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City Council Meeting - Council - Agenda - 01/17/2006
AG EN DA City of Kent City Council Meeting Ilk Agenda t - January 17, 2006 Mayor Suzette Cooke Deborah Ranniger, Council President Councilmembers Tim Clark Debbie Raplee Ron Harmon Les Thomas Bob O'Brien Elizabeth Watson O j KENT WASHINGTON City Clerk's Office KENT CITY COUNCIL AGENDAS KENT January 17, 2006 -- - - - WASHINGTON 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 Description Speaker Time 1. Clark Springs Public Works Director 20 min 2. Transportation Master Plan/ Public Works Director 20 min Public Involvement Process COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 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 Hour hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Introduction of Appointees (3, Kepof+ ory F loodinly 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A Minutes of Previous Meeting—Approve B. Payment of Bills — None C. Bakke Plat Bill of Sale— Accept D. Leabo Plat Bill of Sale — Accept E Meridian Ridge Di\,ision I and 2 Bill of Sale—Accept F 98th Avenue Sanitary Sewer Extension Bill of Sale —Accept G. 98th Avenue Sanitary Sewer Extension Addendum to Bill of Sale—Accept (Continued on Back) COUNCIL MEETING AGENDA CONTINUED H. S. 188th Street Vacation Ordinance—Adopt I Smith Court Homes Rezone Ordinance — Adopt J. Kent Human Services Commission Re-appointment and Appointment—Confirm K. Land Use and Planning Board Re-appointment and Appointment—Confirm LI �/��ir��m� �afS to IUPI� S o� �d DD7� 7. OTHER BUSINESS A McGrew Rezone (QUASI-JUDICIAL) 8. BIDS None 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 1 I EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION 7� rnif� A. Labor Negotiations P). PC>nd in9 Li 4-,yc+, c l 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 An explanation of the agenda format is given on the back of this page Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725 For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. a �a c$a : « m >� oEm� »m « oAcoc « � Nmr yH3Y � a` C �p v� a roO � `a ` 0�jt e'o Q as'�2 EcL Nur c ow >$.ata� �' E „�v N V e - on" u A3aci A u—� CO m ,'Q cm= y CLAu A m - E 8 .a £ m CL aA o « � � ac uL a $ c a _ eo ouE y o. 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C q N aye j q J q ° M aRO O yE G,m0 U g EtpN yR � OL ::s CL ?, C q2 qEv 3 �'- aLAJus "' ucaE20 = � � � :. cmE E:: SUE E �0. � OV UZ .5 =� � w muoEam° cQ � 'o$ ° o' uo ° iL ooc" � 0E �'AEoavGov - 03° QVUa �u-E UUO;EaO��EF oe� d °Jfnoc� �o s .ze W= O - Z Y� vCc -'E 3 < C N • CL C �`u s n ^ Y o 3 Vod i.E o� E ..eL w h ® c N VC � y NM �O >' 0h O Qj 3�= j0 romp j0� V O CO O V CO ii = V �� Vyy 3yy o c (0 u � G a o � R U3� �N YY mm� V m kA o pp $ a u V ° « 0 c as Y 4 ° 3 y 3 c a Z' q 8 c E�, _> 2 a �„ • .fl `o>.c % ", o � >y�� v A aaOE,� e a >.aAu � cv 03 c E va u �3 ' O`4 � o aOw m6 A� ce9o.c_ . `�M u£vc � � Ara 30 <c `' 2vWON E ga 3ad$S v���gr0 E Id ��6 3c ` a� Q sf cV aa.g LLJ e YAa = " gu r < Ni-Sc i+ �n CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC I i PUBLIC COMMUNICATIONS A) INTRODUCTION OF APPOINTEES �5-v�,t Ct-4 Y t 1 I i i CONSENT CALENDAR 6. Citv Council Action• Councilmember_ moves, Councilmember jseconds to approve Consent Calendar Items A through W L Discussion Action G j6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of January 3, 2006. 1 6B. Approval of Bills Numbers were not available for approval. Council Agenda Item No. 6 A-B Kent City Council Meeting KEN T January 3, 2006 WG$NINGTON The regular meeting of the Kent City Council was called to order at 7.00 p m. by Mayor Cooke. I Councilmembers present Clark, Harmon, O'Brien, Ranniger, Raplee, Thomas and Watson (CFN-198) CHANGES TO THE AGENDA A From Council, Administration, or Staff. (CFN-198) Interim CAO Hodgson noted the Executive Session. PUBLIC COMMUNICATIONS A Passing the Gavel. (CFN-198) Former Mayor Jim White passed the gavel to newly elected Mayor Suzette Cooke B. Oath of Office. (CFN-198) The City Clerk administered the Oath of Office to Mayor Cooke and Councilmembers Clark, O'Brien and Watson C. Election of Council President. (CFN-198) Harmon nominated Dr. Deborah Ranniger as Council President Clark seconded. There were no other nominations and Dr. Ranniger was unanimously elected as Council President. D HomeStreet Bank Donation to Fire Department. (CFN-122) Brad Stevens, President of HomeStreet Bank, explained their partnership with the Fire Department and presented a check in the amount of$3000.00 to Fire Capt Ohashi E. Emplovee of the Month. (CFN-147) Mayor Cooke announced that Robin Gaither, Records Specialist in the Police Department, has been named Employee of the Month for January. CONSENT CALENDAR RANNIGER MOVED to approve Consent Calendar Items A through D Clark seconded and the motion carved A Approval of Minutes. (CFN-198) 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 were approved. B Approval of Bills. (CFN-104) Payment of the bills received through November 30 and paid on November 30 after auditing by the Operations Committee on December 6, 2005 were approved. IApproval of checks issued for vouchers Date Check Numbers Amount 11/30/05 Wire Transfers 2246-2258 $1,148,361 32 11/30/05 PrePays & 586540 3,011,954 75 11/30/05 Regular 587056 2,755,69915 Use Tax Payable 7,635.43 $6,923,650.65 1 Kent City Council Minutes January 3, 2006 Approval of checks issued for payroll for November 1 through November 15 and paid on November 18, 2005 Date Check Numbers Amount I t/18/05 Checks 278372-287637 $ 199,778 76 1 t/18/05 Advices 188231-188919 1,259,667 97 Total of Regular Payroll $1,459,446.73 Interim j 11/28/05 Void 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,l 90 98 12/5/05 Advices t88920-189608 1,636,43189 Total of Regular Payroll $1,862,622 87 Interim 12/6/05 Checks 287877 $6915 $69 15 C. 36th Avenue South Street Vacation Ordinance. (CFN-102) Ordinance No 3780 vacating a portion of 36"' Avenue South, between Reith Road and South 2601" Street was adopted Council approved the vacation on August M, 2005 with the conditions recommended by staff. Those conditions have since been satisfied. D Highland Park Infrastructure Improvement Bill of Sale. (CFN-484) 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 was accepted. The bonds are to be released after the maintenance period OTHER BUSINESS A Zoning Code Amendment, Commercial Motor Vehicles In Residential Zoning Districts. (CFN-131) The Planning & Economic Development Committee recommended allowing commercial motor vehicles in residential zoning districts via a Special Home Occupation Permit CLARK MOVED that this item be sent to the Planning Committee in February Harmon seconded Interim CAO Hodgson noted that Administration will attempt to bring recommendations to the February meeting. The motion then carried. B. Smith Court Homes Rezone. (Quasi-Judicial) (CFN-121) This request by Wayne Jones, Lakeridge Development, Inc , is to rezone 2.5 acres of property from GC (General Commercial), to MR-NI (Medium Density Multifamily) 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 2 Kent City Council Minutes January 3, 2006 The City Attorney explained the quasi-Judicial process and it was determined that there had been no ex-parte communication by Councilmembers Lydia Moorehead of Community Development described the project and answered questions from Council CLARK MOVED to accept the Findings, Conclusions and Recommendations of the Hearing Examiner on the Smith Court Homes Rezone and to direct the City Attorney to prepare the necessary ordinance Harmon seconded and the motion carried 1 BIDS A. Kent Senior Center Upgrades. (CFN-1149) The bid opening was held on December 1, 2005, with five (5) bids recei\,ed 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. Hodgson explained the upgrades to the building and noted that it is heavily used RANNIGER MOVED to authorize 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. Raplee seconded and the motion carved. REPORTS Council President. (CFN-198) Ranniger announced the membership of the new Council Committees Public Safety Committee. (CFN-198) Thomas noted that the Committee will meet on Thursday, January 19 at 5 00 p m Public Works. (CFN-198) Raplee noted that the Committee will not meet on the 3rd Monday as usual, due to the holiday. She noted that a special meeting will be held at 5.00 p m on January 23rd. Planning & Economic Development Committee. (CFN-t98) Harmon noted that the Committee will normally meet at 4 00 p m on the 3rd Monday of each month, but that due to the holiday in January, they will hold a special meeting at 4 00 p.m. on January 23rd Parks and Human Services Committee. (CFN-198) Ranniger noted that the Committee will meet at 4:00 p.m. on January 19. Administrative Reports. (CFN-198) Hodgson reminded Councilmembers of an Executive Session of approximately 20 minutes to discuss property acquisition, with no action expected. EXECUTIVE SESSION The meeting recessed into Executive Session at 7.33 p.m. and reconvened at 8 31 p m ADJOURNMENT RAPLEE MOVED to adjourn at 8:31 p m. Thomas seconded and the motion carried Brenda Jacober, CMC City Clerk 3 Kent City Council Meeting Date January 17, 2006 Category Consent Calendar 1. SUBJECT: BAKKE PLAT BILL OF SALE —ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for Bakke Plat submitted by Dreamcraft Homes for continuous operation and maintenance of 1 watermam gate valve and I hydrant, 282 lineal feet ductile iron waterline, 2 sanitary sewer manholes and 375 lineal feet of PVC sewer line, 513 centerline lineal feet of roadway improve- ments; 1 storm sewer manhole or a total of 9 catch basins and 678 lineal feet of PVC sewer line The bonds are to be released after the maintenance period This project is located at SE 268`t' Street and 107`h Avenue SE. 3. EXHIBITS: Bill of Sale and Addendum to Bill of Sale 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 6C FEB-1-2005 11: 16R FROM: TO:8545208 P: 1/4 Bill of Sale Page l taf4 400 KENT WAS M 1 N O T O N IMAIL70: ENGINEERING DEPARTMENT 220 4 : 220 dm AYENUE SOUTH KENT.WASfUNGTON 48032 PROJECT: RAID QL PrT LOCATIOTI:SE 2(a& sT 4 10-7 fpe-'P TAXACCTNO; ZYZ20S �1ltI BILL OF SALE CTrY OF DENT iflN(.' COUNTY,WASHINGTON THIS I NSTRUMENT made this lD A- day of 444 20 0 1 ,by and between DR0AVnQ*A4=l— komrS _, hereinafter called"Grantors", and City of Kent,a municipal corporation of King County,State of Washington,herinafter called"Grantee-: WITNFSSETII: That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to Grantee the following described improvements: A. &ATFRM4 together with a total of ( gate valves at S 400 each,�_ hydrants at S 2 140a each and/or any other appurtenances thereto. ON IO-i AuE 58 FROM SE- Zbg � TO IEw10 of (sireel,esnit,etc) co(L �r Iucluding 2.8'L linear feet A S Z l•oa per LF of $ (size&type) D .L waterline, B. SAMARY, FWF.RR; Together with a total of 2 manholes at S, Z 1400 each and/or any other appurtenances thereto. ON j p7 K%j c FROM TO (street,esmt,etc) �_ 2APS Sr. So-%TH f LtgT L we Page 1 of 4 Bill of Sale F�B-1-2005 11:17R FROM: TO:8545208 P:2�4 Hill of Sale Page 2 of 4 Including 215 linear feet at S op per LF of p t� (sine&type) G sewer line. C. Tic Together with curbs,patters,sidewalks,and(or any other appurtenzuees thereto. ON FROM TO (street,esmi,etc) OF cvt„-Ib E- MAC I�O�i7 flNE ` no. of Ser zt t3 ZDt TJ' t Pt_4T LeNr— Including 6(3 centeriane LF at S &4•"' per LF of S eWt (type)streets, Z�Feet asphalt roadway. Wtog- D. STORhj 4F.R"rFRS: Together wilh a total of ( _ manholes at S each or a total of_____g_catch basins at S each, 0 LF of biofdtration"mic or drainage ditch with a total cost of S , _ 0 CF of detention pond storage with a total cost of S ,and I or any other appurtenances thereto. QN 1 a-7 AN F- FROM - ZfmB sT- TO I`rc D o F Geat: {street,esmt,etc} �„ 3��so. of SE zm8 sT M% m r'�gr �E+E Including _(o?1 linear feet at S 2-2.oa per LF of l y u (size&type) fC sewer line. To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that It is the lawful owner of said property; and that the some is free from all encumbrances;that ull bills fur labor and material have been paid;that it bay 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 tandersi ned has caused this instrument to be executed on this ( 07"µ day of /YI R'RLf� ,20 05 l� STATE OF WASHINGTON } )SS COUNTY OF KiN1C ) On this f day ofc--11YA&Ctr ,20 t �� ,before me,the undersigned A Notary Public in and for the State of Washington,duly commissioned and Page 2 of 4 Bin of sole FEB-1-LWb 11: 17A FROM: TO:3545209 P:3�4 Bin of sale Page 3 of 4 sworn,Personally appeared 1"f/C lfrlt t - /'< 1-t( to me known to he the individual de<eeribed in and who executed the foregoing instrument, and acknowledged to me that helshe signed and sealed this instrument as itWher free and voluntary act and deed for The uses and purposes therein mentioned. GIVEN under my hand and official seal this &), day of �y.ao�\i AiA U NOTARY 9N; , nblic io and for the State of Washington, residing at PUBLIC : 2 e !'41 ........... My Commission Expires: STATE OF WASHINGTOIN ) )SS COUNTY ON KING ) On this day of ,20 , before me,the undersigned,a Notary Public in and for the State of Washington,duly commissioned and sworn,personally appeared and to me known to he the and respectively of the that executed the foregoing instrument,and acknowledged the said instrument to he the free and voluntary act and deed of said for the as"and purposes therein mentioned,and on oath stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto affix the day and year first above written. Notary Public in and for the State of Washington,residing at My Commission Expires: j 'rhe 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 120 Page 3 oC4 Bill of Sale Ee-1-2705 11:17A FROM: TO:0545208 P:4/4 400 m, KENT 1 WAS H I N O 7 O N ADDE\DU31 TO BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON The ficures used on the Bill of Sate for B P,Le=A� 1"t—A7— project dated ^10 11010 4- based on the "As-Built" Engineering Plans dated 112.01057 for the same said R PtKxr-- Pt--IQ-1' project" ,S—Py nl ,- 01 AE C—,F the i undersi;ned P.E. or land suriekor is the person responsible for the preparation of the Bill of Sale and is an emploA ee ul' _ A G � �1►s yx_Rw rthe firm responsible for the preparation of the "As-Built" Engineering Dra%iings. j - 1 Slanaturc v v j KENT WASHINGTON ADDENDUM TO BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON The figures used on the Bill of Sale for .3 P�{t4e.ff_ PL..41 - project dated 0/0 4%- 1%ere based on the "As-Built" Engineering Plans dated2�0 1 /a5- , for the same said B tN1KXi= r te t._.A-'- project. Jis lES 3,AF_su� the undersigned P.E. or Land surNe?or is the person responsible for the preparation of the Bill of Sale and is an employee of PE-_C-5fE {k F,44GI f.l FJI=- IK16rthe firm 1 responsible for the preparation of the "As-Built" Engineering DraiNings. i7 ice.;•i o-.�s ��_y�tiz»x Stynature " 'A { a 05 lj,Y yM Q t ". AO $wr*i,, t rrr-.+p�Y.4 -j'-S•4Vw+b+.E yYv•f+u+nTwnvr 1'7� ! REVISIONS• 116TH AVE S J r0 D_ h 114TH AVE N N r' F C'- N FF N '0 � n N N 108TH AVE SE o z H N N - 1jj W 104TH AVE SE N ram, N O O I Th co l�Vl ^Ql '1 VIaNrrY MAP (NTS) W � � o 14G BUILDING SET BACKS �� � qj o FRONT: 20'—GARAGE, 10'—HOUSE 1983 — Lambert North Zane as SIDES: 5' T F� Positioning System REAR: 5' �..J 15' BSBL TO SENSITIVE AREA TRACT (T� W w UT LrrY PURVEYORS w •�- SANITARY SEWER: CITY OF KENT WATECITY OF KENT FIRE R. CITY OF KENT TELEPHONE: QWEST POWER: PUGET SOUND ENERGY )hone pole on west side NATURAL GAS: PUGET SOUND ENERGY R forth of 272nd, stamped CABLE T.V.: COMCAST cP� Of syb IS FG' d � F along north edge of entrance to Southeast Kent City Council Meeting Date January 17, 2006 ory CategConsent Calendar 1. SUBJECT: LEABO PLAT BILL OF SALE — ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for LEABO PLAT submitted by Don Leabo for continuous operation and maintenance of 5 watermam gate valves and 2 hydrants. 8 sanitary sewer manholes including 1,595 PVC sewer line, 644 centerlme linear feet of street improvements, 1 storm sewer manholes, 13 catch basins, 110 linear feet of biofltration Swale or drainage ditch, and 26,500 cubic feet of detention pond storage The bonds are to be released after the maintenance period. This project is located at I06`h Avenue SE and SE 268`" Street. 1 3. EXHIBITS: Bill of Sale and Addendum to Bill of Sale 4. RECO.MMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A I 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 ��.••� .A."f f rKtll'i: lU.1`1CJ:•.OGYJ..g r.j•y Bell of Sale ' Pair t of 3 r j ENT I AWL TO: E1CINCERIRC DEPARTAIE�T ATTN: ;2O ar ..VE SOVSOVTK KE.NT,NvASHINGTO148DIZ PROJECT: Ll=fgD kor S, TAX ACCTNO: BILL OF SALE CITY OF KENT rKING COt N'TV,WASITYNGTON THIS f.`7 RUM F\f made this 3 .._..dat of_ , b*LaV.►' _HOC br ztnd hee=teen Z �lC�� ��� .hereinafter r0ed "Cramorc",and C % of Bent.a municipal rorporadon of krvg coulm.Stare of XV2..bingfou. het ina(ttr cattrd"Grantee": t1 IT'�f,SSE't f�: That the said Grantors for it satuatile considerAtion,does hereb+grant.bargain,self to rmfee the foTlo==ing described improtemtim: togctherNithatotatof 5 Zttc,apesalS__-4each, _ hidraetta at S _24 ca0 each And l or an) other appurtenances thereto. Z(ae>o Sr FRntt iOlo pwE SE., CAS",' TO fal )�vE SF (street,esmt,Ctt) a 2 L(t Including ' linear feet at S 2 R•� per LF of (size& tt pc) L7,L =+aterLne. B. ;, a N%EB$. Together Nish a fota!of 9, mY»holri st S � rarh And/or and other appurten2mCs thereto. ON IOU RvX-- Z � P�p; t-lt Nf SE. ZtggA 3T soA%\ TO 5B Z�ls mT (strut,csmr,etc) FurtudlnR jS.1S linear feet of S ©Ld4 per LF of rtJ D ,(size&t{pc) ' IC_ sever line. Page l „f 3 Bill of Sale r �'+• 11-Ct'lC/✓ 11•'�I FI r riJ1,. C. =ETI. together with ctabs, gutters,sidewalk&aud'or any other appurtenances thereto ON E= m 1 (street,esmt,etc.) ST ! 4l0 l�uE � J'�' no. of Se2G+� +`'',..air 2.lts'8 'S� SE ?_6;b 51' rD6 kuE Sr 3 ' L ai'of or Including Cv. - cenrerline LF at S Lira•'° t+er LF of (tyke} Weeta,?SV wroF feet asphalt roadway A TC3R'+4 SEWERS together with a total of ! rttsnhoies at S Z-000 each or a total of_,_,�catch bastes at S 22 eazh, 1 it9 Lf of binfittration Swale at drainage ditch with a total cast of S �a "_tea 5�,Qo CF of detention pond storage c+:th a total atadfor any other appurienamcs thrreto. S?L E= T52 (street estitt,etc.)100 ROE -SE tint 5. of sSe 24-) *-T- Ps j&I& S-F— e�.ST. lob het -TF- 3orar t,.r.e4- of i �E Including {T� linear fact at$ 22.oa Qer LF a$__ t 2" tstze) PrtC type}sewer line. To have and to hold the same to the said Grantee,its successors and assigns forever The undersigned hereby coverants that a is the lawful owner of said property, and dut the some is &ce from all enc=branccs, that all bills for Jabot and material have been paid; that it has the right to sell the same as aforesaid; that it will warrant and defer id the aame against the lawful claims and demands of all persons. The Bill of Sale i3 given in consideration of the agreement of the Graflice for itself, its successots and assigns to uxorporate said utilities in its utility system and to maintain than as provided in the applicab;e City Ordmances tN WnWESS WHEROE,the undetsiped Iles caused this instrument to be executed on this £� day of T-ft:►„Ad es&02 2 t r =i.tim rrta•u S U•lYCJJ„r[1GrJ,x STATE OF XX'AS14J G fO1 } ass COUATY OF XING On this 3 ' day of before me,tht undcrsi.-ned 4 Wotan Public in and for the State of Washington.dut% commissionrd and N*i orn.Pcrsonath appaared �2 o n r� <r) L-� to me Cnoan to be the indiudt.al described in and«be executed the fore;oing instrument,and aff noutedged to me that he'she ticne4 and pealed this instrument as his'lier free and x ctuniary act and dee4 far the uses and purloaces therein mentioned. C.1%E\under m% hand and nfficial srat this da% of 4,r �tgTAAy «" ': .'= Notary Publre in and for the —+— - State of,l'ashtn;ton,residing at PIIRtlG a ;. '. t �ir� I '' P 7L Wks %1% Commission F%plres: r"�2.-� 'LC O� The Hill of Salt is get en and accepted punuanl to a motion duly nude.seconded,and parsed b% the Ceti Connut of the City of Ktnt,hint County,%V2' hington,on the !_T d:�of 't7 j f r i 1 i rage 3 of I Bill ofSje �nwa-ear�� aa•-� n rrtvi i. ,.�-.-ee.._.:oer�x r.-r -. Z�, O ANENT WASMINGTON ADDENDUM TO BILL OF SALE CITY OF K.ENT , KING COUNTY,WASH ING'f'O3 The figures used on the gill of Sale for J`t"E project dated zs to 3 ,here based on the"As-Built"Enhineerinn plans dated � 20 ©� , for Q Pt_ - the same said project. the undcrsioned Y.E. or land surnt�or is the person responsible for the preparation of the Bill � � y�l_ i�tntG'the ftrnt of Sale and is an employee of responsiblc for the preparation E�f the"Aj-Bunt' Ert inecrin; Di ai+rods. Sia tUJe L Y V c 10- c ��1 a r.�_ r r - KEN T WASHINGTON IADDENDUM TO BILL OF SALE CITY OF KENT rKING COUNTY, WASHINGTON The figures used on the Bill of Sale for LF,P�� project dated Sf �3 0%ere rbased on the "As-Built" Engineering Plans dated ' for the same said LE. _p o PL project. .�P0)F_S the undersigned P.E. or land surveN or is the person responsible for the preparation of the Bill of Sale and is an employee of .3 Psf_—_Gf . E4-4GriKi 1"6 the rrm responsible for the preparation of the "As-Built" Engineering Drai1 ings. Sig ture tit r r i yF' REVISIONS: SE 260 ST Yp\k4ti j L I Z 1 O SE 264 ST ■ TA: ;S ■ m r si TE Z J AND _ ADJACENT VICINITY MAP w N T S W a Lo CL- 0 o I _ � 00v> o 0) co Z NQ N VP TION w � � z WES 112 OF THE NE 114 o) TION 20, TOWNSHIP 22 N., w q- :EPT THE NORTH 37.5 FT. KING COUNTY FOR RIGHT-OF-WAY ■ W i a � Kent City Council Meeting Date lanuary 17, 2006 Category Consent Calendar 1 SUBJECT: MERIDIAN RIDGE DIVISION 1 AND 2 BILL OF SALE — ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for Meridian Ridge Division 1 and Meridian Ridge Division 2 submitted by Schneider Homes, Inc. for continuous operation and maintenance of 2,122 centerline linear feet of street improvements, 20 Type I storm sewer catch basins, 6 Type II 48-mch catch basins, 2 Type II 54-inch catch basins, 370 linear feet of biofiltratton swale or drainage ditch, and 143,326 cubic feet of detention pond storage. The bonds are to be released after the maintenance period. This project is located at 152nd Avenue SE at SE 280`" 3. EXHIBITS: Bill of Sale and Addendum to Bill of Sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure9 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 t DISCUSSION: ACTION: Council Agenda Item No 6E CITY of KENO' FEB 2 7 2004 ' ENGINEERING DEPT • WAENT WAS H I N G T O N MAIL TO: ENGINEERING DEPARTMENT ATTN: O•n_ie Carrasquilla 220 4'AVENUE SOUTH KENT,W"ASHINGTON 98032 PROJECT: Plats of Meridian Ridge Division 1 & Meridian Ridge Division 2 LOCATION: 152"d Ave SE to,SE 280th TAX ACCT NO:3522205-9t12&9073,9059 THIS INSTRUMENT made this 15th day of January,2004,by and between Schneider Homes,Inc., hereinafter called"Grantors",and City of Kent,a municipal corporation of King County, State of Washington, hereinafter called"Grantee" WITNESSETH: A. STREETS Together with curbs,gutters, sidewalks,and/or any other appurtenances thereto ON FROM TO SE 280d'St 152"d Ave SE 151s`PI SE 151� Pt SE SE 279 h St SE 281s`St SE 279 h St t50`h PI SE 151"Pl SE SE 281"St 1501h PI SE 151"PI SE 150d'PI SE SE 279'h St 200 feet south of SE 281"St 152°d Ave SE 2,370 ft north of center SE 280 St 920 ft south of center SE 280d`St Includes 2.122 centerline LF of new asphalt roadway at$208 per LF,plus Widening of 152"d Ave SE at a total cost of$224,066 1 B TS_2(RM SEWERS. Together with a total of 20 Type I catch basins at`6725 each,6 Type II 48-inch catch basins at$2,100 each,2 Type II 54-mch catch basins at$3.800 each,370 LF of biofiltratron swale or drainage ditch with a total cost of$14,800. 143326 CF of detention pond storage with a total cost of $40,500.and/or any other appurtenances thereto ON FROM TO SE 280 St 152"d Ave SE 1515`Pl SE 15191 Pl SE SE 274" St SE 281"St SE 279d`St 150"Pt SE 151"PI SE SE 281"St 150"PI SE 150 Pl SE 1501h PI SE SE 279 h St 200 feet south of SE 281"St 152°d Ave SE 2,370 ft north of center SE 280'h St 920 ft south of center SE 280d'St Page 1 of 2 Bill of Sale Including 196 linear feet of 18-mch ductile iron pipe at$40 00 per LF, 114 linear feet of 18-Inch pvc pipe at$35 00 per LF,446 linear feet of 12-inch ductile iron pipe at$30 00 per LF. and 2317 linear feet of 12-mch pvc pipe at$20 00 per LF storm sewer line To haw e and to hold the same to the said Grantee, its successors and assigns forever 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 tabor and material have been paid-that tt has the right to sell the same aforesaid that it will warrant and defend the saute 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 mcorporate said utilities in its utility system and to maiiitaum them as provided in the applicable City Ordinances IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on thiszaav of - 2004 Schneider Homes.Inc ' By Dennis Alfredson Manager of Development and Construction STATE OF WASHINGTON ' COUNTY OF KING I certify that I know or have satisfactory ev idence that Dennis Alfredson is the person who appeared before me,and said person acknowledged that he signed this instrument,on oath stated that he was anthoroed to execute the uistnuucnt and acknowledged it as the Manager of Development and Construction of Schneider Homes. Inc to be the free and voluntary act of such party for the uses and purposes mentioned In the mstr u rent Dated 7Z' D'Ar�1 1 {Sid mature) PAUL E. MORROW l �3TASE504ASHi NGT Oil Title NOTARY--•-- PUBLIC My appointment YY COUMISSIOY EXPIRES 1-15-04 Expires The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the Ciri_,Council of the Gtv_ of Kent, King County. Washington. on the day of 2004 Page 2 of 2 Bill of Sale 1 KEN T W A S H I N G T O N 1 ADDENDUM TO BILL OF SALE CITY OF KENT 1 KING COUNTY, WASHINGTON 1 The figures used on the Bill of Sale for the Plats of Meridian Ridge Division I and Division 2, project dated Aug_u_st_t4, 2001, were based on the"As-Built" Engineering Plans dated for the same said Meridian Ridge Division I and Division 2 ' project. Paul E. Morrow, the undersigned Professional Land Surveyor is the person responsible for 1 the preparation of the Bill of Sale form and is an employee of DMP Inc., the firm responsible for the preparation of the "As-Built" Engineering Drawings. MO,,pp�� wnso, `�t'0� Signature N, EXPIRES (�- 1 1 1 1 1 r r r r r r KENT-KAN6LEr RO kEN T-KANr,LEY PD ' E :nth YILY�� r �nTIa r� > T 275th ST �t LE 276th FL PROJECT LTA LOCATION - LT-L..- SE 278P. �T _C 280TH ST 280th ST r x y 5E 28.3rd ST N� � � r SE _ 288th -ST LP 288th LT L >_ 1 a \ s J \\ 0 -r VICINITY MAP r N.T.S. ' 1 . r r Kent City Council Meeting Date January 17, 2006 Category Consent Calendar 1. SUBJECT: 98TH AVENUE SANITARY SEWER EXTENSION BILL OF SALE —ACCEPT r2. SUMMARY STATEMENT: Accept the Bill of Sale for 98th Avenue Sanitary Sewer Extension submitted by TLT Development, LLC for continuous operation and maintenance of 8 watermam gate valves, 10 sanitary sewer manholes, 830 centerline linear feet of street improvements, 4 storm sewer manholes, and 3 storm sewer catch basins. The bonds are to be released after the maintenance period This project is located at 98`" Avenue South. 3. EXHIBITS: Bill of sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) i5. 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 1 1 DISCUSSION: ACTION: rCouncil Agenda Item No 6F Bill of Sale Page 1 of t 4400 KENT WASH IN O T O N ' MAIL TO: ENGINEERING DEPARTMENT ATTN: 220 4 TH AVENUE SOUTH KENT,WASHINGTON 98032 PROJECT: Morgans Place ' LOCATION: 98th Ave. S. TAX ACCT NO: BILL OF SALE tCITY OF KENT KING COUNTY,WASHINGTON THIS INSTRUMENT made this 16 day of December 20 05 ,by and between TLT Development, LLC hereinafter called"Grantors",and City of Kent,a municipal corporation of King County,State of Washington, herinafter called"Grantee": j WITNESSETH: That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to Grantee the following described improvements: A. WATERMAINS: together with a total of 8 gate valves at$500. 00 each, 1 hydrants at$ each and/or any other appurtenances thereto. 98th Ave. S. ON FROM TO (street, esmt, etc) Including 116 linear feet at$ 18.00 per LF of 8" (size& type) DI waterline. B. SANITARY S ,W .RS: Together with a total of 10 manholes at $ 8 0 - each and l or any other appurtenances thereto. 98th Ave- S ON FROM TO (street, esmt, etc) Including 2160 linear feet at$ 15 .00 per LF of 8 (size &type) PVC sewer line. Bill of Sale , Page 2 of 2 CF of detention pond storage with a total cost of$ ,and/or any ' other appurtenances thereto. ON FROM TO ' (street,esmt, etc) Including 596 linear feet at$ 15.00 per LF of 18" CPEP (size&type) sewer line. To have and to hold the same to the said Grantee,its successors and assigns forever. ' 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 19 y"' day of OGc:c.nV CG ,20o STATE OF WASHINGTON ) . )SS COUNTY OF KING ) On this ��� day of t 20 bs ,before me,the ' undersigned A Notary Public in and for the State of Washington,duly commissioned and sworn,Personally appeared—(�(6-yv-cus L- t UcA - to me known to be the Individual described in and who executed 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 2/0 Z)S I tar) lic in and for the ' Y'O ,'§tate of Washington, residing at 0 S FgyVpS `r My Commission Expires: Bill of Sale Page 3 of Witness my hand and official seal hereto affix the day and year first above written, Notary Public in and for the State of Washington,residing at My Commission Expires: The Bill of Sate is given and accepted pursuant to a motion duly made,seconded,and passed 1 by the City Council of the City of Kent, King County,Washington,on the day of $20 ' Kent City Council Meeting Date January 17, 2006 Category Consent Calendar 1. SUBJECT: 98TH AVENUE SANITARY SEWER EXTENSION ADDENDUM TO BILL OF SALE — ACCEPT 2. SUMMARY STATEMENT: Accept the Addendum to Bill of Sale for 98th Avenue Sanitary Sewer Extension. The figures used on the Bill of Sale dated 6/14/05 were based on the as-built engineering plans dated 6/9/05 by Paul E Morrow, PLS, who is an employee of DMP, Inc. This project is located at 144`t' Avenue SE at SE 278`' Street 3. EXHIBITS: Addendum to bill of sale ' 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 6G • KENT WAS H IN G T O N ' ADDENDUM TO BILL OF SALE ' CITY OF KENT IQNG COUNTY,WASHINGTON ' The figures used on the Bill of Sale for Morgans Place project dated 6/1 4/0 5 ,were based on the"As-Built"Engineering Plans dated 6/09/05 for the same said Morgans Place project ' Paul E. Morrow„ P7.s thW__— undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of DMP, Inc. ,the firm responsible for the preparation of the"As-Built" Engineering Drawings. g. Mp WASI c� Signature - o 1 L1+t17 ' EXPIRES 1 1 Kent City Council Meeting Date January 17, 2006 Category Consent Calendar 1. SUBJECT: S. 188TH STREET VACATION ORDINANCE —ADOPT ! 2. SUMMARY STATEMENT: Adoption of Ordinance No. vacating a portion of South 188" Street, in the City of Kent as described in the applicant's petition. On September 6, 2005, the city council adopted Resolution No 1709, vacating a portion of South 188°' Street and setting October 18, 2005, as the public hearing date on the vacation. The public hearing occurred on October 18, 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. 3. EXHIBITS: Ordinance ! 4. RECOMMENDED BY: City Council and Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? Yes Currently in the Budget? Yes No X If no: Unbudgeted Expense- Fund Amount $ Unbudgeted Revenue: Fund R20304.59520 Amount $39,780 00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds ! DISCUSSION: ACTION: Council Agenda Item No. 6H ! ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, relating to the vacation of portion of South 188th Street, located in the City of Kent, Washington. RECITALS A. A petition has been filed to vacate a portion of South 188th Street, in the City of Kent, as legally described in Exhibit "A" and as shown in Exhibit "B," both of which are 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 October 18, 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- South 188`h Street L E. After the public hearing on October 18, 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 moorage or launching sites, park, viewpoint, recreational or education purposes, or i 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. SECTION2,- Vacation. A portion of South 188`h Street, in the city of Kent, as legally described in Exhibit"A"and as shown in Exhibit"B," both of which are attached and incorporated, is hereby vacated. SECTION 3, - Vested Rlaht. No vested rights shall be affected by the provisions of this ordinance. SECTION 4. - Severabdity 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. 2 Street Vacation- South 188`h Street 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-SIBSthSTeet doc 3 Street Vacation- South 188`h Street Kent City Council Meeting Date January 17, 2006 Category Consent Calendar 1. SUBJECT: SMITH COURT HOMES REZONE ORDINANCE — ADOPT 2. SUMMARY STATEMENT: Adoption of Ordinance No. relating to land use and zoning, specifically the rezoning of approximately 2.5 acres of property located on the west side of 641h Avenue South, north of West Smith Street, Kent, Washington from the current zoning of from General Commercial (GC) to Medium Density Multifamily (MR-M) � 3. EXHIBITS: Ordinance 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 moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 61 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, relating to land use and zoning, specifically the rezoning of approximately 2.5 acres of property located on the west side of 64th Avenue South, north of West Smith Street from General Commercial (GC) to Medium Density Multifamily (MR-M). (Smith Court Homes Rezone, #RZ-2005-6). �I RECITALS A. An application was filed on June 1, 2005, by Lakeridge Development, j Inc., to rezone approximately 2.5 acres of property located on the west side of 64th j Avenue South, north of West Smith Street in Kent, Washington, from the current zoning of General Commercial (GC) to Medium Density Multifamily (MR-M). (Smith Court Homes Rezone, #RZ-2005-6). B. The City's SEPA responsible official issued a Determination of Nonsignificance (DNS) (#ENV-2005-35) for the proposed rezone on October 18, 2005. C. A public hearing on the rezone was held before the hearing examiner on November 16, 2005 On November 23, 2005, the hearing examiner issued findings and conclusions that the Smith Court Homes Rezone is consistent with the city's Comprehensive Plan, that the proposed rezone and subsequent development activity would be compatible with the development in the vicinity, that the proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts that cannot be mitigated, that circumstances have changed since the establishment of the current zoning district to warrant the 1 Smith Court Homes Rezone proposed rezone, and that the proposed rezone will not adversely affect the health, safety, and general welfare of the citizens of the City of Kent. D. Based on these findings and conclusions, the hearing examiner recommended approval of the Smith Court Homes Rezone. E. On January 3, 2006, the City Council determined that the hearing examiner's findings and conclusions are consistent with sections 15.09 050(A)(3) andl5.09.050(C) of the Kent City Code, accepted the findings of the hearing examiner, and adopted the hearing examiner's recommendation for approval of the Smith Court Homes Rezone from General Commercial (GC) to Medium Density Multifamily (MR-M). NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Rezone. The property located on the west side of 641h Avenue South, north of West Smith Street, Kent, Washington consisting of approximately 2 5 acres depicted in Exhibit "A" (marked "Vicinity Map"), attached and incorporated by this reference, and legally described in Exhibit "B", attached and incorporated by this reference, is rezoned from General Commercial (GC) to Medium Density Multifamily (MR-M). The City of Kent zoning map shall be amended to reflect the rezone granted above. I SECTION 2. — Severability. If any one or more sections, sub-sections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision 1 shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3, —Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage as provided by law. 2 Smith Court Homes Rezone ' SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of January, 2006. iAPPROVED- 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\Gull\ORDINANCE\Rezone-SmithCourtHomes doc 3 Smith Court Homes Rezone 1 Kent City Council Meeting Date January 17, 2006 Category Consent Calendar 1. SUBJECT: KENT HUMAN SERVICES COMMISSION RE-APPOINTMENT AND APPOINTMENT — CONFIRM 2. SUMMARY STATEMENT: Confirmation of the Mayor's re-appointment of 1 Ms Cathy Peters to continue serving as a member of the Kent Human Services Commission Ms Peters' new appointment will continue through 12/31/2008 Confirmation of the Mayor's appointment of Ms Marilyn LaCelle, Valley Cities Director, as the Non-Voting Agency position on the Human Services Commission. This is a two-year appointment Her new appointment will begin immediately and continue to 12/31/2007. 3. EXHIBITS: Memorandum 4. RECOMMENDED BY: Mayor Cooke (Committee, Staff, Examiner, Commission, etc.) i5. FISCAL IMPACT Expenditure9 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 1 DISCUSSION: ACTION: �i Council Agenda Item No 6J 'i OFFICE OF THE MAYOR Suzette Cooke Mayor Phone.253-856-5700 Fax 253-856-6700 • Address 220 Fourth Avenue S K ENT Kent,WA 98032-5895 WAJMINOTOM TO: DEBORAH RANNIGER, COUNCIL PRESIDENT CITY COUNCIL MEMBERS iFROM: SUZETTE COOKE, MAYOR dam" r DATE: JANUARY 11, 2006 RE: RE-APPOINTMENT AND APPOINTMENT TO KENT HUMAN SERVICES COMMISSION I have re-appointed Ms. Cathy Peters to continue serving as a member of the Kent Human Services Commission. Ms. Peters' new appointment will continue through 12/31/08. I have also appointed Ms. Marilyn LaCelle, Valley Cities Director, as the Non-Voting Agency position on the Human Services Commission. This is a two year appointment. Her new appointment will begin immediately and continue to 12/31/07. I submit this for your confirmation, jb Kent City Council Meeting Date January 17, 2006 Category Consent Calendar 1. SUBJECT: LAND USE AND PLANNING BOARD RE-APPOINTMENT AND APPOINTMENT — CONFIRM 2. SUMMARY STATEMENT: Confirmation of the Mayor's re-appointment of I Mr Kenneth Wendlmg to continue serving as a member of the Kent Land Use and Planning Board Mr Wendling's new appointment will continue through 12,131/2008 Confirmation of the Mayor's appointment of Mr. Jack Ottini to serve as a new member of the Land Use and Planning Board Mr. Ottini is a Kent resident, and was very active in the very successful Meridian Valley Annexation He has expressed interest in serving our citizens through the Land Use and Planning Board and is looking forward to serving Mr. Ottini's new appointment will begin immediately and continue through 12/31/2008. He will replace Mr Devendra (David) Malik, whose term expired. 3. EXHIBITS: Memorandum 4. RECOMMENDED BY: Mayor Cooke (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 6K OFFICE OF THE MAYOR Suzette Cooke Mayor Phone 253-856-6700 Fax 253-856-6700 Address 220 Fourth Avenue S. KENT Kent,WA 98032-5895 W ASHINGTON TO: DEBORAH RANNIGER, COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: SUZETTE COOKE, MAYOR.0� DATE: JANUARY 11, 2006 RE: APPOINTMENT AND RE-APPOINTMENT TO KENT LAND USE AND PLANNING BOARD I have re-appointed Mr. Kenneth Wendling to continue serving as a member of the Kent Land Use and Planning Board Mr. Wendling's new appointment will continue through 12131/08. I have also appointed Mr. Jack Ottm1 to serve as a new member of the Land use and Planning Board Mr. Ottim is a Kent resident, and was very active in the very successful Meridian Valley Annexation. He has expressed interest in serving our citizens through the Land Use and Planning Board and is looking forward to serving. Mr. Ottini's new appointment will begin immediately and continue through 12/31/08. He will replace Mr. Devendra(David)Malik,whose term expired. I submit this for your confirmation jb i 1 r Kent City Council Meeting Date January 17, 2006 Category Other Business 1. SUBJECT: MCGREW REZONE (QUASI-JUDICIAL) 2. SUMMARY STATEMENT: This request by David McGrew is to rezone three parcels totaling 2 1 acres of property from SR-4.5 (Single-Family Residential), to SR-8 (Single-Family Residential) The property is located at the southeast corner of 94`n Avenue South and South 242°d Street The Kent Hearing Examiner held a Public Hearing on November 30, 2005, and issued Findings, Conclusions, and a Recommendation for approval on December 14, 2005. 3. EXHIBITS: Staff report with map and Hearing Examiner Findings, Conclusions & Recommendation 4. RECONIMENDED BY: Hearing Examiner (Committee, Staff, Examiner, Commission, etc ) r5. 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 Zri�.y h moves, Councilmember � - -- seconds to accept4e ma�the Findings, Conclusions and Recommendation of the Hearing Examiner on the McGrew Rezone and to direct the City Attorney to prepare the necessary ordinance DISCUSSION: ACTION: Council Agenda Item No 7A tCOMMUNITY DEVELOPMENT Fred N Satterstrom, Director PLANNING SERVICES • Charlene Anderson, AICP, Manager K E N T Phone 253-856-5454 W,s„, vGTON 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 30, 2005 FILE NO- McGrew Rezone #RZ-2005-11 KIVA#2052746 APPLICANT David McGrew 24220 94" Avenue South Kent, WA 98030 REQUEST A request to rezone 21 acres of property from SR-4 5, Single Family Residential to SR-8, Single Family Residential STAFF REPRESENTATIVE Lydia Moorehead, Planner STAFF RECOMMENDATION APPROVAL I. GENERAL INFORMATION A. Description of the Proposal The applicant proposes to rezone 2 1 acres from the current zoning of SR-4 5, Single Family Residential to SR-8, Single Family Residential. B Location The subject property consists of three separate parcels located on the southeast corner of 94th Avenue South and South 242nd Street The property is identified by King County Tax Parcel numbers 1922059014, 1922059189, and 1922059305 C Size of Property iThe property consists of three parcels totaling 2 1 acres in size Staff Report McGrew Rezone #RZ-2005-11 KIVA#2052746 D Zoning/Comprehensive Plan The site is currently zoned SR-4 5, Single Family Residential Zoning immediately adjacent to the site includes SR-6 to the north and SR-4 5 to the east, west, and south Areas farther to the northwest are zoned MR-D, Duplex Multifamily, and farther to the southwest are zoned MR-M, Medium Density Multifamily and MR-D, Duplex Multifamily The City of Kent Comprehensive Plan designates the site, together with the properties immediately surrounding the site, as SF-8, Single Family eight dwelling units per acre Utilizing the gross acreage only, the proposed SR-8 zoning designation would allow for the development of approximately 18 detached dwelling units, as opposed to nine dwelling units under the existing SR-4 5 designation However, due to the land area requirements associated with stormwater management systems, roadways, and other improvements, fewer lots are anticipated for this site E. Land Use The property is developed with two single family homes and two accessory structures Surrounding development is predominately single family residential with two churches and a few apartment/condo complexes located within the vicinity Existing single family development in the area along 941h Avenue South is generally characterized by medium density development on platted and unplatted lots Higher density single family development occurs in the area north and east of the site F. History r The property was annexed to the City of Kent on April 21, 1987 under Ordinance No 2721 II ENVIRONMENTAL CONSIDERATIONS A. Environmental Assessment A Determination of Nonsignificance (ENV-2005-52) for the rezone proposal was issued on October 24, 2005 No conditions for this rezone request were proposed The SEPA appeal period expired on November 21, 2005 and no comments or appeals were received Page 2 of 9 Staff Report McGrew Rezone #RZ-2005-11 KIVA#2052746 B Significant Physical Features Topography. Wetlands and Vegetation The site is generally flat with an isolated slope towards 94`h Avenue South Vegetation on site consists of maple and cedar trees, shrubs, grass and pasture There are no sensitive areas on the site C Significant Social Features 1 Street System The site has frontage along 94`h Avenue South and South 242"d Street Upon future development of the property, road and street frontage improvements to meet City of Kent roadway standards will be required as conditions of approval These improvements include but are not limited to curb, gutter sidewalks, planting strips, street lighting, paving, necessary street improvements, and public stormwater conveyance As a non-project action, this rezone will have no impacts on the transportation system at this time However, subsequent development of the site will likely create traffic impacts which will be addressed during the development review process 2. Water System The site receives water service from the City of Kent 3. Sanitary Sewer System The site receives sanitary sewer service from the City of Kent 4 Stormwater System Stormwater systems will need to be addressed with 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 Page 3 of 9 Staff Report McGrew Rezone #RZ-2005-11 KIVA#2052746 III CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application Police Department Economic Develop Manager Director of Public Works Fire Chief Parks & Recreation Director City Clerk City Attorney Kent School District WA Dept of Ecology Qwest K C Wastewater Treatment King County Transit Division King Co Environmental Health Puget Sound Energy 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 September 2, 2005 A revised Notice of Application was posted on the site and published in the King County Journal on September 19, 2005, correcting an error made when noting the comprehensive plan designation of the site The revised notice of application changed the noted comprehensive plan designation from SF-6 to SF-8 and established a new 14-day comment period Three letters were received regarding this proposal The first letter was received on September 12, 2005 from Mr Rob Forster who resides at 9502 South 242nd Street Mr Forster expressed concern regarding future impacts from increased residential development in the area His concerns included, increased traffic, decreased pedestrian safety, the attraction of low income individuals to the area, and the current conditions along 941h Avenue South which include high volumes of traffic, no sidewalks and streetlights The second letter was received on September 16, 2005 from the Curran family The Curran family expressed concerns about potential impacts to wetlands, drainage, and traffic from new development The third letter was received on October 3, 2005 from Ann Eggers who resides at 9627 South 243rd Street Ms Eggers noted her concerns regarding potential future impacts from increased residential development These concerns include increased traffic, pollution, congestion, and pedestrian safety Ms Eggers noted that the existing condition of 94`h Avenue South and the intersection of South 242nd Street and 94`h Avenue South do not include sidewalks and may be dangerous with additional traffic Ms Eggers also noted the need for additional green space and areas for children to play Comments received during the notice of application comment period generally relate to future development impacts of the site rather than the zone change request No development applications for this site have been submitted to the city, however upon submittal of a development application, issues related to traffic, road improvements, drainage, critical areas and pedestrian safety will be addressed and mitigated where significant impacts are found Page 4 of 9 Staff Report McGrew Rezone #RZ-2005-11 KIVA#2052746 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 designates the type and intensity of land uses throughout the city, as well as in the entire potential annexation area The Land Use Plan Map designates the subject property as SF-8, Single Family Residential which allows eight 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 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 Page 5 of 9 Staff Report r McGrew Rezone #RZ-2005-11 KIVA #2052746 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 near existing urban services and infrastructure The City supports the development of close-in vacant or underdeveloped properties which limits further urban sprawl on the edges of the planning area In addition, infill development provides a more efficient means of providing services and enhancing pedestrian mobility Also, one of the objectives of the comprehensive plan is to provide a wide variety of housing types and opportunities to accommodate protected population growth without converting single family lands to multifamily residential Development of single family subdivisions on underdeveloped, single family zoned land is consistent with this objective Growth Management Hearings Board decisions have determined that lands within urban growth areas should be divided at a minimum of four dwelling units per net acre to ensure efficient provision of urban services The zoning district SR-8 allows 8 71 dwelling units per acre and a minimum lot size of 4,000 square feet HOUSING ELEMENT Goal- Meet the current and future need for housing in the Kent area Ensure opportunities 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 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 6 of 9 Staff Report McGrew Rezone #RZ-2005-11 KNA#2052746 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 The proposed rezone increases the amount of land zoned for current and protected residential needs including single family housing and smaller lot sizes 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 protects 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 SF-8 Single Family Residential When developed in the future, a new development will include interconnected roadways and pedestrian facilities The City's Public Works Department will identify specific improvements which will be necessary along the 94`h Avenue South and the South 242Id Street property frontage to serve future development of the property and accommodate the higher density permitted under this rezone Page 7 of 9 Staff Report McGrew Rezone #RZ-2005-11 KIVA#2052746 B Standards and Criteria for Granting a Request for Rezone The following standards and criteria (Kent Zoning Code, Section 15 09 050) are used by the Hearing Examiner and City Council to evaluate a request for a rezone Such an amendment shall only be granted if the City Council determines that the request is consistent with these standards and criteria 1. The proposed rezone is consistent with the Comprehensive Plan. Planning Services Comment The Comprehensive Plan Land Use Plan Map designates the subject property as SF-8, Single Family Residential which allows up to eight units per acre A rezone of the site from SR-4 5 Single Family Residential to SR-8 Single Family Residential will allow residential development up to eight units per acre, which is consistent with the Comprehensive Plan 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 with the existing development in the vicinity The subject property is surrounded to the north and east by the Walnut Grove Plat Properties located to the south and west are deve!oped with single family homes on large lots which have future development potential Subsequent development of the site will include single family, detached residential homes constructed on individual lots 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 A rezone of this property to SR-8, Single Family Residential, will not generate additional trips onto the existing transportation system However, future development of a subdivision will add 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 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 Page 8 of 9 Staff Report McGrew Rezone #RZ-2005-11 KIVA#2052746 4. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. Planning Services Comment The subject parcels were annexed to the City of Kent on April 21, 1987 and are developed with two single family homes and associated accessory structures The designation of the site as SF-8 in the City Comprehensive Plan dates back to the 1995 Comprehensive Plan Update In 2004, the Kent City Council adopted an update to the Kent Comprehensive Plan which designates this area as SF-8, Single Family Residential Along with the Land Use Plan Map and Policies, the plan also contains a target for the number of new households the City must accommodate for the 20-year time horizon of the plan The GMA also states that the City's development regulations must implement, and be consistent with the Comprehensive Plan Higher density single family development with smaller lot sizes while recognizing significant environmental features is consistent with the goals and policies of the Comprehensive Plan Significant improvements to roadway infrastructure in the immediate area have been completed, which include a new signal at the intersection of 94th Avenue South and Canyon Drive and the addition of sidewalks and bike lanes along the south side of Canyon Drive In addition, the South 272nd/2771h Street Corridor located to the south of the site has been significantly completed This corridor provides roadway connectivity from the East Hill area of Kent to the valley floor and provides direct freeway access for residents coming off the Kent East Hill 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 McGrew rezone KENT PLANNING SERVICES November 23, 2005 ch S\Permit\Planlrezone1200 512 0 52 7 4 6-2 00 5-1 1 report doc Page 9 of 9 W i Z a i' I Ili I co/� 1 c LO 04 cn � -- - - --- -- -- - -0� I � o� 1 OFFICE OF THE LAND USE HEARING EXAMINER Theodore P Hunter Hearing Examiner FINDINGS, CONCLUSIONS AND RECOMMENDATION FILE NO- MCGREW #RZ-2005-11 KIVA #RPP4-2052746 APPLICANT: David McGrew 24220 94" Avenue S Kent, WA 98030 REQUEST: A zoning map amendment to rezone three parcels' totaling 2 1 acres from SR-4 5 (Single- Family Residential, maximum density 4.53 dwelling units per acre) to SR-8 (Single-Family Residential, maximum density 8 71 dwelling units per acre). The subject property is located at the southeast corner of 94th Avenue South and South 242"d Street. LOCATION The property is located on the southeast corner of 941h Avenue S. and S. 242"d Street The property is identified by King County Tax Parcel numbers 1922059014, 1922059189 and 1922059305 APPLICATION FILED- August 3, 2005 DETERMINATION OF NONSIGNIFICANCE ISSUED- October 24, 2005 MEETING DATE November 30, 2005 RECOMMENDATION ISSUED- December 14, 2005 RECOMMENDATION APPROVED STAFF REPRESENTATIVE: Lydia Moorehead, Planning Services King County Tax Parcel Numbers 1922059014, 1922059189,and 1922059305 Exhibit 1, Staff Report,page I Findings, Conclusions and Recommendation Hearing Examiner for the City of Kent McGrew #RZ-2005-11 K1VA #RPP4-2052746 Page 1 of 7 PUBLIC TESTIMONY David McGrew, applicant Others Colin Thorpe Roma Lindbloom Ann Eggers EXHIBITS 1. Staff report dated November 23, 2005 with the following attachments A. Rezone Application filed August 3, 2005, with Response to Criteria, Legal Description, Vicinity Map, and Parcel Map B Correspondence, including letter from Ann Eggers received October 3, 2005, letter from Maureen Curran received September 16, 2005, and letter from Rob Forster received September 12, 2005 C Department Routing Forms, with comments from Lori Flemm, Parks Department, and Paul Peterson, Police Department D Public Notice Documents, including Affidavits and Mailing List E. Notice of Completeness and Notice of Application Documents, including Affidavits F. SEPA Determination of Nonsignificance dated October 24, 2005, with Environmental Checklist Based upon the testimony and evidence admitted at the open record hearing, the Hearing Examiner enters the following Findings and Conclusions FINDINGS 1 David McGrew (Applicant) requested a zoning map amendment to rezone three parcels2 totaling 2 1 acres from SR-4 5 (Single-Family Residential, maximum density 4 53 dwelling units per acre) to SR-8 (Single-Family Residential, maximum density 8 71 dwelling units per acre) The subject property is located at '- King County Tax Parcel Numbers 1922059014, 1922059189, and 1922059305 Exhibit 1, Staff Report, page 1 I Findings, Conclusions and Recommendation Hearing Examiner for the City of Kent McGrew #RZ-2005-11 KIVA #RPP4-2052746 Page 2 of 7 the southeast corner of 94`h Avenue South and South 242nd Street in Kent, Washington Exhibit 1, Staff Report, page 1; Exhibit 1, Attachment A t2. The subject property and adjacent properties to the east, west, and south are zoned SR-4 5 Adjacent properties to the north are zoned SR-6 Areas farther to the northwest and southwest are zoned for multifamily development Exhibit 1, Staff Report, page 2 3. The City of Kent Comprehensive Plan Land Use Map designates the subject property and all adjacent properties as Single-Family, eight units per acre (SF- 8)3. Exhibit 1, Staff Report, page 2. 4. Surrounding development is characterized by medium density residential development along 94`h Avenue South, and by higher density residential development to the north and east of the site along South 242nd Street There are churches and condominium/apartment complexes in the vicinity of the site Exhibit 1, Staff Report, page 2. L5. The proposed rezone would not result In the establishment of land uses that are incompatible with the character of surrounding properties Both the SR-4 5 and SR-8 zones are intended for single-family residential development Neither zone permits the establishment of duplex or multi-family residential structures KCC 15 04 020 The Applicant proposes to develop the site in a manner that is generally consistent with the adjoining Walnut Grove subdivision Due to a 15- foot-wide strip of right-of-way between the property boundary and South 242nd Street, the Applicant anticipates that the SR-8 lots along the northern property line would have an appearance that is similar to SR-6 lots The SR-8 zoning would allow the Applicant greater flexibility in lot configuration Exhibit 1, Attachment A, Testimony of Mr McGrew 6. The City of Kent Comprehensive Plan contains the following goals and policies that are relevant to the rezone application Goal LU-9 Provide adequate land and densities to accommodate the adopted 20 year housing target of 4,284 new dwelling units within existing city limits 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 } Please note that the Comprehensive Plan designation has an"SF" prefix, whereas the Zoning Code designation has an "SR' prefix Findings, Conclusions and Recommendation Hearing Examiner for the City of Kent McGrew #RZ-2005-11 KlVA #RPP4-2052746 Page 3 of 7 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. 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. 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 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 .... Exhibit 1, Staff Report, pages 5-7 The proposed rezone supports these goals and policies in that the subject property is served by existing urban services and infrastructure, and the density allowed by the rezone would accommodate additional population growth through single-family rather than multi-family development Future development of the property would require interconnected roadways and pedestrian facilities, and mitigation of impacts to the transportation system Exhibit 1, Staff Report, pages 5-7. 7. The subject property was annexed to the City of Kent on April 21, 1987 In 1995, the City designated the property as SF-8 in the Comprehensive Plan, and affirmed this designation in the 2004 update to the Comprehensive Plan Exhibit 1, Staff Report, page 9 8. Circumstances have changed since the City adopted the SR-4.5 zoning of the subject property The changed circumstances relate to transportation improvements in the area There is a new traffic signal at the intersection of 94th Avenue South and Canyon Drive (SR-516), and sidewalks and bicycle lanes have been added to the south side of Canyon Drive In addition, the City has substantially completed its South 272nd/277" Street Corridor Project Exhibit 1, Staff Report, page 9; Exhibit 1, Attachment A, Vicinity Map. Findings, Conclusions and Recommendation Hearing Examiner for the City of Kent McGrew #RZ-2005-11 KIVA #RPP4-2052746 Page 4 of 7 9. The proposed rezone is not associated with a specific development proposal However, based on the gross acreage of the site, the maximum number of dwelling units that could be developed under current SR-4 5 zoning is nine and the maximum number of dwelling units that could be developed under the proposed SR-8 zoning is 18 Because this density calculation does not take into account development constraints such as the need to set aside land for roads, stormwater facilities, and other improvements, the actual number of dwelling units that could be developed on site would likely be less than the maximum allowed The Applicant does not anticipate developing more than 12 dwelling units on the site Exhibit 1, Staff Report, page 2; Testimony of Mr. McGrew 10. The proposed rezone, in and of itself, would not add traffic to the local street system The traffic impact of future development of the subject property would be mitigated through frontage improvements, including curb, gutter, sidewalk, planting strip, street lighting, paving, and storm drainage facilities, and payment ` of an environmental mitigation fee Exhibit 1, Staff Report, page 8 11. Public comment on the rezone application related to the traffic and storm water impacts associated with future development of the site, the density of future development, the lack of pedestrian facilities on 94ih Avenue South, the existing traffic congestion at the intersection of James Street and 94th Avenue South, and the sight distance limitations at the intersection of 94`h Avenue South and South 242"d Street Exhibit 1, Attachment 8, Testimony of Mr Thorpe, Ms Lindbloom, and Ms. Eggers. Many of the issues raised in public comment would be addressed at the time development is proposed The Applicant recognizes that sight distance corrections would be necessary at the intersection of 94ih Avenue South and South 242"d Street, and that pedestrian improvements would be required by the City Additional pedestrian facilities would be constructed in conjunction with a subdivision proposal to the west of the subject property The density of any future development of the subject property would likely not exceed 11 or 12 dwelling units Testimony of Mr McGrew, Testimony of Mr. Thorpe 12. Pursuant to the State Environmental Policy Act (SEPA), the City of Kent acted as lead agency for review of environmental impacts caused by the proposal The City issued a Determination of Nonsignificance (DNS) for the rezone on October 25, 2005 The DNS was not appealed Further environmental review would be conducted when specific development is proposed Exhibit 1, Staff Report, page 2; Exhibit 1, Attachment F, Testimony of Ms Moorehead. 13. Notice of the open record hearing was posted on the property, mailed to properties within 300 feet of the site and published in King County Journal in accordance with City ordinances Exhibit 1, Attachment D Findings, Conclusions and Recommendation Heanng Examiner for the City of Kent McGrew #RZ-2005-11 KIVA #RPP4-2052746 Page 5 of 7 CONCLUSIONS Jurisdiction ' The Hearing Examiner has jurisdiction to hold an open record hearing on this quasi- judicial rezone and to issue a written recommendation for final action to the Council, pursuant to RCW 35A 63 170 and Chapters 2 32 and 15 09 of the Kent City Code Criteria for Review Section 15.09.050(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- a. The proposed rezone is consistent with the Comprehensive Plan; b. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity, C. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated, d. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone, e. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Conclusions based on Findings 1. The proposed rezone is consistent with the Comprehensive Plan. The Comprehensive Plan designates the subject property and all surrounding properties as SF-8. The additional density allowed by the rezone would support the policies of the Comprehensive Plan. Findings Nos. 3, 6, and 7. 2. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. Existing and authorized land uses in the vicinity of the site are single-family and multi-family residential, and the uses immediately adjacent to the site are single-family residential The future use of the subject property, with the rezone, would be single-family residential. Although the allowed density would be slightly higher than that of surrounding properties, credible evidence was presented that the full development potential of Findings, Conclusions and Recommendation Hearing Examiner for the City of Kent McGrew #RZ-2005-11 KIVA #RPP4-2052746 Page 6 of 7 the site (18 units) would not be realized Future development of the subject property would require mitigation of off-site Impacts Findings Nos 2, 4, 5, 9, 10, 11, and 12 3. The proposed rezone would not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. Mitigation requirements would be established when specific development is proposed Findings Nos 10 and 11 4. Circumstances have changed substantially since the establishment of the current zoning district. Transportation facilities have Improved in the vicinity of the site Finding No 8 5. The proposed rezone would not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Allowed land uses under both the current and proposed zoning designations are exclusively residential No adverse Impacts were Identified during the environmental review process that cannot be mitigated at the time a specific development proposal is submitted. Findings Nos 2, 5, 10, 11, and 12 RECOMMENDATION Based upon the preceding Findings and Conclusions, the Hearing Examiner recommends that the application for a rezone of King County Tax Parcel Nos 1922059014, 1922059189, and 1922059305 from SR-4 5 to SR-8 be APPROVED Dated this 141h day of December 2005. THEODORE PAUL HUNTER Hearing Examiner S Term it\Plan\rezone\2005\2052746-2005-11findings doc i Findings, Conclusions and Recommendation Hearing Examiner for the City of Kent McGrew #RZ-2005-11 KIVA #RPP4-2052746 Page 7 of 7 r rREPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B OPERATIONS COMMITTEE r C. PUBLIC SAFETY COMMITTEE r D. PUBLIC WORKS r ' E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE i F. PARKS AND HUMAN SERVICES COMMITTEE r G. ADMINISTRATIVE REPORTS r REPORTS FROM SPECIAL COMMITTEES 1 r r r CONTINUED COMMUNICATIONS rA r 1 r r r r 1 r r r r r r r r iEXECUTIVE SESSION i 1 ACTION AFTER EXECUTIVE SESSION 1 � r t 1 1 � r r 1 1 1 t 1