a conditional use permit 3 Any expansion of an existing conditional use may be required to apply for a new conditional use permit if the planning dtt=eetar manaeer finds that there is a change I in the nature of the use by such expansion B Application 1 The owner or his agent may make application for a conditional use permit, which shall be on a form prescribed by the planning department and filed with the 96 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 10 planning department. Applications for conditional use permits shall be filed in accordance with the requirements of Ch 12 01 KCC 2 Development plans shall be submitted, drawn to scale, showing the actual dimensions and shape of the lot to be built upon, the exact sizes and locations on the lot of buildings already existing, if any, and the location on the lot of the proposed building or alteration The plans shall show proposed landscaping, off-street parking, signs, ingress and egress and adjacent land uses The plan shall include other information as may be required by the planning department C Public hearing The hearing examiner shall hold an open record public hearing on any proposed conditional use, and shall give notice thereof in accordance with the procedures established pursuant to Ch 2 32 KCC and KCC 12 01 130 and 12 01 140 'ID Standards and criteria for granting A conditional use permit shall only be granted after the hearing examiner has reviewed the proposed use to determine if it complies with the standards and criteria set forth below and in accordance with the requirements for Process III applications under Ch 12 01 KCC A conditional use permit shall only be granted if such finding is made 1 The proposed use in the proposed location will not be detrimental to other uses legally existing or permitted outright in the zoning district 2 The size of the site is adequate for the proposed use 3 The traffic generated by the proposed use will not unduly burden the traffic circulation system in the vicinity 4 The other performance characteristics of the proposed use are compatible with those of other uses in the neighborhood or vicinity 5 Adequate buffering devices such as fencing, landscaping or topographic characteristics protect adjacent properties from adverse effects of the proposed use, including adverse visual or auditory effects 6 The other uses in the vicinity of the proposed site are such as to permit the proposed use to function effectively ICI 97 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 7 The proposed use complies with the performance standards, parking requirements and other applicable provisions of this title 8 Any other similar considerations may be applied that may be appropriate to a particular case E Action of hearing examiner 1 Special conditions may be imposed on the proposed development to ensure that the proposed use will meet the standards and criteria of subsection(D) of this section in granting a conditional use permit. Guarantees and evidence that such conditions are being complied with may be required Is �iag F Appeals The decision of the hearing examiner shall be final, unless an appeal is made to the city council within fourteen (14) calendar days after the hearing examiner's notice of decision The appeal shall be in wnting to the city council and filed with the city clerk in accordance with the procedures established in KCC 12 01 190 G Period of validity Any conditional use permit granted by the hearing examiner shall remain effective only for i*ie-1 +three L3Lycars unless the use is begun within that time or construction has commenced If not in use or construction has not commenced I within one (1) three 3 years, the conditional use permit shall become invalid I 98 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 SECTION 9. Section 15 09 040(E) of the Kent City Code, entitled "Variances" shall be amended to read as follows Sec. 15.09.040. Variances. The hearing examiner shall have the authority to grant a variance where practical difficulties, unnecessary hardships and results inconsistent with the general purposes of this title might result from the strict application of certain provisions A vanance may not be granted to allow a use that is not in conformity with the uses specified by this title for the district in which the land is located (Note Sign variances are heard by the city hearing examiner) A Application The owner or his agent may make application for a variance, which shall be on a form prescribed by the planning department and filed with the planning department An application for a variance shall be filed in accordance with the requirements of Ch 12 01 KCC 1 A variance is categorized as a Process III application and shall be subject i to the requirements of Ch 12 01 KCC B Public hearing The hear-in-, examiner shall hold an open record public heanng on any proposed variance in accordance with the requirements of Ch 2 32 KCC and Ch 12 01 KCC C Conditions for granting Before any variance may be granted, it shall be shown and the hearing examiner shall find that 1 The variance shall not constitute a grant of special privileges inconsistent with a limitation upon uses of other properties in the vicinity and zone in which the property on behalf of which the application was filed is located, 2 Such variance is necessary, because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property, to provide it 99 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located, and 3 The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated D J putsudnt to C,.apte. 36 70C R C Appeals The decision of the hearing examiner shall be final, unless an appeal is made to the city council within fourteen (14) calendar days j after the heann!Z examiner's notice of decision The appeal shall be in writing to the city council and filed with the city clerk in accordance with the procedures established in KCC 12 01 190 E Period of validity Any variance authorized by the hearing examiner shall remain effective only for exe Fl�three 3 years, unless the use is begun within that time or construction has commenced If not in use or construction has not commenced within eiie O+three 3 years, the variance shall become invalid SECTION 10. Section 15 09 042 of the Kent City Code, entitled "Administrative variances," is hereby amended to read as follows 'I I i Sec. 15.09.042. Administrative variances. A Scope The planning mans grdireeter shall have the authority to grant an administrative variance for up to twenty-five (25) percent of the numerical zoning code standard for setbacks, lot coverage, and building height as provided in this title 13 Application The owner or his/her agent may make application for an administrative variance, which shall be on a form prescribed by the planning manager&eetee and filed with the planning department An administrative variance is i 100 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and I5.09 classified as a Process 11 application and shall be subject to the applicable requirements iof Ch 12 01 KCC The planning managerdrreeter shall review applications for completeness, and a notice of completeness will be issued within twenty-eight (28) calendar days after submittal Those applications deemed incomplete shall be returned to the applicant for further action in accordance with the provisions of KCC 12 01 100 G Pubhenenee Pub lie tie ttee of the apph eattaii peading review shall be mailed to the .,pphe&4 acid to . rope.-t.. owners within thfee h+iadre,a (300) feet of the .ubj eot I of e.... pleteness ('onff..e..ts fiem eaneemed pubes ...ill ben teA f f- ., ..ddAtenal te.. I (10) e..le..da f- A-S L'e116...,..,.tile e.,.7 eF tl,e eeffl e..t pene.i the planning, direeter shall CD Conditions for granting an administrative variance The planning managerdifeeter may grant an administrative variance if it is shown that I; I 1 The administrative variance does not detract from the desired character and nature of the vicinity in which it is proposed, 2 The administrative variance enhances or protects the character of the neighborhood or vicinity by protecting natural features. historic sites. open space, or other resources, 3 The administrative variance does not interfere with or negatively impact the operations of existing land uses and all legally permitted uses within the zoning district it occupies, and 4 Granting the administrative variance does not constitute a threat to the public health, safety and welfare within the city E Appeals, Appeals of the planning direster—manager shall be submitted within fourteen (14) calendar days of the date of the EhFeCtOr=s-manager's decision and shall be I ,,ord appeal hearing 'e _ensi 'er the appeal in accordance with the requirements of Ch 32KCCe.dGh- 1201190KCC 101 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04. 15 08 and 15.09 SECTION 11. Severability If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect SECTION 12. Savings Clause Zoning Code provisions amended by this ordinance shall remain in force and effect until the effective date of this ordinance i SECTION 13. Effective Dare This Ordinance shall Cake effect and be in force five (5) days from the time of its final approval and passage as provided by law II JIM WHITE. MAYOR 1 iATTEST l i BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM i TOM BRUBAKER, CITY ATTORNEY 102 Revisions to Title 12 and 15 - Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 PASSED day of 12002 APPROVED day of 2002 PUBLISHED day of 2002 I I hereby certify that this is a true copy of Ordinance No , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated I I I (SEAL) BRENDA JACOBER, CITY CLERK P'GnPOrdln C%TnlLISli[IC 1'Chapmrs1]011502 1504 150615 McvmonA 1002 doc I I it I 103 Revisions to Title 12 and 15- Chapters 12.01, 15.02, 15.04, 15.08 and 15.09 Z�t�� I _E� • PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director -.000". Phone 253-856-5500 KENT Fax 253-856-6500 W qS MINGTON _ Address 220 Fourth Avenue 5 Kent,WA 98032-5895 Date May 6, 2002 To Ma City Council From Don Wickstrom, Public Works Director Subject Meadow Hills Sanitary Sewer As you may recall from my recent e-mail,we had a failure in the sewer force main for the pumping station that services the Meadow Hill development and its surrounding tributary area The Meadow Hills pumping station is located on the north side of S E 256`s St at about the 12300 block, across the street from Kent School District's adirtmistrative offices To repair the force main the new street would have to be dug up which is something we would lice to avoid since the • neighborhood/community is just recuperating from two years of street construction To cut the street would cost approximately $30,000 and further, it would be a waste since we were planning to construct a gravity extension this Fall that would eliminate the need for this pumping station So what we are doing is expediting the gravity sewer construction project This project is now out to bid with the opening date set for May 8"which unfortunately is one day after the May 7"' Council meeting It's unfortunate because time is critical as it is costing approximately$13,000 per week to pump around the force main problem using tanker trucks, etc As such,we are adding the award of the construction contract for the gravity sewer extension to your May 7" Council agenda We are requesting Council's authorization for the Mayor to award the contract, subject to my concurrence therewith We estimate the cost of the construction work to range from $277,000 to $340,000 The funding therefore is included in our East Hill Interceptor project fund Further, m an effort to reduce the $13,000 per week to pump around,we have also proceeded for about $4000 with an effort to make a temporary internal fix of the force main If it works, we will have eliminated said pump around costs and if it doesn't, we will continue to pump around MOTION Councilmember moves, Councilmember seconds that the Mayor be authorized to award the Meadow Hills Sanitary Sewer contract to the apparent low bidder, upon concurrence therewith of the Public Works Director MeadowHillsPumpStation • Kent City Council Meeting Date May 7, 2002 Category Bids 1 SUBJECT: KENT COMMONS RE-ROOF 2 . SUMMARY STATEMENT: The bid opening for this project was held on April 5, 2002 with 9 bids received. The low bid was submitted by Pacific Sheet Metal in the amount of $110 , 140 . 00 . The Engineer' s estimate was $148 , 000 . 00 . The Parks Director recommends awarding the contract to Pacific Sheet Metal , for $110 , 140 . 00 plus Washington State Sales Tax. . 3 . EXHIBITS: Bid tab 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) S . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $110 , 140 . 00 SOURCE OF FUNDS . 7 . CITY COUNCIL ACTION: Councilmember_ A moves, Councilmember seconds that the Commons Re-roof project be awarded to Pacific Sheet Metal for the bid amount of $110, 140 . 00 plus Washington State Sales Tax. DISCUSSION: ACTION. N C_ Council Agenda Item No. 8A Page 1 WEST'S REVISED CODE OF WASHINGTON ANNOTATED TITLE 35A OPTIONAL MUNICIPAL CODE CHAPTER 35A 40. FISCAL PROVISIONS APPLICABLE TO CODE CITIES Copr (0 West Group 2002 All rights reserved Current through Chapter 3 of 2002 Regular Session 35A 40 210 Public work contracts or purchases--Procedures Procedures for any public work or improvement contracts or purchases for code cities shall be governed by the following statutes,as indicated (1)For code cities of twenty thousand population or over, RCW 35 22 620, and (2)For code cities under twenty thousand population, RCW 35 23 352 WASHINGTON 2002 LEGISLATIVE SERVICE 57th Legislature.2002 Regular Session Copr © West Group 2002 All rights reserved Additions are indicated by<<+Text+>> deletions by <<-Text->> Changes in tables are made but not highlighted Vetoed provisions within tabular material are not displayed CHAPTER 94 H B No 2527 PUBLIC WORKS--DAY LABOR LIMITS AN ACT Relating to revising certain day labor hunts to account for inflation, and amending RCW 35 22 620 and 35 23 352 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON See 1.RCW 35.22.620 and 2000 c 138 s 203 are each amended to read as follows <<WA ST 35 22 620>> (1)As used in this section, the term"public works" means as defined in RCW 39 04 010 (2) A first class city may have public works performed by contract pursuant to public notice and call for competitive bids As limited by subsection(3) of this section, a first class city may have public works performed by city employees in any annual or biennial budget period equal to a dollar value not exceeding ten percent of the public works construction budget, including any amount in a supplemental public works construction budget, over the budget period The amount of public works that a first class city has a county perform for it under RCW 35 77 020 shall be included within this ten percent limitation If a first class city has public works performed by public employees in any budget period that are in excess of this ten percent limitation, the amount in excess of the permtted amount shall be reduced from the otherwise permitted amount of public works that may be performed by public employees for that city in its next budget period Twenty percent of the motor vehicle fuel tax distributions to that city shall be withheld if two years after the year in which the excess amount of work occurred, the city has failed to so reduce the amount of public works that it has performed by public employees The amount so withheld ,hall be distributed to the city when it has demonstrated in its repons to the state auditor that the amount of public works it has performed by public employees has been so reduced Copr © West 2002 No Clarm to Ong U S Govt Works Page 2 Whenever a first class city has had public works performed in any budget period up to the maximum permitted amount for that budget period, all remaining public works within that budget period shall be done by contract pursuant to public notice and call for competitive bids The state auditor shall report to the state treasurer any first class city that exceeds this amount and the extent to which the city has or has not reduced the amount of public works it has performed by public employees in subsequent years (3) In addition to the percentage limmtaton provided in subsection (2) of this section a first class city with a population in excess of one hundred fifty thousand shall not have public employees perform a public works project in excess of<<-fifty->><<+seventy+>> thousand dollars<<+, or ninety thousand dollars after January 1, 2010,+>> if more than a single craft or trade is involved with the public works project, or a public works project in excess of <<-twenty-five->><<+thrty-five+>>thousand dollars<<+, or forty-five thousand dollars after January 1,2010,+>> if only a single craft or trade is involved with the public works project or the public works project is street signalization or street lighting In addition to the percentage limitation provided in subsection (2) of this section, a first class city with a population of one hundred fifty thousand or less shall not have public employees perform a public works project in excess of <<-thirty- five->> <<+fifty+>> thousand dollars<<+, or sixty-five thousand dollars after January 1, 2010,+>> of more than one craft or trade is involved with the public works project, or a public works project in excess of<<- twenty->><<+thirty+>> thousand dollars<<+, or forty thousand dollars after January 1, 2010,+>> if only a single craft or trade is involved with the public works project or the public works project is street signalization or street lighting A public works project means a complete project The restrictions in this subsection do not perrrut the division of the project into units of work or classes of work to avoid the restriction on work that may be performed by day labor on a single project (4) In addition to the accounting and record-keeping requirements contained in RCW 39 04 070, every first class city annually shall prepare a report for the state auditor indicating the total public works construction budget and supplemental public works construction budget for that year, the total construction costs of public works performed by public employees for that year, and the amount of public works that is performed by public employees above or below ten percent of the total construction budget However, if a city budgets on a biennial basis, this annual report shall indicate the amount of public works that is performed by public employees within the current biennial period that is above or below ten percent of the total biennial construction budget Each first class city with a population of one hundred fifty thousand or less shall use the form required by RCW 43 09 205 to account and record costs of public works in excess of five thousand dollars that are not let by contract (5)The cost of a separate public works project shall be the costs of materials, supplies, equipment, and labor on the construction of that project The value of the public works budget shall be the value of all the separate public works projects within the budget (6)The competitive bidding requirements of this section may be waived by the city legislative authority pursuant to RCW 39 04 280 if an exemption contained within that section applies to the work or contract (7) In lieu of the procedures of subsections (2) and (6) of this section, a first class city may let contracts using the small works roster process in RCW 39 04 155 Whenever possible, the city shall invite at least one proposal from a minority or woman contractor who shall otherwise qualify under this section (8) The allocation of public works projects to be performed by city employees shall not be subject to a collective bargaining agreement (9) This section does not apply to performance-based contracts, as defined in RCW 39 35A 020<<-(3)- >><<+(4)+>>,that are negotiated under chapter 39 35A RCW (10) Nothing in this section shall prohibit any first class city from allowing for preferential purchase of products made from recycled materials or products that may be recycled or reused Is Copr �O West 2002 No Claim to Ong U S Govt Works PARKS FACILITIES BID TAB PROJECT: Kent Commons Re-roof BID OPENING April 5, 2002, 10 : 15 AM BIDDER BID ALTERNATE Pacific Sheet Metal $100 , 000 $10 , 140 Snyder Roofing $108 , 000 $ 9, 000 Stanley Roofing $107, 845 . 00 $ 9, 390 Pacific Rainier Roofing $109, 936 $11 , 000 Crow Roofing & Sheet Metal $115 , 112 $14, 275 Wayne' s Roofing $120, 600 $12 , 000 Krueger Sheet Metal $129, 500 $ 9, 430 Rainbow Federal $156 , 469 $ 9 , 326 Scholten Roofing $197, 362 $15 , 000 Kent City Council Meeting Date May 7, 2002 Category Bids 1 . SUBJECT: 98TH AVENUE SOUTH WIDENING 2 . SUMMARY STATEMENT: The bid opening for this project was held on April 18th with three bids received. The low bid was submitted by R W. Scott Construction in the amount of $417 , 861 . 70 , including tax. The Engineer' s estimate was $383 , 634 . 50 including tax. The Public Works Director recommends awarding this contract to R.W. Scott Construction, establishing a budget for the project and declaring the City' s intent to bond for a portion of the funds . 3 . EXHIBITS : Public Works Director memorandum 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $417, 861 70 SOURCE OF FUNDS: R20011 7 . CITY COUNCIL ACTION: Councilmember_QAA,1 moves, Councilmember Pa�UMp17 seconds that the 98th Avenue South Widening contract be awarded to R.W. Scott Construction, establish a budget for the project and to declare intent to bond for a portion of the funds . DISCUSSION: ` nn • ACTION- Council Agenda Item No. 8B Page 1 WEST'S REVISED CODE OF WASHINGTON ANNOTATED TITLE 35A. OPTIONAL MUNICIPAL CODE CHAPTER 35A.40. FISCAL PROVISIONS APPLICABLE TO CODE CITIES Copr © West Group 2002 All tights reserved Current through Chapter 3 of 2002 Regular Session 35A 40 210 Public work contracts or purchases--Procedures Procedures for any public work or improvement contracts or purchases for code cores shall be governed by the following statutes, as indicated (1)For code cities of twenty thousand population or over,RCW 35 22 620, and (2)For code cities under twenty thousand population,RCW 35 23 352 WASHINGTON 2002 LEGISLATIVE SERVICE 57th Legislature,2002 Regular Session Copr © West Group 2002 All rights reserved Additions are indicated by<<+Text+>>, deletions by <<-Text->> Changes in tables are made but not highlighted Vetoed provisions within tabular material are not displayed CHAPTER 94 H B No 2527 PUBLIC WORKS--DAY LABOR LIMITS AN ACT Relating to revising certain day labor limits to account for inflation, and amending RCW 35 22 620 and 3523 352 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON See I RCW 35.22.620 and 2000 c 138 s 203 are each amended to read as follows <<WA ST 35 22 620>> (1)As used in this section,the term"public works"means as defined in RCW 39 04 010 (2) A first class city may have public works performed by contract pursuant to public notice and call for competitive bids As limited by subsection(3) of this section, a first class city may have public works performed by city employees in any annual or biennial budget period equal to a dollar value not exceeding ten percent of the pubhc works construction budget, including any amount in a supplemental public works construction budget, over the budget period The amount of public works that a first class city has a county perform for it under RCW 35 77 020 shall be included within this ten percent limitation If a first class city has public works performed by public employees in any budget period that are in excess of this ten percent limitation, the amount in excess of the permitted amount shall be reduced from the otherwise permitted amount of public works that may be performed by public employees for that city in its next budget period Twenty percent of the motor vehicle fuel tax distributions to that city shall be withheld if two years after the year in which the excess amount of work occurred, the city has failed to so reduce the amount of public works that it has performed by public employees The amount so withheld shall be distributed to the city when it has demonstrated in as reports to the state auditor that the amount of public works it has performed by public employees has been so reduced Copr © West 2002 No Claim to Ong U S Govt Works Page 2 Whenever a first class city has had public works performed in any budget period up to the maximum permitted amount for that budget period, all remaining public works within that budget period shall be done by contract pursuant to public nonce and call for competitive bids The state auditor shall report to the state treasurer any first class city that exceeds this amount and the extent to which the city has or has not reduced the amount of public works it has performed by public employees in subsequent years (3) In addition to the percentage limitation provided in subsection (2) of tlus section, a first class city with a population in excess of one hundred fifty thousand shall not have public employees perform a public works project in excess of<<-fifty->><<+seventy+>> thousand dollars<<+, or mnety thousand dollars after January 1, 2010,+>> if more than a single craft or trade is involved with the public works project, or a public works project in excess of <<-twenty-five->><<+thirty-five+>>thousand dollars<<+, or forty-five thousand dollars after January 1,2010,+>> if only a single craft or trade is involved with the public works project or the public works project is street signalization or street lighting In addition to the percentage lirmtanon provided in subsection (2) of this section, a first class city with a population of one hundred fifty thousand or less shall not have public employees perform a public works project in excess of <<-thirt}- five->> <<+fifty+>> thousand dollars<<+, or sixty-five thousand dollars after January 1, 2010,+» if more than one craft or trade is involved with the public works project, or a public works project in excess of<<- twenty->><<+thirty+>> thousand dollars<<+ or forty thousand dollars after January 1, 2010+>> if only a single craft or trade is involved with the public works project or the public works project is street signalization or street lighting A public works project means a complete project The resincnons in this subsection do not permit the division of the project into units of work or classes of work to avoid the restriction on work that may be performed by day labor on a single project (4) In addition to the accounting and record-keeping requirements contained in RCW 39 04 070, every first class city annually shall prepare a report for the state auditor indicating the total public works construction budget and supplemental public works construction budget for that year, the total construction costs of public works performed by public employees for that year, and the amount of public works that is performed by public employees above or below ten percent of the total construction budget However, if a city budgets on a biennial basis, this annual report shall indicate the amount of public works that is performed by public employees within the current biennial period that is above or below ten percent of the total biennial construction budget Each first class city with a population of one hundred fifty thousand or less shall use the form required by RCW 43 09 205 to account and record costs of public works in excess of five thousand dollars that are not let by contract (5)The cost of a separate public works project shall be the costs of materials, supplies, equipment, and labor on the construction of that project The value of the public works budget shall be the value of all the separate public works projects within the budget (6)The competitive bidding requirements of this section may be waived by the city legislative authority pursuant to RCW 39 04 280 if an exemption contained within that section applies to the work or contract (7) In lieu of the procedures of subsections (2) and(6) of this section, a first class city may let contracts using the small works roster process in RCW 39 04 155 Whenever possible, the city shall invite at least one proposal from a minority or woman contractor who shall otherwise qualify under this section (8) The allocation of public works projects to be performed by city employees shall not be subject to a collective bargauung agreement (9) Tlus section does not apply to performance-based contracts, as defined in RCW 39 35A 020<<-(3)- >x<+(4)+>>,that are negotiated under chapter 39 35A RCW (10) Nothing in this section shall prohibit any first class city from allowing for preferential purchase of products made from recycled materials or products that may be recycled or reused Copr © West 2002 No Claim to Ong U S Govt Works COMMUNITY DEVELOPMENT Mike H Martin, Deputy Chief Administrative Officer PUBLIC WORKS DEPARTMENT Don E Wrckstrom, P E Public Works Director one 253 DENT PhFax 253-856-6500 W ASHINGTON Address 220 Fourth Avenue S Kent,WA 98032-5895 Date - May 7, 2002 To : Mayor & City Council From Don Wickstrom, Public Works Director Subject 98th Avenue South Widening Bid opening for this project was held on April 18th with 3 bids received. The low bid was submitted by R W. Scott Construction in the amount of $417, 861 . 70 including sales tax The Engineer ' s estimate was $383 , 634 . 50 including sales tax The Public Works Director recommends awarding this contract to R W Scott Construction, recommends establishing a budget for the project and declare intent to bond for a portion of the funds . Bid Summary R.W. Scott Construction $417 , 861 70 Mer-Con, Inc . $418 , 984 . 28 Westwater Construction Co. $423 , 451 .24 Engineer' s Estimate $383 , 634 50 MOTION Councilmember moves, Councilmember seconds that the 98th Avenue South Widening contract be awarded to R.W Scott Construction, recommends establishing a budget for the project and declare intent to bond for a portion of the funds . REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT_C 7— r ( YUW� 5CA COY (�l 31 C1-5 Pm) Crm h cucA:e-r a 77 J t08 B. OPERATIONS COMMITTEE C. PUBLIC SAFETY COMMITTEE �� ✓( 1}'1 � � D PUBLIC WORKS Civil @ pm E PLANNING COMMITTEE 01', F. PARKS COMMITTEE G ADMINISTRATIVE REPORTS tT6y�l P�JA,,v,g LjjeG Y1 7Yl�j REPORTS FROM SPECIAL COMMITTEES k'o � i� . CONTINUED COMMUNICATIONS A. • • EXECUTIVE SESSION A) Property Acquisition B) Pending Litigation