HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 01/03/2006 1
1 City of Kent
1 City Council Meeting
Agenda
1
January 3, 2006
' Mayor Suzette Cooke
Deborah Ranniger, Council President
1 Councilmembers
1 Tim Clark Debbie Raplee
Ron Harmon Les Thomas
1 Bob O'Brien Elizabeth Watson
i
KEN T
WASHINGTON
City Clerk's Office
KENT CITY COUNCIL AGENDAS
KEN T January 3, 2006
W^5 H I N�T°N Council Chambers
MAYOR Suzette Cooke COUNCILMEMBERS: Deborah Ranniger, President
Tim Clark Ron Harmon Bob O'Brien
Debbie Raplee Les Thomas Elizabeth Watson
COUNCIL WORKSHOP AGENDA
5:30 p.m.
Item DescriptionSneaker Time
1. Quasi-Judicial Matters, Executive City Attorney Brubaker 45 min
Sessions, Open Public Meetings
COUNCIL MEETING AGENDA
7:00 p.m.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
1 3. CHANGES TO AGENDA
A. FROM COUNCIL, ADMINISTRATION, OR STAFF
B FROM THE PUBLIC— Citizens may request that an item be added to the
agenda at this time. Please stand or raise your hand to be recognized by the
Mayor.
4. PUBLIC COMMUNICATIONS
A. Passing of the Gavel
B Oath of Office
C. Election of Council President
D. HomeStreet Bank Donation to Fire Department
E. Employee of the Month
5. PUBLIC HEARINGS
None
6. CONSENT CALENDAR
A. Minutes of Previous Meeting —Approve
B. Payment of Bills —Approve o
C. 36th Avenue South Street Vacation Ordinance —Adopt 37 g
D. Highland Park Infrastructure Improvement Bill of Sale—Accept
(Continued on Back)
COUNCIL MEETING AGENDA CONTINUED
7. OTHER BUSINESS
A. Zoning Code Amendment, Commercial Motor Vehicles in Residential Zoning
Districts
B. Smith Court Homes Rezone (QUASI-JUDICIAL)
8. BIDS
A Kent Senior Center Upgrades
9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL
COMMITTEES
10. CONTINUED COMMUNICATIONS
11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION
A. Property Acquisition
12. 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 and complete packet are on the City of Kent
web site at www ci.kent.wa.us.
1 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
at1-800-833-6388.
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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
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PUBLIC COMMUNICATIONS
A) PASSING THE GAVEL
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B) OATH OF OFFICE
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C) ELECTION OF COUNCIL PRESIDENT
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D) HOMESTREET BANK DONATION TO FIRE DEPARTMENT
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E) EMPLOYEE OF THE MONTH
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CONSENT CALENDAR
6. City Council Action: n ,�
Councilmember &qlz moves, Councilmember X�
seconds to approve Consent lCalendar Items A through D.
Discussion
1 Action
6A. Approval of Minutes.
Approval of the minutes of the special Council meeting at 4:45 p.m. on December 13,
2005, and the regular Council meeting at 7 00 p.m on December 13, 2005.
6B. Approval of Bills.
Approval of payment of the bills received through November 30 and paid on
November 30 after auditing by the Operations Committee on December 6, 2005.
Approval of checks issued for vouchers
Date Check Numbers Amount
II/30/05 Wire Transfers 2246-2258 $1,148,36132
11/30%05 PrePays & 586540 3,011,954 75
11/30/05 Regular 587056 2,755,69915
Use Tax Payable 7,63543
$6,923,650 65
Approval of checks issued for payroll for November I through November 15 and paid on November 18,2005
Date Check Numbers Amount
11/18/05 Checks 278372-287637 $ 199,778 76
11/18/05 Advices 188231-188919 1,259,667 97
Total of Regular Payroll $1,459,446 73
Interim
11/28/05 Vold Checks 282249,282423,284562 $(430 32)
Checks 287638-287640 43032
$0 00
Approval of checks issued for payroll for November 16 through November 30 and paid on December 5,2005.
Date Check Numbers Amount
12/5/05 Checks 287641-287876 $ 266,190 98
12/5/05 Advices 188920-189608 1,636,43189
Total of Regular Payroll $1,862,622 87
Interim
12/6/05 Checks 287877 $69 15
$69 15
Council Agenda
Item No 6 A-B
• Kent City Council Meeting
KENT December 13, 2005
WASMINGTON
A special meeting of the Kent City Council was called to order at 4:45 p.m. by Mayor White.
Councilmembers present Clark, Harmon, Ranmger, Raplee, Thomas (who arrived at 5 00 p.m)
and White.
The Mayor noted that there would be an Executive Session of approximately 40 minutes to
discuss property negotiations (sale and acquisition) and labor negotiations. The meeting then
recessed to Executive Session.
The meeting reconvened and adjourned at 6.42 p.m
Brenda Jacober, CMC
City Clerk
1 .
t
• Kent City Council Meeting
KENT December 13, 2005
The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor White.
Councilmembers present Clark, Harmon, Ranniger, Raplee, Thomas and White (CFN-198)
Flag Salute. The flag salute was led by the Police and Fire Honor Guards.
CHANGES TO THE AGENDA
A. From Council, Administration, or Staff. (CFN-198) Mayor White added Other Business Items
B, C, D, E, and F. Hodgson removed Bid Item A, and Consent Calendar Items CC, DD, EE, FF and
GG were removed from the agenda at the request of Mayor-Elect Cooke.
B. From the Public.
North Park Neighborhood. (CFN-131) Pam Newcomer, 839 3rd Avenue North, thanked the
City, and Public Works Director Larry Blanchard in particular, for their prompt response to the
neighborhood's concerns.
Farewell. (CFN-147) Dave Everett, formerly of the Police Department and currently in the
Parks Department, announced that he is leaving the City after 34 years, and expressed his
gratitude to the Mayor and Council for all the things they've done for the City
PUBLIC COMMUNICATIONS
A. Employee of the Month. (CFN-147) Mayor White announced that Chris Thompson of the
Multimedia Department, has been chosen as December Employee of the Month.
B. Economic Development Report. (CFN-198) Economic Development Manager Torgelson
reported on the progress of Kent Station, Project Springboard, and the Center for Advanced
Manufacturing
C Soroptimist Club Donation for Service Club Park. (CFN-118) The President of the
Soroptimist Club presented Dave Everett of the Parks Department with a check in the amount of
$10,000 for Service Club Park
D. Kiwanis of Kent Presentation. (CFN-198) The Charter President of the Kiwanis Club of Kent
A.M presented Mayor White with a proclamation declaring him an Every Day Hero.
E. Introduction of Appointees. (CFN-198) Mayor White introduced the following youth who he
has appointed as ex-officio members of various boards and commissions' Jennifer Grosman to the
Human Services Commission, Mammeet Dhami to the Diversity Board, Jayleen Bowman to the
Drinking Driver Task Force, and Bonnie Farquhar to the Art's Commission.
F. Mayor/Council Presentations. (CFN-198) Council President Ranniger commended
Councilmember Bruce White and Mayor White for their service and presented them with plaques.
Councilmembers also expressed their appreciation
1
Kent City Council Minutes December 13, 2005
PUBLIC HEARINGS
A Street Vacation, Portion of 132nd Avenue SE. (CFN-102) Resolution No. 1713 established
December 13, 2005 as the public hearing date for the petition by Mike Romano, on behalf of Norris
Homes, Inc., to vacate a portion of 132nd Avenue SE. Staff recommends approval with conditions
Mayor White opened the public hearing. Mike Romano, consultant for the applicant, urged the
Council to approve the vacation. There were no further comments from the audience and WHITE
MOVED to close the public hearing Harmon seconded and the motion carried.
WHITE MOVED to approve staff s recommendation of approval with conditions of the petition to
vacate a portion of t32nd Avenue SE, as referenced in Resolution No 1713, and to direct the City
Attorney to prepare the necessary ordinance upon compliance with the conditions of approval.
Ranmger seconded and the motion carried
CONSENT CALENDAR
RANNIGER MOVED to approve Consent Calendar Items A through BB, with the exception of
Item G which was removed by Councilmember Clark Clark seconded and the motion carried.
A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of November 15,
2005 were approved
B Approval of Bills. (CFN-104) Payment of the bills received through November 15 and paid on
November 15 after auditing by the Operations Committee on November 15, 2005 was approved.
Approval of checks issued for vouchers:
Date Check Numbers Amount
11/15/05 Wire Transfers 2233-2245 $1,261,310.50
11/15/05 Prepays & 585887 3,850,287.39
11/15/05 Regular 586539 1,121,672.78
Use Tax Payable 1,124.57
$6,234,395 24
Approval of checks issued for payroll for October 16 through October 31 and paid on November 4,
2005:
Date Check Numbers Amount
11/4/05 Checks 287090-287362 $ 199,619.50
11/4/05 Advices 187540-188230 1,255,881.23
Total of Regular Payroll $1,455,500.73
Interim Void 282000,282819,283102
283134,283381,283686
11/9/05 Checks 283867,283988,284941 $(1,970 58)
Checks 287363-287371 $1,970.58
$0.0
2
Kent City Council Minutes December 13, 2005
C. 2006 Annual Budget. (CFN-186) Ordinance No. 3772, which adopts the City's 2006 budget
was adopted.
D 2005 Tax Levy Ordinances for 2006 Budget. (CFN-104) Ordinance Nos 3773 and 3774
authorizing an increase in property tax and levying the property tax levy for collection in 2006, with
final numbers subject to minor adjustment upon receipt of the assessed valuation from King County,
were adopted
Ordinance No 3773 authorizes an increase in the regular property tax to 1% over the previous
maximum allowed tax levy. Ordinance No 3774 levies the tax for 2006 collection The estimated
levy is $24,615,938 for the General Fund and $1,785,000 for the Debt Service funds, for an estimated
total of$26,400,938. Final numbers are pending receipt of the assessed valuation from King County.
E. Comprehensive Plan Amendment to Include 2006-2011 Capital Improvement Plan.
(CFN-377,775&961) Ordinance No. 3775, relating to CPA-2005-3 amending the Capital Facilities
Element of the Comprehensive Plan to include the Capital Improvement Plan for 2006-2011 was
adopted.
F. Comprehensive Plan Amendment and Revisions to Kent City Code 12.13, School District
Capital Facilities Plans. (CFN-377&1000) Ordinance No 3776 relating to CPA-2005-1, which
amends the Capital Facilities Element of the Comprehensive plan to include the amended Capital
Facilities Plans of the Kent, Federal Way, and Auburn School Districts, and Ordinance No 3777
relating to CPA-2005-12, which amends the school impact fee schedule contained in section
12.13 160 of the Kent City Code to reflect changes in the Kent, Federal Way, and Auburn School
Districts' Capital Facilities Plans were adopted
REMOVED BY COUNCILMEMBER CLARK
G LTGO 2006 Parks Bond Ordinance. (CFN-104) The proposed ordinance would authorize the
2006 Parks Limited Tax General Obligation (LTGO) bonds which would provide $12 million for
various parks improvements. Clark pointed out that this is a long-term debt and expressed concern
that the State will pass costs on to cities in 2007 He added that if there were a real estate bubble and
it burst, the City would take on some major financial obligations with these bonds. HE THEN
MOVED to adopt Ordinance No 3778 authorizing the 2006 Parks Limited Tax General Obligation
bonds. Ranniger seconded
Upon Ranniger's request, Finance Director Nachlmger said that a housing bubble may or may not
affect Kent, and that there is a reasonable balance between the needs of the citizens and the City's
outstanding debt
Clark's motion to authorize the bonds then carried
H. HomeStreet Bank Donation to Fire Department. (CFN-122) A donation from HomeStreet
Bank's Corporate Giving Program to the Fire Department in the amount of$3,000 was accepted.
I. Washington Traffic Safety Commission "DOTS" Mini-Grant. (CFN-122) A grant from the
Washington Traffic Safety Commission for$4,000 to provide supplemental overtime funding for
DUI enforcement in the Kent Police Department was accepted
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Kent City Council Minutes December 13, 2005
J. Washington Traffic Safety Commission `Drive Hammered— Get Nailed" Mini-Grant.
(CFN-122) A grant from the Washington Traffic Safety Commission in the amount of$3,500 to
provide supplemental overtime funding for DUI enforcement by the Kent Police Department was
accepted.
K. Soroptimist Club Donation for Service Club Park. (CFN-118) A donation of$10,000 from '
Soroptimist International of Kent for development of the Service Club Park was accepted, and the
expenditure of funds in the Service Club Park budget was authorized
L. Indigent Counsel Contract. (CFN-234&118) The Mayor was authorized to enter into
an agreement with Stewart, Beall and McNichols for indigent counsel services.
M. 2006 Art Plan and Five Year Art Plan. (CFN-118) The 2006 City Art Plan and Five Year Art
Plan was approved.
N. 2005 Annual Docket Report, Comprehensive Plan and Zoning Map and Text Amendments.
(CFN-377&131) The 2005 Annual Docket Report, a list of this year's suggested amendments to the
Comprehensive Plan and Zoning maps and text, was approved
O. A2reement with Puget Sound Energy for Easement at Service Club Park. (CFN-1038)
The Mayor was authorized to sign the agreement with Puget Sound Energy (PSE) for an easement at
Service Club Park.
P. Vehicle Equipment Surplus. (CFN-136) Equipment described in the Public Works memoran-
dum of November 2, 2005 was declared as surplus and staff was authorized to dispose of it in
accordance with City policy
Q. Disposal of Metrotech Locators. (CFN-136) Equipment described in the Public Works memo-
randum of 12/5/05 was declared obsolete and staff was authorized to "trade in" two Metrotech 9800
utility locators, purchased approximately 10 years ago, to reduce the purchase cost of a new
Metrotech utility locator
R. Street Sweeping Contract Change Order No. 4. (CFN-136) The Mayor was authorized to sign
Change Order No 4 with McDounough & Sons, Inc. for a 4% increase in the monthly lump sum for
the street sweeping contract, upon concurrence of the language by the City Attorney and Public
Works Director.
S. Univar USA, Inc. 2006 Water Treatment Chemical Contract. (CFN-675) The Mayor was
authorized to sign the 2006 Water Treatment Chemical Supply Agreement between the City and
Univar USA, Inc. for 12.5% Sodium Hypochlonte, Potassium Permanganate, Sodium Fluoride and
25% Sodium Hydroxide.
T. JCI Jones Chemical, Inc. 2006 Water Treatment Chemical Contract. (CFN-675) The Mayor
was authorized to sign the 2006 Water Treatment Chemical Supply Agreement between the City and
JC1 Jones Chemicals, Inc. for gas chlorine.
4
Kent City Council Minutes December 13, 2005
U. LID 352 Segregation Resolution. (CFN-1195) Resolution No 1715 directing the Finance
Director to segregate Assessment No 2 levied under LID 352 was adopted.
V. Homeland Security O'Brien Well Security Improvements Contract. (CFN-1038) The Mayor
was authorized to sign the Washington State Homeland Security Grant for the O'Brien Well Security
Improvements in the amount of$11,205, and staff was directed to accept the grant and spend the
funds on this project.
W. Homeland Security Kent Springs Security Improvements Contract. (CFN-1038) The Mayor
was authorized to sign the Washington State Homeland Security Grant for the Kent Springs Security
Improvements in the amount of$13,200, and staff was directed to accept the grant and spend the
funds on this project.
X. Lifeline Utility Rate Ordinance. (CFN-110) Ordinance No 3779 amending Chapter 7.01
of the Kent City Code, entitled"Utility Service Billing," to include a new section aligning
eligibility requirements for the lifeline utility rate with those set by the Federal Housing and Urban
Development office in order to standardize the process within the City was adopted.
Y. Transportation Master Plan Mirai Associates, Inc. Contract. (CFN-164) The Mayor was
authorized to sign the Consultant Services Agreement between the City and Mirat Associates, Inc. for
Project Management of the Transportation Master Plan, Phase 1.
Z Transportation Master Plan The Transpo Group, Inc. Contract. (CFN-164) The Mayor
was authorized to sign the Consultant Services Agreement between the City and The Transpo Group,
Inc for the Kent Pedestrian and Bicycle element of the Transportation Master Plan, Phase 1.
AA Transportation Master Plan CH2M Hill Contract. (CFN-164) The Mayor was authorized
to sign the Consultant Services Agreement between the City and CH2M Hill for Public Outreach/
IPublic Involvement efforts in support of the Transportation Master Plan, Phase 1.
BB. Highline Water District Agreement. (CFN-1071) The Mayor was authorized to sign the
Highline Water District Agreement upon concurrence of the language in that Agreement by the City
Attorney and the Public Works Director.
OTHER BUSINESS
A. Sophia Glenn/Brenna's Vista 11 Rezone (Quasi-Judicial). (CFN-121) This request by
Pacific West Development, LLC., is to rezone 22 34 acres of property from SR-4 5 (Single-Family
Residential), to SR-6 (Single-Family Residential). The Hearing Examiner held a public hearing on
October 5, 2005, and issued Findings, Conclusions, and a Recommendation for approval on
October 19, 2005. The City Attorney explained the quasi-judicial process, and it was determined that
there has been no ex-parte communication by Councilmembers. Chris Hankins of Planning Services,
noted that staff recommends approval. CLARK MOVED to accept the Findings, Conclusions and
Recommendation of the Hearing Examiner on the Sophia Glenn,'Brenna's Vista II Rezone and to
direct the City Attorney to prepare the necessary ordinance. White seconded Clark and Harmon
then spoke in opposition to the motion, noting that nothing has changed to qualify the project for
SR-6 Hankins outlined the changes which have occurred which relate to the handling of steep
slopes, the required infrastructure and mitigation of transportation impacts. Upon a roll call vote,
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Kent City Council Minutes December 13, 2005
Ranniger, Thomas and White were in favor, and Clark, Harmon and Raplee were opposed. The
motion to accept the Hearing Examiner's Findings, Conclusions and Recommendation then failed for
lack of a majority.
ADDED ITEMS
B Kent Downtown Saturday Market Red Barn Building. (CFN-462) Hodgson explained that
the time has come to surplus the building and redevelop the property RANNIGER MOVED to
surplus the Kent Downtown Red Barn Market Building located at 206 Railroad Avenue North and
authorize the Mayor to market the property in the manner determined to bring the best financial
return, subject to review by the City Attorney and approval of the City Council. Clark seconded and
the motion carried.
C. Clark Lake Property. (CFN-118) Hodgson explained that this property trade gives the City
access around the lake, with one small exception. RANNIGER MOVED to authorize the Mayor to
enter into a Trade Agreement at fair market value with Bill Ruth for certain Clark Lake Park land,
and to authorize the Mayor to execute any and all documents necessary to close the trade, subject to
review and approval of the terms and conditions by the City Attorney. Clark seconded and the
motion carried.
D. Kent Memorial Park Purchase and Sale. (CFN-118) Hodgson explained the purchase and
sale agreement and noted that the Cooper Property is adjacent to Kent Memorial Park RANNIGER
MOVED to authorize the Mayor to enter into a Purchase and Sale Agreement for Kent Memorial
Park Cooper Property at fair market value, and to authorize the Mayor to execute any and all
documents necessary to close the purchase upon review and approval by the City Attorney, and to
appropriate $90,000 plus closing costs from the park land acquisition account Clark seconded and
the motion carried.
E. Pine Tree Park. (CFN-118) Hodgson explained that construction of the 272nd corridor land
locked Pine Tree Park and that the park is used very little. He noted that the funds from the surplus
of Pine Tree Park would be used to build two new parks. RANNIGER MOVED to surplus Pine Tree
Park and authorize the Mayor to market the property in the manner determined to bring the best
financial return, subject to review by the City Attorney and approval of the City Council, and to
appropriate revenue to the 272nd Street Neighborhood Park Development account and the 132nd
Street Neighborhood Park Development account Clark seconded and the motion carried
F. Collective Bargaining Agreement. (CFN-198) CLARK MOVED to authorize the Mayor to
sign a three-year collective bargaining agreement with the International Association of Firefighters,
Local 1747, Fire Assistant the Division Chiefs unit, effective January 1, 2006 through December 31,
2008, subject to approval as to form by the City Attorney's Office Harmon seconded and the motion
carried
REPORTS
Public Safety Committee. (CFN-198) Ranniger reported that there will be no meeting in
December.
Public Works. (CFN-198) Clark noted that due to the holiday, there will be only one meeting in
January on the 23rd.
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Kent City Council Minutes December 13, 2005
Plannint and Economic Development Committee. (CFN-198) Clark noted that due to the
holiday, there will be only one meeting in January, on the 23rd.
Parks and Human Services Committee. (CFN-198) Ranmger noted that there will be no meeting
in December.
Administrative Reports. (CFN-198) Mayor White stated that it has been an honor to serve the
citizens of Kent.
ADJOURNMENT
At 8.10 p in THOMAS MOVED to adjourn. Ranmger seconded and the motion carried. Mayor
White was escorted from the meeting by the Police and Fire Honor Guards.
Brenda Jacober, CMC
City Clerk
7
Kent City Council Meeting
Date January 3, 2006
Category Consent Calendar
1. SUBJECT: 36TH AVENUE SOUTH STREET VACATION ORDINANCE—
ADOPT
2. SUMMARY STATEMENT: Adoption of Ordinance No. vacating a portion
of 361h Avenue South, between Reith Road and South 260`h Street, in the City of Kent
as described in the applicant's petition.
On September 6, 2005, the City Council adopted Resolution No. 1704 regarding the
vacation of a portion of 36`h Avenue South and set August 16, 2005, as the public
hearing date on the vacation. The public hearing occurred on August 16, 2005, and at
the close of the hearing, the Council approved the vacation with the conditions
recommended by staff Those conditions have since been satisfied and it is therefore
appropriate to adopt the ordinance vacating the property.
I3. EXHIBITS: Ordinance
4. RECOMMENDED BY: Council and Staff
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure9 No Revenue? Yes
Currently in the Budget? Yes No X
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund R20304 59520 Amount $34,525.00
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No 6C
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
Kent, Washington, relating to the vacation of portion of
' 36`h Avenue South, between Reith Road and South 260t'
Street, located in the City of Kent, Washington.
RECITALS
A. A petition has been filed to vacate a portion of 36th Avenue South,
between Reith Road and South 2601h Street, in the City of Kent, as legally described in
Exhibit'A," attached and incorporated by this reference.
B. The city's Planning Services Office processed this petition and, after
consulting with all appropriate city departments, secured technical facts regarding the
proposed vacation.
C. The city council fixed a time for a public hearing on the petition and the
hearing was held with proper notice on August 16, 2005, in the city council chambers of
Kent City Hall.
D. The city's Planning Services Office recommended that the city council
approve the petition, with conditions.
1 Street Vacation-
36`h Avenue South
E. After the public hearing on August 16, 2005, the city council approved
the vacation with the conditions recommended by staff. Those conditions have since
been satisfied.
F. The city council finds that the portion of the avenue/street sought to be ,
vacated is: (1) a dedicated alley/street that is presently unused; (2) not abutting on a
body of water and, therefore, not suitable for acquisition for port purposes, boat j
moorage or launching sites, park, viewpoint, recreational or education purposes, or
other public use; and (3) a vacation which is in the public interest.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1, — Recitals The foregoing recitals are incorporated as if fully set
forth herein.
SECTION 2. — Vacation. A portion of 36" Avenue South, between Reith Road
and South 260th Street, in the city of Kent, as legally described in Exhibit"A,"which is
attached and incorporated, is hereby vacated.
SECTION 3, — Vested Ri4ht. No vested rights shall be affected by the
provisions of this ordinance.
SECTION 4, — Severabi/ity If any one or more section, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall
not affect the validity of the remaining portion of this ordinance and the same shall
remain in full force and effect.
i
2 Street Vacation-
3e Avenue South
SECTIONS. —Effective Date. This ordinance shall take effect and be in force
thirty (30) days from and after its passage as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of January, 2006.
APPROVED: day of January, 2006.
PUBLISHED: day of January, 2006.
I hereby certify that this is a true copy of Ordinance No. passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of the
' City of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
P\Civil\ORDINANCE\Vacate-36thAveS da
3 Street Vacation-
3r Avenue South
EXHIBIT "A"
That portion of 36t'Avenue South between Reith Road and South 260`t' Street
lying within the southeast quarter of the northwest quarter of the northwest quarter and
the southwest quarter of the northeast quarter of the northwest quarter in Section 27,
Township 22, Range 4 EWK Except the north 20.00 feet thereof
1
1
i
Kent City Council Meeting
Date January 3, 2006
Category Consent Calendar
1. SUBJECT: HIGHLAND PARK INFRASTRUCTURE IMPROVEMENT
BILL OF SALE —ACCEPT
2. SUMMARY STATEMENT: Acceptance of the Bill of Sale for Highland Park
submitted by David E Cayton, P.E. for continuous operation and maintenance of 1,271
feet of sanitary sewers, 584 centerline feet of street improvements and 1,198 feet of
storm sewer. The bonds are to be released after the maintenance period. This project is
' located at SE 2661h Place and 132 d Avenue SE.
3. EXHIBITS: Vicinity map
4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No 6D
Bill of Sale
Page 1 of I
j KENT
W A S H I N G T p N
MAIL TO:
ENGINEERING DEPARTMENT
ATTN• Mark Damon
220 4T"AVENUE SOUTH
KENT,WASHINGTON 98032
PROJECT: Highland Park
LOCATION: SE 260 PI& 132nd Ave SE
TAX ACCT NO:
BILL OF SALE
CITY OF KENT
KING COUNTY,WASIIINGTON
THIS INSTRUMENT made this Fourth day of November,2005,by and between SBI
Developing, LLC, hereinafter called "Grantors",and City of Kent,a municipal corporation of King
County,State of Washington,herinafter called"Grantee":
WITNESSETH:
That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to
Grantee the following described improvements:
A. together with a total of gate valves at$
each, each and/or any other
appurtenances thereto.
ON FROM TO
(stree , t'ete)
' Including linear feet at$ f
(size&type) waterline.
B. SANITARY SEWERS: Together with a total of seven manholes at
$ 1,757 each and/or any other appurtenances thereto.
ON SE 266" PL&Public Easement FROM 128'h Ave SE TO 132 Ave SE
(street,esmt,etc)
Including 1,271.3 linear feet at$20.51 per LF of 8" (size&type)PVC sewer line.
C. STREETS: Together with curbs,gutters,sidewalks,and/or any other appurtenances
thereto.
ON SE 266'h PL FROM 132"d Ave SE TO Dead End to The West
Bill of Sale
Page 2 of 2
ON Tract'E' FROM TO
(street,esmt,etc)
Including 827.7/46.3/324.2 linear feet at S 20,981/$ 1,111 /$6,840 per LF of 12"/15"/18"
(size&type)PVC sewer line.
To have and to hold the same to the said Grantee, its successors and assigns forever. i
The undersigned hereby covenants that it is the lawful owner of said property; and that the
same is free from all encumbrances; that all bills for labor and material have been paid; that
it has the right to sell the same aforesaid; that it will warrant and defend the same against the
lawful claims and demand of all person.
The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its
successors and assigns to incorporate said utilities in its utility system and to maintain them as
provided in the applicable City Ordinances.
IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on this
Fourth day of November,2005.
/..,Cyr, ^°"✓.� //tee.%r,,,..e'"`-
STATE OF WASHINGTON )
)SS
COUNTY OF PIERCE )
I
On this 't` day of >> ,20 S� ,before me,the
undersigned A Notary Public in a� or he Staff of Washington,duly commissioned and
sworn,Personally appeared = 9< . _— to me known to be the
individual described in and who execeed the foregoing instrument,and acknowledged to me
that he/she signed and sealed this instrument as his/her free and voluntary act and deed for
the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of 20 er 5`_
otary c- � i and f��the
N P
State of ashington,residing at
h+� M �� y
�. ana:.:•'� x�`� My Commission Expires:
STATE OF WASHINGTON )
)SS
COUNTY OF KING )
Bill of Sale
Page 3 of 3
Notary Public in and for the
State of Washington, residing at
My Commission Expires:
The Bill of Sale is given and accepted pursuant to a motion duly made,seconded,and passed
by the City Council of the City of Kent, King County,Washington,on the
day of ,20
I
i
KENT
WASH IN G T O N
ADDENDUM TO 1311,1, OF SALE !
CITY OF KENT
KING COUNTY, WASHINGTON
The figures used on the Bill of Sale for EliUhland Park
project dated November 3 2005 , were
based on the "As-Built` Engineering Plans dated October 2,5 2005 , for
the same said 11i¢hland Park project
David E. Cap=ton, P.E. the
undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill
of Sale and is an employee of Core Design, Inc. , the firm
responsible for the preparation of the"As-Built" Engineering Drawings.
Signature
��..`
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tl-3• as
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1,4
COVINGTON
E 25CM 5T
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SITE
KENT KANIGL�EYI AD
Kf NT
MICIM.11ITY MAP
NOT TO SCALE
Kent City Council Meeting
Date January 3, 2006
Category Other Business
1. SUBJECT: ZONING CODE AMENDMENT, COMMERCIAL MOTOR
VEHICLES IN RESIDENTIAL ZONING DISTRICTS
' 2. SUMMARY STATEMENT: This matter is set to consider the Planning &
Economic Development Committee's recommendation to allow commercial motor
vehicles in residential zoning districts via a Special Home Occupation Permit and to
provide criteria for the approval of such permit.
' 3. EXHIBITS: Staff memo w/attachments and photos from 9/19/05 and 11/21/05
meetings
4. RECOMMENDED BY: Planning & Economic Development Committee (2-1)
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? No Revenues No
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
'' 6. CITY COUNCIL ACTZopment
Councilmein rs, Councilmember seconds
approve/deny/modify Zdment 42005-3, as recommended by the
Planning & Economic Dmittee.
' DISCUSSION:
ACTION:
' Council Agenda
Item No. 7A
' COMMUNITY DEVELOPMENT
Fred N Satterstrom, AICP, Director
Is • PLANNING SERVICES
Charlene Anderson, AICP, Manager
KEN T
WASHINGTON Phone 253-856-5454
' Fax 253-856-6454
Address 220 Fourth Avenue S
Kent,WA 98032-5895
December 27, 2005
TO: Mayor Suzette Cooke, Council President Deborah Ranniger and City
' Council Members
FROM: Charlene Anderson, Planning Manager
RE: Zoning Code Amendment #ZCA-2005-3/KIVA RPP6-2052401
' Commercial motor vehicles in residential zoning districts.
MOTION: I move to approve/deny/modify Zoning Code Amendment #2005-3, as _
recommended by the Planning & Economic Development Committee.
SUMMARY: After holding a public hearing, on November 21, 2005 the Planning &
' Economic Development Committee voted 2:1 to allow commercial motor vehicles in
residential zoning districts via a Special Home Occupation Permit and to provide criteria
for the approval of such permit.
BUDGET IMPACT: None
BACKGROUND: The Planning & Economic Development Committee considered in
' several meetings the Land Use & Planning Board's recommendation to limit the storage
and parking of commercial motor vehicles in residential zoning districts. The Committee
then held a public hearing to further consider five options regarding the proposed
amendment and on November 215f voted 2:1 to approve allowing the storage and
parking of commercial motor vehicles on residentially zoned property by means of a
' Special Home Occupation Permit. Specific code amendments would be:
New KCC15,08.040(F)(6): Parking/storage of commercial vehicles. "Commercial
motor vehicles" include: 1) vehicles used in a commercial enterprise which exceed 19
feet in length; and 2) truck tractors used in the drayage of semi-truck trailers.
New KCC 15,02,XXX. Motor vehicle means a vehicle, machine, tractor, trailer, or
semitrailer propelled or drawn by mechanical power used on highways, or any other
vehicle required to be registered under the laws of this state, but does not include a
' vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail.
CA l DHl pm 5 l Permtti Plan IZONECODEAMEND1200512052401-2005-3cc010306 doc
Enclosures PEDC Minutes of 11121105, 10117105, 9119105 and 8115105 Meetings, 11121105 Staff Memo to PEDC, LUPB Minutes of
818105 Meeting
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
NOVEMBER 219 2005
Committee Members: Chair Tim Clark, Ron Harmon, Bruce White
The meeting was called to order by Chair Clark at 4:00 P.M.
Approval of Minutes
Member White moved and Member Harmon seconded a motion to approve the minutes of
October 17, 2005. Motion Passed 3-0.
ZCA-2005-3 Commercial Motor Vehicles in Residential Zoning Districts
Planner Damien Hooper presented five options: 1) to allow commercial motor vehicles outright
' in residential zoning districts, 2) to disallow commercial vehicles in residential districts, 3) to
allow commercial motor vehicles via a Conditional Use Permit, 4) to allow commercial motor
vehicles via a Special Home Occupation Permit, 5)to deny the proposal.
Chair Clark declared the public hearing open.
' Janet Lewis, 13507 SE 250`h St., Kent, WA 98042 submitted pictures for the record of
commercial trucks located at Kent Kangley and 1161h and at 109`h and 2561h Ms. Lewis stated
that Kent needs to develop a partnership with the trucking companies for providing and
' delivering their products and services without devaluing the residential areas She stated roads
are not designed for huge vehicles being driven through these areas; Streets, sidewalks and storm
drainage areas are being damaged. She stated that King County cited $64,000 as the cost to
repair a one mile stretch of road in Kent. She stated that Kent needs to establish a place for the
truckers to park without infringing on the residential districts.
Member Harmon moved and Member White seconded a motion to accept the pictures submitted
by Ms. Lewis for the record. Motion Passed 3-0.
Dick Staples, 14629 SE 267`h St., Kent, WA submitted pictures which shows that he lives in a
neighborhood where many of the residents store boats, campers and trailers on their sites He
stated that his neighbors are not opposed to his truck in the neighborhood and questioned how his
truck differs from the other vehicles parked in his community.
' Member Harmon moved and Member White seconded a motion to accept pictures submitted by
Dick Staples for the record. Motion Passed 3-0.
Member White Moved and Member Harmon seconded a motion to close the public hearing.
Motion Passed 3-0.
' Damien Hooper addressed questions raised by Member Harmon with respect to how Option 4
would affect Mr. Sanders and Mr Staples.
Member Harmon moved and Member Clark seconded a motion to accept Option 4 allowing the
storage and parking of commercial motor vehicles in residential zoned properties by means of a
Special Home Occupation Permit (KCC 15.08.040) and to provide critera for the approval of a
special home occupancy permit. The Hearing Examiner may also impose conditions of
approval. Motion Passed 2 to 1 with Member White Opposed.
Member Clark stated that this issue will be sent to City Council in January.
ZCA-2005-7 Shippine Containers in Residential Zoning Districts
Planner Damien Hooper presented the following four options: 1) to accept the Land Use and
Planning Board's recommendation to prohibit the storage of shipping containers in residential
' districts; 2) to prohibit shipping containers in residential districts and redefine them as cargo
containers, 3) to allow cargo containers in single family and other residential zones by applying
standards, such as restricting the containers to a maximum size of 10 x 20 feet and placing them
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES '
OCTOBER 17, 2005
Committee Members: Chair Tim Clark, Ron Harmon, Bruce White ,
The meeting was called to order by Chair Clark at 4:00 P.M. with Bruce White's absence noted.
Approval of Minutes
Member Harmon moved and Member Clark seconded a motion to approve the minutes of
September 19, 2005 with Council Member White's concurrence. Motion Passed 3-0. ,
ZCA-2005-3 Commercial Motor Vehicles in Residential Zoning Districts
Planner Damien Hooper stated that since the Committee's last meeting, staff has reviewed this ,
issue and he presented five options. He stated that any action taken on options that had not been
the subject of the Land Use and Planning Board hearings would require a new public hearing..
Chair Clark accepted public comments. '
Scott Floyd, 9645 S 232" St., Kent, WA 98031 asked that the city consider strengthening or
clarifying their permitting process to prohibit parking of shipping containers and trailers on ,
residential parcels. He referred to a 2.5 acre site in the vicinity of 2341h and 98`h, and stated they
are unsightly and a significant detriment to the neighborhoods Mr. Floyd explained why he is
opposed to the other proposed options
Ron Arntson, 24423 137'h Ave. SE, Kent, WA 98042 explained why he objects to commercial
semi-trucks and/or trailers parked in residentially zoned designated properties urging the
Committee to consider enacting an ordinance to prevent this.
Janet Lewis, 13507 SE 250'h St., Kent, WA 98042 explained why she opposes the storage, use,
parking and transfer of commercial vehicles of any length in residential areas, respectively '
requesting that the Council consider prohibiting commercial vehicles in residential districts.
Dick Staples, 14629 SE 267'h, Kent, WA explained why he would support allowing most ,
independent truck owners to park their vehicles on residential sites, citing his personal
experience.
Judy Hanford, 24736 136'h Ave. SE, Kent, WA 98042 updated the Committee since her ,
testimony at last month's meeting. She explained why she is opposed to allowing commercial
vehicles in residential areas.
Jerry Sanders,23102 112'h PI SE, Kent,WA 98031 reiterated his stance in support of allowing
smaller trucks to be parked on residential property, citing personal reasons. '
Brian Swanberg, Code Enforcement Officer for the City of Kent described for the
Committee the type of complaints the city has received, which typically did not include the type
of truck described by the previous speaker. He stated that complaints received by the city mainly ,
focused on issues with the trailer portion of the tractor-trailer ng, tractor and cargo containers.
Mr. Swanberg stated that although there have been some safety issues, most of the complaints
have dealt with unsightly appearance factors.
Mr. Swanberg addressed questions raised by the Committee members with respect to what type
of commercial vehicles people are opposed to having in their residential communities He stated ,
that the Committee might consider defining vehicles of a recreational nature versus the large
commercial rigs permanently parked in residential areas, with discussion ensuing on those
variables. '
Planning Manager Charlene Anderson explained how the conditional use permit and home
occupation permit processes are used. Chair Clark continued this item to the next meeting. '
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
' SEPTEMBER 195 2005
Committee Members: Chair Tim Clark, Ron Harmon, Bruce White
The meeting was called to order by Chair Clark at 4:00 P.M.
Approval of Minutes
Member White moved and Member Harmon seconded a motion to approve the minutes of
August 15, 2005. Motion Passed 3-0.
ZCA-2005-3 Commercial Motor Vehicles in Residential Zoning Districts
Planner Damien Hooper stated that this amendment was heard before the Land Use and Planning
Board then sent to Committee August 15`h and forwarded on to City Council on September 6
where it was remanded to Committee. He stated that staff has since reviewed what surrounding
jurisdictions have done with commercial vehicles in their residential zones. Mr. Hooper stated
the staff report includes copies of code sections from Auburn, Bellevue, Puyallup, Redmond,
Renton, Sumner,Tacoma, Tukwila, Tumwater and Woodinville.
Mr. Hooper stated that of those ten jurisdictions, only three jurisdictions allow commercial
vehicles to be parked or stored on private property, with two of the jurisdictions specifically
excluding semi-trucks and trailers, but allowing other types of commercial vehicles. He stated
that Tukwila would allow a semi-tractor to be parked on a residential property.
Chair Clark clanfied the nature of the proposal then accepted public testimony.
Jerry Sanders, 23102 1121h Place SE, Kent, WA stated that his livelihood depends on the use
' of a truck and spoke in support of the independent truck driver's right to park their trucks on
their residential sites. He addressed his views associated with cost and the inconvenience for off-
site parking, quality of life and view restrictions. In response to Councilmember Harmon, Mr.
' Sanders stated he would be supportive if vehicles under 18,000 pounds were exempted from the
restriction.
Dick Staples, 14629 SE 267`h Street, Kent, WA stated that he hauls freight and spoke in
support of the independent truck driver to park their trucks on residential sites, addressing cost
impacts associated with off-site parking, the potential for vandalism and view obstruction. He
stated that he has parked his 22/23 foot long trailer weighing approximately 16,000 pounds on
' his residential site for nine years without complaints from his neighbors noting that other
neighbors park motor homes or fifth-wheel trailers on their property that range in length from 35
to 40 feet in length. In response to Chair Clark, Mr Staples stated he has a large lot
Judy Hanford, 24736 136`h Ave SE, Kent, WA stated that she objects to the commercial trucks
and trailers parked (typically on nght-of-ways) along major roadways and on a church lot,
' throughout Kent, endangering pedestrians and obstructing vehicular views. She urged the
Committee to consider enacting a law to stop this type of parking. Ms. Hanford submitted
pictures indicating various locations where these trucks are parking. Addressing questions from
Councilmembers Harmon and White, Ms. Hanford stated about 90% of the vehicles are on right-
of-way and 10%on private property The Committee Members clarified which pictures were of
sites in Kent and which were in unincorporated King County.
Tom Sharp, 24254 143 d Ave. SE, Kent, WA spoke in opposition to commercial vehicles
parked in residential zoning districts citing property rights and zoning compliance issues He
indicated through pictures submitted for the record, several locations throughout Kent where
semi trucks and/or trailers are parked in residential zoning districts. He urged the Committee to
consider enacting an ordinance to support the City's code compliance people. In response to
Councilmember White, Mr. Sharp stated these vehicles are commercial in nature and are not
meant for residential zones.
Ralph Linderman, 14029 SE 194" St., Renton, WA spoke in opposition to commercial
' vehicles parked along roadways or in residential districts, encouraging the city to implement
regulations enforcing compliance in Kent. He voiced concern for the safety of children.
Damien Hooper defined recreational vehicles as indicated in the City's zoning code, with ,
Planning Manager Charlene Anderson clarifying some issues within the code. Mr. Hooper ,
concurred with Chair Clark's supposition that recreational vehicles are to be screened from view.
In response to Chair Clark's request, Ms Anderson stated that staff would find out what
restrictions the county places in urbanized areas on arterials Chair Clark requested staff alert the
County on trucks parked on right-of-way. He also asked staff to keep track of the number of
complaints.
Mr. Hooper stated that the Police Department enforces the City's traffic code which currently
prohibits the parking of commercial vehicles on a public right-of-way.
Member Hannon moved and Member White seconded a motion to accept the pictures submitted
by Judy Hanford and Tom Sharp for the record. Motion passed 3-0. ,
Chair Clark stated that he would like to see a definition in place to distinguish between the types
of commercial trucks allowed in residential districts He stated that he also is concerned aobut
the noise impact as trucks are warmed up Member Harmon stated that staff needs to address on-
street parking, address parking of commercial vehicles on property on 132"d possibly by meeting
with that group to educate them of the City's rules and regulations, and additionally suggesting ,
that staff consider employing the use of conditional use permits through the Hearing Examiner
process for those who want to park commercial vehicles on their property
Member White asked staff to provide statistics with regard to the number and nature of '
complaints received by the City with respect to single owner operators parking their commercial
vehicles in residential neighborhoods, stating that he would like a determination as to whether it
is the actual parking of the commercial vehicle or how that vehicle is stored in residential '
neighborhoods that is creating problems.
After the Committee deliberated, Ms. Anderson addressed questions raised by Chair Clark and '
Member Harmon with respect to establishing applicable criteria for a conditional use permit as
well as reviewing the City's home occupation license as a possible way to execute solutions for
commercial vehicles parked in residential zoning districts. Chair Clark asked that this
amendment be brought back to Committee after staff has reviewed further options.
ZCA-2005-7 Shippine Containers in Residential Zoning Districts
Jerry Sanders, 23102 112'h Place SE, Kent, WA stated that the nature of his work requires the ,
use of thirty-yard containers stored on the sites of homes he is renovating. He stated that it is not
possible to complete a renovation within the 72 hour limitation as set forth in Kent's ordinance.
Member Harmon stated that an active construction permit would allow for the temporary
container to remain on site for the duration of the project. Mr. Hooper concurred
Chair Clark asked that staff bring this item back to the Committee with a report that shows the
locations where shipping containers are stored in residential zoning districts. Councilmember '
White would like a report of number and nature of complaints.
Growth Management Hrgs Board Decision on Recent Urban Density Case—City of Bothell ,
Assistant City Attorney, Kim Adams Pratt submitted a letter for the record summarizing the
Board's decision with regard to the City of Bothell; listing the six questions the Growth
Management Hearings Board (GMHB) stated they will look at when they review urban density
issues. Ms. Pratt explained why the GMHB found Bothell to be in compliance with the Growth
Management Act with regard to their urban densities. Chair Clark asked Ms Pratt to please
review the City's position on a proposal before the Suburban Cities Association concerning the
urban density issue.
Adiournment
Chair Clark adjourned the meeting at 5.15 p.m '
Pamela Mottram,
Admin Secretary, Planning Services
S 1Perm&PlnnMammngCommaleel2005Winutes1081505mm doc '
P&EDC Meeting Minutes—9/19/05
Nap 7 of 7
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
AUGUST 15, 2005
' Committee Members: Chair Tim Clark, Ron Harmon, Bruce White
' The meeting was called to order by Chair Clark at 4 00 P.M.
Approval of Minutes
Member White moved and Member Harmon seconded a motion to approve the minutes of
June 20, 2005. Motion Passed 3-0.
ZCA-2005-6 Townhouse Ownership Options in MR-T Zoning Districts
Planning Manager Charlene Anderson gave a brief synopsis on this proposal, indicating that the
Land Use and Planning Board recommended approval of this amendment. Community
Development Director Fred Satterstrom stated that this amendment helps to create a mechanism
to ensure ownership more than the condominium actually does.
After deliberations with staff, Member Harmon moved to recommend approval of ZCA-2005-6
amending Chapter 15 of the Kent City Code to provide for ownership options in the MR-T
Multifamily Residential Townhouse District as recommended by the Land Use and Planning
Board. Member White seconded the motion Motion Passed 3-0.
' ZCA-2005-4 Multifamily Dwelline Units in MR-T Zones in Downtown Districts
Ms. Anderson stated that this amendment provides for stacked dwelling units in addition to
townhouses in the MR-T zones in downtown. This is more reflective of the City's goals to
increase residential density in downtown. She stated that the Land Use and Planning Board
recommend approval.
Member White moved to recommend approval of ZCA-2005-4 amending Chapter 15 of the Kent
' City Code to allow multifamily dwelling units in the MR-T Multifamily Residential Townhouse
districts located in downtown districts as recommended by the Land Use and Planning Board.
Member Harmon seconded the motion. Motion Passed 3-0
' ZCA-2005-5 Processine of Applications for Rezone
Ms. Anderson stated Kent's Hearing Examiner proposed this amendment to clarify that rezones
1 could be processed separately or simultaneously with other types of land use applications such as
a plat.
Member Harmon moved to recommend approval of ZCA-2005-5 amending Chapter 12 of the
Kent City Code regarding the processing of applications for a rezone as recommended by the
Land Use and Planning Board. Member White seconded the motion. Motion Passed 3-0.
ZCA-2005-3 Commercial Motor Vehicles in Residential Zonine Districts
Ms. Anderson stated that this proposed amendment is intended to clarify an existing code, and is
a recommendation to limit the storage and parking of commercial motor vehicles in residential
zoning districts including single family and multifamily zones. Ms. Anderson stated that the
police department regulates on-street parking of these types of vehicles, but this issue relates to
semi-truck and trailers, and tractors parked on private residential property. She stated that the
Land Use and Planning Board recommended approval by a 5-1 vote.
Community Development Director Fred Satterstrom explained why he and the City's Code
Enforcement Officer Brian Swanberg believes this issue to have become problematic in the
recent past, citing visibility, public safety and noise issues. Member White requested additional
information on the number and location of complaints.
' After deliberations, Member Harmon moved to recommend approval of ZCA-2005-3 amending
Chapter 15 of the Kent City Code to limit storage and parking of commercial motor vehicles in
residential zoning districts as recommended by the Land Use and Planning Board. Chair Clark
seconded the motion. Motion Passed 2-1 with Member White opposed.
COMMUNITY DEVELOPMENT ,
Fred N. Satterstrom,AICP, Director
\IZ
• PLANNING SERVICES
KEN T Charlene Anderson,AICP,Manager
WASHINGTON
Phone 253-856-5454
Fax 253-856-6454 ,
Address 220 Fourth Avenue S
Kent,WA 98032-5895
November 21, 2005 ,
TO: Chair Tim Clark and Planning & Economic Development Committee Members
FROM: Damien Hooper, Planner
RE- Zoning Code Amendment #ZCA-2005-3/KIVA RPP6-2052401
Commercial motor vehicles in residential zoning districts.
MOTION: I move to approve/deny/modify Zoning Code Amendment #2005-3, as ,
recommended by the Land Use & Planning Board.
SUMMARY: On September 19 and October 17, 2005 the Planning& Economic Development '
Committee reconsidered the Land Use & Planning Board's recommendation to amend Kent City
Code to limit the storage and parking of commercial motor vehicles in residential zoning
districts. At the October 17 meeting, staff had presented five permitting options for the
committee's consideration. These options are being considered at a public hearing before the
committee on November 21.
BUDGET IMPACT: None
BACKGROUND: On August 15, 2005 the Planning & Economic Development Committee I
voted 2:1 to approve the Land Use & Planning Board's recommendation to prohibit the parking
of commercial motor vehicles on residentially-zoned properties, with specific exceptions. The ,
committee asked staff to provide additional information on the number and nature of complaints
the City has received regarding this issue. At their October 17 meeting, the committee
additionally asked staff to research locations where commercial motor vehicles may be parked If ,
they are not allowed in residential zoning districts. Code Enforcement Officer Brian Swanberg
stated that complaints received by the city mainly focused on issues with the trailer portion of the
tractor-trailer rig, but also were about the tractor portion. He added that some complaints were
about safety issues, but that most of the complaints dealt with unsightly appearance.
Staff contacted the State Department of Transportation and the national Warehouse/Distribution
Association regarding potential parking/storage areas for commercial motor vehicles. The State
of Washington is interested to working with the City of Kent to facilitate development of a truck
stop. The Warehouse/Distribution Association did not respond to the telephone call.
Staff is bringing forward to the Committee five options relating to commercial vehicles in
residential zones. Any combination of the options may also be considered.
Option I: Allow commercial motor vehicles outright on private property in residential zones,
either in whole (tractor & trailer) or in part(tractor only or trailer only).
15.04.020. Add a note to the category "Accessory uses..." for SR-1, SR-3, SR-4.5, SR-6, SR-8,
MR-D, MR-T12, MR-T16, MR-G, MR-M and MR-H: "One commercial motor vehicle is
allowed to be parked on site at any one time. `Commercial motor vehicles' include: 1) vehicles
used in a commercial enterprise which exceed 19 feet in length; and 2) truck tractors used in the
drayage of semi-truck trailers. The vehicle shall be parked on the residential driveway without
overhanging sidewalk or street, or shall be parked to the side or rear of the residential structure,
without encroaching onto the side and rear yard setbacks of the zoning district. Relevant
development standards shall apply."
1 New KCC 15.02.XXX: Motor vehicle means a vehicle, machine, tractor, trailer, or semitrailer
propelled or drawn by mechanical power used on highways, or any other vehicle required to be
registered under the laws of this state, but does not include a vehicle, machine, tractor, trailer, or
' semitrailer operated exclusively on a rail.
Option 2: Disallow storage and parking of commercial vehicles in residential zones, as
' recommended by the Land Use &Planning Board:
New KCC 15.08.085: Parking or storage of commercial motor vehicles. Commercial motor
vehicles are not permitted to be parked on residentially-zoned property unless actively loading or
unloading goods or unless approved through a Home Occupation permit or other land use permit.
"Commercial motor vehicles" include: 1) vehicles used in a commercial enterprise which exceed
19 feet in length, and 2)truck tractors used in the drayage of semi-truck trailers.
New KCC 15 02.XXX: Motor vehicle means a vehicle, machine, tractor, trailer, or semitrailer
1 propelled or drawn by mechanical power used on highways, or any other vehicle required to be
registered under the laws of this state, but does not include a vehicle, machine, tractor, trailer, or
semitrailer operated exclusively on a rail
Option 3: Allow the storage and parking of commercial vehicles on residentially zoned
property by means of conditional use permit. Conditional uses are permitted outright In a given
zoning district provided they can meet the criteria for approval established in KCC 15.09.030(D)
In the case of Conditional Uses, the Hearing Examiner is obligated to grant approval of the
' request provided the applicant has demonstrated that the approval criteria have been satisfied.
15.04.020: Add a "C" with a note to the category "Accessory uses..." for SR-1, SR-3, SR-4.5,
' SR-6, SR-8, MR-D, MR-T12, MR-T16, MR-G, MR-M and MR-H: On-site parking of a
commercial motor vehicle may be allowed via Conditional Use Permit. "Commercial motor
vehicles" include: 1) vehicles used in a commercial enterprise which exceed 19 feet in length,
and 2) truck tractors used in the drayage of semi-truck trailers.
New KCC 15.02,U'LY: Motor vehicle means a vehicle, machine, tractor, trailer, or semitrailer
propelled or drawn by mechanical power used on highways, or any other vehicle required to be
registered under the laws of this state, but does not include a vehicle, machine, tractor, trailer, or
semitrailer operated exclusively on a rail.
Planning&Economic Development Committee
November21,2005
Page 2 of 3
An application for a Conditional Use Permit is a Process III application which requires public '
notice pursuant to KCC 12.01. The hearing examiner then conducts an open record public ,
hearing prior to issuing a decision on the application.
Option 4: Allow the storage and parking of commercial vehicles on residentially zoned
property by means of a Special Home Occupation Permit. KCC 15.08 040(F)(2) provides
criteria for approval of a Special Home Occupation Permit. The Hearing Examiner also may
impose conditions of approval. '
New KCC 15.08.040(F)(6): Parking/storage of commercial vehicles. "Commercial motor
vehicles" include: 1) vehicles used in a commercial enterprise which exceed 19 feet in length; ,
and 2) truck tractors used in the drayage of semi-truck trailers.
New KCC 15.02.XXX: Motor vehicle means a vehicle, machine, tractor, trailer, or semitrailer
propelled or drawn by mechanical power used on highways, or any other vehicle required to be
registered under the laws of this state, but does not include a vehicle, machine, tractor, trailer, or
semitrailer operated exclusively on a rail ,
An application for a Special Home Occupation Permit is a Process III application which requires
public notice pursuant to KCC 12.01 The Hearing Examiner then conducts an open record
public hearing prior to issuing a decision on the application.
There are currently 5 home occupations that require this form of review by the Hearing ,
Examiner as established In KCC 15.08.040(F). These include music lessons, dance lessons, art
lessons, academic tutoring, and automobile detailing. If this option is preferred a category for
home occupations requiring use of commercial vehicle would be added to this list. ,
The Special Home Occupation is similar to the Conditional Use option in that It requires review
and approval by the Hearing Examiner. However, because the use would not be an outright
permitted use in the zone, the City and/or Hearing Examiner would be able to consider the nature
and conditions of all adjacent uses and structures in the decision. A special home occupation ,
permit may be granted only if the Hearing Examiner finds that the permit will not be materially
detrimental to the public welfare or injurious to the property in the zone or vicinity in which the
property is located, and that the issuance of such special home occupation permit will be ,
consistent with the spirit and purpose of the code provision. Also, the Hearing Examiner may
impose conditions as necessary to protect other properties in the zone or vicinity.
Option 5: Deny the proposed amendment. Staff would then work with existing code language. '
CAIDHlpm S IPernutlPlanIZONECODEAMEND11 005 110 5 2 4 01-10 05 0 3pedc112105stfrpt doc ,
Enc Minutes oj8/l5/O5,9/J 9/05 and 10/l7105 PEDC aieenngs, Minutes of 8/8105 LUPB meeting
cc Fred N Satterslrom,AICP,CD Director
Charlene Anderson,AICP,Planning Mgr
Kim Marousek,Principal Planner
Damien Hooper,Planner
Project File
Parties of Record
Planning&Economic Development Committee ,
November 21,2005
Page 3 of 3
LAND USE& PLANNING BOARD MINUTES
AUGUST 8, 2005
BOARD MEMBERS PRESENT: Chair Jon Johnson, Steve Dowell, David Malik, Dana Ralph,
Elizabeth Watson, Kenneth Wendling,
BOARD MEMBERS ABSENT: Tim Giminez, Excused
STAFF MEMBERS: Charlene Anderson, Tom Brubaker, Chris Holden
The meeting was called to order by Chair Johnson at 7.00 p.m. City Council Chambers.
' Approval of Minutes
David Malik moved and Elizabeth Watson seconded a motion to approve the minutes of April 25, 2005.
1 Motion Carried Unanimously.
Added Items/Communications/Notice of Upcomine Meetings
Planning Manager Charlene Anderson stated that these issues will likely move forward to the August 15
Planning and Economic Development Committee meeting. If approved by Committee these issues will
move on to City Council on September 6.
ZCA-2005-3 Commercial Motor Vehicles in Residential Zonine Districts
Planner Damien Hooper stated that this proposed amendment would limit the storage and parking of
1 commercial vehicles in residential districts on residentially zoned property. He stated that this
amendment was prompted by numerous complaints received by the city related to parking of
commercial vehicles in residential neighborhoods. Mr. Hooper stated that commercial motor vehicles
present an incompatibility with residential uses related to noise, visual blight and safety issues.
Mr. Hooper cited the textual changes within KCC Section 15.08.085 as recommended by staff.
After deliberations, Chair Johnson declared the public hearing open. Seeing no speakers, Steve Dowell
moved and David Malik seconded a motion to close the public hearing. Motion Carried.
David Malik moved and Steve Dowell seconded a motion to approve "ZCA-2005-3 Commercial Motor
Vehicles in Residential Zoning Districts" as recommended by staff to include replacing the language
14tively delive^n^" with "unless actively loading or unloading" Motion Carried S to I with Dana
Ralph opposed.
ZCA-2005-4 Multifamily Dwelline Units in MR-T Zones in Downtown Districts
Planning Manager Charlene Anderson stated that staff has revised phrasing for this amendment based on
additional review. She stated that this amendment attempts to encourage more dwelling units in
Downtown's MR-T zoning districts and provide for other ownership options. Ms. Anderson stated that
staff proposes that multifamily dwellings with ownership interest be allowed in the MR-T zone located
within the downtown districts.
Chair Johnson declared the public hearing open. Seeing no speakers, Steve Dowell moved and David
Malik seconded a motion to close the public heanng. Motion Carried.
David Malik moved and Elizabeth Watson seconded a motion to approve ZCA-2005-4 Multifamily
Dwelling Units in MR-T Zones in Downtown Districts as recommended by staff Motion Carried
Unanimously.
Land Use and Planning Board
Minutes August S,2005
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Kent City Council Meeting
Date January 3, 2006
Category Other Business
1. SUBJECT: SMITH COURT HOMES REZONE (QUASI-JUDICIAL)
2. SUMMARY STATEMENT: This request by Wayne Jones, Lakeridge
Development, Inc., is to rezone 2.5 acres of property from GC (General Commercial),
to MR-M (Medium Density Multifamily). The property is located on the west side of
64Th Avenue South just north of West Smith Street The Kent Hearing Examiner held a
Public Hearing on November 16, 2005, and issued Findings, Conclusions, and a
Recommendation for approval on November 23, 2005.
3. EXHIBITS: Staff report with map; Hearing Examiner Findings, Conclusions and
Recommendation
4. RECOMMENDED BY: Hearing Examiner
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? No Revenue? No
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember Le0"OK moves, Councilmember seconds
to accept/r*jeGgffw44� the Findings, Conclusions and Recommendation of the Hearing
Examiner on the Smith Court Homes Rezone and to direct the City Attorney to prepare
the necessary ordinance.
DISCUSSION:
l ACTION:
Council Agenda
Item No 7B
COMMUNITY DEVELOPMENT
Fred N Satterstrom, Director
PLANNING SERVICES
Charlene Anderson,AICP, Manager
KEN T Phone 253-856-5454
w As HiH croN 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
NOVEMBER 16, 2005
FILE NO- Smith Court Homes Rezone
#RZ-2005-6 KIVA#2051885
APPLICANT' Wayne Jones
Lakerldge Development Inc.
PO Box 146
Renton, WA 98057
REQUEST A request to rezone 2 5 acres of property from GC,
General Commercial to MR-M, Medium Density
Multifamily
STAFF
REPRESENTATIVE. Lydia Moorehead, Planner
STAFF
RECOMMENDATION: APPROVAL
I. GENERAL INFORMATION
A. Description of the Proposal
The applicant proposes to rezone a 2 5 acre site from GC, General Commercial
to MR-M, Medium Density Multifamily The comprehensive plan designation for
the site is MDMF, Medium Density Multifamily The applicant has submitted
preliminary plans for a detached condominium development on the site The
rezone request and proposed condominium development were reviewed under
one SEPA application (ENV 2005-35).
B Location
The property is located on the west side of 64th Avenue South just north of West
Smith Street and is identified by King County tax parcel number#2322049055
Staff Report
Smith Court Homes Rezone
#RZ-2005-6 KIVA#2051885
C Size of Propertv
The property consists of a 2 5 acre parcel
D. Zoning
The property is zoned GC, General Commercial Properties to the north, east,
and west are zoned MR-M Medium Density Multifamily and are currently
developed with apartments Property to the south is zoned MHP, Mobile Home
Park and is developed with a mobile home park.
E Land Use
The 2 5 acre site is currently vacant and designated MDMF, Medium Density
Multifamily in the City's Comprehensive Plan The applicant has submitted
preliminary plans for a 28 unit detached condominium project which was
reviewed with the rezone request under one SEPA application (ENV 2005-35)
Pending a favorable outcome of the rezone request, the applicant will proceed
with development applications for the condominium development.
F History r
The property was annexed to the City of Kent on November 17, 1958 under
Ordinance Number 984
Il. ENVIRONMENTAL CONSIDERATIONS ,
A. Environmental Assessment
A Mitigated Determination of Nonsignificance (#ENV-2005-35) for the rezone and
a proposed detached condominium project was issued on October 18, 2004
The environmental review resulted in one mitigation condition for traffic impacts
associated with the condominium protect proposal
B Significant Physical Features
Topography, Wetlands and Vegetation '
No sensitive areas have been identified on the site and the site is not located '
within a 100-year flood plain The site is described as flat with isolated slopes of
13 percent in the northeast corner of the site The proposed project is located in
the Green River watershed Existing vegetation consists of Alder, Willow and
Cottonwood trees, blackberries, shrubs, and grass
Page 2 of 8
Staff Report
Smith Court Homes Rezone
#RZ-2005-6 KIVA#2051885
C. Si4nificant Social Features
1. Street System
The subject property has frontage on 641h Avenue South The rezone
application will not create any transportation impacts at this time, however
the proposed condominium project will create traffic impacts that require
mitigation as identified in the MDNS for this project (ENV 2005-35)
2 Water System
The site will receive water service from the City of Kent.
3. Sanitary Sewer System
The site will receive sanitary sewer service from the City of Kent
4. Stormwater System
A stormwater system will be necessary to accommodate any subsequent
development The developer will be required to complete a drainage
analysis and develop and submit drainage plans prepared in accordance
with the 2002 City of Kent Surface Water Design Manual and the 1998
King County Surface Water Design Manual
D CONSISTENCY ANALYSIS
The proposed rezone is consistent with the goals and policies of the City of Kent
Comprehensive Plan
III. CONSULTED DEPARTMENTS AND AGENCIES
1 The following departments and agencies were advised of this application-
Police Department Economic Develop. Manager
1 Director of Public Works Fire Chief
Parks & Recreation Director City Clerk
City Attorney Kent School District
L U S Postmaster WA Dept of Ecology
K. C. Wastewater Treatment King Co. Transit Division
Puget Sound Energy King Co. Environmental Health
Qwest WA. State Dept. of Fish & Wildlife
In addition to the above, all persons owning property which lies within 300 feet of the site
were notified of the public hearing. A Notice of Application was posted on the site and
published in the King County Journal on July 12, 2005 No comments have been
received for this application
' Page 3 of 8
Staff Report
Smith Court Homes Rezone
#RZ-2005-6 KIVA#2051885
IV. PLANNING SERVICES REVIEW
A. Comprehensive Plan
In 2004 the Kent City Council adopted an update to the Kent Comprehensive
Plan which represented revisions to demographics, housing and employment
forecasts, and relevant goals and policies affected by the referenced inclusion of
pertinent local and regional policy documents As with the 1995 plan, the 2004
update was prepared under the provision 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 the
city departments to guide decisions on amendments to the City's zoning code
and other developed regulations, which must be consistent with the plan, as well
as guide decision making about the funding and location of the capital
improvement projects.
LAND USE ELEMENT
The Land Use Element of the plan contains a Land Use Plan Map, which r
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 Medium Density Multifamily, which allows up to 23 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's residents
Goal LU-9 Provide adequate land and densities to accommodate the adopted
20 year housing target of 4,284 new dwelling units within the existing city limits,
and through an interlocal agreement with King County, adopt the housing target
of 619 new dwelling units within Kent's Potential Annexation Area.
Policy LU-9.1- Where appropriate, establish urban residential densities of at
least four (4) units per net developable acre in order to adequately support urban
densities
Policy LU-9 4. Locate housing opportunities with a variety of densities within
close proximity to employment, shopping, transit, and where possible, near
human and community services
Page 4 of 8
Staff Report
Smith Court Homes Rezone
#RZ-2005-6 KIVA#2051885
Goal LU-10 Provide opportunities for a variety of housing types, options, and
densities throughout the City and the Potential Annexation Area to meet the
housing needs of the region's changing demographics
Policy LU-10 4 Allow single family housing on a variety of lot sizes Locate
smaller lot sizes within close proximity to the Urban Center or Activity Centers
wherever possible
Planning Services Comment:
The goals and policies of the land use element support the proposed rezone The
proposed location is easily served by existing urban services and is in convenient
proximity to urban services along Meeker Street and Washington Avenue North
Also, the proposed rezone is consistent with the Land Use Plan Map If the
proposed rezone is approved, the applicant intends to develop the site with
detached condominiums providing additional housing options and home
ownership opportunities within the City of Kent
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-2• Promote the organization an enhancement of neighborhoods, and
provide the opportunity for comfortable and well maintained housing for all
citizens
Policy H-2 2• Support housing with appropriate amenities for individuals, families
and children
Policy H-2 3 Provide an appropriate mix of housing styles and choices, allowing
for different types of housing from neighborhood to neighborhood.
Goal H-5 Increase housing opportunities through a diversity of housing types
and the innovative use of residential and commercial land
Policy H-5 1 Expand the range of affordable housing choice available to meet
the needs of both current Kent residents and residents projected in growth
estimates
Policy H-5 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, and small lot sizes
Page 5 of 8
Staff Report
Smith Court Homes Rezone
#RZ-2005-6 KIVA #2051885
Policy H-5 3 Promote diversity of housing types affordable to a range of income
levels and cultural/ethnic diversity
Goal H-7: Encourage flexibility and innovative site and budding design for a
variety of housing developments to expand home ownership
Policy H-7 5 Revise zoning and development standards to provide options that
increase the supply of affordable home ownership opportunities, such as small
lot sizes, zero lot lines, manufactured housing, townhouses, condominiums,
clustering, cottage and attached single family housing
Planning Services Comment
The proposed rezone is supported by relevant goals and policies of the housing
element Appropriate services, including, but not limited to, fire, police, medical
services, neighborhood shopping and child care are easily accessible to
neighborhood residents upon development of the subject property
TRANSPORTATION ELEMENT ,
Goal TR-1: Coordinate land use and transportation planning to meet the ,
needs of the City and the requirements of the Growth Management Act.
Policy TR-1.2: Coordinate new commercial and residential development in Kent
with transportation projects to assure that transportation facility capacity is
sufficient to accommodate the new development, or a financial commitment is in
place to meet the adopted standard within six years, before allowing it to
proceed.
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 Land Use Plan identifies the area of the
rezone as Medium Density Multifamily The City's Public Works Department will
identify specific improvements which will be necessary along the 64th Avenue
South property frontage to serve future development of the property.
B. Standards and Criteria for Granting a Request for Rezone
The following standards and criteria (Kent Zoning Code, Section 15 09 050(C))
are used by the Hearing Examiner and City Council to evaluate a request for a
rezone Such an amendment shall only be granted if the City Council determines
that the request is consistent with these standards and criteria.
Page 6 of 8
Staff Report
Smith Court Homes Rezone
#RZ-2005-6 KIVA#2051885
1. The proposed rezone is consistent with the Comprehensive Plan.
Planning Services Comment
The Comprehensive Plan Land Use Plan Map designates the subject property as
MDMF, Medium Density Multifamily A rezone from GC to MRM is consistent
with the Multifamily Residential designation As previously mentioned, the
proposed rezone is also consistent with the applicable goals and policies of the
Comprehensive Plan
2. The proposed rezone and subsequent development of the site would
be compatible with development in the vicinity.
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
Uses adjacent to the site are predominantly multi-family residential Several
large parcels in close proximity to the north, east, and west of the subject site are
zoned MRM and are developed with large multifamily residential developments
The parcel to the south is zoned MHP, Mobile Home Park, and contains a mobile
home park with approximately 100 units Further south of the property along
West Meeker Street are commercial uses, services, and shopping
Further, as a multifamily development, design review will be required 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 integrate with neighboring uses and zones.
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
iA rezone of this property to MRM, Medium Density Multifamily will not generate
additional trips onto the existing transportation system However, the proposed
detached condominium development will create transportation impacts and add
additional trips to the local street system Upon future development of the site,
road and street frontage improvements to meet the City of Kent roadway
standards will be required as conditions of approval These improvements may
include but are not limited to curb, gutter, sidewalks, planting strips, street
lighting, paving, necessary street improvements, and public stormwater
conveyance The applicant will be required to participate in other City
transportation improvement projects by providing an environmental mitigation fee
for the impacts created by future development (ENV 2005-35)
Page 7 of 8
Staff Report
Smith Court Homes Rezone
#RZ-2005-6 KIVA#2051885
4. Circumstances have changed substantially since the establishment
of the current zoning district to warrant the proposed rezone.
Planning Services Comment
According to zoning records dating back to 1974, this site was part of a larger
parcel which included the two existing parcels to the north and was zoned General
Commercial. In 1980 the site was short platted into three parcels which included
the subject site and the two parcels to the north of the site. In 1980 the two
northern parcels were rezoned from GC to MR-M consistent with the
Comprehensive Plan Designation of MDMF, however the subject site was not
included in the rezone proposal. The adjacent northern parcels were developed
with a large apartment complex in 1989 and the subject site remained
undeveloped The site was formerly owned by Puget Sound Energy which
intended to use the site for a new electrical substation The established General
Commercial zoning of the site would have been appropriate for a utility facility
however Puget Sound Energy determined that the substation was not necessary
and therefore sold the property. In addition, the Growth Management Act states
that the City's development regulations must implement and be consistent with
the Comprehensive Plan The zoning of the site is currently not consistent with
the Comprehensive Plan and the rezone request from GC to MRM would remedy
the inconsistency.
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 be required to meet applicable codes
and regulations, including mitigation of anticipated environmental impacts
Therefore, the rezone proposal will not adversely affect the health, safety and
general welfare of the citizens of the City of Kent
V. CITY STAFF RECOMMENDATION
Upon review of the merits of this request and the Code criteria for granting a rezone, the
City staff recommends APPROVAL without conditions of the Smith Court Homes
rezone
KENT PLANNING SERVICES
November 16, 2004
LM ch S\Permit\Plan\rezone\2005\2051885-2005-6report doc
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OFFICE OF THE LAND USE HEARING EXAMINER
Theodore P Hunter
Hearing Examiner
FINDINGS, CONCLUSIONS, AND RECOMMENDATION
FILE NO Smith Court Homes
#RZ-2005-6 KIVA# 2051885
APPLICANT: Wayne Jones
Lakeridge Development Inc.
REQUEST• A request to rezone 2.5 acres of property from GC,
General Commercial to MR-M, Medium Density
1 Multifamily.
LOCATION The property is located on the west side of 641h Avenue
South just north of West Smith Street.
APPLICATION FILED- June 1, 2005
DETERMINATION OF
NONSIGNIFICANCE ISSUED. October 18, 2005
MEETING DATE November 16, 2005
RECOMMENDATION ISSUED- November 23, 2005
RECOMMENDATION APPROVE
STAFF REPRESENTATIVE: Lydia Moorehead, Planning Services
PUBLIC TESTIMONY- Dave Casey, for the Applicant
Paul Morford, Property Owner
EXHIBITS. 1. Staff report dated November 16, 2005 with the following
attachments
A Rezone Application
B Correspondence
C. City Department Routing and Responses
D Public Notice Documents, including affidavits,
mailing list and publication correspondence
E Notice of Application / Completeness Documents,
including affidavits, distribution list and publication
correspondence
F. Mitigated Determination of Non-Significance
G Aerial Site Photo
Findings, Conclusions and Recommendation
Hearing Examiner for the City of Kent
Smith Court Homes Rezone
#RZ-2005-6 (2051885)
Page 1 of 8
Upon consideration of the testimony and exhibits admitted at the open record hearing,
the Hearings Examiner enters the following Findings, Conclusions, and
Recommendation-
FINDINGS
1. The Applicant requests a zoning map amendment to rezone 2 5 acres of property
from GC, General Commercial to MR-M, Medium Density Multifamily The 2 5-
acre subject property is located on the west side of 64th Avenue South, north of
West Smith Street and is identified as King County Tax Parcel number
2322049055 Exhibit 1, Staff Report, page 1; Exhibit 1, Attachment A,
Application
2. The procedure established in the Kent City Code for rezone approval requires
the Hearing Examiner to make a recommendation for or against the rezone to the
Kent City Council, which makes the final zoning map amendment decision The
Applicant submitted plans for a 28-unit condominium development on the site
along with the request for a rezone. The proposed residential development was
reviewed together with the request for rezone in the City's environmental review,
but this recommendation focuses only on the request for a rezone Exhibit 1,
Staff Report, page 1; Exhibit 1, Attachment A, Application; Exhibit 1, Attachment
F, MDNS.
3. The subject property was annexed to the City of Kent in November 1958 under ,
Ordinance No. 984. In the 1970s, the site was part of a larger parcel with a GC
zoning designation In 1980, the larger parcel was short platted into three
smaller parcels, one of which is the subject property The two other smaller
parcels, located to the north, were rezoned from GC to MR-M, consistent with the
Comprehensive Plan Designation of MDMF, however the subject site was not
included in that rezone proposal In 1989, the northern parcels were developed
with a large apartment complex while the subject property remained vacant The
site was owned by Puget Sound Energy, which intended to develop the property
with a new electrical substation but eventually sold the property before
developing it. Exhibit 1, Staff Report, pages 2, 8; Testimony of Ms. Moorehead
4. The site, which remains vacant, is generally flat with slopes of up to 13% in its
northeast corner. It is vegetated with alder, willow, and cottonwood trees,
shrubs, grasses, and blackberry. No sensitive areas or associated buffers have
been identified on-site. The property is not within a 100-year floodplam.
Exhibit 1, Staff Report, page 2
5. The site has a zoning designation of General Commercial (GC) Surrounding
properties to the north, east, and west are zoned Medium Density Multifamily
(MRM) and are primarily developed with apartments. A mobile home park is
Findings, Conclusions and Recommendation
Heanng Examiner for the City of Kent
Smith Court Homes Rezone
#RZ-2005-6(2051885)
Page 2 of 8
adjacent to the south on a parcel with a Mobile Home Park zoning designation.
1 P 9 9
There are parcels with a GC zoning designation southeast of the site across 64th
Avenue South Exhibit 1, Staff Report, page 2; Exhibit 1, Attachment G, Aenal
■ Site Photo
6. In 2004, the Kent City Council amended the Kent Comprehensive Plan to reflect
revisions to demographics, housing, and employment forecasts. The
Comprehensive Plan Land Use Map now designates the subject property as
Medium Density Multifamily (MDMF) Exhibit 1, Staff Report, page 2 The City of
Kent Comprehensive Plan contains the following goals and policies that are
relevant to the rezone application.
LAND USE ELEMENT
Overall Goal: Encourage a future growth and development pattern which
implements the community's vision, protects environmentally sensitive
areas, and enhances the quality of life of all of Kent's residents.
IGoal LU-9• Provide adequate land and densities to accommodate the
adopted 20 year housing target of 4,284 new dwelling units within the
existing city limits, and through an interlocal agreement with King County,
adopt the housing target of 619 new dwelling units within Kent's Potential
Annexation area
Policy LU-9 1 Where appropriate, establish urban residential densities of
at least four (4) units per net developable acre in order to adequately
support urban densities
Policy LU-9 4• Locate housing opportunities with a variety of densities
within close proximity to employment, shopping, transit, and where
possible, near human and community services
Goal LU-10: Provide opportunities for a variety of housing types,
options, and densities throughout the City and the Potential Annexation
Area to meet the housing needs of the Region's changing demographics.
Policy LU-10 4• Allow single-family housing on a variety of lot sizes.
Locate smaller lot sizes within close proximity to the Urban Center or
Activity Centers wherever possible
HOUSING ELEMENT
Overall Goal Ensure opportunities for affordable housing and an
appropriate living environment for Kent citizens
Findings, Conclusions and Recommendation
Hearing Examiner for the City of Kent
Smith Court Homes Rezone
#RZ-2005-6 (2051885)
Page 3 of 8
i
Goal H-2• Promote the organization an enhancement of neighborhoods,
and provide the opportunity for comfortable and well maintained housing
for all citizens
Policy H-2 2 Support housing with appropriate amenities for individuals,
families and children.
Policy H-2 3• Provide an appropriate mix of housing styles and choices,
allowing for different types of housing from neighborhood to
neighborhood.
Goal H-5• Increase housing opportunities through a diversity of housing
types and the innovative use of residential and commercial land
Policy H-5 1 Expand the range of affordable housing choice available to
meet the needs of both current Kent residents and residents projected in
growth estimates
Policy H-5 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, and small lot
sizes
Policy H-5 3• Promote diversity of housing types affordable to a range of
income levels and cultural/ethnic diversity
Goal H-7• Encourage flexibility and innovative site and building design for
a variety of housing developments to expand home ownership
Policy H-7 5• Revise zoning and development standards to provide
options that increase the supply of affordable home ownership
opportunities, such as small lot sizes, zero lot lines, manufactured
housing, townhouses, condominiums, clustering, cottage and attached
single family housing
TRANSPORTATION ELEMENT
Goal TR-1 Coordinate land use and transportation planning to meet
the needs of the City and the requirements of the Growth Management
Act
Policy TR-1.2• Coordinate new commercial and residential development l
in Kent with transportation projects to assure that transportation facility
capacity is sufficient to accommodate the new development, or a financial
commitment is in place to meet the adopted standard within six years,
before allowing it to proceed
Findings, Conclusions and Recommendation
Hearing Examiner for the City of Kent
Smith Court Homes Rezone
#RZ-2005-6 (2051885)
Page 4 of 8
Policy TR-1.5: Ensure consistency between land use and transportation
plans so that land use and adjacent transportation facilities are
compatible
Exhibit 1, Staff Report, pages 4- 5; Kent Comprehensive Plan
7. The proposed rezone would be consistent with the site's designation on the Land
Use Map. The site would be served by existing urban services including fire,
police, medical services, water and sewer. The site is in close proximity to
businesses on Meeker Street and Washington Avenue North and would have
convenient access to childcare and neighborhood shopping Exhibit 1, Staff
Report, pages 3, 5, 6 There are transit bus stops on both sides of 60 Avenue
South near the intersections with W. Meeker Street and W James Street,
including routes numbers 158, 159, 162, and 166 Exhibit 1, Attachment F,
Environmental Checklist.
8. City of Kent water and sewer would be extended to the site. A stormwater
management system would be required to manage additional runoff Wenerated
by the proposed future development The site has frontage on 64t Avenue
South The rezone itself would not create any impacts on the local transportation
facilities, however, residential development will likely follow, which would impact
transportation facilities in the vicinity. Mitigation for traffic impacts would be
finally identified at the time of a development proposal. Exhibit 1, Staff Report,
page 3, 6.
9. The Growth Management Act requires the City's development regulations to
implement and be consistent with the Comprehensive Plan The current GC
zoning of the site is not consistent with the Comprehensive Plan designation of
MDMF Approval of the rezone request would resolve the inconsistency Exhibit
1, Staff Report, page 8
10. The Applicant's proposed condominium development would be required to
undergo design review prior to permit approval Through that process, the City
would review design elements of the proposal - such as building height,
setbacks, roof forms, color, and other elements - for compatibility with
surrounding existing uses and potential future development in the area This
process would ensure that any future development of the subject property would
remain compatible with the character of the area Exhibit 1, Staff Report, page 7.
The design currently under discussion between the Applicant and the City is a
detached "airspace" condominium design Such detached "airspace"
condominiums are intended for single-family ownership and occupation Unit
ownership would embrace the traditional undivided interest in common project
elements that are usually associated with condominium developments
Ownership may also include airspace and private yard areas associated with the
Findings, Conclusions and Recommendation
Hearing Examiner for the City of Kent
Smith Court Homes Rezone
#RZ-2005-6(2051885)
Page 5 of 8
overall property grounds that more closely resemble typical single-family platted
lots Implementation of this conceptual design would provide a new affordable
housing type for the City of Kent. Testimony of Mr Morford, Exhibit 1,
Attachment 8, Correspondence.
11, The City of Kent acted as lead agency for review of environmental impacts
caused by the rezone and the future development of the property with 28
detached condominiums. The City issued a Mitigated Determination of Non-
Significance (MDNS) for both requests on October 18, 2005 (#ENV-2005-35).
Conditions in the MDNS require the Applicant to submit a Traffic Impact Study or
to pay an environmental mitigation fee to address anticipated impacts from the
future residential development. No comments were submitted or appeals filed on
the MDNS prior to the comment period on November 1, 2005 and the MDNS is
final Exhibit 1, Staff Report, page 2; Exhibit 1, Attachment F, MDNS
12. Notice of the open record hearing was posted on the property, mailed to
properties within 300 feet of the site, and published in the King County Journal in
accordance with City ordinances No public comments were received on the
rezone proposal. Exhibit 1, Staff Report, page 5; Exhibit 1, Attachments C and
D.
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 32,12.01 and 15 09 of the Kent City
Code.
Criteria for Review
Section 15 09 050(C) 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:
1. The proposed rezone is consistent with the Comprehensive Plan;
2. The proposed rezone and subsequent development of the site would be
compatible with development in the vicinity;
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;
Findings, Conclusions and Recommendation
Hearing Examiner for the City of Kent
Smith Court Homes Rezone
#RZ-2005-6(2051885)
Page 6 of 8
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 of Kent.
Conclusions based on Findings:
1. The proposed rezone would be consistent with the Comprehensive Plan.
The Comprehensive Plan map designates the subject property as MDMF The
goals and policies of the Comprehensive Plan support in-fill development and
increased residential density, which may occur if the rezone is approved.
Findings Nos 3, 5, 6, and 7.
2. The proposed rezone and subsequent development of the site would be
compatible with surrounding development. Properties surrounding the
proposed rezone site have zoning designations of MRM and MHP. The rezone
would change the zoning designation to one more consistent with the zoning of
adjacent parcels. Findings Nos 5 and 9
3. The proposed rezone would not unduly burden the transportation system
in the vicinity with significant unmitigated adverse impacts. Any additional
traffic impacts resulting from development arising from the rezone would be
mitigated by through the development project application process, which would
review traffic impacts and require mitigation if necessary. Finding No. 8.
4. Circumstances have changed substantially since the establishment of the
current zoning district. Since the time of the subject property's annexation in
November 1958, the two adjacent parcels to the north were rezoned from GC to
MR-M, consistent with the Comprehensive Plan Designation of MDMF. The
subject property was not included in that rezone proposal because its owner at
the time, Puget Sound Energy, intended to develop the property with a new
electrical substation PSE determined that the substation was not required and
sold the property. Finding No. 3.
5. The proposed rezone would not adversely affect the health, safety and
general welfare of the citizens of the City of Kent. The rezone would allow
the site to be developed as multifamily residential development, in order to
provide affordable housing units for the City. Any future development of the site
would be required to undergo design review and would be subject to the City's
development regulations in effect at the time of application Thus, future
development would be compatible with the surrounding multifamily residential
development and would not create harm to the surrounding properties or the
Findings, Conclusions and Recommendation
Hearing Examiner for the City of Kent
Smith Court Homes Rezone
#RZ-2005-6(2051885)
Page 7 of 8
general public The rezone was reviewed for significant adverse environmental
impacts and an MDNS was Issued Findings Nos 2, 5, 7, 8, 10, and 11.
RECOMMENDATION
Based upon the preceding Findings and Conclusions, the Hearing Examiner
recommends that the application for a rezone of 2 5-acre on the west side of
64'h Avenue South, north of West Smith Street and identified as King County Tax Parcel
number 2322049055 from GC to MR-M be APPROVED.
DECIDED this 23rd day of November 2005.
DRISCOLL & HUNTER
Hearing Examiners for the City of Kent
By:
Theodore Paul Hunter
For Request for Reconsideration or Appeal information see Kent City Code Section 2 32.140
and 2 31 150
ch S\Permit\Plan\rezone\2005\2051885-2005-6findings doc
Findings, Conclusions and Recommendation
Hearing Examiner for the City of Kent
Smith Court Homes Rezone
#RZ-2005-6(2051885)
Page 8 of 8
Kent City Council Meeting
Date January 3, 2006
Category Bids
1. SUBJECT: KENT SENIOR CENTER UPGRADES
2. SUMMARY STATEMENT: The bid opening was held on December 1, 2005, with
five (5) bids received. The apparent low bid was submitted by Flag Construction
Company, Inc in the amount of$423,456.00 for the base bid, excluding Washington
State Sales Tax (WSST).
The Parks Director recommends awarding the bid to Flag Construction Company, Inc.
to complete the Kent Senior Upgrade Project in the amount of$423,456, plus WSST
3. EXHIBITS: Bid tab
4. RECOMMENDED BY: Parks Director
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue? N/A
Currently in the Budget? Yes X No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember ��-iP seconds
authoriztfig the Mayor to enter into an agreement with Flag Construction Company, Inc.
to complete the Senior Center Upgrade Project for the base bid amount of$423,456 00,
plus Washington State Sales Tax.
DISCUSSION: —"
ACTION:
Council Agenda
Item No 8A
r
r
CITY OF KENT PARKS FACILITIES
BID TAB
December 1, 2005
PROJECT: Kent Senior Center Upgrade
BIDDER
Flag Construction Company, Inc. $423,456.00
Deductive Bid Alternate #1 - $ 40,000 00
Deductive Bid Alternate #2 - $ 12,000.00
Triple D Construction, Inc $436,780 00
Deductive Bid Alternate #1 -$ 48,127.00
Deductive Bid Alternate #2 - $ 13,608 00
Roy E Dunham Company. $459,600 00
Deductive Bid Alternate #1 -$ 48,500 00
Deductive Bid Alternate #2 -$ 11,600 00
Lincoln Construction, Inc $462,300 00
Deductive Bid Alternate #1 - $ 60,000 00
Deductive Bid Alternate #2 - $ 12,500 00
United Pacific Structures, Inc. $502,000.00
Deductive Bid Alternate #1 - $ 48,000.00
Deductive Bid Alternate #2 - $ 10,000 00
REPORTS FROM STANDING COMMITTEES AND STAFF
A. COUNCIL PRESIDENT F�ngv Cpmvrh
B. OPERATIONS COMMITTEE
C. PUBLIC SAFETY COMMITTEE
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D. PUBLIC WORKS pVA
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E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE
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F. PARKS AND HUMAN SERVICES COMMITTEE
G. ADMINISTRATIVE REPORTS Iodrp f S ?,D vY.�
REPORTS FROM SPECIAL COMMITTEES
CONTINUED COMMUNICATIONS
A.
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EXECUTIVE SESSION
ACTION AFTER EXECUTIVE SESSION