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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 03/04/2003 0 wj XA4 M :I IL I City of Kent City Council Meeting Agenda March 4, 2003 Mayor Jim White Councilmembers Judy Woods, Council President Tim Clark Julie Peterson Connie Epperly Bruce White Leona Orr Rico Yingling KENT WA5MINGTON City Clerk's Office SUMMARY AGENDA KENT CITY COUNCIL MEETING KEN T March 4, 2003 W A S N 1 N O T O N Council Chambers 7:00 p.m. MAYOR: Jun White COUNCILMEMBERS. Judy Woods,President Tim Clark Conine Epperly Leona Orr Julie Peterson Bruce White Rico Yingling r*****►rr***r**rrw*awr*r**r***rrxM*�+xrssr*s**��.**r«x*s•*s•*:**rer*:►�**�r•�*�** 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA /A. FROM COUNCIL, ADMINISTRATION, OR STAFF ✓B. FROM THE PUBLIC 4. PUBLIC COMMUNICATIONS ✓A. Employee of the Month /B. King County Council Member Juha Patterson Update ''C. Employee of the Year VD 2001 Government Finance Officers Association(GFOA)Annual Report Award VE. /P SQ,latnaws—Red Cross Month m �� 5. / PUBLIC HEHARINGS v b /�pPoinfus None 6. CONSENT CALENDAR i ✓A Minutes—Approve k11-1 �B. Bills—Approve V C Km5 County Youth Sports Facility Grant°Accept and Am d Budget i'A 4O b5"0 Pe+fG ,tee TPV;nfmnt 7. OTHER BUSINESS A. Coblentz Rezone—Approve B. (� 2002 Annual Comprehensive Plan Amendments v C • �csem2n"r 8. BIDS �gro os� ✓A lst Avenue North/4th Avenue North Widening and Utility Trenching 9 REPORTS FROM STANDING COMMITTEES AND STAFF 1 � State, 10. REPORTS FROM SPECIAL COMMITTEEgSob p,gc,ev` 11 CONTINUED COMMUNICATIONS j i� dale e{ c-o Qe(� Cyvio.l 12. NE SESSION 2) poa n 1 L 13. ✓ ACT10N AFTER EXECUTIVE SESSION 14. ✓ ADJOURNMENT NOTE. A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library The Agenda Summary page is on the City of Kent web site at www ci kent.wa us An explanation of the agenda format is given on the back of this page Any person requiring a disability accommodation should contact the City Clerk's Office in advance at(253)856-5725 For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388 a A 02 rot..4QMlUIx � ` s�v 16 U ¢ ro af Ale K a ro 5 !zl as L. `b dii aP 2 '�a 'yya���1 o' a ab +Y © U v w ry ro VL ¢' _E a a C ram, O C • ' EEC a sl xv ° UZI w fia lo.gC `L,Alft M CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC • PUBLIC COMMUNICATIONS A) EMPLOYEE OF THE MONTH B) KING COUNTY COUNCIL MEMBER JULIA PATTERSON UPDATE C) EMPLOYEE OF THE YEAR D) 2001 GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA) ANNUAL REPORT AWARD E) PROCLAMATION-RED CROSS MONTH CONSENT CALENDAR 6 City Council Action. Councilmember moves, Councilme ber seconds to approve Consent Calendar Items A through �C DP Discussion Action 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of February 18, 2003. • 613 Approval of Bills. Approval of payment of the bills received through February 15 and paid on February 15 after auditing by the Operations Committee on February 18, 2003. Approval of checks issued for vouchers: Date Check Numbers Amount 2/15/03 Wire Transfers 1357-1365 $ 921,551.69 2115103 Prepays & 544477 1,330,091.79 2/15/03 Regular 545042 909,284.71 $3,160,928.19 Approval of checks issued for payroll for February 1 through February 15 and paid on February 20, 2003: Date Check Numbers Amount 2/20/03 Checks 266594-266891 $ 238,969.91 2/20/03 Advices 142226-142909 1,192,537.41 $1,431,507.32 Council Agenda Item No. 6 A-B KEN T Kent, Washington February 18 , 2003 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, Peterson, White, and Yingling. Others present : Chief Administrative Officer Martin, City Attorney Brubaker, Public Works Director Wickstrom, Finance Director Miller, Police Chief Crawford, Parks, Recreation and Community Services Director Hodgson, Fire Chief Schneider. Councilmember Woods was excused. Approximately 45 people were in attendance. (CFN-198) CHANGES TO THE AGENDA Councilmember Orr noted a change on Item H blue sheet should reflect approved by Operations Committee not Public Safety Committee. CAO Martin noted administrative changes to Items C, D, E, L, & M should read As recommended by Public Works Director not Public Works Committee and Item L should include the street portion along 132nd Ave . SE and Kent Kangley. He also removed Public Communications Item 4C. (CFN-198) PUBLIC COMMUNICATIONS Community Arts Grant Recipients. Ronda Billerbeck of the Parks Department announced the recipients of the 2003 Community Arts Support Program Awards as follows: Rainier Symphony, Rainier Chorale, Martin Sortun Elementary, Kent Senior Activity Center, Kent Specialized Recreation, Kent Community Players, Kent Civic and Performing Arts Board, and Fairwood Elementary. Mayor White congratulated the winners and presented each with a certificate. (CFN-118) State of the City Address. Mayor White gave his annual State of the City Address, noting that the City faces significant challenges and is well positioned to meet them. He said the city is organizationally strong, politically stable, and secure despite mounting economic pressures . Mayor White noted that last year, our city, like our nation, was in the grip of a declining economy and that it would move forward, despite the economic constraints, in the years to come. Mayor White noted that serious crimes have declined since 1998, and that in 2002 , the Fire Department responded to 13 , 000 calls . Mayor White stated that Wilson Playfield opened in 2002 , was a state-of-the-art facility and part of 1400 acres of city parkland. He noted that in 2002, 1 Kent City Council Minutes February 18, 2003 PUBLIC COMMUNICATIONS the City and the City of Auburn finished the second phase of the 277th Corridor to link the Valley to I5 . He stated that the Permit Center had processed more than 90% of all permits in a timely manner. Other issues addressed were the new Tacoma Pipeline water source, CDBG funding, the Kent-Meridian pool , Kent Station ground- breaking, the Pacific Gateway master plan, a soccer complex on the Midway Landfill site, and the beginning of design work on a third cross-valley corridor. Mayor White said that safety would be emphasized, but that voter mandates, state legislation, statutory changes, and county actions would severely limit the city budget and that Council would need to make serious decisions in the coming years . (CFN-198) Introduction of Appointees. Mayor White introduced Tom Hale, appointee to the Kent Bicycle Advisory Board. (CFN-997) CONSENT CALENDAR ORR MOVED to approve Consent Calendar Items A through M, as amended. Peterson seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 6A) (CFN-198) Approval of Minutes. Approval of the minutes of the regular Council meeting of February 4 , 2003 . BILLS OF SALE (CONSENT CALENDAR - ITEM 6C) (CFN-484) Bigfoot Java Bill of Sale. Accept the Bill of Sale for Bigfoot Java submitted by Bigfoot Properties II , LLC for continuous operation and maintenance of 369 feet of watermain, as recommended by the Public Works Director. The bonds will be released after the maintenance period. This project is located at 21100 84th Ave South. (CONSENT CALENDAR - ITEM 6D) (CFN-484) Kentwood Townhomes Bill of Sale. Accept the Bill of Sale for Kentwood Townhomes submitted by Kentwood Valley LLC for continuous operation and maintenance of 1, 402 feet of . watermain, 1, 294 feet of sewers, 1, 743 . 65 feet of street 2 Kent City Council Minutes February 16, 2003 BILLS OF SALE improvements and 1, 457 feet of storm sewers, as recom- mended by the Public Works Director. The bonds will be released after the maintenance period. This project is located at SE 260th St . and 108th Ave . SE. (CONSENT CALENDAR - ITEM 6E) (CFN-484) Les Schwab Kent Bill of Sale. Accept the Bill of Sale for Les Schwab Kent submitted by Les Schwab Tire Center of Washington, Inc. , for continuous operation and maintenance of 210 feet of street improvements and 226 feet of storm sewers, as recommended by the Public Works Director. The bonds will be released after the maintenance period. This project is located at South 252nd Street . (CONSENT CALENDAR - ITEM 6L) (CFN-484) Safeway #1966 Bill of Sale. Accept the Bill of Sale for Safeway #1966 submitted by Safeway for continuous operation and maintenance of 1, 224 . 10 feet of sewers, 811 .49 feet along 132nd Ave . SE and 648 . 64 feet along Kent Kangley Road of street improvements and 914 .76 feet of storm sewers, as recommended by the Public Works Director The bonds will be released after the maintenance period. This project is located at 27211 132nd Ave. S . (CONSENT CALENDAR - ITEM 6M) (CFN-484) Morford Glen Bill of Sale. Accept the Bill of Sale for Morford Glen submitted by Paul Morford for continuous operation and maintenance of 340 feet of watermain, 331 feet of street improvements, 135 feet of storm sewers, as recommended by the Public Works Director. Bonds to be released after the maintenance period. This project is located at 21615 94th Place South. PUBLIC WORKS (CONSENT CALENDAR - ITEM 6F) (CFN-102) 718t Avenue South Street Vacation. Passage of Resolution No. 1635 setting the public hearing on the street vacation petition for a portion of S . 181st Street and 71st Avenue S . for April 1 , 2003 . 3 Kent City Council Minutes February 18, 2003 PUBLIC WORKS (CONSENT CALENDAR - ITEM 6G) (CFN-239) SE 288th and 216th Avenue SE Request for Easement. Authorization for the Mayor to execute the respective document (s) granting an easement for roadway purposes at the intersection of SE 288th St and 216th Ave . SE, as recommended by the Public Works Committee. (CONSENT CALENDAR - ITEM 6I) (CFN-1237) SE 256th Street Improvements. Accept the SE 256th Street Improvement project as complete and release retainage to Scarsella Brothers upon standard releases from the state and release of any liens, as recommended by the Public Works Committee. The original contract amount was $4 , 948, 725 .28 . The final contract amount was $6, 333 , 654 .25 . Adequate funds exist within the project budget to cover this overage. POLICE (CONSENT CALENDAR - ITEM 6H) (CFN-122) Seattle & King County Public Health Grant Increase. Acceptance of Seattle & King County Public Health funding in the amount of $4, 000 . 00 as an Amendment to Contract D315391), and amend the budget for same. The Kent Police Department has received notification of the award of an additional $4 , 000 . 00 mini-grant to be combined with the original funding for use with the Youth Conference follow-up activities involving alcohol and other drug prevention programs. FINANCE (CONSENT CALENDAR - ITEM 6B) (CFN-104) Approval of Bills. Approval of payment of the bills received through January 31 and paid on January 31 after auditing by the Operations Committee on February 4 , 2003 . Approval of checks issued for vouchers : Date Check Numbers Amount 1/31/03 Wire Transfers 1347-1356 $1, 227, 251 .29 1/31/03 Prepays & 543838 561, 029 . 39 1/31/03 Regular 544476 2 , 665, 933 . 84 $4 , 454, 214 . 52 4 Kent City Council Minutes February 18, 2003 FINANCE Approval of checks issued for payroll for January 16 through January 31 and paid on February 5, 2003 : Date Check Numbers Amount 2/5/03 Checks 265973-266593 $ 246, 118 . 58 Printing error-these were shredded 265984-266286 2/5/03 Advices 141490-142225 1, 178, 399 . 16 $1, 424, 517 . 74 APPOINTMENT (CONSENT CALENDAR - ITEM 6K) (CFN-997) Appointment to Kent Bicycle Advisory Board. Confirmation of the Mayor' s appointment of Mr. Thomas Hale to serve as . a member of the Kent Bicycle Advisory Board. Mr. Hale has been a Kent Resident since 1976 . A boat builder by trade, because of health reasons he changed careers and is now employed as a King County METRO Bus Driver. Mr. Hale' s term will continue until 12/31/2004 . COUNCIL (CONSENT CALENDAR - ITEM 6J) (CFN-198) Excused Absence for Council President Woods. Approval of an excused absence for Council President Judy Woods from the February 18 , 2003 , City Council meeting. She will be unable to attend. REPORTS Administrative Reports. Martin noted that the executive session regarding property acquisition would last approximately 10 minutes. (CFN-198) Pool Issue Update. John Hodgson, Parks Director, announced that the Kent Meridian pool would open again. He thanked the Aquatic Management Group and stated that he was excited to be the staff liaison to work on the issue. He said the agreements authorized by the Mayor would be approved by the King County Council within the next week and that a grand opening was set for March 8th. Hodgson responded to Martin' s question regarding the $70, 000 authorized for start-up funds and the $20, 000 a year subsidy. The $70, 000 would come from the Youth Teen 5 Kent City Council Minutes February 18, 2003 REPORTS Capital Account and be transferred to an aquatic fund after approval by Council . Mark Prothero, Aquatic Management Group, said that the corporation was formed to operate the pool and thanked everyone for the opportunity to run a great program with competitive prices and quality programs. Councilmember Orr thanked everyone involved for their efforts and said Council was pleased that the issue was resolved in a timely manner. (CFN-118) EXECUTIVE SESSION The meeting recessed to Executive Session at 7 :30 p.m. and reconvened at 7 :48 p.m. (CFN-198) ADJOURNMENT The meeting adjourned at 7 :48 p.m. (CFN-198) "I I A4"e 0 ackie Bicknell Council Secretary 6 . Kent City Council Meeting Date March 4, 2003 Category Consent Calendar 1. SUBJECT: KING COUNTY YOUTH SPORTS FACILITY GRANT—ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the youth sports facility grant, authorize the Mayor to enter into an agreement with King County and amend the Wilson Playfields budget by adding $50,000.00. Funds will be used for field equipment, dugout benches, and bleachers at Wilson Playfields (previously East Hill Youth Sports Complex). 3. EXHIBITS: Copy of letter of award and contractYG C 4. RECOMMENDED BY: Staff and Pafi s Committee (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REOUIRED: Revenue of$50,000 00 SOURCE OF FUNDS. King County Youth Sports Facility Grant 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6C F(ZOLA IC,rrg Coera}r Department of Natural Resources and Parks Parks and Recreation Division King Street Center Building KSC-NR-0700 201 South Jackson Street Seattle, WA 98104-3856 206-296-4232 February 5, 2003 Shane Gilbertson, Project Manager Kent Parks & Recreation 220 4`h Avenue South Kent, WA 98032 RE. East Hill Sports Complex Contract 432918 $50,000 Dear Mr. Gilbertson . Congratulations again on your King County Youth Sports Facility Grant award Enclosed are two copies of a contract. Please return both copies with authorized signatures and completed exhibits no later than April 1,2003 If the contract is not ieturned at that time, fundsmay be redistributed to another project Please keep Exhibit IV, Invoice Voucher, for when you are ready to submit bills for reimbursement You will receive one of the original contracts with an "Authorization to Proceed" once they have been executed on our end King County Parks and Recreation is pleased to be working with you on this exciting project in your community Please feel free to contact me at (206) 263-6267 or email butch.lovelaceC)inetiokc.gov should you have any questions about the contracting procedures or the project in general Sincerely, Butch Lovelace Program Manager King County Contract No D32918D Federal Taxpayer ID No. Department/Division Natural Resources and Parks / Parks Division Agency Kent Parks & Recreation Project Title East Hill Sports Complex ContractAmount $ 50,000 Fund Code 1638 Contract Period From: 01/01/03 To 12/31/04 KING COUNTY AGENCY SERVICES CONTRACT — 2003 THIS CONTRACT is entered into by KING COUNTY (the "County"), and Kent Parks & Recreation, whose address is 220 4th Avenue South, Kent, WA. 98032 , (the "Agency") WHEREAS, the County has been advised that the following are the current funding sources, funding levels and effective dates FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES COUNTY 50,000 1/1/03 to 12131/04 FEDERAL to Federal Catalogue No STATE to TOTAL 50,000 1/1/03 to 12131/04 and WHEREAS, the County desires to have certain services performed by the Agency as described in this Contract, and as authorized by Ordinance No 14517 This form is available in alternate formats for people with disabilities upon request. NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: I. SCOPE OF SERVICES The Agency shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits, which are incorporated herein by reference ❑ Scope of Services Attached hereto as Exhibit I ❑ Project Budget Attached hereto as Exhibit II ❑ Timeline Attached hereto as Exhibit III ❑ Invoice Voucher Attached hereto as Exhibit IV ❑ Certificate of Insurance Attached hereto as Exhibit V ❑ W-9 Attached hereto as Exhibit VI ❑ Use Agreement Attached hereto as Exhibit VII ❑ Foaom. rjN —Atteehed-heretaas-€xhM-VIII-- 1aY 11. DURATION OF CONTRACT This Contract shall commence on the 1st day of January, 2003, and shall terminate on the 31st day of December, 2004, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. Ill. COMPENSATION AND METHOD OF PAYMENT A. The County shall reimburse the agency for satisfactory completion of the services and requirements specified in this Contract, payable in the following manner B. The Agency shall submit an invoice and all accompanying reports as specified in the attached exhibits not more than 15 working days after the close of each indicated reporting period. The County will initiate authorization for payment after approval of corrected invoices and reports. The County shall make payment to the Agency not more than 45 days after a complete and accurate invoice is received. C. The Agency shall submit its final invoice and all outstanding reports within 15days of the date this Contract terminates. If the Agency's final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice. IV. OPERATING BUDGET When a budget is attached hereto as an exhibit, the Agency shall apply the funds received from the County under this Contract in accordance with said budget The Agency shall request prior approval from the County for an amendment to this Contract when the cumulative amount of transfers among the budget categories is expected to exceed 10% of the Contract amount. Supporting documents necessary to explain fully Page 2 of 18 the nature and purpose of the amendment must accompany each request for an amendment. V. INTERNAL CONTROL AND ACCOUNTING SYSTEM The Agency shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards. VI. MAINTENANCE OF RECORDS A. The Agency shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract B These records shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with Revised Code of Washington (RCW) Chapter 4014 C. The Agency shall inform the County in writing of the location, if different from the Agency address listed on page one of this Contract, of the aforesaid books, records, documents, and other evidence and shall notify the County in writing of any changes in location within ten (10) working days of any such relocation VII. AUDITS A. If the Agency expends a total of $300,000 or more in federal financial assistance and has received federal financial assistance from the County during its fiscal year, it shall have an independent audit conducted of its financial statement and condition, which shall comply with the requirements of GAAS (generally accepted auditing standards), GAO's Standards for Audits of Governmental Organizations, Programs, Activities, and Functions, and OMB Circular A-133, as amended, and as applicable. The Agency shall provide a copy of the audit report to each County division providing financial assistance to the Agency no later than six (6) months subsequent to the end of the Agency's fiscal year. The Agency shall provide to the County its response and corrective action plan for all findings and reportable conditions contained in its audit. When reference is made in its audit to a "Management Letter" or other correspondence made by the auditor, the Agency shall provide copies of those communications and the Agency's response and corrective action plan B If the Agency is a municipal corporation, it shall submit to the County a copy of its annual report of examination/audit, conducted by the Washington State Auditor, within thirty (30) days of receipt, which submittal shall constitute compliance with subsection VI A. C. Additional audit or review requirements which may be imposed on the County will be passed on to the Agency and the Agency will be required to comply with any such requirements. Vill. EVALUATIONS AND INSPECTIONS A. The Agency shall provide right of access to its facilities, including those of any subcontractor to the County, the state, and/or federal agencies or officials at all Page 3 of 18 reasonable times in order to monitor and evaluate the services provided under this Contract. The County will give advance notice to the Agency in the case of fiscal audits to be conducted by the County. B. The records and documents with respect to all matters covered by this Contract shall be subject at all time to inspection, review, or audit by the County and/or federal/state officials so authorized by law during the performance of this Contracts and six (6) years after termination hereof, unless a longer retention period is required by law. C. The Agency agrees to cooperate with the County or its agent in the evaluation of the Agency's performance under this Contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17. IX. CORRECTIVE ACTION If the County determines that a breach of contract has occurred, that is, the Agency has failed to comply with any terms or conditions of this Contract or the Agency has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply. A The County will notify the Agency in writing of the nature of the breach, The Agency shall respond in writing within three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than ten (10) days from the date of the Agency's response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; B. The County will notify the Agency in writing of the County's determination as to the sufficiency of the Agency's corrective action plan. The determination of sufficiency of the Agency's corrective action plan shall be at the sole discretion of the County C. In the event that the Agency does not respond within the appropriate time with a corrective action plan, or the Agency's corrective action plan is determined by the County to be insufficient, the County may commence termination of this Contract in whole or in part pursuant to Section XI B , D. In addition, the County may withhold any payment owed the Agency or prohibit the Agency from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and E Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section XI, Subsections A, B, C, D, and E. X. ASSIGNMENT/SUBCONTRACTING A. The Agency shall not assign or subcontract any portion of this Contract or transfer or assign any claim ansing pursuant to this Contract without the written consent of Page 4 of 18 the County. Said consent must be sought in writing by the Agency not less than is fifteen (15) days pnor to the date of any proposed assignment. B. "Subcontract' shall mean any agreement between the Agency and a subcontractor or between subcontractors that is based on this Contract, provided that the term "subcontract' does not include the purchase of (1) support services not related to the subject matter of this Contract, or(2) supplies. XI. TERMINATION A. This Contract may be terminated by the County without cause, in whole or in part, prior to the date specified in Section II, by providing the Agency thirty (30) days advance written notice of the termination. B. The County may terminate this Contract, in whole or in part, upon seven (7) days advance written notice in the event. (1) the Agency materially breaches any duty, obligation, or service required pursuant to this Contract, or (2) the duties, obligations, or services required herein become impossible, illegal, or not feasible If the Contract is terminated by the County pursuant to this Subsection XI B. (1), the Agency shall be liable for damages, including any additional costs of procurementof similar services from another source If the termination results from acts or omissions of the Agency, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Agency shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Agency by the County C If County expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Section II, the County may, upon written notification to the Agency, terminate this Contract in whole or in part If the Contract is terminated as provided in this Subsection: (1) the County will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination, and (2) the Agency shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination Funding or obligation under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract. Should such appropriation not be approved, this Contract will terminate at the close of the current appropriation year D. The Agency may terminate this Contract upon seven (7) days written notice, should the County commit any material breach of this Contract E. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party Page 5 of 18 XIL FUTURE SUPPORT The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. XIII. HOLD HARMLESS AND INDEMNIFICATION A. In providing services under this Contract, the Agency is an independent Contractor, and neither it nor its officers, agents, or employees are employees of the County for any purpose. The Agency shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state of local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes, by, or on behalf of the Agency, its employees, and/or others by reason of this Contract. The Agency shall protect, indemnify, and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Agency's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Agency of work, services, materials, or supplies by Agency employees or other suppliers in connection with or support of the performance of this Contract. B. The Agency further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract by the Agency, its officers, employees, agents, and/or representatives This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Duration of Contract or the Termination section. C. The Agency shall protect, defend, indemnify, and save harmless the County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Agency, its officers, employees, and/or agents, in its performance and/or non-performance of its obligations under this Contract. The Agency agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the Agency, by mutual negotiation, hereby waives, as respects the County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the County incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Agency D. The County will protect, defend, indemnify, and save harmless the Agency, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the sole negligent acts or omissions of the County, its officers, employees, or agents. The County agrees that its obligations under this subparagraph extends to any claim, demand, Page 6 of 18 and/or cause of action brought by, or on behalf of, any of itsemployees or agents . For this purpose, the County, by mutual negotiation, hereby waives, as respects the Agency only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the Agency incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County Claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice E. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. XIV. INSURANCE REQUIREMENTS A. By the date of execution of this Contract, the Agency shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Agency, its agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Agency or subcontractor The Agency may furnish separate certificates of insurance and policy endorsements for each subcontractor as evidence of compliance with the insurance requirements of this Contract. The Agency is responsible for ensuring compliance with all of the insurance requirements stated herein Failure by the Agency, its agents, employees, officers, and or subcontractors, to comply with the insurance requirements stated herein shall constitute a material breach of this Contract. For All Coverages: Each insurance policy shall be written on an "occurrence" form, except that insurance on a "claims made" form may be acceptable with prior County approval. If coverage is approved and purchased on a "claims made" basis, the Agency warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three (3) years from the date of Contract termination, and/or conversion from a "claims made' form to an "occurrence" coverage form By requiring such minimum insurance, the County shall not be deemed or construed to have assessed the risks that may be applicable to the Agency under this Contract. The Agency shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded by said policies, which coverage will apply to each insured to the full extent provided by the terms and conditions of the policy(s) Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract Page 7 of 18 B. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. General Liability: Insurance Services Office form number (CG 00 01 Ed. 11-88) covering COMMERCIAL GENERAL LIABILITY). 2. Professional Liability: Professional Liability, Errors, and Omissions coverage. In the event that services delivered pursuant to this Contract either directly or indirectly involve or require professional services, Professional Liability, Errors, and Omissions coverage shall be provided. "Professional Services", for the purpose of this Contract section, shall mean any services provided by a licensed professional or those services that require a professional standards of care. 3. Automobile Liability- In the event that services delivered pursuant to this Contract require the use of a vehicle or involve the transportation of clients by Agency personnel in Agency-owned vehicles or non-owned vehicles, the Agency shall provide evidence of the appropriate automobile coverage. Insurance Services Office form number (CA 00 01 Ed. 12-90) covering BUSINESS AUTO COVERAGE, symbol 1 "any auto'; or the appropriate coverage provided by symbols 2, 7, 8, or 9 4. Workers' Compensation Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable federal or"Other States" state law. 5. Stop Gap/Employers Liability Coverage shall be at least as broad as the protection provided by the Workers' Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the "Stop Gap" endorsement to the general liability policy C. Minimum Limits of Insurance The Agency shall maintain limits no less than, for. 1 General Liability: $1,000.000 combined single limit per occurrence by bodily injury, personal injury, and property damage, and for those policies with aggregate limits, a $2,000,000 aggregate limit 2. Professional Liability, Errors, and Omissions. $1,000 000 per claim and in the . aggregate. Page 8 of 18 i 3. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Except if the transport of clients by Agency personnel is involved, then Risk Management will review the appropriate amount of coverage. 4. Workers' Compensation: Statutory requirements of the state of residency. 5. Stop Gap/Employers Liability. $1,000,000 D. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by, the County. The deductible and/or self-insured retention of the policies shall not apply to the Agency's liability to the County and shall be the sole responsibility of the Agency. E. Other Insurance Provisions The insurance policies required in this Contract are to contain, or be endorsed to contain, the following provisions. 1 Liability Policies Except Professional and Workers Compensation a The County, its officers, officials, employees, and agents are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the Agency in connection with this Contract 40 b The Agency's insurance coverage shall be primary insurance as respects the County, its officers, officials, employees, and agents Any insurance and/or self-insurance maintained by the County, its offices, officials, employees, or agents shall not contribute with the Agency's insurance or benefit the Agency in any way c The Agency's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurers liability 2. All Policies Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except by the reduction of the applicable aggregate limit by claims paid, until after forty-five (45) days prior written notice has been given to the County F. Acceptability of Insurers Unless otherwise approved by the County, Insurance is to be placed with insurers with a Bests' rating of no less than A VIII, or, if not rated with Bests, with minimum surpluses the equivalent of Bests' surplus size VIII Professional Liability, Errors, and Omissions insurance may be placed with insurers with a Bests' rating of B+VIt Any exception must be approved by King County Page 9 of 18 If, at any time, the foregoing policies shall fail to meet the above minimum requirements the Agency shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with appropriate certificates and endorsements, for approval. G. Verification of Coverage The Agency shall furnish the County certificates of insurance and endorsements required by this Contract. Such certificates and endorsements, and renewals thereof, shall be attached as exhibits to the Contract The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements for each insurance policy are to be on forms approved by the County prior to the commencement of activities associated with the Contract. The County reserves the right to require complete, certified copies of all required insurance policies at any time. H. Subcontractors The Agency shall include all subcontractors as insureds under its policies or shall furnish separate certificates of insurance and policy endorsements from each subcontractor. Insurance coverages provided by subcontractors as evidence of compliance with the insurance requirements of this Contract shall be subject to all of the requirements stated herein. 1. Municipal or State Agency Provisions If the Agency is a Municipal Corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this Section. XV. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A. Nondiscrimination in Employment Provision of Services During the performance of this Contract, neither the Agency nor any party subcontracting under the authority of this Contract shall discriminate or tolerate harassment on the basis of race, color, sex, religion, national origin, marital status, sexual orientation, age, or the presence of any sensory, mental, or physical disability in the employment or application for employment or in the administration or delivery of services or any other benefits under this Contract B. Nondiscrimination in Subcontracting Practices During the solicitation, award and term of this Contract, the Agency shall not create barners to open and fair opportunities to participate in County contracts or to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers from and doing business with subcontractors and suppliers, the Agency shall not discriminate against any person on the basis of race, color, religion, sex, age, national origin, marital status, sex orientation or the presence of any mental or physical disability in an otherwi qualified disabled person Page 10 of 18 C. Compliance with Laws and Regulations The Agency shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit discrimination These laws include, but are not limited to, RCW Chapter 49 60, Titles VI and VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Restoration Act of 1987. The Agency shall further comply fully with any affirmative action requirements set forth in any federal regulations, statutes or rules included or referenced in the contract documents D. Small Business and Minority and Women Business Enterprise Opportunities King County encourages the Agency to utilize small businesses, including Minority- owned and Women-owned Business Enterprises ("M/WBEs") in County contracts. The County encourages the Agency to use the following voluntary practices to promote open competitive opportunities for small businesses, including M/WBEs. 1 Attending a pre-bid or pre-solicitation conference, if scheduled by the County, to provide project information and to inform small businesses and other firms of contracting and subcontracting opportunities 2 Placing all qualified small businesses, attempting to do business in King County, including MNVBEs, on solicitation lists, and providing written notice of subcontracting opportunities to these firms capable of performing the work, including without limitation all businesses on any list provided by the County, in sufficient time to allow such businesses to respond to the written solicitations 3. Breaking down total requirements into smaller tasks or quantities, where economically feasible, in order to permit maximum participation by small businesses, including M/WBEs 4. Establishing delivery schedules, where the requirements of this Contract permit, that encourage participation by small businesses, including M/WBEs 5. Providing small businesses, including M/WBEs that express interest with adequate and timely information about plans, specifications, and requirements of the Contract. 6. Using the services of available community organizations, contractor groups, local assistance offices, the County, and other organizations that provide assistance in the recruitment and placement of small businesses, including M/WBEs 7. The Washington State Office of Minority and Women's Business Enterprises (OMWBE) can provide a list of certified M/WBEs Contact OMWBE office at (360) 753-9693 or on-line through the web site at www wsdot wa govlomwbe/ E. Equal Employment Opportunity The Agency shall implement and carry out the obligations in its Affidavit and Certificate of Compliance regarding equal employment opportunity, and all other requirements as set forth in the Affidavit and Certificate of Compliance Page 11 of 18 F. Fair Employment Practices King County Code Chapter 1218 is incorporated by reference as if fully set forth herein and such requirements apply to this Contract During the performance of this Contract, neither the Agency nor any party subcontracting under the authority of this Contract shall engage in unfair employment practices. It is an unfair employment practice for any: 1 Employer or labor organization to discriminate against any person with respect to referral, hiring, tenure, promotion, terms, conditions, wages or other privileges of employment. 2. Employment agency or labor organization to discriminate against any person with respect to membership rights and privileges, admission to or participation in any guidance program, apprenticeship training program, or other occupational training program; 3 Employers, employment agency, or labor organization to print, circulate, or cause to be printed, published or circulated, any statement, advertisement, or publication relating to employment or membership, or to use any form of application therefore, which indicates any discrimination unless based upon a bona fide occupation qualification; 4 Employment agency to discriminate against any person with respect to any reference for employment or assignment to a particular lob classification, S. Employer, employment agency or a labor organization to retaliate against any person because that person has opposed any practice forbidden by KCC Chapter 12 18 or because that person has made a charge, testified or assisted in any manner in any investigation, proceeding or hearing initiated under the provisions of KCC Chapter 12 18, 6 Publisher, firm, corporation, organization or association printing, publishing or circulating any newspaper, magazine or other written publication to print or cause to be printed or circulated any advertisement with knowledge that the same is in violation of KCC Chapter 12 18 030 C , or to segregate and separately designate advertisements as applying only to men or women unless such discrimination is reasonably necessary to the normal operation of the particular business, enterprise or employment, unless based upon a bona fide occupational qualification; 7. Employer to prohibit any person from speaking in a language other than English in the workplace unless a. The employer can show that requiring that employees speak English at certain times is justified by business necessity, and b. The employer informs employees of the requirement and the consequences of violating the rule. G. Record-Keeping Requirements and Site Visits The Agency shall maintain, for at least six (6) years after completion of all work under this Contract, the following, Page 12 of 18 1. Records of employment, employment advertisements, application forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Contract, and 2. Records, including written quotes, bids, estimates or proposals submitted to the Agency by all businesses seeking to participate on this Contract, and any other information necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records The County may visit, at any time, the site of the work and the Agency's office to review the foregoing records. The Agency shall provide every assistance requested by the County during such visits. In all other respects, the Agency shall make the foregoing records available to the County for inspection and copying upon request. If this Contract involves federal funds, the Agency shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents H. Sanctions for Violations Any violation of the mandatory requirements of the provisions of this Section shall be a material breach of contract for which the Agency may be subject to damages, withholding payment and any other sanctions provided for by the Contract and by applicable law I. Reporting 1 The Agency entering into a contract or agreement with King County valued at $25,000 or more shall submit with this Contract a total Personnel Inventory Report providing employment data for minorities, females, and persons with disabilities. Subject to the provisions of KCC Chapter 12 16 060, the Agency's Personnel Inventory Report shall be effective for two years after the date on which the report was submitted 2 The Agency entering into a contract with King County valued at more than $25,000, or contracts which in the aggregate have a value to the Agency of more than $25,000 should submit an Affidavit of Compliance in the form provided by the County, demonstrating commitment to comply with the provisions of KCC Chapter 12.16 in accordance with paragraph A of this Section XV. The Agency shall complete the Affidavit of Compliance provided by the County and attach the original, notarized, completed form to this Contract Subject to the provisions of KCC Chapter 12 16.060, the Agency's Affidavit of Compliance shall be effective for two years after the date on which the report was submitted. If the Agency engages in unfair employment practices as defined above, remedies as set forth in KCC Chapter 12 18 shall be applied The Agency shall complete all reports and forms (including Department of Social and Health Services non-discrimination forms, where applicable) Page 13 of 18 provided by the County and shall otherwise cooperate fully with the County in monitoring and assisting the Agency in providing nondiscriminatory programs. XVI. SECTION 504 AND AMERICANS WITH DISABILITIES ACT The Agency shall complete a 504/ADA Self-Evaluation Questionnaire for all programs and services offered by the Agency (including any services not subject to this Contract) and shall evaluate its services, programs and employment practices for compliance with Section 504 of the Rehabilitation Act of 1973, as amended ("504") and the Americans with Disabilities Act of 1990 (°ADA'). The Agency shall complete a 504/ADA Assurance of Compliance, and corrective action plan as needed for structural, programmatic, and/or service changes necessary at each of its premises within the State of Washington to comply with 504 and the ADA, and it is attached as an exhibit to this Contract and incorporated herein by reference. XVII. SUBCONTRACTS AND PURCHASES A. The Agency shall include the above Sections IV, V, VI, VII, XII, Xlll, XIV, XV, and XVI, in every subcontract or purchase agreement for services which relate to the subject matter of this Contract. B The Agency agrees to include the following language verbatim in every subcontract, provider agreement, or purchase agreement for services which relate to the subject matter of this Contract: "Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims, judgments, and/or awards of damages ansing out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that King County is a third party beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph° XVIII. CONFLICT OF INTEREST KCC Chapter 3.04 is incorporated by reference as if fully set forth hence, and the Agency agrees to abide by all conditions of said chapter Failure by the Agency to comply with any requirement of said KCC Chapter shall be a material breach of contract. A. The Agency covenants that no officer, employee, or agent of the County who exercises any functions or responsibilities in connection with the planning and implementation of the program funded herein, or any other person who presently exercises any functions or responsibilities in connection with the planning and implementation of the program funded herein shall have any personal financial interest, direct or indirect, in this Contract. The Agency shall take appropriate steps to assure compliance with this provision. B If the Agency violates the provisions of Subsection XVIII or does not disclose other interest required to be disclosed pursuant to KCC Chapter 3 04, the County will not be liable for payment of services rendered pursuant to this Contract Violation of this Section shall constitute a material breach of this Contract and grounds for termination pursuant to Section XI above, as well as any other right or remedy provided in this Contract or law. Page 14 of 18 XIX. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the electionor defeat of any candidate for public office. XX. EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP A. The Agency agrees that any equipment purchased, in whole or in part, with Contract funds at a cost of$1,000 per item or more, when the purchase of such equipmentis reimbursable as a Contract budget item, is upon its purchase or receipt the property of the County and/or federal/state government B. The Agency shall be responsible for all such property, including the proper care and maintenance of the equipment C. The Agency shall ensure that all such equipment will be returned to the County or federal/state government upon termination of this Contract unless otherwise agreed upon by the parties. D. The Agency shall admit County staff to the Agency's premises for the purpose of marking such property with County property tags. E. The Agency shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment purchased with Contract funds. XXI. NOTICES Whenever this Contract provides for notice to be provided by one (1) party to another, such notice shall be. A. In writing, and B Directed to the chief executive office of the Agency and the director of the County department specified on page one (1) of this Contract Any time within which a party must take some action shall be computed from the date that the notice is received by said party XXII. PROPRIETARY RIGHTS The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the County. The County agrees to and does hereby grant to the Agency, irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Contract The foregoing products license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Agency which are modified for use in the performance of this Contract Page 15 of 18 The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Agency that are not modified for use in the performance of this Contract. XXIII. CONTRACT AMENDMENTS Either party may request changes to this Contract. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Contract. XXIV. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLCY The Agency shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Contract and shall ensure that, whenever possible, the cover page of each document printed on recycled paper bears an imprint identifying it as recycled paper. If the cost of recycled paper is more than 15% higher than the cost of nonfecycled paper, the Agency may notify the Contract Administrator, who may waive the recycled paper requirement The Agency shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical in the fulfillment of this Contract XXV. ENTIRE CONTRACTMIAIVER OF DEFAULT The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the Provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. XXVI. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION The Agency and any subcontractor agree, when applicable, to abide by the terms of Chapters 26.44, 69 54, 70 02, 70.96A, 7105, 71A.10, 71A.14, 71A.18, 7120, 7124, and 71.34 of the Revised Code of Washington, rules and regulations promulgated thereunder, the Basic Interagency Contract between the Department of Social and Health Services and King County, as amended, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. In the event that there is a conflict between any of the language contained in any exhibit or attachment to this Contract, the language in the Contract shall have control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary XXVIL CONFIDENTIALITY The Agency agrees that all information, records, and data collected in connection with thf* Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law. Page 16 of 18 XXVIII. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY ACCOUNTABILITY ACT OF 1996 Terms used in this section shall have the same meaning as those terms in the Privacy Rule, 45 CFR Parts 160 and 164. A. Obligations and Activities of the Agency 1. The Agency agrees not to use or disclose protected health information other than as permitted or required by law. 2. The Agency agrees to use appropriate safeguards to prevent use or disclosure of protected health information other than as provided for in this Contract 3. The Agency agrees to mitigate, to the extent practicable, any harmful effect that is known to the Agency of a use or disclosure of protect health information by the Agency in violation of the requirements of this Contract. 4. The Agency agrees to report to King County any use or disclosure of protected health information not provided for by this Contract of which it becomes aware. 5. The Agency agrees to ensure that any agent, including a subcontractor, to whom it provides protected health information received from, or created or received by the Agency on behalf of King County, agrees to the same restrictions and conditions that apply through this Contract to the Agency with respect to such information. 6 The Agency agrees to make available protected health information in accordance with 45 CFR § 164 524. 7 The Agency agrees to make available protected health information for amendment and incorporate any amendments to protected health information in accordance with 45 CFR § 164-526. 8 The Agency agrees to make internal practices, books, and records, including policies and procedures and protected health information, relating to the use and disclosure of protected health information received from, or created or received by the Agency on behalf of King County, available to the Secretary, in a reasonable time and manner for purposes of the Secretary determining King County's compliance with the privacy rule 9 The Agency agrees to make available the information required to provide an accounting of disclosures in accordance with 45 CFR 164 § 528. B. Permitted Uses and Disclosures by Business Associate The Agency may use or disclose protected health information to perform functions, activities, or services for, or on behalf of, King County as specified in this Contract, provided that such use or disclosure would not violate the Privacy Rule if done by King County or the minimum necessary policies and procedures of King County Page 17 of 18 C. Effect of Termination 1. Except as provided in paragraph C.2. of this section, upon terminationof this Contract, for any reason, the Agency shall return or destroy all protected health information received from King County, or created or received by the Agency on behalf of King County. This provision shall apply to protected health information that is in the possession of subcontractors or agents of the Agency. The Agency shall retain no copies of the protected health information. 2. In the event the Agency determines that returning or destroying the protected health information is infeasible, the Agency shall provide to King County notification of the conditions that make return or destruction infeasible. Upon notification that return or destruction of protected health information is infeasible, the Agency shall extend the protections of the Contract to such protected health information and limit further uses and disclosure of such protected health information to those purposes that make the return or destruction infeasible, for so long as the Agency maintains such protected health information. KING COUNTY AGENCY NAME HERE FOR King County Executive Signature Date NAME (Please type or print) Date Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY November 25, 2002 Page 18 of 19 Kent City Council Meeting Date March 4, 2003 Category Other Business 1. SUBJECT: COBLENTZ REZONE (RZ-2002-4) —APPROVE 2 SUMMARY STATEMENT: This request by Michael and Betty Coblentz is to rezone approximately 12.58 acres of property from SR-8, Single Family Residential, to MR-T16, Multifamily Residential Townhouse. The property is located at 22320 88th Avenue South near SR 167. The Kent Hearing Examiner held a public hearing on January 23, 2003 and issued Findings, Conclusions and a conditional recommendation for approval on February 5, 2003. 3. EXHIBITS: Staff report and map; Findings, Conclusions and Recommendation 4. RECOMMENDED BY: Hearing Examiner (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• I 7. CITY COUNCIL ACTION: Councilmember (Q/w moves, Councilmember 1�n7Q16 seconds to accept/_rejeegi Pddy the Findings, Conclusions and Recommendation of the Hearing Examiner on the Coblentz Rezone (RZ202-4), and to direct the City Attorney to prepare the necessary ordinance. DISCUSSION: ACTION: C Council Agenda Item No. 7A COMMUNITY DEVELOPMENT Fred N Satterstrom, Director PLANNING SERVICES 000 • Charlene Anderson,AP, Manager 00 KENT WAS MINOTOM Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent,WA 98032-5895 KENT PLANNING SERVICES (206) 856-5454 STAFF REPORT FOR HEARING EXAMINER MEETING OF January 23, 2002 FILE NO: Coblentz Rezone #RZ-2002-4 KIVA#2023212 APPLICANT: Michael and Betty Coblentz 22320 88th Avenue S. Kent, WA 98031 REQUEST: A Zoning Map Amendment (Rezone) for four (4) existing tax parcels from SR-8 Single Family residential to MR-T16 Multifamily Residential Townhouse District STAFF REPRESENTATIVE Matt Gilbert, Planner STAFF RECOMMENDATION. APPROVAL I. GENERAL INFORMATION A Description of the Proposal The applicant is requesting a Zoning Map amendment (Rezone) for approximately 12.58 acres on four (4) existing tax parcels. The property is currently zoned SR-8 Single Family Residential. The applicant has proposed rezoning the site to MR-T16 Multifamily Residential Townhouse District. The City of Kent Comprehensive Plan designates the property 0 LDMF Low Density Multifamily. The site is encumbered with significant Staff Report Coblentz Rezone #RZ-2002-4 KIVA#RPP4-2023212 areas of hazardous slopes as defined by Kent City Code chapter 15.08. No specific site development has been proposed at this time. B Location The property is located at South 222nd Street and 88`" Avenue South, and is identified as King County Tax Parcel numbers 7757800155; 7757800220; 7757800221 and 7757800223. C. Size of Property The subject property is approximately 12.58 acres, however significant steep slope and wetland areas are known to encumber this site. The extent to which these sensitive areas will limit development is currently unknown and will be addressed through the development review process. D. Zoning/Comprehensive Plan The property is currently zoned SR-8 Single Family Residential. Properties located to the north, east and west are zoned SR-6 and SR-3, Single Family Residential. To the southeast, the property is zoned SR-2, Single Family Residential. The 19 3 acre parcel to the south is zoned MR-G, Garden Density Multi-Family Residential. A small area of land zoned Commercial Manufacturing-1 is located near the northwest corner of the property. The City of Kent Comprehensive Plan designates the site, together with the southern adjacent property, as Low Density Multifamily Properties to the east, north and west are designated SF-6 Single Family Residential (6 units/acre), with a small area to the northwest designated I, Industrial. Utilizing gross acreage, the SR-8 zoning designation would allow for the development of approximately 109 single family detached units, as opposed to 201 multifamily condominium or single family detached units under an MR-T16 zoning designation. Since there is no minimum lot area for development of single family detached units within the MR-T16 zoning, single family detached units could be clustered on the site. However, sensitive area restrictions associated with the hazardous slopes and wetland area, along with landscaping, setbacks, site coverage requirements, and infrastructure improvements would further limit the number of units permitted on site, with detached single-family units or multi-family units. . I Page 2 of 15 Staff Report Coblentz Rezone #RZ-2002-4 KIVA#RPP4-2023212 E. Land Use One single-family residence and an accessory building currently occupy the site. The area to the south is zoned MR-G, Low Density Multifamily Residential, and is developed as the Silver Springs apartment complex containing 251 units. North and east of the site are located zoning and land use designations that allow single-family detached housing. The slopes on the eastern portion of the property provide a separation between the Coblentz site and adjacent properties on the hill above. State Route 167 provides a barrier on the western side of the subject property. There are several other single-family dwellings in the area zoned SR-6 to the north and west of the subject property. Two of these properties have split land use designations of Industrial and Commercial Manufacturing-1, in addition to residential designations. F. History The property is part of 320 acres annexed to the City of Kent on March 20, 1958 under Ordinance No 971 The land use designation and zoning of a portion of this site was changed by Ordinance No. 3331 under application number CPA-96-3 (A) in 1997 This area was changed from a land use and zoning designation of Single Family Residential-Six units per acre to Industrial land use and Commercial Manufacturing 1 zoning. The applicants requested a change because of the difficulty in marketing the property for single family development, presumably due to freeway noise. Subsequently, the property owner received City Council approval of a new Comprehensive Plan Amendment/Rezone on March 6, 2000 (Ordinance 3445 and 3445) That amendment/rezone changed the land use designation of the entire property to LDMF (Low Density Multifamily, 16 units/acre) and the zoning map to SR-8 (Single-Family 8.71 un(ts/acre); this was step one of a two-step process to rezone the property to MR-T16 The applicant is now requesting the zoning change to MR-T16, Low Density Multifamily. II. ENVIRONMENTAL CONSIDERATIONS A Environmental Assessment Amending the City's zoning map is considered a "non-project" action under the State Environmental Policy Act (SEPA) As the lead agency, Page 3 of 15 Staff Report Coblentz Rezone • #RZ-2002-4 KIVA#RPP4-2023212 and pursuant to WAC 197-11-600, the City has determined that the Environmental Document, ENV-2000-38(C) issued December 5, 2000 is adequate for this proposal. That environmental document addressed the impacts of a Comprehensive Plan Map Amendment for the subject property and analyzed a proposed zoning designation of MR-G. The MR-G zoning designation would allow the same 16 units per acre as the MR-T16 designation allows The City of Kent SEPA Responsible Official determined that the existing SEPA document adequately addresses the potential environmental impacts of this proposed rezone and that the proposed rezone does not warrant additional environmental review Subsequent development proposals for the subject property will require additional environmental review in conjunction with construction permits, subdivision, and other project permit applications. B Significant Physical Features T000graphv. Wetlands and Vegetation The subject site is characterized by rolling topography with approximately twenty percent of the area encumbered by slopes over forty percent. The . City of Kent maintains a Hazard Area Development Limitations map that depicts areas known to be sensitive based on proximity to significant water features, topography or hydrological characteristics The steep slope areas of this site are identified as hazardous areas on this map. Section 15 08.222 of the Kent City Code indicates that additional development limitations shall apply to hazardous areas as identified on said map. KCC 15 08.224 establishes these limitations based on percent slope as well as erosion, slide-slippage and seismic classifications According to the City's hazardous area maps and topographic maps provided by the applicant, the subject property is encumbered by low, high and severe hazardous areas. The City of Kent wetland inventory indicates that a wetland is located in the southeastern portion of Lot 4 (Parcel # 775780-0221). Development applications will need to include a wetland delineation report to determine the wetland boundaries and the resultant impact on development. According to the USDA Sod Conservation Service, on-site sods are classified as Alderwood series The vegetation on site is coniferous and deciduous forest with a shrub understory. Page 4 of 15 Staff Report Coblentz Rezone #RZ-2002-4 KIVA#RPP4-2023212 Because the proposed rezone does not contemplate a development proposal at this time, staff has not analyzed on-site environmental impacts associated with potential development. Development impacts will be analyzed in the SEPA checklist submitted with any specific development projects proposed for the site. C. Significant Social Features 1 Street System The proposed development project is located within the Valley Floor and East Hill areas of the City, and will take its primary access from 881h Avenue South This street has an existing public right-of-way width of about 60 to 70 feet, while the asphalt street width is currently about 24 feet. The existing street provides for two lanes of traffic, but does not include the following other improvements. cement concrete curbs & gutters, storm water drainage system; sidewalks/walkway; or a street lighting system 88`h Avenue South is classified a Residential Collector Street Augmented with Bike Lanes upon the City's Master Plan of Roadways. It will require when fully improved. a minimum of 63 feet of public right of way, a 36-foot-wide asphalt roadway with two traffic lanes; two 5-foot, in-street Bike Lanes, combined curbs & gutters and 5-foot-wide concrete sidewalks on both sides of the street; a storm water drainage system, a City-approved street lighting system; public utilities, and other street appurtenances This development is within an area which is characterized by streets with narrow traffic lanes and narrow or no shoulders. The area has been identified as having substandard pedestrian facilities. This development will require off-site sidewalks/walkways to provide safe travel for school-aged pedestrians to and from the student bus stops serving Kent Public Schools 88`h Avenue South/South 2241h Street/South 2281h Street Corridor currently is not improved to its design standard, and does require improvement/widening in conjunction with proposed development to support the project development and continued development in the area. Development which may occur as a result of this rezone will cause significant and/or additional congestion at the following Page 5 of 15 Staff Report Coblentz Rezone #RZ-2002-4 KIVA#RPP4-2023212 011 intersections: 88th Avenue South and South 228th Street, South 228th Street with Central Avenue, 88th Avenue South and South 218t" Street, Central Avenue and South 224t" Street, and 88th Avenue South and the future South 224`" Street/South 22e Street Corridor. The proposed rezone has the potential to significantly increase the traffic impacts as compared to the current zoning. The current zoning has the potential to generate an additional impact to the transportation system of approximately 1090 daily and 109 pm peak hour trips, as compared to a potential of 2010 daily and 201 pm peak hour trips under the proposed rezone. The City's comprehensive transportation plan does not anticipate changes to the City's Comprehensive Land Use plan and/or to the zoning code that intensify land uses and thus trip generation. As a result it is becoming increasingly difficult to maintain transportation concurrency using the currently adopted list of transportation improvement projects. Furthermore, with the passage of 1-776, the City's ability to fund the currently adopted list of improvements or to add new projects thereto that may be needed because of land use intensification is now questionable. 2 Water System Water service is provided by the City of Kent and is currently available. System improvements will be necessary to accommodate any subsequent development 3. Sanitary Sewer System The sanitary sewer system that services the southern adjacent property was not sized to service the subject site and therefore is unable to accommodate additional flows therefrom. The sanitary system to the north on 218t" St (approximately 1,700-feet away) could provide sewer service to this property but is too shallow to provide said service via an extension within City rights of way. An extension on private land, adjacent to the City's right of way, could provide gravity service to this property but would require the applicant to secure off-site easements from multiple property owners. Whether such easements could be secured is unknown. Page 6 of 15 Staff Report Coblentz Rezone #RZ-2002-4 KIVA#RPP4-2023212 4. Stormwater System A stormwater system will be necessary to accommodate any subsequent development The developer will be required to construct a stormwater treatment system in accordance with Kent Construction Standards in conjunction with a development proposal. III. CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application Chief Administrative Officer City Attorney Director of Public Works Chief of Police Parks & Recreation Director Fire Chief Budding Official City Clerk King County Environmental Health U S. Postmaster Washington State Dept of Ecology Puget Sound Energy Washington State Dept. of Transportation Kent School District Qwest King County Transit Division King County Wastewater Treatment Division In addition to the above, all persons owning property which lies within 300 feet of the site were notified of the application and of the public hearing Comments have been incorporated in the staff report where applicable. IV PLANNING DEPARTMENT REVIEW A. Comprehensive Plan In 1995, the Kent City Council adopted the Kent Comprehensive Plan, which represented a complete revision to the City's 1977 comprehensive plan. The 1995 plan was prepared under the provisions of the Washington State Growth Management Act The Comprehensive Plan, through its goals and policies, presents a clear expression of the City's vision of growth for citizens, the development community, and other public agencies. The plan is used by the Mayor, City Council, Land Use and Planning Board, Hearing Examiner, and City departments to guide decisions on amendments to the City's zoning code and other development regulations, which must be consistent with the plan, and also Page 7 of 15 Staff Report Coblentz Rezone #RZ-2002-4 KIVA#RPP4-2023212 guide decisions regarding the funding and location of capital improvement projects. LAND USE ELEMENT The Land Use Element of the plan contains a Land Use Plan Map, which designates the type and intensity of land uses throughout the city, as well as in the entire potential annexation area. The Land Use Plan Map designates the subject property as Low Density Multifamily Residential which allows up to sixteen dwelling units per acre. The land use element also contains goals and policies relating to the location, density, and design of future development in the City and in the Potential Annexation Area. Overall Goal: Encourage a future growth and development pattern which implements the community's vision, protects environmentally sensitive areas, and enhances the quality of life of all of Kent residents Goal LU-8- The City of Kent adopts a 20-year housing target of 7,500 new dwelling units within the existing city limits. Coordinate with King County through an interlocal agreement on housing targets in the unincorporated area within Kent's Potential Annexation Area. Policy LU-8 1: Provide in the land use plan adequate land and densities to accommodate both city and county housing targets within the Potential Annexation Area. Average net residential densities throughout the Potential Annexation Area should be at least four units per acre in order to adequately support urban services. Policy LU-8 3• Locate housing opportunities within close proximity to employment, shopping, transit, and human and community services. Goal LU-9: Provide opportunities for a variety of housing types, options, and densities throughout the city and the Potential Annexation Area Policy LU-9 2: Allow and encourage a variety of multifamily housing forms, such as townhouses, residences above businesses, triplexes and fourplexes, duplexes, and attached single- Page 8 of 15 Staff Report Coblentz Rezone #RZ-2002-4 KIVA#RPP4-2023212 family units in multifamily districts and designated commercial areas. Planning Services Comment The proposed rezone is supported by relevant goals and policies contained within the Land Use Element of the Comprehensive Plan. The proposed location is served by existing urban services. However, in order to accommodate future site development, the owner or developer of the subject property will be required to extend sanitary sewer service to serve the site or provide an approved on-site septic system in conjunction with site development. Due to the fact that a sewer extension from the existing facilities may not function if located within the existing public right-of-way, private easements will likely be required If the proposed rezone is approved, the applicant intends to develop the site with multifamily condominium units providing additional housing options and home ownership opportunities within the City of Kent. If not developed as condominium townhouse units, the MR-T16 zoning district . supports single family dwellings with flexible development standards. HOUSING ELEMENT The primary goal of the housing element is to meet the current and future need for housing in the Kent area Overall Goal. Ensure opportunities for affordable housing and an appropriate living environment for Kent Citizens Goal H-1 Promote healthy neighborhoods by providing a wide range of housing options throughout the community that are accessible to community and human services, employment opportunities, and transportation and by being sensitive to the environmental impacts of the development Policy H-1 1, Ensure that community and human services, including, but not limited to, fire, police, library facilities, medical services, neighborhood shopping, child care, food banks, and recycling facilities, are easily accessible to neighborhood residents Goal H-2. Provide sufficient, diverse, and affordable housing for the existing and projected population of Kent. Page 9 of 15 Staff Report Coblentz Rezone #RZ-2002-4 KIVA#RPP4-2023212 Policy H-2.1: Promote a wide range of housing to meet the needs of our diverse population and ensure that this housing is available throughout the community for people of all income levels and special needs. 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 Goal H-4 Expand home ownership opportunities for all income groups via land use regulations, financial strategies, and the removal of barriers to lending. Policy H-4 1: Revise zoning and development standards to facilitate small lot sizes, manufactured housing on single-family lots, townhouses, condominiums, clustering, and other options which increase the supply of affordable home ownership opportunities. Planning Services Comment. The proposed rezone is supported by relevant goals and policies contained within the Housing Element of the Comprehensive Plan. Appropriate services, including, but not limited to, fire, police, library facilities, medical services, neighborhood shopping, childcare, food banks, and recycling facilities, are easily accessible via nearby Central Avenue. Further, upon site development, pedestrian improvements will be required to serve the subject site. The City has implemented tools such as the MR-T16 zoning district to provide sufficient, diverse, and affordable housing for the existing and projected population of Kent. The MR-T16 zone allows home ownership to be realized in areas that are more likely not to redevelop as single-family detached unit subdivisions for various reasons (economic factors, marketability, surrounding land uses). The MR-T16 zone would allow for the clustering of housing units, which is known to increase the supply of affordable home ownership opportunities. Furthermore, clustering also is a tool with which to avoid disturbing the portion of the property that Page 10 of 15 Staff Report Coblentz Rezone #RZ-2002-4 KIVA#RPP4-2023212 contains wetlands while encouraging the owner to achieve an allowed density of sixteen (16) units per acre. NATURAL RESOURCES GOALS AND POLICIES Goal LU-20 Protect and enhance environmentally sensitive areas via the adoption of the City regulations and programs which encourage well-designed land use patterns such as clustering and planned unit development Use such land use patterns to concentrate higher urban land use densities and intensity of uses in specified areas in order to preserve natural features such as large wetlands, streams, steep slopes, and forests. Goal LU-22: Ensure that the City's environmental policies and regulations comply with state and federal environmental protection regulations regarding air and water quality, noise and wildlife and fisheries resources and habitat protection Demonstrate support for environmental quality in land use plans, development regulations, and site plan review to ensure that local land use management is consistent with the City's overall natural resource goals Planning Services Comment The proposed rezone is supported by relevant goals and policies contained within the Natural Resources Section of the Comprehensive Plan. Wetlands and significant steep slope areas encumber the property. Any subsequent development on the property would be subject to sensitive area requirements outlined in Chapters 15 08 and 11.05 of the Kent City Code which implement the above listed Comprehensive Plan goals. As stated above, the City's MR-T16 zone allows flexibility in site design to protect sensitive areas and support the allowable density on the site, whereas the current single family zoning designation allows only detached single-family on individual lots and does not offer the same flexibility. TRANSPORTATION ELEMENT Goal TR-1 Coordinate land use and transportation planning to meet the needs of the City and the requirements of the Growth Management Act Page 11 of 15 Staff Report Coblentz Rezone . #RZ-2002-4 KIVA#RPP4-2023212 Policy TR-1.2: Coordinate new commercial and residential development in Kent with transportation projects to improve affected roadways Policy TR-1 5: Ensure consistency between land use and transportation plans so that land use and adjacent transportation facilities are compatible Planning Services Comment: The Growth Management Act requires consistency between land use and transportation planning. As noted, the comprehensive plan land use map identifies the property as Low Density Multifamily In conjunction with the Public Works Department, the applicant will identify specific improvements which will be necessary to serve future development of the property and accommodate the higher density permitted if this rezone is approved These improvements will be identified through a concurrency analysis and addressed in the protect specific SEPA checklist to be submitted with any development proposal for the site. • B Standards and Criteria for a Rezone Reauest The following standards and criteria (Kent Zoning Code, Section 15.09.050) are used by the Hearing Examiner and City Council to evaluate a request for a rezone. A zoning map amendment shall only be granted if the City Council determines that the request is consistent with these standards and criteria 1 The proposed rezone is consistent with the Comprehensive Plan. Plannina Services Comment The Comprehensive Plan Land Use Plan Map designates the subject property as Low Density Multifamily, allowing densities up to 16 units per acre. Rezoning the site from SR-8 Single Family Residential to MR-T 16 Multifamily Residential Townhouse will allow residential development up to 16 units per acre, consistent with the Comprehensive Plan. As mentioned previously, the proposed rezone is also consistent with the applicable goals and policies in the Comprehensive Plan. 2. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. Page 12 of 15 Staff Report Coblentz Rezone #RZ-2002-4 KIVA#RPP4-2023212 Planning Services Comment The proposed rezone and subsequent development of the site would be compatible and integrate well with existing development in the vicinity Land immediately to the south of the site is developed as multi-family residential apartments. Several large parcels in close proximity to the north and east of the subject site are zoned SR-6, Single Family Residential but are vacant and largely encumbered with hazardous slopes. The Valley Freeway (SR-167) abuts the site along the western boundary The neighboring parcels designated and zoned for single family are large lots with development potential as detached single family residences on individual lots of record The MR-T16 zoning district also supports individual ownership Furthermore, as a multi-family project, design review will be required for any proposed development Through design review, the City will analyze the proposal for building elements, which will be sensitive to the physical context of surrounding uses and potential development in the area. For example, setbacks, style, height, proportions, roof forms, color, materials, and other design elements will be incorporated into the buildings and site design to better integrate with neighboring single family uses and zones. These adjacent properties also contain the same slope encumbrances, which will be protected in a similar context and will be a consistent feature around which future development in the area will design regardless of housing types 3 The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated Planning Services Comment The proposed rezone will increase development potential and increase impacts on the transportation system. By rezoning the property from SR-8 to MR-T16 Multifamily Residential, future development could generate an additional 920 daily and 92 PM peak hour trips upon the City's street system Mitigation of transportation impacts may include the completion and submittal of a comprehensive traffic impact study at the time of a development proposal to determine appropriate transportation M improvements Other appropriate mitigation measures, such as contribution to regional corridor projects, may be required at the time of Page 13 of 15 Staff Report Coblentr Rezone #RZ-2002-4 KIVA#RPP4-2023212 development in accordance with the City's concurrency management ordinance. 4. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. Planning Services Comment As stated above, the land use designation and zoning of a portion of this site was changed in 1997 from Single Family Residential, six units per acre to Industrial land use and Commercial Manufacturing 1 zoning The site remained undeveloped under those land use and zoning designations, presumably due to economic factors, marketability and slope related development constraints. In 1998 the City created the MR-T16 zoning district to promote home ownership through condominium developments. The current zoning of SR- 8 and land use designation of LDMF was established for this site in 2000 as step one of a two step effort to convert the zoning to MR-T16. 5. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Planning Services Comment The proposed rezone is consistent with the intent of the Comprehensive Plan. Subsequent development on the site will have to meet applicable codes and regulations, including mitigation of anticipated transportation and environmental impacts. Therefore, the rezone proposal will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. V. CITY STAFF RECOMMENDATION Upon review of the merits of this request and the Code criteria for granting a rezone, City staff recommends APPROVAL of the Coblentz Rezone request with the following condition. 1. The following language shall be incorporated into the rezone ordinance and recorded against the property- Concurrent with the submittal of any site-specific application for development permit, the owner/developer shall provide a concurrency Page 14 of 15 Staff Report Coblentz Rezone #RZ-2002-4 KIVA#RPP4-2023212 analysis to determine required public improvements needed to mitigate the impacts of the development This concurrency analysis must be conducted and completed in conformance with applicable City codes in effect at the time the permit vests. Furthermore, prior to receiving a final inspection and/or Certificate of Occupancy for the development envisioned under the permit, the owner or developer shall fully construct the improvements identified and required by the concurrency analysis or make payments in lieu of construction as deemed appropriate by the City of Kent Public Works Director. KENT PLANNING DEPARTMENT January 14, 2003 MG\ch S:\Permit\Plan\rezone\2002\2023212-2002-4report doc Page 15 of 15 i CD CD O n S O cr o CD U CD CD CD In N CD '� Z � O r 00 '� N o a � (• z � y i OFFICE OF THE LAND USE HEARING EXAMINER KEN T Theodore P Hunter W w s N v C r o n Hearing Examiner COMMUNITY FINDINGS, CONCLUSIONS AND RECOMMENDATION DEVELOPMENT Fred N Satterstrom, AICP Director FILE NO: COBLENTZ#RZ-2002-4 KIVA#RPP4-2023212 PLANNING SERVICES Charlene Anderson, AICP APPLICANT: Michael and Betty Coblentz Manager Marling Address REQUEST: A request for a Zoning Map Amendment 220 Fourth Ave S. (Rezone) of 12 58 acres from SR-8, Single Kent,WA 98032-5895 Family Residential, to MR-T16, Multifamily Location Address. Residential Townhouse. 400 West Gowe Kent,WA 98032 LOCATION: 22320 8e Avenue S. Phone.263-856-5454 Fax:253-856-6454 APPLICATION FILED. October 14, 2002 DETERMINATION OF NONSIGNIFICANCE ISSUED: December 5, 2000 MEETING DATE: January 23, 2003 RECOMMENDATION ISSUED. February 5, 2003 RECOMMENDATION' APPROVAL STAFF REPRESENTATIVE. Mat Gilbert, Planning Services PUBLIC TESTIMONY: Michael Coblentz Other Joanne Longstrom EXHIBITS: Hearing Examiner file containing. 1. Site Conditions Survey, dated September 1, 2000 2. Staff Report with Attachments a Application _ b. Correspondence between Applicant and City c. City Staff Routing & Comments d Public Notice / Public Routing e. Notice of Application / Notice of Completeness f. Mitigated Determination of Nonsignificance. FINDINGS 1. Michael and Betty Coblentz (Applicants) request a zoning map amendment (rezone) for four existing tax parcels from SR-8, Single Family Residential with 8 dwelling units per acre (8DUA), to MR-T16, Multifamily Residential Townhouse District, for approximately 12.58 acres of property located at South 222nd Street and 88 h Avenue South.' Exhibit 1, Staff Report, Page 1, Attachment a, Application. 2. The subject property is currently zoned SR-8, Single Family Residential with 8 DUA. Properties located to the north, east, and west are zoned SR-6 and SR-3, Single Family Residential with 6 and 3 DUA. To the southeast, the property is zoned SR-2, Single Family Residential with 2 DUA and to the immediate south a 19 acre parcel is zoned MR-G, Garden Density Multi-family Residential. A small area of land near the northwest corner of the property is zoned Commercial Manufacturing-1. Exhibit 1, Staff Report, Page 2. 3. One single-family residence and an accessory building currently occupy the subject property. The area to the south is developed as the Silver Springs apartment complex that contains 251 units. The adjacent areas north and east of the subject property have zoning designations that allow single-family detached housing. The Valley Freeway (SR-167) is nearby the western boundary of the subject property. Site View; Exhibit 1, Staff Report, Page 3. 4. The Kent Comprehensive Plan Land Use Plan designates the site as Low Density Multifamily. This designation occurred on March 6, 2000. From 1997 until that date, the subject property was zoned as Industrial and Commercial Manufacturing. Prior to 1997, the property was designated as Single Family Residential. The property was difficult to market as Single Family, due to noise from the nearby freeway. The property has not been developed with commercial or manufacturing businesses, presumably because of surrounding residential use. The current designation of the subject property for multifamily development appears to be the most appropriate designation. Typically, multifamily units are clustered and constructed in a way that can mitigate noise impacts. In addition, Kent Comprehensive Plan Goal LU-9 encourages a variety of housing types, options, and densities throughout the city. Exhibit 2, Staff Report, Page 8; Testimony of Mr. Gilbert.. The legal description for the subject property is SW'/,of Section 7,Township 22 North, Range 5 East, Willamette Meridian,King County,also known as tax parcel numbers 7757800155, 7757800220; 7757800221;and 7757800223, Exhibit 1, Site Conditions Survey. Findings, Conclusions& Recommendation Hearing Examiner for City of Kent Coblentz Rezone #RZ-2002-4 KIVA#2023212 Page 2 of 5 5. This is a"non-project" rezone proposal, so no specific development proposal is analyzed as part of the review of the rezone request There may be a need for sewer extensions, road improvements and other infrastructure improvements if a specific development proposal is presented for this subject property. There will be a need for mitigation of any adverse impacts that may occur with specific development proposals at the time one is presented. That analysis is not part of the review of this rezone application. Testimony of Mr. Gilbert. 6. The City issued a Mitigated Determination of Nonsignificance (MDNS) (#ENV-2000-38) for the proposal on December 5, 2000. It was not appealed. Exhibit 1, Attachment f, Mitigated Determination of Nonsignitcance. 7. Notice of the hearing was given in accordance with applicable city ordinances. No one spoke in opposition to the proposed rezone. One citizen other than the Applicants presented testimony in support of the rezone request. Testimony of Mrs Longstrom; Exhibit 1, Attachment d, Public Notice. CONCLUSIONS Jurisdiction The Hearing Examiner has jurisdiction to hold an open record hearing on this quasi- judicial rezone and to issue a written recommendation for final action to the Council, pursuant to RCW 35A.63.170 and Chapters 2 32 and 15.09 of the Kent City Code. Criteria for Review Section 15.09.050(A)(3) of the Kent Zoning Code sets forth the standards and criteria the Hearing Examiner must use to evaluate a request for a rezone. A request for a rezone shall only be granted if: a. The proposed rezone is consistent with the Comprehensive Plan; b. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity; C. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated; d. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone; Findings, Conclusions& Recommendation Hearing Examiner for City of Kent Coblentz Rezone #RZ-2002-4 KIVA#2023212 Page 3 of 5 Y e. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Conclusions based on Findings: 1. The proposed rezone is consistent with the Comprehensive Plan. The proposed zoning map amendment will change the zoning of the site to be compatible with its existing comprehensive plan designation. The proposed rezone would allow for a residential development on the subject property that will further the City's development goals in the area. Findings of Fact Nos. 1, 2, 3, 4, 5 & 6. 2. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. The proposed rezone and any subsequent development of the site authorized within the proposed zoning designation would be compatible with the existing development in the vicinity. The land immediately to the south of the subject property is developed with apartments. Several nearby parcels to the north and east of the subject site are zoned SR-6, Single Family Residential. Findings of Fact Nos. 1, 2, 3, 4, 5 & 6. 3. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. The proposed rezone by itself will not generate added trips to the existing transportation system; however subsequent development may do so if adverse impacts are not carefully mitigated at the time of development Because subsequent development may increase traffic in the vicinity, traffic impacts may require mitigation including road construction, signalization, trip reduction planning, provision for mass transit or payments toward improvement of the Kent road system. A variety of mitigation techniques are available to alleviate adverse impacts from traffic. Findings of Fact Nos 5 & 7. 4. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. The land use designation and zoning of a portion of this site was changed in 1997 from Single Family Residential, six units per acre to Industrial land use and Commercial Manufacturing-1 Zoning. The site remained undeveloped under those land use and zoning designations. In 1998 the City of Kent created the MR-T16 zoning district to facilitate increased home ownership through condominium developments. The current zoning of SR-8 and land use designation of Low Density Multifamily Residential was established for this site in 2000 as the initial step in a two step effort to convert the zoning to MR-T16. Thus, both the politics and economics of land use have changed in the past five years in a manner that Findings, Conclusions& Recommendation Hearing Examiner for City of Kent Coblentz Rezone #RZ-2002-4 K1VA#2023212 Page 4 of 5 r , supports designation of the subject property with a multifamily zone. Findings of Fact Nos 2, 3, 4 & 6. 5. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. The Applicants do not propose development at this time, but propose rezoning the subject property consistent with the intent of the Comprehensive Plan. Because the applicant does not propose development of the subject property at this time, the proposed rezone would have no impacts. Any subsequent development on the site will have to meet applicable codes and regulations in place at the time of a development proposal, as well as mitigate any adverse environmental Impacts. Therefore, the rezone proposal will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Findings of Fact Nos. 2, 5 & 6. RECOMMENDATION Based upon the preceding Findings and Conclusions, the Hearing Examiner recommends the application by Michael and Betty Coblentz for a zoning map amendment (rezone) for four existing tax parcels on 12 58 acres of property located at South 222nd Street and 88'' Avenue South be APPROVED, subject to the following condition, to be incorporated into the rezone ordinance and tracked on the clty's property Information system (KIVA): 1. Concurrent with the submittal of any site-specific application for development permit, the owner/developer shall provide a concurrency analysis to determine required public improvements needed to mitigate the Impacts of development This concurrency analysis must be conducted and completed in conformance with applicable City codes in effect at the time the permit vests. Furthermore, prior to receiving a final inspection and/or Certificate of Occupancy for the development envisioned under the permit, the owner or developer shall fully construct the improvements identified and required by the concurrency analysis or make payments in lieu of construction as deemed appropriate by the City of Kent Public Works Director. Dated this 5`h day of February 2003. jia THEODORE PAUL HUNTER Hearing Examiner ch:\\MS\SDATA\Permit\Plan\rezone\2002\2023212-2002-4FINDINGS DOC Findings, Conclusions & Recommendation Hearing Examiner for City of Kent Coblentz Rezone #RZ-2002-4 K/VA#2023212 Page 5 of 5 Kent City Council Meeting Date March 4, 2003 Category Other Business 1. SUBJECT: 2002 ANNUAL COMPREHENSIVE PLAN AMENDMENTS 2 SUMMARY STATEMENT: By City ordinance, amendments to the Kent Comprehensive Plan are processed collectively once every year. Applications for six (6) plan amendments were received by September 3, 2002 which was the deadline for 202 plan amendments. Four(4) of these applications proposed changes to both the comprehensive plan and the land use and zoning maps. The Land Use and Planning Board held a public hearing on January 27, 2003 The Board's recommendations are detailed in the attached report. 3. EXHIBITS: Staff memo, memo from Mayor White dated 2/12/03 with maps; minutes of Land Use & Planning Board public hearing; staff reported dated 1/13/03; Environmental Review Report and Addendum 4. RECOMMENDED BY: Land Use & Planning Board (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS. 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to approve/modify/deny the Land Use &P mmng Board's recommendations on the proposed 2002 annual comprehensive pia and zoning amendments, and to direct the City Attorney to prepare the necessary or finance. DISCUSSION• ACTION• Council Agenda Item No. 71�' Oaf I'fl f y•.F\ r y, )h• 1 rNf{t `.�.. �-• .. > 1, - _ �.r YItiC '.�..�..erg' Y {Nf Ira! 7 tiY � +-Q• c M w " yy • 'ryr r••r r 1 „get+.� �' !.+ r '1 t •y i 5 �} AERIAL FIGURE I VV IT#, A NORTH BARGHAUSENCONSULTIN(.ENGINEERS INC .D PULE SOURCE • Comprehensive AREA WIDE ZONING EXHIBIT �� SW 43RD ST i i P o a _o 4 �"P CITY OFRENTON t� sssrNRr KING,COUNTY T 4� 1— " amp —F- ---�-'� �KIN COUNTY i -CITY OF KENT J m.a..,..,.:die... 6NA4 c Q P a CAW NOT TO � m, J � I S I M PL *AI pV Lp.�xSN IPE �•w 9�� SSvx ,t.m.q - .n + / r r vc w r r i��� s (�• z Y.c � [qs� 1 f1P rA Y—�+• y µ _ crttrrc NZ ,.. co y bVFOG@I�YxE �, mP�GHA(i�,�2 CIVIL ENGINEERING LAND PLANNING SURVEYING ENVIRONMENTAL SERVICES ��ryhc E �Ne�� February 27,2003 COLTRIER DELIVERY Honorable Council Members City of Kent 400 Gowe St Kent WA 98032 RE Pule CPA and Rezone CPA-2002-2(C)/CPZ-2002-3 (KIVA No 2022717) Our Job No 10610 Dear Council Members, With this letter, I am enclosing important information regarding the Pule CPA and Rezone request that you need to know prior to making your decision on this application First, I am enclosing four letters from surrounding property owners in support of this proposal. Second, I would like to point out the current hazard that SE 192nd St presents It is a dead-end road with very little traffic, which has lead to substantial criminal activity, including 2 murders in the last several years And, last of all, we are proposing a higher zoning designation solely for the flexibility in design it would allow, and not for density purposes The applicant, Richard Pule, has spoken with all of his surrounding property owners about this proposal, and they have shown their support by signing the enclosed letters They see that this Comprehensive Plan Amendment and Rezone request as a chance to increase the stability of the neighborhood, provide additional "eyes on the street" to reduce the criminal activity and to upgrade the existing condition of SE 192nd St By allowing this property to develop with the development standards of a higher density zone (SR-4 5 to SR-8), we can provide a neighborhood large enough to support itself, pay for the off-site improvements necessary to support the development, and provide stability to this area As mentioned in the staff report, sensitive areas do have an impact this property Because of this, we have prepared a preliminary wetland delineated and a boundary and topographic survey to determine the extent of these areas A preliminary drawing is enclosed for your information Based on this new information, we have found that within the 9 45-acre property, the developable land is limited to approximately 5 7 acres With this amount of constraints, a property like this needs flexibility in development standards or it may never develop, leaving the City with the transitional nature of the rental homes and an area of criminal activity We are asking for you to take a step in the right direction to resolve the issues that plague this area If this Comprehensive Plan Amendment and Rezone request is denied; the criminal problem in this area will remain, SE 192nd Street will be left in its current condition, and the transitory nature of the three existing rental properties will leave the area without the stability that home ownership could offer If you were to 18215 72ND AVENUE SOUTH KENT,WA 98032 (425)251-6222 (425)251-8782 FAX BRANCH OFFICES ♦ OLYMPIA,WA ♦ WALNUT CREEK,CA www barghauwn com Honorable Council Members City of Kent -2- February 27, 2003 approve this request to any higher zoning designation (SR-4.5, SR-6 or SR-8), it would allow the design flexibility necessary to encourage the development of the property and resolve these problems Thank you for your time and consideration of our request. Sincerely,, W MCA Eric G.LaBrie Senior Planner EGI/pj 10610c.017 doc enc. As Noted CC. Ms Charlene Anderson,City of Kent(w/enc) Mr. Bill Osborne,City of Kent(w/enc) Mr. Richard Pule(w/enc) Ms Harley Mattson,Barghausen Consulting Engineers, Inc Fax:530-342-2365 Feb 26 '03 9:58 P.02 January 21,2003 City of Kent Land Use Planning Board Ri : Pule Comprehensive Plan Amendment and Rezone Request Our Job No. 10610 Dear Chairman: As a aeighbor living off of S.E. 192nd Street between the Pule Comprehensive Plan Amendment site and Talbot'Road South, we wanted to inform you of our support for this application. We believe that the development of this property will result in a better, more stable neighborhood than is provided with the khree rental units which exist on the property. Please consider this letter in your decision regarding the Caidpi6hensive Plan Amendment and Rezone Request_ Respectfully, . 7 1 � C1.346.dtx Fax:530-342-2365 Feb 26 '03 9:58 P.03 January 21,2003 City of Kent Land Use Planning Board RE: Pule Comprehensive PIan Amendment and Rezone Request Our lob No. 10610 Dear Chairman: As a neighbor living off of S.B. 192nd Street between the Pule Comprehensive Plan Amendment site and Talbot Road South, we wanted to inform you of our-sv Wbhthatp h g� the development of this property will result.inrabetter, than iej bvided with the three rental units which exist on the property. Pleaw-'fon'4 er this letter in your decision regarding the Comprehensive Plan Amendment and Rpzoue Retfuest._ - Respec3ij C1.346doc e—mo,) t l��jhlV1( �fn� t WII��CI � 41� G Kidd Fax:530-342-2365 Feb 26 103 9:58 P.04 January 21,2003 City of Kent Land Use Planning Board RE: Pule Comprehensive Plan Amendment and Rezone Request Our Job No. 10610 Dear Chairman: As a neighbor living off of S.E. 192nd Street between the Pule Comprehensive Plan Amendment site and Talbot Road South, we wanted to inform you of our support for this application. We believe that the development of this property will result in a better, more stable neighborhood than is provided with the three rental units which exist on the property. Please consider this letter in your decision regarding the Comprehensive Plan Amendment and Rezone Request. Respectfully, 19��5 `i albot Rd s " �e�'ov� Wash q�a55 Ci.346,doc p�s3-852-036� Fax:530-342-2365 Feb 26 '03 9:59 P.05 January 21,2003 City of Kent Land Use Planning Board RR: Pole Comprehensive Plan Amendment and Rezone Request Our Job No. 10610 Dear Chairman: As a neighbor living off of S.E. 192ad Street between the Pule Comprehensive Plan Amendment site and Talbot Road Swarth, we wanted to inform you of our support for this application. We believe that the development of this property will result in a better,more stable neighborhood than is provided with the three rental units which exist on the property. Please consider this letter in your decision regarding the Comprehensive Plan Arendment and Rezone Request. Respectfully, C1.346.doc P&fo3 , AREA WIDE ZONING EXHIBIT SW 43RD ST FF I Y Z — L i L!L ���1 ,s ,CITY OFRENTON $ sr ' KING COUNTY _ ,;r10v3 u _aOQPC/IP__ 1! mI l S� z< --{_-- - KING COUNTY CITY OF KENT - - ----- - —_ r�I -- S- - r1a SOURCE OFINFORM TION --f� --, �— _ : mZ NOT TO SCALE •h��'he•.<,Nhh F 110000a11p61PaR�i0if,10810.T1 W� S 192ND STREET } 8 — _ 3 09 �° $0 Cr O Om4 l v ' yrr o D v �(n ,,fi�r f'/"O 80 1 \ > 1 � 7 o M f 1I 0 8 0 o°p6o ° o ° `✓ ON 0 0 � o 10 s ° o D � O 0 00 90 ©fb F b O /oo - o\ o 0 0 0 �] 0GO fn 01,80a o co CD o > D _ I D D q I r D D D n n C? e N° GSA(/ Title. IV y, 15215 72ND AVENUE SOUTHXEN °"" —" PRELIMINARY SURVEY 10610 P to (425j WA 6222 �� AND WETLAND DELINEATION � 1'(425)251-6222 cn.we NN ='-=oP (4zs)2sNEORM ND RICHARD PULE For: mp a SU ENGINEERING IAND PUNNING, CHICO= CA 95926 1 1 i�Nc eNaM��p SURVLYING, ENNRONNENi�L GETIGES p°=. i is a� OFFICE OF THE MAYOR Jim White, Mayor Phone 253-856-5700 S�EN"j' Fax 253-856-6700 WA..I".7." Address 220 Fourth Avenue S Kent,WA 98032-5895 February 25, 2003 TO COUNCIL PRESIDENT JUDY WOODS AND CITY COUNCIL MEMBERS FROM CHARLENE ANDERSON, AICP, PLANNING MANAGER RE PROPOSED 2002 COMPREHENSIVE PLAN AND ZONING TEXT AND MAP AMENDMENTS#CPA-2002-2(A-F) At your February 18th workshop, the City Council received from Mayor White the recommendations of the Land Use and Planning Board regarding the Comprehensive Plan and Zoning Amendments for 2002 The City received a total of six (6) requests for Comprehensive Plan Amendments, four (4) of these involve changes to the Comprehensive Plan Land Use Map and corresponding Zoning Map changes (see attached maps) Two of the requests involve Text Amendments to the Capital Facilities Element The six (6) proposed amendment applications have been classified as Proposals A through F and details of the proposals are in Mayor White's February 12, 2003 memo that is included in the agenda packet The City Council may approve, modify or deny the Board's recommendation for the following proposed amendments 1) KNIPP#CPA-2002-2(A)/#CPZ-2002-1 2) RUTH 4CPA-2002-2(B)/#CPZ-2002-2 3) PULE #CPA-2002-2(C)/#CPZ-2002-3 4) MAPLE VISTA #CPA-2002-2(D)/#CPA-2002-4 5) a) Federal Way School District#CPA-2002-2(E) b) Kent School District#CPA-2002-2(E) 6) CITY OF KENT CAPITAL FACILITIES ELEMENT#CPA-2002-2(F) Staff will be available at the March 4, 2002 City Council workshop to discuss the Land Use and Planning Board recommendations and answer questions S\Pernut\Plan\CompPlanAmdments\2002\2022646-cpa2002-2a-fcc2 doc OFFICE OF THE MAYOR Jim White, Mayor Phone 253-856-5700 Fax 253-856-6700 Address 220 Fourth Avenue S KENT Kent,WA 98032-5895 W,.s MINGTON February 12, 2003 TO COUNCIL PRESIDENT JUDY WOODS AND CITY COUNCIL MEMBERS FROM MAYOR JIM WHITE RE PROPOSED 2002 COMPREHENSIVE PLAN AND ZONING TEXT AND MAP AMENDMENTS #CPA-2002-2(A-F) It is my pleasure to forward to the City Council the recommendations of the Land Use and Planning Board regarding the Comprehensive Plan and Zoning Amendments for 2002 These recommendations are presented to you from the Land Use and Planning Board public hearing held January 27, 2003 as per RCW 35A 63 070, 071 and 072 The City received a total of six (6) requests for Comprehensive Plan Amendments, four (4) of these invoke changes to the Comprehensive Plan Land Use Map and corlespondmg Zoning Map changes (see attached maps) Two of the requests involve Text Amendments to the Capital Facilities Element The six (6) proposed amendment applications have been classified as Proposals A through F, and a brief description of each request follows Proposal A - KNIPP #CPA-2002-2(A)/#CPZ-2002-1 (KIVA#2022646) #ENV-2002-40(A) (KIVA#2022644) Change in Comprehensive Plan Land Use Map and Zoning Map for property located at 26922132nd Avenue Southeast Applicant(Agent) James Knipp Existing Designation Requested Change Staff Board Recommendation Recommendation Comprehensive SF-6(Single-Family Plan LAND USE 6 units/acre) (Commercial) DENIAL DENIAL Ma ZONING Districts SR-6 (Single-Family CC(Community DENIAL DENIAL Map 6 05 units/acre) Commercial) 2002 Comprehensive Plan and Zoning Map Amendments Page 2 PROPOSAL B — RUTH #CPA-2002-2(B)/#CPZ-2002-2 (KIVA#2022682) #ENV-2002-40(B) (KIVA #2022681) Change in Comprehensive Plan Land Use Map and Zoning Map for property located at South 216th Street& 46`"Avenue South (4412 S. 216°i St.) Applicant(Agent) Harley Mattson, Barghausen Consulting Engineers Existing Designation Requested Change Staff Board Recommendation Recommendation Comprehensive SF-1 (Single-Family SF-3 (Single-Family Plan LAND USE 1 unittacre) 3 units/acre) DENIAL DENIAL Ma ZONING Districts SR-1 (Single-Family SR-3 (Single-Family DENIAL DENIAL Map 1 unitlacre) 3 63 units/acre) PROPOSAL — PULE #CPA-2002-2(C)/#CPZ-2002-3 (KIVA#2022717) #ENV-2002-40(C) (KIVA#2022716) Change in Comprehensive Plan Land Use Map and Zoning Map for property located at 9119 South 192"d Street Applicant(Agent) Harley Mattson, Barghausen Consulting Engineers Existing Designation Requested Change Staff Board Recommendation Recommendation Comprehensive SF-3 (Single-Family SF-8 (Single-Family Plan LAND USE 3 units/acre) 8 units/acre) DENIAL DENIAL Ma ZONING Districts SR-2 (Single-Family SR-8 (Single-Family SR-3 SR-3 Map 2 18 units/acre) 8 71 units/acre) Both Staff and the Land Use and Planning Board are recommending DENIAL of the Comprehensive Plan Land Use Map amendment and APPROVAL of an amendment of the Zoning District Map to SR-3, Single Family Residential (3 63 dwelling units per acre), consistent with the comprehensive plan land use designation PROPOSAL D — MAPLE VISTA #CPA-2002-2(D)/#CPA-2002-4 (KIVA#2022742) #ENV-2002-40(D) (KIVA#2022741) Change in Comprehensive Plan Land Use Map and Zoning Map for property located at 20129 92nd Avenue South A Iicant A ent Roberta Marta, DBM Consultants Existing Designation Requested Change Staff Board 2002 Comprehensive Plan and Zoning Map Amendments Page 3 Recommendation Recommendation Comprehensive SF-3 (Single-Family SF-6 (Single-Family Plan LAND Use 3 units/acre) 6 units/acre) DENIAL DENIAL Ma ZONING DIStrICtS SR-3 (Single-Family SR-6 (Single-Family DENIAL DENIAL Map 3 63 units/acre) 6 05 units/acre) PROPOSAL E —#CPA-2002-2(E) (KIVA#2022258) Update of the Comprehensive Plan and Kent City Code Chapter 12.13 to reflect changes to Federal Way School District and Kent School District Capital Facilities Plans The Land Use and Planning Board is recommending DENIAL of this application Staff is recommending APPROVAL. Included in the workshop agenda packet is a reference to Revised Code of Washington, Kent City Code and the Kent Comprehensive Plan regarding school impact fees PROPOSAL F — #CPA-2002-2(F) (KIVA#2022xxx) Update of Comprehensive Plan Capital Facilities Element The Land Use and Planning Board is recommending DENIAL of this application Staff is recommending APPROVAL Included in the workshop agenda packet is a reference to provisions of the Growth Management Act regarding the City's capital facilities plan budget Staff will be available at the February 18, 2002 City Council workshop to discuss the Land Use and Planning Board recommendations and answer questions S\Perrmt\Plan\CompPtanAmdments\2002\2022646-cpa2002-2a-fcc doc e N L o c N � Y y� C {� O 0 w. 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I ( �, IL o ,N �, N � a Z ir Ulf Y - •. . ICI � °� i� •: / ® , • .Y�3 3, ziu x 1 r "r 'Mr '. ; mot" <.,. .">� Mmg �� � ,� �y `•�"" "� .-a-.�,�«- ram �i-��tr�"'y`a'���y� J � •f �T "T• '"c sT'js ma's' `� d� "��'�i"ti: n r . ��* 2 I'VIn Y k � •k YN�_ w �� LN K Y r • ri • a , �F '--'���f�,�"�"• �r� -�.ey.3a7c r ^� a ��L�� ON MCAIMMWAIP INIM Via, RON J� ALfl� r r�� riv_� .mlllik� r Arras Ell ME Im� i -1 IF"ll �+=., =C ,na _ �^-'SIN �., � ..��•r � z o- y`i:r s -"sa$ a���'�f *9.ef,� � I t met. ' � � !" � w.•a F �.. • 1111 � 1 . . �� �� ab � 'ram � �•� �!�� - .. .. �' Iff Egli s t �� #� ac,r:3 ds �Gc�"�, �ozp y��.�' +�+.�F� �"�'�•.e �a��.d y.45�o'���y�}��' 1.«"'y]y *-�+ c�,," �yr}�v'�T� A. �.',�n r�F "°xt.F �CTRf�Gwi1' •iT' ,y�" f'."� �`��"���' COMMUNITY DEVELOPMENT Fred N Satterstrom, C D Director PLANNING SERVICES • Charlene Anderson,AICP, Manager KENT Phone 253-856-5454 w,s„,,,G,o„ Fax 253-856-6454 Address 220 Fourth Avenue S Kent,WA 98032-5895 LAND USE & PLANNING BOARD MINUTES PUBLIC HEARING JANUARY 27, 2003 The meeting of the Kent Land Use and Planning Board was called to order by Chair Ron Harmon at 7 00 p m on Monday, January 27, 2003 in Chambers West of Kent City Hall LUPB MEMBERS PRESENT: STAFF MEMBERS PRESENT: Ron Harmon, Chair Charlene Anderson, AICP, Planning Manager Steve Dowell William D Osborne, Long Range Planner David Malik Leonard Olive, Public Works Engineering Deborah Ranniger Kim Adams-Pratt, Asst City Attorney Les Thomas Pamela Mottram, Administrative Secretary LUPB MEMBERS ABSENT: Nicole Fincher, Vice Chair, Excused Jon Johnson, Excused APPROVAL OF MINUTES Les Thomas MOVED and David Malik SECONDED to approve the Minutes of November 25, 2002 Motion CARRIED ADDED ITEMS: None COMMUNICATIONS None NOTICE OF UPCOMING MEETINGS The Land Use and Planning Board will hold a workshop February 10 at 7 00 p m on the PUD amendment and the Comprehensive Plan Land Use Element #CPA-2002-2 (E) KENT & FEDERAL WAY SCHOOL DISTRICTS CAPITAL FACILITIES PLAN Mr Osborne stated that the school districts' annual proposal seeks to amend the Kent City Code as it pertains to the collection of school impact fees He stated that this year the Kent School District is proposing an increase of approximately 10% from $3782 00 to $4147 00 per single family unit and an increase for multifamily units from $2329 00 to $2554 00 Mr Osborne stated that the Federal Way School District proposes a $3865 00 fee for single family units which is an increase of approximately 48% from the previous year and a $1086 00 fee for multifamily units which is an approximate increase of 21% over the previous year Mr Osborne stated that the impact fees appear to represent approximately 3% of the total funding sources for new construction in the Federal Way School District He stated that the Kent School District is expected to contribute approximately 40% of the cost of construction, which does not include the cost of site work or architectural fees Mr Osborne stated that staff is recommending approval of this request Mr. Malik questioned how the Federal Way School District fees increase will affect the cost of new single family housing construction in Kent In response, Mr Osborne stated that it is his understanding that some Federal Way citizens have students who attend schools within the City of Kent and vice versa. Mr. Osborne stated that from a capital facilities perspective, the schools are funded through collection of impact fees on development of residential units with the anticipation that each of those units will create an additional demand on the School District's system Geri Walker, Federal Way Public Schools, 3140518'h Ave. S, Fed. Way, WA 98003 stated that the Federal Way School District has three schools located in the City of Kent and that impact fees would be collected from homes constructed within Kent served by those schools Ms Walker stated that the City of Federal Way and King County have adopted a 47% increase in fees for the unincorporated sections Ms Walker stated that a portion of the City of Des Moines is located within our school district boundaries, although Des Moines does not have a school impact fee ordinance Les Thomas MOVED and Deborah Ranniger SECONDED to open the Public Hearing Motion CARRIED. Chair Harmon declared the public hearing open Paul Morford, P.O. Box 6345, Kent, WA stated that he is opposed to fee increases and would like to see these fees eliminated He stated that every added dollar raises the price of a new home in the City of Kent, stating that the school impact fees are unfair and are taxation without representation Geri Walker, Federal Way Public Schools, 31405 18th Ave. S, Fed. Way, WA 98003 stated that the funds collected from impact fees are used to offset the increase in student capacity by building new schools or placing portables at existing school sites Mr Dowell questioned if it were possible to raise the impact fees through a different means such as bond issues Ms. Walker stated that existing school bond issues are building schools and that she is unaware A other methods by which to generate the necessary funds Ms Walker stated that this year's substantial increase in fees is a function of the formula within the ordinance and is based on increases in the secondary schools'student population. Ms Walker stated that this year's plan included the purchase of a permanent home for the Federal Way Public Academy at the cost of 5 million dollars, serving the whole district as well as many Kent students David Malik MOVED and Les Thomas SECONDED to close the Public Hearing Motion CARRIED Chair Mr Harmon declared the Public Hearing closed Mr. Dowell concurred with Mr. Malik in not supporting staffs recommendation for approval of this amendment, as a 47% increase in impact fees is too steep. Chair Harmon questioned what percentage of the Federal Way School District occupies Kent and vice versa. Gwenn Escher-Derdowski, Kent School District, 12033 SE 2561h St., Suite A-600, Kent, WA stated that the City of Kent is comprised of approximately 80% Kent and 20% Federal Way District Schools Ms Derdowski stated that school district boundaries were set long before most cities were incorporated or annexation occurred She stated that the Kent School District serves a portion of unincorporated King County, Covington, a small portion of Sea Tac and a small portion of the City of Auburn Ms Derdowski stated that the Capital Facilities Plans are updated annually and reviewed by loc� jurisdictions, Planning Commissions, City Councils, and the School Technical Review Committee f King County and the King County Council Land Use and Planning Board Minutes January 27,2003 Ms Ranniger questioned how fees would be assessed if a builder constructed two houses where both are in the City of Kent, however, one is located in the Federal Way School District and one is located in the Kent School District Ms. Derdowski stated that the fee is connected to the Capital Facilities Plan of the school district that the house is built in She stated that the house built in the Federal Way School District would pay $3894 00 and the house in the Kent School District would pay $4147 00 Ms Derdowski stated that impact fees are calculated based on factors included in the Capital Facilities Plan such as variables in student generation, construction, land and portable building costs Mr. Dowell voiced concern that this system of financing education is unfair and voiced his opposition to this amendment Les Thomas MOVED and Steve Dowell SECONDED to recommend DENIAL of#CPA-2002-2 (E), Kent and Federal Way School Districts Capital Facilities Plans MOTION CARRIED unanimously #CPA-2002-2 (F) CITY OF KENT FINANCE CAPITAL FACILITIES ELEMENT AMENDMENT Mr Osborne stated that the Finance Department has proposed a new list of projects for the years 2003-2008, that are included in the Capital Improvements Program as well as show sources of revenue and expenditures Mr Osborne stated that the Growth Management Act requires that the Capital Facilities Element be updated to reflect the growth of the City in order to maintain concurrency with the Land Use and Transportation Elements He stated that staff recommends approval of this request David Malik MOVED and Les Thomas SECONDED to open the Public Hearing Motion CARRIED Seeing no speakers, Steve Dowell MOVED and Les Thomas SECONDED to close the Public Hearing Motion CARRIED Chair Mr Harmon declared the public hearing closed Mr Dowell stated that he does not support staff's recommendation to approve this amendment Steve Dowell MOVED and Les Thomas SECONDED to recommend DENIAL of #CPA-2002-2(F) City of Kent Finance Capital Facilities Element Amendment MOTION CARRIED 4 to 1 Mr Osborne submitted the following Exhibits for the record Knipp Amendment Exhibit 1) E-mail letter from Richard Pasco dated January 27, 2003 indicating that he does not favor Community Commercial zoning north of the initial subject site parcels that front Southeast 270`h Street Ruth Amendment Exhibit 1) Letter from Barghausen Engineers dated November 7, 2002, concerning wetlands along with"Habitat Technologies Wetlands Assessment and Report" Exhibit 2) Letter from Barghausen Engineers dated December 23, 2002, concerning wetlands and future development, river levees and flood elevations, traffic, agricultural land study, and City liability Pule Amendment Exhibit 1) Letter from Barghausen Engineers dated November 8, 2002, concerning site access, wetland issues and slopes Exhibit 2) Letter from Barghausen Engineers dated January 8, 2003, concerning traffic issues Exhibit 3) Cover Letter from Barghausen Engineers dated January 16, 2003 along with a traffic impact analysis This exhibit has since been withdrawn Exhibit 4) Letter from Rebecca Lind, Economic Development Director with City of Renton concerning transportation issues on subject site. Steve Dowell MOVED and Les Thomas SECONDED to accept the documents into the record Motion CARRIED. Land Use and Planning Board Minutes January 27,2003 Page 3 of 17 #CPA-2002-2 (A)/CPZ-2002-1 KNIPP AMENDMENT Mr Osborne stated that the subject site is located at 26922 132nd Avenue Southeast and is comprised of four parcels totaling 5 12 acres in size He stated that the site has an existing land use map designation of SF-6, Single Family, Six (6) units per acre and a zoning designation of SR-6, Single Family Residential (6) units per acre. Mr Osborne stated that the applicant proposes changing the Comprehensive Plan Land Use Map Designation to (C) Commercial and the Zoning Designation to (CC) Community Commercial Mr. Osborne stated that the south boundary of the subject site is located approximately 700 feet north of the intersection of Kent Kangley and 132nd Avenue He stated that inventoried wetlands impact the site along the frontage of 132no Avenue Southeast Mr Osborne stated that the subject site is bounded on the north and south by private roads that access residential units Mr Osborne stated that King County Metro Park and Ride is across from the site with the Meridian Place Shopping Center nearby He stated that Walgreens is located south of the site Mr Osborne stated that multifamily residential exists to the east by southeast with single family residential to the north of the subject site Mr Osborne stated that two parcels consisting of single family detached units located on the south side of Southeast 270t" are zoned Community Commercial Mr Osborne stated that if the subject site were considered for commercial use in its entirety, the residential units at the rear of the subject site would experience limited access to their properties Mr Osborne stated that commercial development would require improvements to the access tract, which is approximately 24 feet in width. Mr Osborne stated that the central parcel is undeveloped He stated that if this site were developed for commercial use, a wetland delineation would assist in determining access points Mr Osborne stated that staff does not favor access to a commercial development along the roads that serve the private residences Mr Osborne said that staff recommends dental of this amendment In response to Mr. Thomas, Mr Osborne stated that it is his understanding that the parcel in question could have the right of egress and ingress as a single family use at the current zoning. He stated that there could be issues with site development standards that apply to Community Commercial zoning Mr Malik voiced concerns about wetlands and traffic impacts along Kent Kangley and 132no, inquiring of Public Works future plans for this area Chair Harmon questioned if the applicant had originally requested NCC zoning then changed to Commercial after determining that auto repair was not permitted in the NCC zone Mr Osborne stated that as he understands it, some restrictions would apply under the CC zoning and that the applicant was made to understand that the City of Kent approved an amendment last year outlawing auto repair businesses as a home occupation. He stated that this type of use would not be allowed to continue, at least under single family zoning, and that Community Commercial zoning would require development to Community Commercial standards In response to Mr Harmon, Mr Osborne stated that he understood that the auto repair business was not operating at the time Kent annexed this site and that a nonconforming use cannot be grandfathered if the property has transferred ownership Mr Osborne stated that staff is concerned that commercial development of the subject site would create aesthetic impacts to the neighboring single family residents, and traffic impacts would be significant. Mr Thomas questioned whether the two homeowners could retain exclusive use of their driveway Mr Osborne stated that a contract rezone could be possible, emphasizing that developing the site to commercial standards would create impacts for the surrounding residences not related to traffic 0 Charlene Anderson corrected a statement made by Mr Osborne stating that if an existing nonconforming use changes ownership, that would not of itself deem the use illegal Land Use and Planning Board Minutes January 27.2003 Page 4 of 17 Leonard Olive, City of Kent, Public Works Engineering stated that according to the City's wetland Inventory, the site is encumbered with what could be considered Type 2 wetlands which would require an additional 50 feet of buffer, creating some serious constraints to development of that site Mr Olive stated that a recent study Indicates that the north and south bound traffic through the intersection of 132nd and Kent Kangley Road is operating at (LOS-F) or a Failing Level of Service Mr Olive stated that approximately 21,000 vehicles travel on 132nd on any given week day and that development on this site could add as much as 4,400 daily trips or a twenty percent increase to 132nd Mr Olive stated that staff has considered that development on this site would likely require considerable on-site lighting which would cast street glare on the residential portions of this neighborhood Mr Thomas questioned Public Work's future expansion plans for 132"d Mr, Olive stated that Kent's current design standards for 132rid include a fifty foot wide asphalt roadway with five traffic lanes and a five foot bicycle lane in each direction He stated that plans for future development of this street is included in Kent's Comprehensive Plan Mr Harmon questioned if the private road that currently serves the two existing residences could be widened for access to the back two parcels in order to accommodate commercial buildup Mr Osborne stated that Public Works would have to make a determination as to whether there would be sufficient right-of-way that could be dedicated for a road that would serve these parcels He stated that impacts exist with respect to community commercial and the residents accessing the same road Mr Osborne stated that this issue was discussed last year as a part of the Soos Creek Comprehensive Plan Amendment and staff determined that commercial traffic would conflict with residential use Mr Osborne stated that staff placed conditions on that rezone that the commercial use of the subject site would not have access to a residential cul-de-sac road Mr Olive stated that staff has not gathered information on easement rights concerning the private access road which serves the two homes nor analyzed the potential impact of adding commercial traffic to the roadway near the residential houses Mr Olive stated that staff would prefer that this type of mix not occur Les Thomas MOVED and David Malik SECONDED to open the public hearing Motion CARRIED Chair Mr Harmon declared the public hearing open James Knipp, 13002 SE 285t", Kent, WA stated that he has resided on South 132nd across from Reber Ranch for thirty years Mr Knipp stated that his property would best serve the community in a commercial capacity, noting that commercial businesses currently exist nearby, along with a 172 car metro park and ride lot, and that 132"d Street is proposed for future improvements Mr Knipp voiced his skepticism over staff's estimation that commercial development on his site could increase daily traffic flow by 4400 vehicles Mr Knipp stated that he has carefully studied the water runoff patterns on this property and has noted that water runs towards the front of the site at 132no, running into a ditch at that point He stated that at the time his property is developed provisions would be made for the water runoff In response to Mr Thomas, Mr Knipp stated that the deed to his property does not include provisions for an easement to the private road Dean Sabey, 21410 132"d SE, Kent, WA stated that he has owned the long parcel and the one acre parcel behind Mr Knipp's property for 15 years prior to the annexation to the City He stated that it is his understanding that current regulations could allow for the relocation of wetlands through mitigation and he would propose relocating existing wetlands Land Use and Planning Board Minutes January 27,2003 Page 5 of 17 Mr Sabey stated that he believes that this site would be a good transitional area, amenable to neighborhood commercial development. He suggested a daycare center or a doctor's office as types of development that would complement the area and at the same time reduce vehicular trip counts In response to the Board's Inquiry, he stated that he has legal access to the private road Nick Dispensa, 13321 SE 2681h St., Kent, WA voiced his concern that if commercial development were to occur that traffic would Intensify and critically impact the neighboring residents He stated that as development occurs the stripping away of evergreen trees alters the environmental habitat Mr. Dispensa stated that until the traffic congestion is resolved in this area, commercial zoning should not be allowed. He stated that he would support single family residential, two units per acre, which would be consistent with existing zoning in the area of one to two single family houses per acre Lillian Robinson, 13236 SE 270th St., Kent, WA stated that she accesses her residence from 132nd Street. She stated that the subject site is a swamp, voicing concern about what would happen to all the water if that site were to be filled in Ms Robinson stated that traffic is heavy on 132nd specifically during peak trip times between 4 and 6 30 p m , citing the fact that it is often difficult to access 132nd from their private road She stated she and her neighbor maintain the private road Ms Robinson stated that she does not support the applicant's request for a rezone Maurice Murphy, 13405 SE 268th St., Kent, WA submitted a letter dated 1/27/03 for the record defined by staff as Exhibit#2 Mr Murphy voiced his opposition to Mr. Knipp's amendment stating that this amendment requests broad authority to make unspecified changes which could prove hazardous to people, property and the environment Mr Murphy asked why there would be a need to request a rezone for commercial development on this site prior to infrastructure upgrades He stated that traffic is heavy at this site where it approaches Kent Kangley during peak loads and the stop light at this intersection backs up traffic beyond the metro bus stop He stated that there is not a crucial need for additional commercial development at this time, as commercial development already exists at Kent Kangley and 132nd Avenue Mr Murphy stated that he was of the opinion that the City should receive a comprehensive analysis of the business needs for that area and an accurate wetlands delineation for that site as a premature and inaccurate analysis could lead to vacant commercial buildings, creating problems for the City and the neighborhood Mr Murphy stated that at one time, King County's surface water management plan called for an east to west migration and water flow to the control ditches along 132nd in this area Mr Murphy stated that his property lies adjacent to the east end of the proposed zone change area He stated until there is a plan that includes building uses and proposed handling of environmental issues, a change to commercial status should not be considered Paul Morford, P.O. Box 6345, Kent, WA 98064 stated that he resides on 132nd north of the subject site and supports the applicant's request for a rezone to commercial He stated that if this site is approved for commercial development then the City will acquire free road improvements on 132nd through the conditions of development and not at taxpayer's expense Earlene Murphy, 13405 SE 268th St., Kent, WA voiced her opposition to the applicant's request for commercial zoning She stated that mosquitoes from the existing wetlands on the subject site have generated health hazards and fears that if the wetland area on the site expanded in size, the problem with mosquitoes would intensify Ms Murphy stated that her family does not want their property backed up to a commercial development site David Malik MOVED and Les Thomas SECONDED to close the public hearing Motion CARRIED Chair Harmon declared the public hearing closed Land Use and Planning Board Minutes January 27,2003 Page 6 of 17 Chair Harmon MOVED and Steve Dowell SECONDED to accept staffs recommendation to Deny CPA- 2002-2(A)/CPZ-2002-1 Knipp Amendment Motion CARRIED Unanimously . #CPA-2002-2(B)/#CPZ-2002-2 RUTH AMENDMENT Mr Osborne stated that the subject site consists of two parcels, 9 2 acres in size He stated that this property is topographically flat and vacant of any structures located along the north side of South 216" Street He stated that the street frontage is unimproved and the subject site and several large parcels in the vicinity are currently zoned SR-1 per Ordinance #3611, known as the Agricultural Lands Amendment passed by City Council on August 6, 2002 Mr. Osborne stated that properties located immediately to the east are zoned SR-3 and property adjacent to the northwest is zoned A-10 Agricultural He stated that parcels along the western boundary of the subject site and to the northeast are zoned SR-1 He stated that the subject site and parcels in the vicinity are primarily undeveloped although the parcel adjacent to the east has been used as a soil supply yard Mr Osborne stated that both subject parcels appear entirely to be encumbered with inventoried wetlands and creeks that may limit future development He stated that the subject site is located within the Johnson Creek Watershed, which flows to the Green River and is located in an area where the existing Green River levees are considered to be below the levels to contain the river during 100 year flow periods Mr Osborne stated that the lack of adequate river levees in this area might create a significant risk to the property, its owners and any occupants Mr Osborne stated that one of the criteria for review is this amendment would not result in development that will adversely affect public health, safety and general welfare He stated that the subject site, coupled with the impending determinations of a prior converted crop land status and the 100 year flood plain status could establish significant probable adverse impacts to the public health, safety and general welfare Mr. Osborne stated that the potential liability costs to the city for flood damage could increase commensurate with the addition of new residences Mr Osborne stated that one of the criteria for review of proposed amendments is whether the amendment is based on new information that was not available at the time of the adoption of the Comprehensive Plan or that circumstances have changed since the adoption of the Plan He stated that staffs comment is that the agricultural lands study culminated with the Agricultural Lands Amendment after 18 months of policy discussions involving the Land Use and Planning Board, the City Council, property interests and public participation Mr Osborne stated that the subject site was included in the agricultural lands study He stated that sufficient evidence of a change in the existing conditions of this site since the Council decision of July 9, 2002, has not been provided to warrant redesignating the subject site to SF-1, Single Family Residential, One unit per acre Mr Osborne stated that another criterion for review is whether the amendment is consistent with other Goals and Policies of the Comprehensive Plan and maintains concurrency between the Land Use Transportation and Capital Facilities Elements of the Plan Mr Osborne stated that this proposal would conflict with previously identified natural constraints on the subject site He stated that recent voter approved initiatives have limited the ability of local governments to provide funding for transportation improvement projects and that Initiative 776 approved in November 2002, if deemed constitutional, will remove substantial funds from the City's transportation budget • Mr Osborne stated that the City is in the process of updating its Comprehensive Plan and will be reviewing consistency between the Land Use and Transportation Elements, in particular considering funding options Mr Osborne stated that until the review is complete, consideration of individual amendments might be premature Land Use and Planning Board Minutes January 27,2003 Page 7 of 17 Mr Osborne stated that this proposed rezone is consistent with the Comprehensive Plan but not consistent with the Comprehensive Plan Land Use Map Designation for the property which is SF-1, Single Family Residential, one unit per acre He stated that the conditions considered in the Agricultural Lands study have not been conclusively replaced with the material received by City staff from the applicant Mr Osborne stated that another criterion for review is the proposed rezone would not unduly burden the transportation system with significant adverse impacts, which cannot be mitigated He stated that staff has commented that an increase in the use of Frager Road (a designated scenic route) as a primary access road for accessing additional residential units could degrade the quality of the road for serving its intended purpose. Mr. Osborne stated that staff recommends Denial of this amendment Mr Malik questioned how this site would affect Frager Road, 42"d and Orillia Road Mr. Olive stated that Frager Road is a scenic corridor. He stated that even if the City wanted to improve Frager Road, they are unable to do so as the City only has a prescriptive right-of-way, confined to the maintenance of the pavement area only Mr Olive stated that staff cannot determine how development of this site would affect Frager Road He stated that when the west leg of the 228In Corridor is constructed, connecting 42rid to the south, this should divert some traffic from Frager Road Ms Ranniger voiced concern that extensive wetlands and a river levee are concerns on this site as well as the flood plain issue Mr. Olive stated that the applicant mentions that the land qualifies as prior converted cropland He stated that he spoke with Ms Walker of the Army Corp of Engineers on October 29, 2002, and she indicated that she had no knowledge that this determination had been made nor was she aware of any application to that effect Mr Olive stated that if for some reason this site is determined to not be prior converted cropland, the City would have a third party complete a peer review on the updated wetlands delineation and then would operate on the basis of that peer review. He stated that if the City receives documentation confirming this site as prior converted cropland, then the City has no jurisdiction Mr Olive stated that Kent participates in a flood insurance program administered by FEMA He stated that in order for the City to qualify for this program, Kent has to abide by specific rules which include the requirement for a two foot freeboard on the Green River above the 100 year flood stage Mr Olive stated that the City sent a survey crew to evaluate the condition of the levee along the 228t" corridor in a northerly direction and in the area of 216t", discovering five deficiencies in the vertical elevations of the levee as required by FEMA He stated that the County administers the flood control district that the City is bound to and the County is reviewing these data Mr. Olive stated that if homes were built in this area, it is likely that a considerable amount of fill would have to be added to the property to meet the finished floor elevations of one foot above the 100 year flood plain level. Les Thomas MOVED and David Mr Malik SECONDED to open the public hearing Motion CARRIED Chair Mr. Harmon declared the public hearing open Eric LaBrie, Barghausen Consulting Engineers, 18215 72"d Avenue S, Kent, WA stated that a tremendous amount of work was done with respect to this parcel and the Agricultural Lands Ordinance that was passed last year Mr LaBre stated that this parcel was designated as a receiving site for up to 16 dwelling units per acre and it was his understanding that Council did not pass the density transfe ordinance and as such, a receiving site had nothing to receive Mr LaBrie stated that a wetland delineation report has been submitted to the City but not to the Corp of Engineers for a final determination as to whether or not this site is considered to be cropland Mr Land Use and Planning Board Minutes January 27,2003 .---G of 47 LaBne stated that this land would qualify for prior cropland status based on the experience and professional recommendation of Tom Deming with Habitat Technologies He stated that the wetland delineation assures us that developable land exists on this site Mr. LaBne stated that significant traffic Improvements have been made to 42nd Avenue as it approaches Oriliia Road Mr Olive stated that if development were to occur, Improvements would be required along the 216Ih Street frontage Mr LaBne stated that Improvements to the 228th Street Corridor would be in place prior to any development of this property emphasizing that this amendment was merely a zoning action request at this point He stated that development is subject to completing new environmental review and application, saying that any development of this site would not occur for two to five years Mr LaBrie stated that he should be given the opportunity to mitigate any potential traffic Impacts to the subject site Tom Deming, Habitat Technologies, 606 E. Main St., Suite C-2, Puyallup, WA stated that he considers plant communities, soils and hydrology patterns consistent with both the Federal and the State Wetlands Manual when he evaluates wetland conditions Mr Deming stated that wetland studies were completed for this site in 1999, 2000 and 2001 He stated that he authored both the 2001 delineation document followed by an updated revision letter in 2002 Mr Deming stated that the subject site has the status of being prior converted cropland He stated that a Federal Regulatory Program governed by the Army Corp of Engineers identifies those pieces of ground that have been used and managed as agricultural lands as not being wetlands as long as they don't pond water for more then 15 consecutive days during the growing season Mr Deming stated that this site does not exhibit characteristics that would eliminate it as prior converted crop land by the Federal Agency, in this case the Army Corp of Engineers Mr Deming stated that the City needs to consider if this site has been modified in such a manner by prior land uses that it does not meet the criteria adopted by the State and enacted by the City through the State's Wetland Delineation Manual Mr Deming stated that it is important to consider hydrology patterns such as site drainage He stated that this site does not meet wetland criteria as it drains adequately and does not stay saturated to the surface for more than 14 or 15 consecutive days during the growing season Mr Deming stated that he completed a delineation study on the parcel north of the subject site, stating that there was adequate upland available along the edge of the subject site to compensate for the mitigation requirements, imposed by the City for the 42nd Avenue road improvements Mr Deming stated that the subject site consists of approximately 10 acres with a wetland running through the middle of it associated with an existing ditch that would require either a 25 or 50 foot buffer He stated that there would be a fifty-foot buffer along the northern boundary near the existing wetland and potentially a fifty-foot buffer along the western boundary associated with the City's property Mr Deming stated that the remainder of the site meets the jurisdictional criteria of both the Federal and State for not being a wetland Karen Tiffany, 4807 S. 216'h St., Kent, WA stated that she supports denial of this amendment voicing her concern that if development were to occur, the resulting infill could extend the size of the existing wetland on the subject site and flow onto her property which has already experienced considerable flooding due to infill from the Polygon River Bend Development Ms Tiffany referred to Staffs Environmental Review Report in stating that South 216Ih is considered an unimproved road and if development were to occur, this street would need to be reclassified as a residential street with 50 feet of public right of way, 28 foot wide asphalt, curbs, gutters, five foot wide planters and five foot wide concrete sidewalks She stated that further development would destroy the Land Use and Planning Board Minutes January 27,2003 Page 9 of 17 rural qualities of this area, Increase traffic considerably on 2161n and remove frontage from her property in order to execute road Improvements In response to Mr Harmon, Ms Tiffany stated that seven residences on a total of 10 2 acres share one well and each property owner has their own septic system Mr Mr Harmon questioned if the site were developed as SF-3, would the new residential housing be hooked up to city sewer and water systems and would this require that the existing property owners down stream of the site abandon their septic systems and well and hook up to city sewer and water systems Seeing no additional speakers, David Malik MOVED and Les Thomas SECONDED to close the public hearing Motion CARRIED Chair Harmon declared the public hearing closed Mr. Osborne stated that although Mr Deming reports that the subject site is considered to have a prior converted crop land status, until the City receives a determination from the Corp of Engineers indicating that this site is prior converted crop land, the City does not have any jurisdiction over the issue Mr Osborne stated that staffs primary concern with this amendment is that the subject site is entirely encumbered with wetlands, according to the City's wetland inventory Mr Olive stated that the subject site is located within the Green River's storm water jurisdiction area and the City of Kent is bound by agreement to require properties to detain their water for seven days prior to releasing those waters into the river Mr Olive voiced skepticism that anything could reasonably be developed on this property He stated that even after allowing for wetland buffers, the site would be left with approximately 8 acres of developable area Five acres of impervious development would require a storm water pond that could hold roughly four-acre feet of water Mr. Olive stated that development of this site would not require that Mrs Tiffany and her neighbors change their current sanitary service system or water well system He stated that the exception would be if the Tiffanys and their neighbors subdivided their properties, made substantial additions to their homes or the homes were destroyed At that time the City would require them to bring their infrastructure up to current standards Mr Harmon questioned if the developer of the subject site would be obligated to ensure that the well serving the property to the north does not become contaminated Mr Olive stated that the Department of Health requires a one hundred-foot radius well head protection zone around the wells which is usually adequate for abating transport of pollutants into the ground water He stated that if any activity occurred that would cause pollution of the ground water, it would have to cease Kim Adams-Pratt, Assist City Attorney stated that City Council had considered an option to zone this site as SR-1 with a TDR)Transfer of Development Rights receiving area overlay, which was rejected by Council She stated that Council had questioned the feasibility of SR-3 for this site, noting that consideration for this level of zoning would have required another public hearing Chair Harmon MOVED and Les Thomas SECONDED to accept Staffs recommendation of Denial on #CPA-2002-2(B)/#CPZ-2002-2 Ruth Amendment Motion CARRIED Unanimously Mr. Malik left the meeting at 10.00 and was not available for the next two applications #CPA-2002-2(C)/#CPZ-2002-3 PULE AMENDMENT Mr Osborne stated that this subject site consists of one parcel, 9 64 acres in size, located on the south side of South 192nd Street He stated that three single-family dwellings and a barn structure are located on the site Mr Osborne stated that the street frontage of South 192nd, which in the City of Renton is South 55"' Street, is unimproved between State Route 167 on the west and Talbot Road South on the east He stated that the entire northern boundary of the subject site is adjacent to Renton's city limits He stated that the eastern boundary is adjacent to unincorporated King County within Renton's potential annexation area Land Use and Planning Board Minutes January 27,2003 Page 10 of 17 Mr. Osborne stated that while the entire western boundary is adjacent to the State Route 167 right-of- way, a portion of the northwestern corner of the subject site has been identified as an inventoried wetland extending southerly along State Route 167. He stated that a large segment of the eastern boundary of the subject site is adjacent to and partially identified as almost entirely encumbered within an inventoried wetland Mr Osborne stated that he believes the Springbrook Trout Farm is located adjacent to the site on the southeast Mr Osborne stated that this parcel is almost entirely inventoried as wetland and is within the City of Renton's urban separator area Mr Osborne stated that the Renton parcel located on the north side of 192no has also been inventoried as significantly encumbered with wetlands Mr Osborne stated that the subject site generally slopes downward toward the north/northwest and the northern end of the subject parcel is located in a flood prone area, identified by Washington State Department of Transportation as having some maintenance problems He stated that no wetland report was submitted with this application and typically is not required with these applications, as there is some developable area on this site Mr Osborne stated that the City of Renton has designated property to the north and to the east as R- 14, a residential planned neighborhood land use and is zoned R-14 which includes multifamily currently developed along Talbot Road South He stated that the area to the west within Renton's city limits is primarily urban separator and low density Mr Osborne stated that staff is concerned primarily with access to the subject site, steep slopes and wetland drainage issues that could impact access to the site He stated that one of the criteria for review is whether this amendment would result in development that will adversely affect the public health, safety and general welfare Mr Osborne stated that Staff believes that development to SR-8 (as requested by the applicant) from a current zoning designation of SR-2 would generate significant storm water runoff, given the topography of the steep slopes Mr Osborne stated that the hydrological character of the wetlands and vehicular access issues would require that significant improvements be made in the areas of South 192no Street Mr Osborne stated that this site is multijurisdictional in nature He stated that King County owns the southern part of the right-of-way and the City of Renton east of the subject site owns the northern part of the right-of-way Therefore, the City of Kent standards that would apply to residential development cannot be uniformly applied Mr Osborne stated that another criterion for review is whether the amendment is based upon new information that was not available at the time of adoption of the Comprehensive Plan that warrants an amendment to the plan. Mr Osborne stated that staff has indicated that Renton increased residential density in the last few years, one quarter mile to the northeast along Talbot Avenue South He stated that this site is located along a substandard road that does not connect through to the west side of State Route 167, and is notably adjacent to large single family zoned parcels designated as urban separator by the City of Renton, with a land use designation of Single Family, three units per acre, to the south Mr Osborne stated that another criterion for review is whether the amendment is consistent with the Goals and Policies of the Comprehensive Plan and maintains concurrency between the Land Use, Transportation and Capital Facilities Elements of the Plan Mr Osborne stated that staff has commented that recent voter approved initiatives have limited the ability of local governments to provide funding for transportation improvement projects He stated that this initiative, passed November 2002, has inhibited the City from completing a planned corridor project to serve this subject site as well as other sites in the area to relieve congestion Mr Osborne stated that mitigation of transportation impacts might include the completion of a comprehensive traffic impact study to determine appropriate transportation improvements He stated Land Use and Planning Board Minutes January 27,2003 Page 11 of 17 that other appropriate mitigation measures such as contribution to regional corridor projects might be required at the time of development in accordance with the City's Concurrency Management Ordinance Mr. Osborne stated that much of this would depend on whether 1-776 is deemed constitutional by the State Supreme Court Mr Osborne stated that another criterion for review is the proposed rezone would not unduly burden the transportation system in the vicinity of the property with significant adverse Impacts, which cannot be mitigated Mr Osborne stated that the proposed rezone is consistent with the Comprehensive Plan He stated that the existing land use designation is Single Family, 3 units per acre and zoning is Single Family, 2 units per acre Mr Osborne stated that a zoning designation of SR-8, Single Family Residential, 8 units per acre would be out of character with its neighbors and create concurrency Impacts beyond planned improvements for this area Mr Osborne stated that a rezone to SR-3, Single Family, 3 units per acre, is consistent with the current SF-3, Comprehensive Plan Land Use Designation for the subject site Mr Osborne stated that staff has noted that significant Capital Facilities investments would be required to address concurrency requirements with consideration to the Transportation Goals and Policies of the Comprehensive Plan Mr Osborne stated that staff is recommending denial of the Comprehensive Plan Land Use designation portion of the proposal which is seeking SF-8, Single Family 8 units per acre Staff is recommending approval for a rezone consistent with the existing land use designation for the subject site to Single Family, 3 units per acre, SR-3 In response to Mr Malik, Mr Osborne stated that the City would probably not favor supporting a contract rezone in order to improve 192nd Avenue as the City of Kent's portion of right of way would only cover the area adjacent to the subject site He stated that other improvements would be under the authority of the County and Renton Mr Osborne stated that Rebecca Lind, Renton's Strategic Planning and Economic Director, supports staff's position of denial as the potential for development in that area, particularly adjacent to the urban separator is quite low and Renton has no plans to improve South 192no He stated that King County has no plans to improve South 192nd Mr Osborne stated that the City of Renton's Urban Separator is located to the north and east of the subject site He stated that the portion of the urban separator adjacent to the north of the site and to the east is zoned Residential Single Family, 1 unit per acre with an urban separator appendix to it, Mr Osborne stated that the site could be developed at 1 unit per acre, but is unsure if Renton has adopted a clustering ordinance as Kent has, that would allow the site to accommodate a larger number of units on the developable portion of the property In response to inquiries by the Board, Planning Manager Anderson stated that consideration was made during the City's review of the urban separator issue in reference to the urban separator to the north between Kent and Renton She stated that Kent adopted King County's designation and since that time, it is her understanding that Renton and King County agreed to swap some urban separator lands, with no net loss Ms Anderson stated that an extensive urban separator carries through to the east with some urban separators existing between Kent and Renton In response to Mr, Malik, Ms Anderson stated that she would question the appropriateness of allowing a contract rezone with a condition requiring more information Ms Anderson stated that staff looked at the flooding, wetland and traffic issues She stated that the neighborhood to the east is SR-6, 6 units per acre and from 192nd down to 208'n along SR-167, it has a low density zoning in Kent Ms Anderson stated that staff feels this application to be out of character as it currently exists Chair Harmon declared the Public Hearing open Land Use and Planning Board Minutes January 27,2003 Eric LaBrie, Barghausen Consulting Engineers, 18215 72nd Avenue South, Kent, WA 98032 submitted a conceptual 21-lot layout map for the record as Exhibit #5 Mr LaBne stated that the applicant is not asking for SF-8 purely for density but for the flexibility to use the development standards of SF-8 and SR-8 in order to create a viable development Mr LaBne stated that it would not be cost effective to develop at SR-3 factoring in required off site improvements Mr LaBrie stated that one opportunity in developing this site would be the ability to link multijurisdictional parks like Cleveland and Springbrook Trout Farm He stated that development of this site would not increase traffic impacts to 192nd Avenue and understands that developing this site would require off-site improvements, which they would be happy to comply with Mr LaBne stated that by developing this area, the crime element on 192nd Street would cease to exist Richard Pule, 9119 S. 196`n Street, Renton, WA stated that he is a co-applicant on this amendment He stated that this property is surrounded by three proposed parks and a privately owned public facility known as Springbrook Trout Farm which is an ideal setting for raising families Mr Pule stated that this development could generate revenue for the City and boost our local economy Mr Pule spoke about the type of crime activity occurring on 192nd Avenue, indicating that the required off site improvements would include street lights, sidewalks, fire hydrants, police and fire truck accessibility, and therefore, deter the criminal element Mr Pule stated that the zoning he requests would only allow approximately 18 more houses in an area that Kent considers to be remote, However, near this site, there is residential development with 14 to 18 units per acre as well as R-48 Dan Gallagher, 19225 Talbot Road, Kent, WA stated that he has co-owned the Springbrook Trout Farm for 35 years He voiced support of the applicants request for rezone to SF-8 or SR-6 zoning Mr Gallagher stated that contrary to prior testimony, the surrounding area is zoned SR-4 with R-6 Mr Gallager stated that he does not believe that traffic, flooding or drainage issues warrant any concern in the area Les Thomas MOVED to close the Public Hearing Motion CARRIED Chair Harmon declared the public hearing closed Chair Harmon MOVED and Steve Dowell SECONDED to recommend Denial of #CPA-2002- 2(C)/#CPZ-2002-3 Pule Amendment based upon staffs recommendation Motion CARRIED unanimously Mr Harmon voiced his support to deny the application at this time #CPA-2002-2(D)/#CPZ-2002-4 MAPLE VISTA AMENDMENT Mr Osborne stated that this site is located between State Route 167 and 92nd Avenue South, at the corner of 92nd Avenue South and South 2001n Street Mr Osborne stated that the subject site consists of one-parcel 9 28 acres in size He stated that the site is bounded on the south approximately by south 202nd Street Mr Osborne stated that access to the site is limited to a driveway near the end of 92nd Avenue South He stated that the street frontage along 92nd Avenue South would serve as a connector for the South 196In Street corridor project and South 192nd Street Mr Osborne stated that street improvements might not occur for another five to ten years and perhaps longer if Initiative 776 remains as it is He stated that Kent's wetland inventory indicates that State Route 167 right-of-way adjacent to the subject site contains a linear wetland with a small creek with a related wetland terminating east of the site and 92nd Avenue South Mr Osborne stated that the subject site has a current designated land use of Single Family 3 units per acre, with zoning of Single Family 3 units per acre He stated that the applicant is seeking an increase to Single Family, 6 units per acre for land use and zoning Land Use and Planning Board Minutes January 27,2003 Page 13 of 17 Mr Osborne stated that no wetland report was submitted with the applications, as this site is not encumbered with wetlands He stated that a steep slope and seismic hazard conditions exist between 92Id Avenue and State Route as was true for the Pule amendment. Mr Osborne stated that along with other parcels located on the slope above the linear State Route 167 wetland, the topography of the subject site is contributive to downstream flooding problems at South 192nd Street. He stated that the subject parcel was one of four parcels included in a previous application for a sixty-lot subdivision previously known as Brenna's Vista He stated that Brenna's Vista application was vested at the current zoning of SR-3 and was approved by the Hearing Examiner but the plat was not finalized Mr Osborne stated that property to the north and south of the site is zoned SR-3 with the exception of one isolated parcel one acre in size zoned SR-1 He stated that properties to the east are primarily zoned SR-6 Mr Osborne stated that the Comprehensive Plan Land Use Map Designation generally matches the existing zoning for the surrounding area Mr Osborne stated that one of the criteria for review is whether this amendment would result in a development that will adversely effect the public health, safety, and general welfare. He stated that staff's comment is that the steep slope conditions and increased trip generations may have adverse impacts Mr Osborne stated that another criterion for review is whether this amendment is based on new information that was not available at the time of the adoption of the Comprehensive Plan that warrants an amendment to the Plan He stated that concerns with the stability of the slopes have increased since this was previously reviewed as part of a former amendment application Mr Osborne stated that the City has not been provided with information to indicate that circumstances support an increase in the intensity of use for the subject site He stated that another criterion for review is whether this amendment is consistent with other Goals and Policies of the Comprehensive Plan and maintains concurrency between the Land Use, Transportation, and Capital Facilities Elements of the Plan Mr Osborne reiterated that staff has commented that the recent voter approved 776 Initiative will hamper the City's ability to provide funding for transportation improvement projects, particularly in the 196tn Street Corridor He stated that if Initiative 776 were deemed constitutional, this would remove substantial funds from our City's transportation budget Mr Osborne stated that the City is in the process of updating its Comprehensive Plan through a separate process and will be reviewing consistency between the Land Use and Transportation Elements, particularly in consideration of funding options Mr. Osborne stated that mitigation of transportation impacts could include completion of a comprehensive traffic impact study to determine appropriate transportation improvements Mr Osborne stated that other appropriate mitigation measures suggest contribution to Regional Corridor projects at time of development, in accordance with the City's Concurrency Management Ordinance Mr Osborne stated that another criterion for review is whether the proposed rezone is consistent with the Comprehensive Plan If this proposal is considered along with properties located along the slopes of East Hill, it is not consistent with the land use designation for the site Mr. Osborne stated that this amendment could precipitate and possibly require a larger conceptual study to address the impacts of such a rezone He stated that another criterion for review is the proposed rezone would not unduly burden the transportation system in the vicinity of the property with adverse impacts that cannot be mitigated Mr Osborne said that staff could perceive cumulative requests for a rezone of approximately 23 acres to Single Family, 6 units per acre stating that this rationale would be fitting if the approval of this particular amendment went through Mr Osborne stated that staff recommends Denial of the land use and zoning designation Land Use and Planning Board Minutes January 27,2003 Page 14 of 17 In response to Mr Harmon, Mr Olive stated that the City's Six year Transportation Improvement Plan does not include improvements to 92nd Avenue Mr Olive stated that staff estimates 1300 vehicles per day traverse that section of roadway and the proposal could add another 550 daily trips as opposed to 275 trips under the current zoning Ms Ranniger questioned if any studies have been carried out concerning soils in the area, stating that she shares staff's concern about steep slopes and how increasing density would impact the impervious surfaces increasing slide potential Mr Olive stated that the City is revisiting their sensitive areas overlay, stating that much of this parcel lies within a seismic zone with a Class 3-slide slippage area He stated that much of the site contains fairly sensitive Class 2 Erosion Hazards that you would not want inundated with storm water drainage Mr Olive stated that the slopes would have to be considered in developing this site He stated that there are a lot of 15% slopes in that area with one area that may be as steep as 25% Chair Harmon declared the Public Hearing open Norman Berg, 20129 92nd Avenue S., Kent, WA 98031 stated that traffic along 92nd Avenue is heavy during commute hours He stated that he is one of the four landowners who tried to coordinate the failed Brenna's Vista protect Mr Berg stated that he would like to see a stop sign at 2001n and 92nd to deter people from running off the road into his fencing Mr Berg stated that the present zoning on this site of SF-3 would only support construction of 16 houses, which would not support the cost of the internal and external required improvements Mr Berg stated that if this request for SF-6 is approved, staff claims that he could get 26 homes on this property, taking into consideration, the slopes and water runoff issues on these nine acres which should cover the cost of the required improvements In response to Mr Harmon, Mr Berg stated that the lower third of the property near 167 would remain as a buffer and water retention area for the subject site He stated that noise from 167 is not an issue inside the homes in this area Dana Mower, DBM Consulting Engineers, 502 161h St. NE #312, Auburn, WA 98002 stated that the City does not consider there to be sensitive areas on the subject property He stated that Leonard Olive has indicated that legislation is considering designating this as sensitive areas Mr Mower stated that wetlands, seismic areas, erosion control, and landslide hazard areas are not mapped for the subject site Mr Mower stated that he understands staff's concerns that if this is approved, it could lead to a SF-6 designation on the West Side of the site Mr Mower stated that when he considers a rezone, he takes into account what is best for the community and the City Mr Mower stated that infrastructure is in place to serve this site and that a two-lane road serves the site and can handle 12,000 average daily trips before backups occur Mr Mower stated that sewer service is on this site and that water service on 92nd is available to serve the subject site. He stated all utilities are available including gas, power, telephone and cable Mr Mower stated that although there is a designated wetland along 167, it is within the City's existing right-of-way and not on the subject property Mr Mower stated that the noise impacts to this site from 167 could be mitigated He stated that this is a desirable site for development as it is located close to employment centers and shopping He stated that this site offers ease of access and development would not generate more traffic on Kent Kangley Road, James Street or the streets coming off of East Hill Mr Mower stated that this proposal meets the first GMA requirement to allow density development where available infrastructure exists Land Use and Planning Board Minutes January 27,2003 Page 15 of 17 and voiced her opposd+on to this amendment, stating Elizabeth Tweeten, 9030 S. 200th St., Kent,WA stated that she resided on one acre near the subject site She stated that existing traffic p is excessivero ert to the that she would support three units per acre, but not six units per acre. owns five that he Cal Stewart, 20028 92°' Avenue South, Kent, WA statedunderstanding site studies t thises of particular east of the subject site Mr Stewart stated that it is his understanding that ihis is the third time this property has returned for a rezone He stated that previous Mr Stewart stated that his Site itable for these zoning cconditio s remain but that there thas been anuncrease in traffic volume Mr Stewart stated that he believes the site can only be accessed by traveling through South 200h Street or from 92"d Avenue South the developer was Mr Stewart stated that when the City previously reviewed this site for a rezone, 00`h to 208 required to improve the full length of 92"d Avenue,from South 2 `", not just the site frontage• the corner of 92"d and 200"' He statedeWa�the the statement in Mr Stewart stated that tornffic intensifies on 92"d Avenue South during commut number of large trucks e hours He stated that many accidents occur traveling down 2001h with 40 to 45 foot trailers have increased. r he Uphill development with the staff report, which indicates that a small creek and related wetlands terminate east of the site an en ditches existing along 92"d Avenue, 92"d Ave He stated that a stream runs down the north side of end2Vd due i w fisting the water going. an existing stream running down through the ravine, with op which runs into the ravine Mr. Stewart stated That if this creek terminates, enue and all the water Mr. Stewart stated that a 2 -inchEast concrete cL ide of the street flow under theilvert runs under 2roadvonto the s bjecl property from the designated wetlands o feted, assesses Mr Harmon asked Mr Stewart if he would favor an (LID) Local Improvement Mr tHairmon stated thatstrict, to allow oa improvements to 92"d Street, where the City has the required improvements comp property owners for improvement costs, to be paid back over a few y majority of the property owners has to agree to a LID. Mr Stewart stated that he would consider a LID but does not really favor going this direction at development, but Mr Stewart stated that he e correctly and t create more problemsthan l already exist to make sure m this are time development, that it is don Roberta Marta, D13M Consulting Engineers, 502 16'h St. NE, Suite 312, Auburn, WA 98002 site is stated that the development Standards level ethe Ic Marta improsta stated that vements �lincreasing d the l remain the adens y on rsit a by ten developed at a SR-3 a for the improvements spectftcally to 92" Avenue. additional parcels would help pay Jerry Crawford, John L. Scott Real Estate, 20632 108'h Avenue Southeast,was zo eta multifamily stated at that the 1970's Mr and Mrs Wagner purchased this subject property, operty to one home sites Mr stated that during this growth penod Kent placed a moratorium on apartment time In the 1 and the City experienced substantial growth, at which time Kent acquired apartment buildings. He sta Mr Crawford stated that there have been development for a period of time and rezon to Mr.ed the Wagthis site could be developed is to rezone it for Crawford stated that this has {and was landrthatthe only way failed attempts to develop six units per acre Motion Les Thomas MOVED and Deborah Ranniger SECONDED to close the Public Hearing few future CARRIED improvements when they Mr Dowell would like the City Council to consider 92"d Avenue road projects to accept staff's Les Thomas MOVED an20D0eb Map a Vista Amendment LandCARRIED Unanimously ion of Dena on CPA-2002-2(D)ICPZ Land use and Planning eoard Minutes January 27,2003 After deliberating, the Board members concurred that they would be receptive to addressing this site in the future as it warrants further consideration ADJOURNMENT Chair Harmon adjourned the meeting at 11 30 p m Respectfully Submitted, Charlene Anderson, AICP, Planning Manager Secretary, Land Use and Planning Board S\Permit\PlanlUPBt2003\Minutes\012703min doc Land Use and Planning Board Minutes January 27,2003 Page 17 of 17 DEVELOPMENT Fred N Satterstrom, Community Dev Director PLANNING SERVICES Charlene Anderson,AICP, Manager Phone 253-856-5454 T Fax 253-856-6454 KEN Address 220 Fourth Avenues Kent, WA 98032-5895 January 13, 2003 TO RON HARMON, CHAIR AND MEMBERS OF THE LAND USE AND PLANNING BOARD FROM WILLIAM D OSBORNE, PLANNER RE 2002 COMPREHENSIVE PLAN AND ZONING MAP AMENDMENTS #CPA-2002-2(A-F) /#CPZ-2002-(1-4) Land Use & Planning Board Public Hearing — January 27, 2003 INTRODUCTION At the September 23, 2002 workshop, staff distributed information providing the description and site locations for the proposed 2002 Comprehensive Plan and Zoning Map Amendments Six applications were submitted to Planning Services for review Four of the applications are on behalf of private property owners and propose changes to the Comprehensive Plan Land Use Map and the Zoning Map Two of the applications are for Comprehensive Plan Text Amendments to the Capital Facilities Element -- one from the City of Kent, and one joint proposal from the Kent and Federal Way School Districts Planning Services staff facilitated a Land Use & Planning Board tour of the sites on October 111" At the Land Use & Planning Board workshop held November 12111, staff introduced each proposed amendment to the Board for discussion and questions This staff report includes a detailed analysis of the merits of each proposal, maps of each site and a staff recommendation The six proposed amendments have been classified as proposals A through F, and a description of each application follows STANDARDS OF REVIEW Sections 12 02 050 and 15 09 050(C) of the Kent City Code outline the standards of review, which must be used by staff and the City Council in analyzing proposed Comprehensive Plan Land Use Map and Zoning District Map amendments Proposed amendments to the Comprehensive Plan Land Use Map are to be examined based on the following criteria 1 The amendment will not result in development that will adversely affect the public health, safety, and general welfare, and 2 The amendment is based upon new information that was not available at the time of adoption of the Comprehensive Plan, or that circumstances have changed since the adoption of the Plan that warrant an amendment to the Plan, and 3 The amendment is consistent with other goals and policies of the Comprehensive Plan, and that the amendment will maintain concurrency between the Land Use, Transportation, and Capital Facilities Elements of the Plan Land Use and Planning Board Heanng January 27, 2003 Page 2 of 20 Proposed amendments to the Zoning District Map are to be examined based on the following criteria 1 The proposed rezone is consistent with the Comprehensive Plan, and 2 The proposed rezone and subsequent development of the site would be compatible with development in the vicinity, and 3 The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated, and 4 Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone, and 5 The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City The staff review and recommendation for each of the proposals is presented separately Background information about the subject site and the intent of each proposal are provided, followed by staff review Staff review includes the citation of relevant Comprehensive Plan Goals and Policies and comments on the relationship of each proposal to cited goals and policies, organized into sections by Element The Standards of Review listed above for Comprehensive Plan Land Use and Zoning amendments are then addressed for each proposal prior to the recommendation. PROPOSAL A KNIPP #CPA-2002-2(A)/#CPZ-2002-1 (KIVA#2022646) #ENV-2002-40(A) (KIVA#2022644) Change in Comprehensive Plan Land Use Map and Zoning Map for property located at 26922 132nd Avenue Southeast Applicant(Agent) James Knipp Existing Designation Proposed Change Comprehensive Plan LAND SF-6 (Single-Family 6 C (Commercial) USE Map units/acre ZONING Districts Map SR-6 (Single-Family 6.05 CC (Community units/acre) Commercial BACKGROUND The 5 12 acre subject site consisting of four (4) tax parcels is located on slightly rolling terrain along the east side of 132nd Avenue Southeast, approximately 630 feet north of Southeast 272nd Street/Kent-Kangley Road A portion of a small hill is located toward the mid-rear of the largest parcel of the subject site The existing uses located on the tax parcel #2722059189 include a single-family dwelling unit and a non-conforming automotive repair home occupation The other three (3) parcels subject to this proposed amendment are currently undeveloped Generally, parcels abutting the northern and eastern boundaries of the subject site are designated in both tl� Comprehensive Plan Land Use and Zoning Maps as Single-Family Residential, Six Units per A (SF-6 and SR-6, respectively) To the south of the subject site, two parcels are designated for Commercial (C) Land Use and Community Commercial Zoning (CC) with one parcel designated for Low Density Multifamily for both Land Use and Zoning (LDMF and MR-G respectively) The two Land Use and Planning Board Hearing January 27, 2003 Page 3 of 20 Of adjacent commercially-designated parcels to the south of the private road are not currently developed to commercial use The Lake Meridian Marketplace shopping center and a King County Metro Park & Ride facility are located to the west, across 132nd Avenue Southeast from the subject site A Walgreen's store (with drive-through pharmacy) is at the corner of 132"d Avenue Southeast and Kent-Kangley Road Three (3) of the subject parcels and adjacent property appear to be encumbered by inventoried wetlands, upstream from Soosette Creek This will limit developable area of the subject site No wetland report was submitted with this application, but an estimated 1 13 acres of inventoried wetland area (22%) occupies the subject site — primarily along the frontage of 132"d Avenue Southeast If the inventoried wetlands are assumed to be classified as Category It, the requisite fifty (50) foot buffers further reduce developable area of the subject site Approximately 2 43 acres of projected developable area would be available after such reductions Access to the subject site will be from 132"d Avenue Southeast At present, pedestrian access to the subject site is limited, without curb, gutter and sidewalk Although the King County Metro Park & Ride facility is located to the west across 132"d Avenue Southeast from the subject site, the portion of 132"d Avenue Southeast adjacent to the subject site is presently not a friendly environment for pedestrian and other non-motorized modes of travel The inventoried wetland area along 132"d Avenue Southeast provides a challenge for site access for commercial use(s) Five (5) residential- use parcels adjacent to the north and southeast boundaries of the subject site are served by private roads from 132"d Avenue Southeast RELEVANT COMPREHENSIVE PLAN GOALS & POLICIES LAND USE ELEMENT The Land Use Element of the Comprehensive Plan contains goals and policies relating to commercial development, activity centers, facilitating multi-modal transportation, protection of wetlands, and consideration of home occupations Activity Centers are intended to contain a mix of land uses Overall (LU) Goal: Encourage a future growth and development pattern which implements the community's vision, protects environmentally sensitive areas, and enhances the quality of life of all of Kent residents. Goal LU-2 Establish a land use pattern throughout the urban growth area that will facilitate a multimodal transportation system and the [sic) 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. Goal LU-6 Designate activity centers in portions of the city and in the annexation area. Allow in these areas a mix of retail, office, and residential development. Policy LU-6.2 Allow residential uses in activity centers. Develop residential uses as part of a commercial area in a mixed use development or on a stand- alone basis in designated areas. Goal LU-7 Develop activity centers in such a way as to facilitate pedestrian, bicycle, and public transportation. Land Use and Planning Board Hearing January 27, 2003 Page 4 of 20 Goal LU-12 Promote orderly and efficient commercial growth within the existing commercial districts in order to maintain and strengthen existing commercial districts, to minimize costs associated with extension of facilities, and to allow businesses to benefit from their proximity to one another. Policy LU-13.6 Ensure that commercial and mixed use developments adjacent to existing single-family residential areas are compatible in height and scale. Establish guidelines for design of edges where commercial and mixed uses abut single-family use and medium- and low-density residential. Policy LU-13.4 Allow home occupations in all residential districts, subject to criteria which will ensure compatibility with neighboring residences. Policy LU-23.2 Protect wetlands not as isolated units, but as ecosystems, and essential elements of watersheds. Base protection measures wetland functions and values, and the effects of on-site and off-site activities. Staff Comment The proposal is not consistent with the cited Land Use Element Goals and Policies Inventoried wetlands are indicated at several locations around the subject site The protection of wetland area, if warranted through a wetland delineation map and report as part of a development application, could restrict accessibility, particularly along 132"d Avenue Southeast The proposal is also in conflict with Goal LU-12, which encourages "orderly and efficient commercial growth in order to maintain and strengthen existing commercial districts" Existing commercial zoning districts in the vicinity have not been developed to the point where commercial use of the subject site is orderly and efficient Policy LU-13 6 focuses on the "design of edges" where commercial uses and adjacent residential (whether single-family or multifamily) uses meet Aesthetic and privacy conflicts are anticipated with the height, bulk and scale of commercial development, which is also discussed briefly in the Community Design Element section The potential for the development of a mix of commercial uses appropriately located in proximity to residential uses is desirable in the view of several Comprehensive Plan Goals and Policies However, development of the entire subject site to commercial use would impact the value of adjacent residential property through a reduction in accessibility, privacy, and a loss of natural amenities COMMUNITY DESIGN ELEMENT The Community Design Element of the Comprehensive Plan contains several goals and policies relating to the aesthetic impacts of commercial development, on- and off-site improvements, circulation patterns, and vehicular and pedestrian access Goal CD-1 Establish street and circulation patterns that encourage walking, bicycling, and transit use. Goal CD-2 Incorporate amenities along neighborhood and commercial streets that accommodate pedestrian, bicycle, and transit use. Policy CD-2.7 In general, construct sidewalks on both sides of all new streets. In , industrial districts, sidewalks may not be appropriate, unless significant pedestrian traffic is projected, the absence of a sidewalk poses a public safety risk, or the streets are on existing or planned transit routes. Land Use and Planning Board Heanng January 27, 2003 Page 5 of 20 Goal CD-3 Establish site design standards that encourage pedestrian and bicycle use. Consider equally during site design all modes of transportation access, including pedestrian, bicycle, transit and automobile. Policy CD-3.1 Establish design standards which ensure that commercial, industrial, residential, and public building sites provide convenient, direct access for pedestrians and bicyclists. Policy CD-3.2 Except where they are necessary to reduce noise or to create private rear yards, discourage fences, walls, and other barriers which inhibit pedestrian traffic, isolate neighborhoods, or separate neighborhoods from main roads. Policy CD-3.3 Encourage development to orient around new and existing transit stops and to provide easy and direct pedestrian access to the transit stops. Goal CD-4 Design new commercial projects for pedestrians, bicyclists, and transit users, as well as for motorists. Policy CD-5.6 Encourage sidewalk and retail activity around transit stations by surrounding them with retail, office, and residential uses. Locate parking areas one or two blocks away, with direct pedestrian access to transit stations. Goal CD-6 Provide scale, layout, and character of commercial development which is complimentary to the surrounding neighborhood and accommodating to pedestrians. Policy CD-7.1 Work with the business community and neighborhood residents to make aesthetic and functional improvements to commercial areas. Improved image and appeal will increase sales potential and enhance the character of the City. Policy CD-15.1 Whenever possible, encourage a land use pattern wherein churches, stores, services, parks,jobs, entertainment, transportation, and schools are within walking distance of a person's place of residence. Staff Comment The proposal is likely to introduce development that is incompatible in design (height, bulk, and scale) and intensity with neighboring residential uses, in conflict with Goal CD-6 These aesthetic impacts will likely be compounded by the treatment of vehicular access and parking Improving a portion of a private residential road (either SE 2681h or 2701h Street) to provide vehicular and emergency response access, if constrained along 132nd Avenue SE by wetland area, would create a discontinuous appearance The probable use of hardscape screening (fencing) rather than natural landscaping would also conflict with Policy CD-3 2 TRANSPORTATION ELEMENT The Transportation Element of the Comprehensive Plan contains several goals and policies relating to coordination of development and road improvements, and the relationship between commercial land use and the transportation system Land Use and Planning Board Hearing January 27, 2003 Page 6 of 20 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. Policy TR-1.2 Coordinate new commercial and residential development in Kent with transportation projects to improve affected roadways. Policy TR-1.5 Ensure consistency between land use and transportation plans so that land use and adjacent transportation facilities are compatible. Policy TR-1.7 Promote land use patterns which support public transportation. Policy TR-1.8 Create land uses in the downtown and commercial areas which better support transit and reduce peak-hour trip generation. Policy TR-4.1 Maximize traffic flow and mobility on arterial roads, especially on regional through routes, while protecting local neighborhood roads from increased traffic volumes. Policy TR-4.2 Provide a balance between protecting neighborhoods from increased traffic and reducing accessibility for the City-wide road network. Policy TR-4.3 Balance the dual goals of providing accessibility within the local street system and protecting neighborhoods. Where overflow traffic from the regional system significantly impacts neighborhoods, protect the residential area. Policy TR-4.9 Reduce the disruptive impacts of traffic related to major institutions, activity centers, and employers via trip-reduction efforts, access/egress controls, and provision of alternatives to SO use. Policy TR-7.2 Whenever practical, use incentives or regulations to encourage new construction to promote pedestrian and bicycle movements to pathways, transit services and arterials. Staff Comment One of the southerly subject parcels does not directly access 132nd Avenue Southeast, instead accessing the private unimproved road that also serves two other single-family residential units Allowing commercial access to this parcel via a private residential road would be problematic The depth of the central subject parcel fronting 132nd Avenue Southeast could become a concern if developed to commercial use standards, with possible impacts described above affecting some residential neighbors along their side and rear yards The City does not anticipate improvement of 132nd Avenue, including the purchase and development of right-of-way to street standards befitting commercial land uses northward from the tapering of the access lane serving Walgreen's APPLYING THE STANDARDS OF REVIEW The amendment will not result in development that will adversely affect the public healto safety, and general welfare [KCC 12.02 050(1) & 15 09 050(C)(5)j Staff Comment Land Use and Planning Board Hearing January 27, 2003 Page 7 of 20 Rezoning the subject parcels to Community Commercial (CC) would allow development that would significantly impact adjacent residents These potential impacts include increased traffic generation, access conflicts, reduction of residential privacy, as well as land use and aesthetic (noise, light and glare) conflicts Automobile-oriented uses would not be the most compatible uses with the existing neighborhood, yet these would be allowed under Community Commercial (CC) Zoning Conversely, a reduction in the size (primarily depth) of the subject site to focus on the 132d Avenue Southeast frontage would limit impacts on the easterly adjacent residential parcels — although this frontage is potentially limited by the presence of wetlands The amendment is based upon new Information that was not available at the time of adoption of the Comprehensive Plan, or that circumstances have changed since the adoption of the Plan that warrant an amendment to the Plan [KCC 12 02 050(2) & 15 09 050(C)(4)] Staff Comment The conditions near the intersection of Kent-Kangley Road and 132"d Avenue Southeast have changed, and commercial development has taken hold on all four (4) corners of this intersection Improvements to 132"d Avenue Southeast are not planned to accommodate higher traffic volumes associated with additional commercial development The Metro Park & Ride located across 132"d Avenue might have synergetic benefit for connecting commuters to businesses in the vicinity, but the existing developed commercial capacity is sufficient to address demand for space The existing automotive home occupation use located on the subject site is a non-conforming use as of October 2002 — and the fact that the use is now non-conforming might be the most significant change in circumstance The amendment is consistent with other goals and policies of the Comprehensive Plan, and that the amendment will maintain concurrency between the Land Use, Transportation, and Capital Facilities Elements of the Plan [KCC 12 02 050(3) & 15 09 050(C)(1)] Staff Comment In relation to transportation issues and the existing commercial uses of the Lake Meridian Marketplace, the eventual redevelopment of some portion of the subject parcels to commercial zoning could provide synergistic benefits through increasing the mix of uses near the Metro Park & Ride Several of the above listed goals and policies are supportive of locating commercial activity in close proximity to residential use However, other goals and policies listed above indicate that considerable weight should be given to the protection of adjacent residential uses from negative impacts associated with intensive commercial development The subject site, as proposed, would impose significant unavoidable negative impacts likely to diminish neighboring parcels as residential uses As previously noted, there are no planned improvements for the 132"d Avenue Southeast Recent voter approved initiatives have limited the ability of local governments to provide funding for transportation improvement projects Initiative 776, approved in November 2002, if deemed constitutional, will remove substantial funds from the City's transportation budget Furthermore, the City is in the process of updating its Comprehensive Plan and will be reviewing consistency between the land use and transportation elements, in particular considering funding options Until that review is completed, consideration of individual amendments, may be premature The proposed rezone is consistent with the Comprehensive Plan [KCC 15 09 050(C)(2)] Staff Comment Rezoning the subject parcels to Community Commercial (CC) would allow development that would significantly impact adjacent residents These potential impacts include increased traffic generation, access conflicts, reduction of residential privacy, as well as land use and aesthetic (noise, light and Land Use and Planning Board Hearing January 27, 2003 Page 8 of 20 glare) conflicts The scope and extent of these impacts, in consideration of maintaining quality residential neighborhoods, are not consistent with the Comprehensive Plan The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. [KCC 15.09 050(C)(3)] Staff Comment Given arterial traffic speeds and a lack of pedestrian facilities in the vicinity of the subject site, the City would require significant improvements for pedestrian travel and public transit use upon development of the site Residential neighbors are likely to be significantly impacted by development of the subject site's access The existing contiguous private residential access roads have insufficient dimension to be improved to public street standards with curb, gutter, and sidewalk Recommendation: Staff recommends DENIAL of this request to redesignate the four (4) subject parcels as proposed to Commercial (C) Land Use and Community Commercial (CC) Zoning PROPOSAL — RUTH #CPA-2002-2(B)/#CPZ-2002-2 (KIVA#2022682) #ENV-2002-40(B) (KIVA#2022681) Change in Comprehensive Plan Land Use Map and Zoning Map for property located at South 2161h Street &461h Avenue South (4412 S. 2161h St.) Applicant(Agent) Harley Mattson, Barghausen Consulting Engineers Existing Designation Proposed Change Comprehensive Plan LAND SF-1 (Single-Family 1 SF-3 (Single-Family 3 USE Map unit/acre) units/acre ZONING Districts Map SR-1 (Single-Family 1 SR-3 (Single-Family 3 63 unit/acre) units/acre Background: The 9 24-acre subject site consists of two (2) tax parcels, topographically flat and vacant of any structures, located along the north side of South 216th Street The street frontage is unimproved The subject site and several large parcels in the vicinity are currently zoned SR-1, per Ordinance #3611, known as the Agricultural Lands Amendment, passed by the City Council on August 6, 2002 Properties immediately to the east and south are zoned SR-3, property adjacent to the northwest is zoned Agricultural (A-10), parcels adjacent to the western boundary of the subject site and to the northeast are zoned SR-1 The subject site and parcels in the vicinity are primarily undeveloped, although the parcel adjacent to the east has been used as a sods supply yard Both subject parcels appear to be encumbered with inventoried wetlands and creeks that may limit future development The subject site is located within the Johnson Creek watershed, which flows to the Green River The subject parcel is located in an area where existing Green River levees are below the levels required to contain the river during 100-year flow periods The lack of adequate river levees in this area creates a significant risk to the property, its owner and any occupants RELEVANT COMPREHENSIVE PLAN GOALS & POLICIES LAND USE & HOUSING ELEMENTS Land Use and Planning Board Hearing January 27, 2003 Page 9 of 20 The Land Use and Housing Elements of the Comprehensive Plan contain goals and policies relating to residential development, proximity to urban services, transit, employment, and identifying and protecting environmentally-sensitive areas Overall (LU) Goal: Encourage a future growth and development pattern which implements the community's vision, protects environmentally sensitive areas, and enhances the quality of life of all of Kent residents. Policy LU-8.3 Locate housing opportunities within close proximity to employment, shopping, transit, and human and community services. Goal LU-22 Ensure that the City's environmental policies and regulations comply with state and federal environmental protection regulations regarding air and water quality, hazardous materials, noise and wildlife and fisheries resources and habitat protection. Demonstrate support for environmental quality in land use plans, capital improvement programs, code enforcement, implementation programs, development regulations, and site plan review to ensure that local land use management is consistent with the City's overall natural resource goals. Policy LU-22.2 Provide to property owners and prospective property owners general information concerning natural resources, hazard areas, and associated regulations. Ensure developers provide site-specific environmental information to identify possible on- and off-site constraints and special development procedures. Policy LU-22.3 Indemnify the City from damages resulting from development in naturally constrained areas. To the extent possible or feasible, require that developers provide to the City accurate and valid environmental information. Goal LU-23 Protect and enhance water resources for multiple benefits, including recreation, fish and wildlife resources and habitat, flood protection, water supply, and open space. Policy LU-23.1 Maintain the quantity and quality of wetlands via current land use regulation and review; and increase the quality and quantity of the City's wetlands resource base via incentives and advance planning. Policy LU-23.2 Protect wetlands not as isolated units, but as ecosystems, and essential elements of watersheds. Base protection measures wetland functions and values, and the effects of on-site and off-site activities. Policy H-1.2 Guide new residential development into areas where community and human services and facilities are available, and in a manner which is compatible with the land use element. • Goal H-2 Provide sufficient, diverse, and affordable housing for the existing and projected population of Kent. Policy H-2.1 Promote a wide range of housing to meet the needs of our diverse population and ensure that this housing is available throughout the community for people of all income levels and special needs. Land Use and Planning Board Hearing January 27, 2003 Page 10 of 20 Staff Comment According to a City of Kent wetland inventory database, most of the parcels adjacent to the subject site appear to be almost entirely encumbered by wetlands The subject site is inventoried as being entirely encumbered by wetlands (100%), hence the Council decision to designate the Comprehensive Plan Land Use and Zoning for the subject site as Single-Family Residential, One Unit per Acre (SF-1 Land Use and SR-1 Zoning, respectively) The applicant claims the property has "prior converted cropland" status, and is therefore exempt from wetland regulations regardless of the physical existence of any wetland on-site Other State and Federal agencies have jurisdiction over determination of wetlands in areas where agricultural uses have been claimed These agencies will need to be consulted for a wetland determination of the subject parcels, or a document verifying the status of the subject parcels will need to be provided to the City The applicant has provided an update letter prepared by a consultant recognizing the continuing validity of a wetlands delineation map and report prepared for the subject site in May 2001 The presence of wetlands on adjacent properties and extension of buffer areas from such wetlands may further limit any developable area Notwithstanding a consideration of the on-site inventoried wetland area, the approximate neighboring inventoried wetland buffer area reduction for the subject site is between 1 25 and 1 50 acres The lack of adequate river levees in this area, potentially located within a designated 100-year floodplain, also is an issue for consideration in review of this application If developable area exists, the subject site could provide additional housing stock to meet market demand But the demand for community facilities, retail uses, and other amenities associated with residential neighborhoods are lacking in this area and could be considered a conflict with Policy H- • 12 APPLYING THE STANDARDS OF REVIEW The amendment will not result in development that will adversely affect the public health, safety, and general welfare [KCC 12 02 050(1) & 15 09 050(C)(5)] Staff Comment The wetland area of the subject site, at any extent, coupled with the impending determinations of "prior converted cropland" status and 100-Year Floodplain status could establish significant, probable, adverse impacts to the public health, safety, and general welfare The potential liability costs to the City for flood damage would be increased commensurately with the number of additional residences The amendment is based upon new information that was not available at the time of adoption of the Comprehensive Plan, or that circumstances have changed since the adoption of the Plan that warrant an amendment to the Plan [KCC 12 02 050(2) & 15 09 050(C)(4)] Staff Comment The Agricultural Lands Study culminated with the Agricultural Lands Amendment after eighteen (18) months of policy discussions involving the Land Use and Planning Board, the City Council, property interests and public participants The subject site was included in the study Sufficient evidence of a change in the existing conditions since the Council decision of July 9, 2002 to re-designate the subject site to Single-Family Residential, One Unit per Acre has not been provided Land Use and Planning Board Hearing January 27, 2003 Page I 1 of 20 • The amendment is consistent with other goals and policies of the Comprehensive Plan, and that the amendment will maintain concurrency between the Land Use, Transportation, and Capital Facilities Elements of the Plan [KCC 12 02 050(3) & 15 09 050(C)(1)] Staff Comment The proposal would conflict with previously identified natural constraints, as presently understood on the subject site Other considerations are moot Recent voter approved initiatives have limited the ability of local governments to provide funding for transportation improvement projects Initiative 776, approved in November 2002, if deemed constitutional, will remove substantial funds from the City's transportation budget Furthermore, the City is in the process of updating its Comprehensive Plan and will be reviewing consistency between the land use and transportation elements, in particular considering funding options Until that review is completed, consideration of individual amendments, may be premature The proposed rezone is consistent with the Comprehensive Plan [KCC 15 09 050(C)(2)] Staff Comment The proposed rezone is not consistent with the Comprehensive Plan Land Use Map designation for the property, and as noted above, the conditions considered in the Agricultural Lands Study have not been conclusively replaced The proposed rezone will not unduly burden the transportation system in the vicinity of the . property with significant adverse impacts which cannot be mitigated [KCC 15 09 050(C)(3)] Staff Comment An increase in the use of Frager Road, a designated scenic route, as a primary access road for additional residential units could degrade the qualities of the road to serve its intended purpose Recent voter approved initiatives have limited the ability of local governments to provide funding for transportation improvement projects Initiative 776, approved in November 2002, if deemed constitutional, will remove substantial funds from the City's transportation budget Furthermore, the City is in the process of updating its Comprehensive Plan and will be reviewing consistency between the land use and transportation elements, in particular considering funding options Until that review is completed, consideration of individual amendments, may be premature Recommendation: Staff recommends DENIAL of this request PROPOSAL — PULE #CPA-2002-2(C)/#CPZ-2002-3 (KIVA#2022717) #ENV-200240(C) (KIVA#2022716) Change in Comprehensive Plan Land Use Map and Zoning Map for property located at 9119 South 192"" Street Applicant(Agent) Harley Mattson, Barghausen Consulting Engineers . Existing Designation Proposed Change Comprehensive Plan LAND SF-3 (Single-Family 3 SF-8 (Single-Family 8 USE Map units/acre) units/acre ZONING Districts Map SR-2 (Single-Family 2 18 SR-8 (Single-Family 8 71 units/acre) units/acre Land Use and Planning Board Hearing January 27, 2003 Page 12 of 20 Background: The 9 64 acre subject site consisting of one (1) tax parcel is located along the south 0 side of South 192nd Street, with three (3) single family dwellings and a barn structure located thereon The street frontage of South 192nd/South 55th Street is unimproved for its length between State Route 167 (SR-167) and Talbot Road South The entirety of the northern boundary of the subject site is adjacent to the City of Renton limits, the eastern boundary to Unincorporated King County (in Renton PAA), while the entire western boundary is adjacent to SR-167 right-of-way A portion of the northwestern corner of the subject site has been identified as an inventoried wetland, which extends southerly along SR-167. A large segment of the eastern boundary of the subject site is adjacent to a parcel identified as being almost entirely encumbered with an inventoried wetland, and the easterly adjacent parcels are designated by the City of Renton as Urban Separator (County-zoned as Residential, One (1) Unit per Acre — R-1-SO). The Renton parcel located on the north side of South 192nd Street has been inventoried as being significantly encumbered with wetland area The subject site generally slopes downward toward the north-northwest, more severely to the northwest of the existing site structures South 192nd Street does not connect through SR-167 No wetlands report was submitted with the application The subject parcel is in a flood-prone area identified by the Washington State Department of Transportation as having maintenance problems Parcels to the northeast of the subject site are designated within the City of Renton as Residential Planned Neighborhood Land Use, and are zoned as R-14 (Residential, Fourteen (14) Units per Acre) Multifamily residential development has been recently developed six hundred (600) feet north of the intersection of Talbot Road South and South 192nd Street (South 55"' Street) —at the density of Renton zoning RELEVANT COMPREHENSIVE PLAN GOALS & POLICIES LAND USE, COMMUNITY DESIGN & HOUSING ELEMENTS The Land Use, Community Design, and Housing Elements of the Comprehensive Plan contain several goals and policies related to residential development, adequacy of infrastructure, identification and protection of environmentally sensitive and critical areas, and proximity to major roadways 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. Goal LU-20 Protect and enhance environmentally sensitive areas via the adoption of City regulations and programs which encourage well-designed land use patterns such as clustering and planned unit development. Use such land use patterns to concentrate higher urban land use densities and intensity of uses in specified areas in order to preserve natural features such as large wetlands, streams, steep slopes, and forests. Policy LU-23.2 Protect wetlands not as isolated units, but as ecosystems, and essential elements of watersheds. Base protection measures wetland functions and values, and the effects of on-site and off-site activities. Goal LU-25 Regulate development in environmentally critical areas such as steep slopes and landslide-prone areas to prevent harm, to protect pubift health and safety, and to save the remaining sensitive areas in the Cit Policy CD-2.7 In general, construct sidewalks on both sides of all new streets. In industrial districts, sidewalks may not be appropriate, unless significant Land Use and Planning Board Hearing January 27, 2003 Page 13 of 20 pedestrian traffic is projected, the absence of a sidewalk poses a public safety risk, or the streets are on existing or planned transit routes. Goal H-2 Provide sufficient, diverse, and affordable housing for the existing and projected population of Kent. Policy H-2.1 Promote a wide range of housing to meet the needs of our diverse population and ensure that this housing is available throughout the community for people of all income levels and special needs. 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. Staff Comment The steep slope conditions of the subject site, identified in the King County Districts and Development Conditions Parcel Report as having erosion hazards, are the prevalent on-site concern Limited accessibility of the site from the South 192nd Avenue roadway, and the remoteness of the site from a street built to suitable public standards to accommodate a four-fold increase in density on the site are challenging There is varied density to the north of this site However, considering the City of Renton has designated a significant area to the east as Urban Separator, the likelihood that the infrastructure of this area will be developed in the next ten (10) years to provide sufficient connection to Talbot Road South is dubious The anticipated increased trip generation on a substandard and poorly-draining road shared with the City of Renton and King County, and the presence of large inventoried wetland areas on adjacent properties (approximately 0 23 acre inventoried on-site (2 4% of total site)) also provide significant challenges The parcel is also in an area prone to flooding Steep slopes, wetland areas, and related buffers would limit access options and the developable area of the site Potential connection of the South 196th Street Corridor project and South 192nd Street, with appurtenant street, sewerage, and drainage improvements might not occur for another five to ten (5-10) years Agreements between King County, and the City of Renton for the design, funding and construction of such street improvements would be necessary to relieve the drainage problems associated with the site and frontage access King County DDES has indicated the County will defer planning to the City of Renton for any improvements in the vicinity of the subject site New construction of homes provides housing opportunities for different segments of the population Purchasers of new housing typically vacate older, less expensive housing to provide affordable housing opportunities for younger, smaller, and less affluent households However, increasing land use intensities in environmentally-sensitive areas might be inappropriate given that other areas have both the physical and zoning capacity to accommodate such growth Trip generation impacts are concerns, particularly if owners of contiguous parcels with similar site conditions elect to increase current land use and zoning designations to match this proposal See the Transportation Element commentary for further discussion of land use and transportation goals and policies related to the anticipated impacts of the proposal . TRANSPORTATION ELEMENT The Transportation Element of the Comprehensive Plan contains several goals and policies relating to coordination of development and road improvements, and the relationship between land use and the transportation system Land Use and Planning Board Hearing January 27, 2003 Page 14 of 20 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. Policy TR-1.2 Coordinate new commercial and residential development in Kent with transportation projects to improve affected roadways. Policy TR-1.5 Ensure consistency between land use and transportation plans so that land use and adjacent transportation facilities are compatible. Policy TR-1.7 Promote land use patterns which support public transportation. Policy TR-4.3 Balance the dual goals of providing accessibility within the local street system and protecting neighborhoods. Where overflow traffic from the regional system significantly impacts neighborhoods, protect the residential area. Staff Comment In accordance with the GMA, increasing residential density is desirable where sufficient infrastructure capacity either exists or is planned to coincide with development Increasing residential density is also desirable where site conditions, neighborhood context, and zoning regulations support a mixing of residential and commercial uses. The site is not proximately accessible to retail and employment activities for non-motorized transportation, and would require a significant, as of yet unplanned, and non-budgeted public capital investment (among Kent, Renton, . and perhaps, King County) to connect a large number of site residents to Talbot Road South APPLYING THE STANDARDS OF REVIEW The amendment will not result in development that will adversely affect the public health, safety, and general welfare [KCC 12 02 050(1) & 15 09 050(C)(5)] Staff Comment Development to SR-8 Zoning would likely generate significant stormwater runoff impacts, given the topography (steep slopes) and hydrological (wetlands) character of the subject site Vehicular access to the site would require significant improvements in an area of South 192"d (551h)Street that is prone to flooding The amendment is based upon new information that was not available at the time of adoption of the Comprehensive Plan, or that circumstances have changed since the adoption of the Plan that warrant an amendment to the Plan [KCC 12 02 050(2) & 15 09 050(C)(4)] Staff Comment Although the area within Renton approximately one-quarter of a mile to the northeast along Talbot Avenue South has increased residential density in the last few years, this site is located along a substandard road that does not connect through to the west side of State Route 167, and is notably adjacent to large single-family zoned parcels designated as Urban Separator by the City of Renton The amendment is consistent with other goals and policies of the Comprehensive Plan, and that the amendment will maintain concurrency between the Land Use, Transportation, and Capital Facilities Elements of the Plan [KCC 12 02 050(3) & 15 09 050(C)(1)] Staff Comment Land Use and Planning Board Hearing January 27, 2003 Page 15 of 20 Recent voter approved Initiatives have limited the ability of local governments to provide funding for transportation Improvement projects Initiative 776, approved in November 2002, if deemed constitutional, will remove substantial funds from the City's transportation budget Furthermore, the City is In the process of updating its Comprehensive Plan and will be reviewing consistency between the land use and transportation elements, in particular considering funding options Until that review is completed, consideration of Individual amendments, may be premature Mitigation of transportation impacts may include the completion of a comprehensive traffic Impact study to determine appropriate transportation improvements Other appropriate mitigation measures, such as contribution to regional corridor projects, may be required at the time of development in accordance with the City's concurrency management ordinance The proposed rezone Is consistent with the Comprehensive Plan [KCC 15 09 050(C)(2)] Staff Comment SR-8 (Single-Family Residential, 8 71 units per acre) Zoning would be out of character with its neighbors, and create concurrency impacts beyond planned Improvements for the area A rezone to SR-3 (Single-Family Residential, 3 63 units per acre) would be consistent with the current SF-3 Comprehensive Plan Land Use designation for the subject site The proposed rezone will not unduly burden the transportation system In the vicinity of the property with significant adverse Impacts which cannot be mitigated [KCC 15 09 050(C)(3)] Staff Comment As noted with consideration of Transportation Goals and Policies of the Comprehensive Plan, significant capital facilities Investments would be required to address concurrency requirements Mitigation of transportation impacts may include the completion of a comprehensive traffic impact study to determine appropriate transportation improvements Other appropriate mitigation measures, such as contribution to regional corridor projects, may be required at the time of development in accordance with the City's concurrency management ordinance Recommendation: Staff recommends DENIAL of this request to amend the Comprehensive Plan to a Land Use Designation of SF-8, and staff recommends CONDITIONAL APPROVAL of a rezone of the subject site to SR-3 (Single Family, 3 63 units per acre), which would be consistent with the existing Comprehensive Plan Land Use Designation for the subject site PROPOSAL D — MAPLE VISTA #CPA-2002-2(D)/#CPA-2002-4 (KIVA#2022742) #ENV-2002-40(D) (KIVA#2022741) Change in Comprehensive Plan Land Use Map and Zoning Map for property located at 20129 92nd Avenue South Applicant(Agent) Roberta Marta, DBM Consultants Existing Designation Proposed Change Comprehensive Plan LAND SF-3 (Single-Family 3 SF-6 (Single-Family 6 USE Map units/acre) units/acre ZONING Districts Map SR-3 (Single-Family 3 63 SR-6 (Single-Family 6 05 units/acre) units/acre Land Use and Planning Board Hearing January 27, 2003 Page 16 of 20 BACKGROUND The 928 acre subject site consists of one (1) tax parcel located between State Route 167 (SR-167) and 92nd Avenue South, and between South 200th and 202nd Streets Access to the subject site is limited to a driveway near the end of 92nd Avenue South The street frontage along 92nd Avenue South is unimproved Potential connection of the South 196th Street Corridor project and South 192nd Street, with appurtenant street and drainage improvements might not occur for another five to ten (5-10) years The City's wetland inventory indicates that the SR-167 right-of-way adjacent to the subject site contains a linear wetland, and that a small creek and related wetland terminate east of the site and 92nd Avenue South No wetland report was submitted with the applications Steep slope and seismic hazard conditions exist between 92nd Avenue and SR-167 Along with other parcels located on the slope above the linear SR-167 wetland, the topography of the subject site is contributive to downstream flooding problems at South 192nd Street The subject parcel was one of four parcels included in a previous application for a 60-lot subdivision previously known as Brenna's Vista (#SU-98-18, #ENV-99-52) That application was vested at the current zoning, and was approved by the Hearing Examiner; but the plat was not finalized Zoning of the properties in the immediate vicinity is SR-3 to the north and south (except one parcel zoned SR-1), and SR-6 to the east The Comprehensive Plan Land Use Map designations generally match the existing zoning for the surrounding area RELEVANT COMPREHENSIVE PLAN GOALS & POLICIES LAND USE ELEMENT The Land Use Element of the Comprehensive Plan contains several goals and policies related to environmentally sensitive critical areas and housing 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. Goal LU-10 Revise development regulations to encourage more single-family development and more flexibility and innovation in terms of building and site design. Policy LU-10.1 Calculate the allowable density for single-family developments based on the size of the overall development site, as opposed to individual lot sizes. Policy LU-10.2 Allow clustering of housing units in subdivisions in order to maximize potential build-out of single-family homes while preserving open space and environmentally sensitive areas. Goal LU-20 Protect and enhance environmentally sensitive areas via the adoption of City regulations and programs which encourage well-designed land use patterns such as clustering and planned unit development. Use such land use patterns to concentrate higher urban land use densities and intensity of uses in specified areas in order to preserve natural features such as large wetlands, streams, steep slopes, and forests. Goal LU-23 Protect and enhance water resources for multiple benefits, including recreation, fish and wildlife resources and habitat, flood protection, water supply, and open space. Land Use and Planning Board Hearing January 27, 2003 Page 17 of 20 Policy LU-23.2 Protect wetlands not as isolated units, but as ecosystems, and essential elements of watersheds. Base protection measures wetland functions and values, and the effects of on-site and off-site activities. Goal LU-25 Regulate development in environmentally critical areas such as steep slopes and landslide-prone areas to prevent harm, to protect public health and safety, and to save the remaining sensitive areas in the City. Staff Comment The presence of steep slope conditions and wetlands adjacent to SR-167 will impact site development, particularly the steep slope conditions Access and trip generation impacts are also concerns, particularly if owners of contiguous parcels with similar site conditions elect to increase current land use and zoning designations to match this proposal See the Transportation Element commentary for further discussion of land use and transportation goals and policies related to the anticipated Impacts of the proposal HOUSING ELEMENT The Housing Element of the Comprehensive Plan contains several goals and policies relating to provision and distribution of affordable housing choices Goal H-2 Provide sufficient, diverse, and affordable housing for the existing and projected population of Kent. Policy H-2.1 Promote a wide range of housing to meet the needs of our diverse population and ensure that this housing is available throughout the community for people of all income levels and special needs 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. Goal H-4 Expand home ownership opportunities for all income groups via land use regulations, financial strategies, and the removal of barriers to lending. Policy H-4.1 Revise zoning and development standards to facilitate small lot sizes, manufactured housing on single-family lots, townhouses, condominiums, clustering, and other options which increase the supply of affordable home ownership opportunities. Staff Comment Generally positive in view of the Comprehensive Plan, new construction of homes provides housing opportunities for different segments of the population Purchasers of new housing typically vacate older, less expensive housing to provide affordable housing opportunities for younger, smaller, and less affluent households However, increasing land use intensities in environmentally-sensitive areas might be inappropriate given that other areas have both the physical and zoning capacity to accommodate such growth TRANSPORTATION ELEMENT Land Use and Planning Board Hearing January 27, 2003 Page 1S of20 The Transportation Element of the Comprehensive Plan contains several goals and policies relating 10 to coordination of development and road improvements, and the relationship between land use and the transportation system Policy TR-1.2 Coordinate new commercial and residential development in Kent with transportation projects to improve affected roadways. Policy TR-1.5 Ensure consistency between land use and transportation plans so that land use and adjacent transportation facilities are compatible. Policy TR-1.7 Promote land use patterns which support public transportation. PolicyTR-4.1 Maximize traffic flow and mobility on arterial roads, especially on regional through routes, while protecting local neighborhood roads from increased traffic volumes. Policy TR-4.2 Provide a balance between protecting neighborhoods from increased traffic and reducing accessibility for the City-wide road network. Policy TR-4.3 Balance the dual goals of providing accessibility within the local street system and protecting neighborhoods. Where overflow traffic from the regional system significantly impacts neighborhoods, protect the residential area. Staff Comment In accordance with the GMA, increasing residential density is desirable where sufficient infrastructure capacity either exists or is planned to coincide with development Increasing residential density is also desirable where site conditions, neighborhood context, and zoning regulations support a mixing of residential and commercial uses. The site is not proximately accessible to retail and employment activities for non-motorized transportation, and would require a significant, as of yet unplanned, and non-budgeted public capital investment (between Kent and Renton) to improve 92nd Avenue South to meet the probable redesignation of several large parcels located between South 202"d and 2081" Streets (approximately 24 25 acres combined, with the potential for sixty or more (60+) additional dwelling units beyond current Comprehensive Plan Land Use capacity) APPLYING THE STANDARDS OF REVIEW The amendment will not result in development that will adversely affect the public health, safety, and general welfare [KCC 12 02 050(1) & 15 09 050(C)(5)] Staff Comment The steep slope conditions and trip generation may have adverse impacts The amendment is based upon new information that was not available at the time of adoption of the Comprehensive Plan, or that circumstances have changed since the adoption of the Plan that warrant an amendment to the Plan [KCC 12.02 050(2) & 15 09 050(C)(4)] Staff Comment The subject site was part of a subdivision application, per the current zoning Concerns about the stability of the slope have increased No further information provided indicates that circumstances support an increase in the intensity of use for the subject site. Land Use and Planning Board Hearing January 27, 2003 Page 19 of 20 The amendment is consistent with other goals and policies of the Comprehensive Plan, and that the amendment will maintain concurrency between the Land Use, Transportation, and Capital Facilities Elements of the Plan [KCC 12 02 050(3) & 15 09 050(C)(1)] Staff Comment Recent voter approved initiatives have limited the ability of local governments to provide funding for transportation improvement projects Initiative 776, approved in November 2002, if deemed constitutional, will remove substantial funds from the City's transportation budget Furthermore, the City is in the process of updating its Comprehensive Plan and will be reviewing consistency between the land use and transportation elements, in particular considering funding options Until that review is completed, consideration of individual amendments may be premature Mitigation of transportation impacts may include the completion of a comprehensive traffic impact study to determine appropriate transportation improvements Other appropriate mitigation measures, such as contribution to regional corridor projects, may be required at the time of development in accordance with the City's concurrency management ordinance The proposed rezone is consistent with the Comprehensive Plan [KCC 15 09 050(C)(2)] Staff Comment The proposal, if seen in a larger context of properties located along the slopes of East Hill with similar geographic features, zoning and development conditions, would provide the impetus for dramatic change of an entire area of Kent without consideration of aggregated impacts The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated [KCC 15 09 050(C)(3)] Staff Comment It is anticipated that approval of the proposal would encourage consequent proposals from neighboring properties along 92ntl Avenue South, creating a significantly larger impact on the transportation system than considered for one application As noted above, the transportation system would have significant concurrency issues Recommendation: Staff recommends DENIAL of this request PROPOSAL E —#CPA-2002-2(E) (KIVA#2022258) Update of the Comprehensive Plan and Kent City Code Chapter 12.13 to reflect changes to Federal Way School District and Kent School District Capital Facilities Plans Applicant(Agent) Federal Way School District and Kent School District Background: The applicants propose amendment of the text of the Kent Comprehensive Plan and Kent city Code Chapter 1213 to reflect changes to impact fees resulting from new student population generated by new single family and multifamily residential development The updated plans include an inventory of existing facilities, existing facility needs, expected future facility requirements, and expected funding The Kent School District proposes increasing their existing fees for single family units from $3,782 to $4,147 (an increase of $365 or 10%) and for multifamily units from $2,329 to $2,554 (an increase of $225 or 10%) The Federal Way School District proposes a $3,865 fee for single family units (up from $2,616, for an increase of $1,249 or 48%) and a $1,086 fee for multifamily units (up from $896, for an increase of $190 or 21%) Impact fees Land Use and Planning Board Hearing January 27, 2003 Page 20 of 20 appear to represent approximately 3% of the total funding sources for new construction in the Federal Way School District, and in the Kent School District are expected to contribute approximately 40% of the cost of construction only (does not include cost of site work or architectural fees) Recommendation Staff is recommending APPROVAL of these requests PROPOSAL_ F —#CPA-2002.2(F) (KIVA#2022xxx) Update of Comprehensive Plan Capital Facilities Element Applicant(Agent). City of Kent Finance Department Background: The Capital Facilities Element in the Kent Comprehensive Plan, which was adopted in 1995, contains a great deal of information relating to inventories of existing capital facilities, estimated costs of anticipated future facilities, and projected revenues to fund these facilities. These components of the Capital Facilities Element all are required under the Growth Management Act (GMA) The GMA requires that the Capital Facilities Element be updated to reflect the growth of the city in order to maintain concurrency with the Land Use and Transportation elements Recommendation: Staff is recommending APPROVAL of this request Staff will be available at the January 27 public hearing to highlight the location of each application and present a detailed review and discussion CAANO/pm S 1Permit PlanlCompPlanAmdments12 00212022 64 6CPA2002-2a-f-LUPB12703 doc COMMUNITY DEVELOPMENT Fred N. Satterstrom, Community Dev. Director PLANNING SERVICES Charlene Anderson,AICP,Planning Manager .400 Phone:253-856-5454 K E N T Fax 253-856-6454 WASNINQrom Address. 220 Fourth Avenue S Kent,WA 98032-5895 ENVIRONMENTAL REVIEW REPORT Decision Document CITY OF KENT COMPREHENSIVE PLAN AMENDMENTS AND IMPLEMENTING ZONING MAP AMENDMENTS ENV-2002-40(A-F) Responsible Official Kim Marousek Prepared by. William D. Osborne 1. PROPOSAL The City of Kent is considering six (6) amendments to its Comprehensive Plan Comprehensive Plan amendments can be analyzed by the City Council once per year, as authorized by the Growth Management Act(RCW 36 70A) and Kent City Code Chapter 12 02 Four (4) of these proposals have been made by private interests, and would amend the Comprehensive Plan Land Use Map and Zoning District Map. One application updates the City of Kent Capital Facilities Plan and one application updates the capital facilities plans for the Kent and Federal Way School Districts. The School Districts issued their own environmental determinations. The other proposed amendments are summarized below• A #ENV-2002-40(A) 1 #2022644 KNIPP (CPA-2002-2(A) AND CPZ-2002.1) The 5 12 acre subject site is located at 26922— 132nd Ave SE. This request is to amend,for four (4) contiguous parcels, the Comprehensive Plan Land Use Plan Map designation from SF-6 (Single Family, 6 units per acre) to C (Commercial), and the Zoning District Map designation from SR-6 (Single Family, 6 05 units per acre) to CC (Community Commercial). Staff is recommending DENIAL of this request to amend the Comprehensive Plan Land Use and Zoning District designations. B #ENV-2002-40(B) 1 #2022681 RUTH (CPA-2002-2(B) AND CPZ-2002-2) The 9 24 acre subject site is located at S 216th St & 46 h Ave S. This request is to amend, for two (2) parcels, the Comprehensive Plan Land Use Plan Map designation from SF-1 (Single Family, 1 unit per acre) to SF-3 (Single Family, 3 units per acre), and the Zoning District Map designation from SR-1 (Single Family, 1 unit per acre) to SR-3 (Single Family, 3.63 units per acre) Staff is recommending DENIAL of this request to amend the Comprehensive Plan Land Use and Zoning District designations. C #ENV-2002-40(C) 1 #2022716 PULE (CPA-2002-2(C) AND CPZ-2002.3) The 9 64 acre subject site is located at 9119 S. 192nd St This request is to amend the Comprehensive Plan Land Use Plan Map designation from SF-3 (Single Family, 3 units per acre) to SF-8 (Single Family, 8 units per acre), and the Zoning Distnct Map designation from SR-2 (Single Family, 2 18 units per acre)to SR-8 (Single Family, 8 71 units per acre) Staff is recommending DENIAL of the request to amend the Comprehensive Plan Land Use designation, and CONDITIONAL APPROVAL for an SR-3 (Single-Family, 3.63 units per acre) Zoning District designation, consistent with the existing Comprehensive Plan Land Use designation. Decision Document City of Kent CPA and Implementing Zoning Map Amendments #ENV-2002-40(A-F) D. #ENV-2002-40(D) 1 #2022741 MAPLE VISTA (CPA-2002-2(D) AND CPZ-2002-4) The 9.28 acre subject site is located at 20129 92nd Ave S. This request is to amend the Comprehensive Plan Land Use Map designation from SF-3 (Single Family, 3 units per acre) to SF-6 (Single Family, 6 units per acre), and the Zoning District Map designation from SR-3 (Single Family, 3.63 units per acre) to SR-6 (Single Family, 6.05 units per acre). Staff is recommending DENIAL of this request to amend the Comprehensive Plan Land Use and Zoning Distinct designations. E. #CPA-2D02-2(E) / #2022258 KENT & FEDERAL WAY SCHOOL DISTRICT CAPITAL FACILITIES 2001 PLAN - a request to amend the text of the Comprehensive Plan and Kent City Code, Section 12.13 to reflect proposed changes to impact fees assessed on the development of single-family and multifamily dwelling units. The school districts issued their own SEPA determinations. The City accepts the environmental review by the School Districts. F. #CPA-2002-2(F) 1#2022608 CITY OF KENT FINANCE DEPT CAPITAL FACILITIES ELEMENT - a request to amend the cost and revenue summaries of the Comprehensive Plan Capital Facilities Element as required under the Growth Management Act (GMA). Impacts of non-exempt projects will be reviewed with site specific development proposals. It. BACKGROUND INFORMATION Amending the City's Comprehensive Plan and Zoning Map is considered a "non-project" ac under the State Environmental Policy Act (SEPA) Amendments to comprehensive plans ar also not considered to be project permit applications under ESHB 1724 and Kent City Code Chapter 1201. The broad environmental impacts of the proposed Comprehensive Plan amendments will be analyzed in this document Subsequent development proposals on the applicable sites will likely require subsequent environmental review in conjunction with building permit, subdivision, and other appropriate project permit applications In addition to the above, Kent follows revisions to the Washington State Environmental Policy Act, Chapter 197-11 WAC (effective November 10, 1997), which implements ESHB 1724 and ESB 6094. Ill. ENVIRONMENTAL ELEMENTS A. Earth 1. ENV-2002-40(A) Knipp. The subject site has slightly rolling terrain along 132nd Ave SE, and a portion of a small hill is located to the mid-rear of the largest subject parcel. One (1) dwelling unit and a commercial use garage structure exist on the southwestern subject parcel that fronts 132nd Ave SE; the other three (3) parcels of the subject site are undeveloped and are largely covered with vegetation The inventoried sods of the subject site are primarily classified as AgB (Alderwood gravelly sandy loam, 0 to 6% slopes) series, with the rear-most third portion of the largest subject parcel containing sods classified as AgC series Both series are members of the Till soils gr 1. Detailed Grading Plan and Temporary Erosion/Sedimentation Plan meeI requirements of the City of Kent Construction Standards will be require ftu review and approval with any proposal for redevelopment of the property. Decision Document City of Kent CPA and Implementing Zoning Map Amendments #ENV-2002-40(A-F) information about the types of vehicles and fuels currently in use Non-road mobile sources (such as tractors and snowmobiles) emit air toxics as well. Subsequent development of the subject sites pursuant to the proposals considered herein will likely have greater air quality impacts Development of some sites will require demolition and clearing activities, some sites will remove existing vegetation, and all sites will attract additional human activities and automobile traffic that generate exhaust, heat, and fumes. 1 ENV-200240(A) Knipp. Commercial uses typically generate air quality impacts related to automobile parking Automotive-related commercial uses, i.e. auto repair, typically generate more air quality impacts than other commercial uses. 2. ENV-2002-40(B) Ruth 3. ENV-2002-40(C) Pule. 4. ENV-2002-40(D) Maple Vista. Development of single-family residential dwelling units will create air quality impacts related to site preparation and construction. A significant number of trees would likely be removed during site preparation of the Pule and Maple Vista sites Occupied housing units will generate air quality impacts related to landscaping, HVAC use, and automobile traffic. C. Water Subsequent development pursuant to each of the proposals shall increase the amoulP of impervious surface on the subject sites. City of Kent Stormwater Standards will b incorporated into the final site development plan The full implementation of these standards will mitigate any water quality or quantity impacts associated with the additional impervious surfaces. 1. ENV-2002-40(A) Knipp Based upon preliminary review of the subject site all four (4) parcels are encumbered with wetlands serving the Soosette Creek system which may significantly impact future development plans. Detailed wetlands and drainage review will be required before the parcels receive subdivision approval. The Applicant / Owner / Subdivider must submit and receive approval for a Wetland Delineation Report meeting the requirements of the City of Kent Wetlands Management Code and City of Kent Development Assistance Brochure #9, Wetland Delineation Reports, from the Kent Department of Public Works concurrent with submittal for subdivision SEPA and Preliminary Subdivision approval 2. ENV-2002-40(B) Ruth. The Applicant/Owner for this proposal has submitted an updated Wetland Delineation Report, and while this is normally not required for CPA/CPZ applications, the subject site has been identified as being entirely encumbered by inventoried wetland area (100%). The Applicant/Owner has also claimed the site to have "prior converted cropla status, thereby superceding and negating any wetland regulations othe applicable. Proof of status per the United States Army Corps of Enginee (USACOE, or the Corps) has not been received by the City of Kent Public Works Environmental Engineering Section as of the release of this document Neighboring parcels of land are also heavily encumbered with wetlands. The Page 4 of 14 Decision Document City of Kent CPA and Implementing Zoning Map Amendments #ENV-2002-40(A-F) buffers associated with these off-site wetlands will most likely extend onto this site, significantly reducing net developable land area. The subject site is apparently located within a 100-year floodplain, as designated by the Federal Emergency Management Agency 3. ENV-2002-40(C) Pule. Based upon preliminary review, a portion of the northwestern corner of the subject site has been identified as an inventoried wetland This wetland extends off-site southerly along the State Route 167 nght-of-way. A large wetland, also adjacent to SR-167, is located across the unimproved and poorly drained South 192"d/South 55d' Street right-of-way from the subject site. A large portion of the eastern subject site boundary is adjacent to a parcel Identified as being almost entirely encumbered with an inventoried wetland The requisite buffers from the adjacent wetland areas may Impact future development plans. Detailed wetlands and drainage review will be required before the parcels receive subdivision approval. The Applicant / Owner / Subdivider must submit and receive approval for a Wetland Delineation Report meeting the requirements of the City of Kent Wetlands Management Code and City of Kent Development Assistance Brochure#9, Wetland Delineation Reports, from the Kent Department of Public Works concurrent with submittal for subdivision SEPA and Preliminary Subdivision approval 4 ENV-2002-40-(D) Maple Vista Based upon preliminary review, a linear inventoried wetland adjacent to the SR-167 right-of-way parallels the western boundary of the subject site, the buffer of which may impact future development plans Another smaller linear inventoried wetland area, across 92"d Avenue South, appears to follow a contour pattern similar to on-site contours at the same approximate longitude Detailed wetlands and drainage review will be required before the parcels receive subdivision approval The Applicant / Owner / Subdivider must submit and receive approval for a Wetland Delineation Report meeting the requirements of the City of Kent Wetlands Management Code and City of Kent Development Assistance Brochure #9, Wetland Delineation Reports, from the Kent Department of Public Works concurrent with submittal for subdivision SEPA and Preliminary Subdivision approval D. Plants Most of the proposals would likely result in the eventual removal of some existing plants and trees at the time of development. Tree preservation plans shall be submitted to the City for review and approval per Kent City Code Section 15 08.240 concurrent with development applications. 1 ENV-2002-40(A) Knipp. The subject site is densely covered with vegetation, trees, shrubs, and underbrush — some potentially associated with Soosette Creek wetland habitat functions (see above I// C, Water Impacts) 2 ENV-2002-40(B) Ruth The subject site has ground cover vegetation, without the presence of trees. The Applicant indicated the presence of buttercup and other wet soil plants in proximity to an excavated ditch, as well as crop and grain vegetation. Page 5 of 14 Decision Document City of Kent CPA and Implementing Zoning Map Amendments #ENV-2002.40(A-F) 4. ENV-2002-40(D) Maple Vista. This site is adjacent to the Garrison Creek which is known to provide habitat and breeding beds for salmonids Some salmonids are known to be threatened and/or endangered species, under the Federal Endangered Species Act and the City may therefore require more stringent development conditions to ensure the continued survival of these fish. There are existing sensitive areas such as creeks and wetlands downstream of this proposal The City of Kent as well as the Washington State Department of Fish and Wildlife (WDFW) have an interest in the continued health of these areas Therefore the Applicant may be required to obtain an approved Hydraulic Project Approval (HPA) from the WDFW, or a written waiver therefrom at the time of application for a development proposal F Environmental Health 1 ENV-2002-40(A) Knipp. Site preparation and construction activities, including the removal of trees and other vegetation could create air, vibration (falling trees) and noise impacts associated with machinery used in site development Once developed, commercial use at the subject site could have noise impacts on the adjacent single-family residential units, at a level according to the use. Other potential hazards to health would be considered in development review for a particular commercial use. Noise impacts on the subject site from surrounding uses would likely include traffic noise from 132nd Avenue Southeast 2. ENV-2002-40(B) Ruth Once built, additional residential units on- site would likely receive and generate noise impacts due to increased traffic 3. ENV-2002-40(C) Pule. Once built, noise impacts on the subject site from surrounding uses would likely include westerly traffic noise from State Route 167. The additional residential units on-site would likely increase the traffic noise generated along South 192°d Street 4. ENV-2002-40(D) Maple Vista Once built, noise impacts on the subject site from surrounding uses would likely include westerly traffic noise from State Route 167 The additional residential units on-site would likely increase the traffic noise generated along 92"d Avenue South, G. Energy and Natural Resources None of the proposals is anticipated to generate demand for energy or natural resources beyond typical levels for development allowed within an urban area. The increase of residential densities via redevelopment within the city limits serves as an alleviating factor on consumption of rural and natural resource lands outside of the urban growth boundary. H Land and Shoreline Use The existing uses on the subject sites and the context of surrounding land uses are described hereafter. 1. ENV-2002-40(A) Knipp. The existinq uses located on one of the Decision Document City of Kent CPA and Implementing Zoning Map Amendments #ENV-2002-40(A-F) 2. ENV-2002-40(B) Ruth. Considering environmental constraints, including required buffers extending from neighboring properties, the subject site of this proposal could accommodate up to eight (8) single-family detached units under current zoning, and twenty-nine (29) units under proposed zoning. 3. ENV-2002-40(C) Pule. This proposal could replace three (3) single- family detached housing units. Considering environmental constraints, including buffers extending from neighboring properties, the subject site of this proposal could accommodate up to twelve (12) single-family detached units under current zoning , and fifty (50) single-family detached units under proposed zoning Without consideration of environmental constraints, the subject site could accommodate up to twenty-one (21) single-family detached units under current zoning, and up to eighty-four (84) single-family detached units under proposed zoning. 4. ENV-2002-40(D) Maple Vista. This proposal could replace one (1) single- family detached unit. Considering environmental constraints, including buffers extending from neighboring properties, the subject site of this proposal could accommodate up to sixteen (16) single-family detached units under current zoning, and up to twenty-six (26) single-family detached units under proposed zoning Without consideration of environmental constraints, the subject site could accommodate up to thirty-four (34) single-family detached units under current zoning, and up to fifty-six (56) single-family detached units under proposed zoning. J Aesthetics The proposals for the most part will create some aesthetics impacts as most subject sites are located in underdeveloped areas with dense, screening vegetation Many of the proposals that might have aesthetics impacts would be more appropriately addressed during the review of development plans An exception would be the Knipp proposal, which would insert potentially intensive commercial use within a single-family residential neighborhood. However, the Impacts of the proposal in this regard can be assessed from a policy standpoint rather than an environmental standpoint. K. Light and Glare Commercial development projects, and commercial uses pursuant to the zoning requested for Proposal A (Knipp) are anticipated to create light Impacts due to the nature of the development process and commercial enterprise during evening hours Glare Impacts might be anticipated for this Proposal as well Any Impacts of light and glare would be more appropriately addressed during the review of development plans. L. Recreation Any single-family detached residential development of greater than four (4) lots subsequent to the amendment of the City of Kent Comprehensive Plan Land Use Map and or Zoning District Map will be required to provide open space or recreation areas, or a fee-in-lieu of such facilities, at the time of subdivision CPA-2002-2(F) City of Kent Finance Dept. Capital Facilities Element: Included in the nronosed 2003-2008 Capital Facilities Plan are development or improvement of Decision Document City of Kent CPA and Implementing Zoning Map Amendments #ENV-2002-40(A-F) trips generated under the existing zoning. Mitigation of transportation impacts may include the completion of a comprehensive traffic impact study to determine appropriate transportation improvements. Other appropriate mitigation measures, such as contribution to regional corridor projects, may be required at the time of development in accordance with the City's concurrency management ordinance 2. #ENV-2002-40(B)/#2022681 RUTH (CPA-2002-2(B) AND CPZ-2002-2): The subject site is located within the Valley Floor area of the City, and will take its primary access from South 216"' Street. This street has an existing public right-of-way width of about 40-feet, while the asphalt street width is currently about only about 20 to 22-feet wide. The existing street provides for two narrow lanes of traffic, very narrow shoulders, and does not include the following other improvements* cement concrete curbs & gutters; stormwater drainage system; cement concrete sidewalks, or a street lighting system. South 216°i Street is classified as a Residential Street upon the City's Master Plan of Roadways, which will require: a minimum of 50-feet of public right-of- way; a 28-foot wide asphalt roadway with two traffic lanes, vertical combined curbs & gutters, 5-foot wide planter strips, and 5-foot wide concrete sidewalks on both sides of the street; a stormwater drainage system; a City-approved street lighting system; public utilities, and other street appurtenances when fully improved This subject site is within an area which is characterized by streets with narrow traffic lanes, and narrow or no shoulders, and has been identified as having substandard pedestrian facilities Any future development occurring as a result of this rezone will require off-site sidewalks /walkways to provide safe travel for school-age pedestrians to and from the closest school bus stop serving this area. South 216"' Street is currently not improved to its design standard, and will require improvement / widening in conjunction with future development occurring as a result of this rezone, and continued development in the area In addition, the requested rezone has the potential to put even more vehicles onto Frager Road, a designated scenic route along the Green River Future development resulting from this rezone will permit more daily and PM Peak Hour traffic trips onto the adjacent public street network than currently estimated in the best use assessments for the South 224'h Street Corridor LID The current average daily traffic (ADT) along South 216" Street is approximately 1920 vehicles Future development occurring as a result of this requested rezone has the potential to add an estimated 270 daily and 27 PM peak hour trips to the local street system compared to 90 and 9 respectively under current zoning, and to allow more vehicles to use Frager Road — a designated scenic route along the Green River. hA finatinn of transoortation impacts may include the cmmnletinn of a Decision Document City of Kent CPA and Implementing Zoning Map Amendments #ENV-200240(A-F) stormwater drainage system; cement concrete sidewalks, or a street lighting system 92nd Avenue South is classified as a Residential Collector Arterial Street Augmented with Bike Lanes upon the City's Master Plan of Roadways, which will require a minimum of 70-feet of public right-of-way, a 36-foot wide asphalt roadway with three traffic lanes, plus two 5-foot wide in-street bike lanes, vertical combined curbs & gutters, a 5-foot wide planter strip, and 5-foot wide concrete sidewalks on both sides of the street, a stormwater drainage system; a City-approved street lighting system, public utilities, and other street appurtenances when fully improved The future development of the subject parcel is within an area which is characterized by streets with narrow traffic lanes, and narrow or no shoulders, and has been identified as having substandard pedestrian facilities. This development will require off-site sidewalks /walkways to provide safe travel for school-age pedestrians to and from Spnngbrook Elementary School 92nd Avenue South is currently not improved to its design standard, and will require improvement / widening in conjunction with the future development of this site and continued development in the area. Future development occurring as a direct result of this rezone will permit more daily and PM Peak Hour traffic trips onto the adjacent public street network. The current average daily traffic (ADT) along 92nd Avenue South is estimated to be approximately 1300 vehicles. The future development of this parcel has the potential to add an estimated 550 daily and 56 PM peak hour trips to the local street system as compared to 275 daily and 28 PM peak hour trips under the existing zoning Mitigation of transportation impacts may include the completion of a comprehensive traffic impact study to determine appropriate transportation improvements Other appropriate mitigation measures, such as contribution to regional corridor projects, may be required at the time of development in accordance with the City's concurrency management ordinance O. Public Services On the whole, the proposals will require public services consistent with the Comprehensive Plan, and other City operational documents CPA-2002-2(F) CITY OF KENT FINANCE DEPT CAPITAL FACILITIES ELEMENT- Included in the proposed 2003-2008 Capital Facilities Plan are development of or improvements to general government, public works, police and public safety facilities P Utilities All of the proposals have basic utilities services Any of the proposals that might have utilities impacts would be more appropriately addressed during the review of development plans, as none of the proposals are anticipated at this time to have nroiect-soecfic tmoacts. COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director PLANNING SERVICES Charlene Anderson,AICP,Manager Phone 253-856-5454 KENT Farr 253-856-6454 wwawxorox Address: 220 Fourth Avenue S. Kent,WA 98032-5895 CITY OF KENT COMPREHENSIVE PLAN ENVIRONMENTAL IMPACT STATEMENT ADDENDUM FOR 2002 ANNUAL COMPREHENSIVE PLAN AMENDMENTS Responsible Official. Kim Marousek I. PROPOSAL The City of Kent is considering six (6) amendments to its Comprehensive Plan. Comprehensive Plan amendments can be analyzed by the City Council once per year, as authorized by the Growth Management Act (RCW 36.70A) and Kent City Code Chapter 12 02. Four (4) of these proposals have been made by private interests, and would amend the Comprehensive Plan Land Use Map and Zoning District Map. One application updates the City of Kent Capital Facilities Plan and one application updates the capital facilities plans for the Kent and Federal Way School Districts The School District issued a Determination of Nonsignificance for their annual capital facilities plan which is incorporated by reference to this addendum. The scope of this addendum is to provide additional analysis and to identify any impacts associated with this development that may not have been evaluated under the SEPA review for the City of Kent Comprehensive Plan EIS,(Draft and Final), ENV-93-51. The analysis is based upon the submittal of individual Environmental Checklists with each Comprehensive Plan Map Amendment application. II. BACKGROUND INFORMATION Compliance with Kent's Comprehensive Plan (Ordinance 3222), the Washington State Growth Management Act (GMA), The Local Project Review Act (ESHB 1724 and ESB 6094), Kent's Construction Standards (Ordinance 3117) and Concurrency Management (Chapter 12 11, Kent City Code), will require concurrent improvements or the execution of binding agreements by the Applicant/ Subdivider / Owner with Kent to mitigate identified environmental impacts These improvements and/or agreements may include improvements to roadways, intersections and intersection traffic signals, stormwater detention, treatment and conveyance, utilities, sanitary sewerage and domestic water systems Compliance with Kent's Construction Standards may require the deeding / dedication of right-of-way for identified improvements. Compliance with Title 1103, and with Sections 15 08.220 to 15.08.224,and to Section 15.08.240 of the Kent City Code may require the conveyance of Sensitive Area Tracts to the City of Kent, in order to: preserve trees;or to regulate the location and density of development based upon known physical constraints such as steep and/or unstable slopes or proximity to lakes; or to maintain or enhance water quality. Compliance with the provisions of Chapter 6.12 of the Kent City Code may require provisions for mass transit adjacent to the site. Addendum ENV-200240(a-f) City of Kent Comprehensive Plan EIS-Addendum Phased Review— SEPA rules allow environmental review to be phased so that review coincides with meaningful points in the planning and decision making process, (WAC 197-11-055(5)) Broader environmental documents may be followed by narrower 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. Prior Environmental Documents—The City of Kent issued a Draft Environmental Impact Statement (DEIS) for the Comprehensive Plan on July 18, 1994 (#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 of 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 EIS. Scope of Addendum —As outlined in the SEPA rules, the purpose of an addendum is to provide new information about six (6) amendments to the City of Kent Comprehensive Plan. Potential impacts associated with these "non-project" actions were adequately evaluated through the EIS SEPA review process and do not substantially change the prior analysis, therefore it is prudent to utilize the addendum process as outlined in WAC-197- 11-600(4)(c). III. ENVIRONMENTAL ELEMENTS All environmental elements were adequately addressed within the parameters of the City of Kent Comprehensive Plan EIS,draft and final. Further,subsequent"project"actions would require the submittal of separate environmental checklists, pursuant to SEPA, which will be analyzed for consistency with the original mitigating conditions and may require new mitigation based upon site-specific conditions. Additional guidance for future development is as follows. Transportation The four(4) separate private amendments proposed for this non-project action are listed as A through D on the Environmental Checklist. The potential traffic impacts are discussed below. Site-specific and project-specific constraints such as additional public right-of-way requirements, and sensitive areas (steep slopes,wetlands, streams, etc) may result in more or less traffic impacts. Recent voter approved initiatives have limited the ability of local governments to provide funding for transportation improvement projects. Initiative 776, approved in November 2002, if deemed constitutional, will remove substantial funds from the City's transportation budget Furthermore, the City is in the process of updating its Comprehensive Plan and will be reviewing consistency between the land use and transportation elements, in particular considering funding options Until that review is completed, consideration of individual amendments may be premature. Kent City Council Meeting Date March 4, 2003 Category Bids 1. SUBJECT: 1 ST AVENUE NORTHATH AVENUE NORTH WIDENING AND UTILITY TRENCHING 2 SUMMARY STATEMENT: The bid opening for this project was held on February 21 st with eight bids received. The low bid was submitted by Pivetta Brothers Construction, Inc in the amount of $821,645.50. The Engineer's estimate was $913,986.00 The Public Works Director recommends awarding this contract to Pivetta Brothers Construction, Inc. 3. EXHIBITS: Memo 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $821,645.50 SOURCE OF FUNDS: R09950 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds that the 1st Avenue NorthAth Avenue North Widening and Utility Trenching contract be awarded to Pivetta Brothers Construction, Inc. for the low bid amount of $821,645.50. DISCUSSION- ACTION: PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P E Public Works Director K E N T Phone Fax 253-856-6500 WASHIHGTOH Address 220 Fourth Avenue S Kent,WA 98032-5895 Date- March 4, 2003 To. Ma City Council From: Don Wickstrom, Public Works Director Regarding: 1st Avenue North/4th Avenue North Widening and Utility Trenching Project Bid opening for this project was held on February 21st with eight bids received The low bid was submitted by Pivetta Brothers Construction, Inc in the amount of$821,645 50. The Engineer's estimate was $913,986 00 The Public Works Director recommends awarding of this contract to Pivetta Brothers Construction, Inc. • Bid Summary Pivetta Brothers Construction, Inc $ 821,645 50 Gary Merlino Construction Co., Inc $ 847,742 20 DPK, Inc. $ 945,435 60 Fury Construction Co $ 992,465 88 RW Scott $ 999,521 50 SCI I nfrasturcture, LLC $1,048,926 40 Westwater Construction Co. $1,138,816 40 Tri-State Construction, Inc $1,152,133 90 Engineer's Estimate $ 913,986 00 MOTION• Councilmember moves, Councilmember seconds that the 1st Avenue North/4th Avenue North Widening and Utility Trenching Project contract be awarded to Pivetta Brothers Construction, Inc for the low bid amount of$821,645.50. REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC SAFETY COMMITTEE D. PUBLIC WORKS E. PLANNING COMMITTEE &&- 3 J 4m F. PARKS COMMITTEE �e�c0 Zoo3 CD_6,0 97 ooa doF,oza an06 G. ADMINISTRATIVE REPORTS //lcvvwrV a /l�rna , a c Cr v,ti Dom- REPORTS FROM SPECIAL COMMITTEES l r f2CONTINUED COMMUNICATIONS A. p p sal 6,re� t 014 B "-,-p av, aooc- N (,J (Y\-e.#-c,.Q n o d-�-u ce l a4w 4o � n,�d EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION A) i